288-26-EPW-IFB- Excavation_ Loading_ and Hauling Services Solicitation.pdf

INVITATION FOR BIDS FOR: Excavation, Loading, and Hauling Services

IFB#: 288-26-EPW-IFB

IFB CLOSING DATE: Tuesday, August 4, 2026

IFB CLOSING TIME: 3:00 P.M CT

City of Brownsville, Texas Procurement Department Solicitation No. 099-26-EPW-IFB

Table of Contents

1 GENERAL INFORMATION

1.1 INVITATION SUMMARY

1.2 LEGAL ADVERTISEMENT NOTICE

1.3 CALENDAR OF EVENTS

1.4 PROJECT OVERVIEW

1.5 POINT OF CONTACT

1.6 UNAUTHORIZED COMMUNICATION

1.7 SUBMISSION OF CLARIFICATIONS OR CHANGES

1.8 SUBMISSION OF BIDS

1.9 BUDGET INFORMATION

1.10 FUNDING NOTICE

1.11 CONTRACT TERM

2 SCOPE OF WORK / TECHNICAL SPECIFICATIONS

2.1 PROJECT DESCRIPTION

2.2 MINIMUM QUALIFICATIONS

2.3 PERFORMANCE REQUIREMENTS

2.4 REFERENCE TO TECHNICAL DOCUMENTS

3 BID SUBMISSION REQUIREMENTS

3.1 CITY REQUIRED FORMS

3.2 VENDOR PRODUCED FORMS

3.3 CONFIDENTIALITY / TEXAS PUBLIC INFORMATION ACT

4 EVALUATION AND AWARD

4.1 EVALUATION PROCESS OVERVIEW

4.2 RESPONSIVENESS (PASS/FAIL)

4.3 RESPONSIBILITY (PASS/FAIL)

4.4 PRICING (LOWEST BIDDER)

4.5 BASIS OF AWARD

4.6 SINGLE BID

5 TERMS AND CONDITIONS

5.1 STANDARD TERMS AND CONDITIONS REFERENCE (EXHIBIT A)

5.2 BID PRICING PERIOD

5.3 WITHDRAWAL OF BID

5.4 BID PRICE REVISIONS (IF APPLICABLE)

5.5 AVAILABILITY OF FUNDS / NON-APPROPRIATION

5.6 TERMINATION BY THE CITY

5.7 INDEMNIFICATION

5.8 INSURANCE REQUIREMENTS

5.9 PROTEST PROCEDURES

5.10 RESTRICTIONS ON LOBBYING & POLITICAL CONTRIBUTIONS

5.11 CONFLICT OF INTEREST DISCLOSURES

5.12 STATE AND FEDERAL CERTIFICATIONS

5.13 PUBLIC INFORMATION ACT & CONFIDENTIALITY

5.14 GOVERNING LAW & VENUE

5.15 INDEPENDENT CONTRACTOR STATUS

5.16 RESERVATION OF RIGHTS

5.17 DRUG-FREE WORKPLACE

5.18 CONSTRUCTION ONLY TERMS AND CONDITIONS (IF APPLICABLE)

5.18.1 Bid Bond (Construction Only)

5.18.2 Payment and Performance Bond Requirements (Exhibit B)

5.18.3 Liquidated Damages (Construction Only) Non Applicable

5.18.4 Application for Progress Payment; Retainage (Construction/Renovation Only)

5.18.5 Contractor’s Warranty of Title (Construction Only)

5.18.6 Change Orders

5.18.7 Materials Testing and Compliance (Construction Only; or Goods/Materials, If Applicable)

6 EXHIBIT “A” - STANDARD PURCHASING TERMS AND CONDITIONS

7 EXHIBIT “B” - CHAPTER 2253. PUBLIC WORK PERFORMANCE AND PAYMENT BOND

1 General Information

1.1 Invitation Summary

The City of Brownsville Procurement Department appreciates your interest in this solicitation. This Invitation for Bids (IFB) includes all requirements, specifications, and forms necessary for submission. All dates and times referenced in this IFB are Central Standard Time (CST).

Bidders are responsible for ensuring their response is complete and submitted electronically through the City’s Bonfire portal at https://brownsvilletx.bonfirehub.com by the deadline stated in this solicitation. Late responses will not be accepted.

For questions or assistance, please contact the designated Buyer listed in Section 1.5 (Point of Contact).

1.2 Legal Advertisement Notice

* B/P/Q (Bid/Proposal/Qualifications)

Sealed, bids/proposals will be received by the City of Brownsville’s Electronic Portal at City of Brownsville (bonfirehub.com)

Copies of the bid documents consisting of detailed specifications, general requirements or other information may be obtained at http://www.brownsvilletx.gov City of Brownsville (bonfirehub.com)

Interested Bidders/Proposers are invited to attend the Pre-Bid meeting and the Bid/Proposal opening Virtually on the dates specified. Presence is not mandatory. Specifications may also be viewed and downloaded at: City of Brownsville (bonfirehub.com)

Description NUMBER Pre-Bid Meeting OPENING

INVITATION FOR BIDS

FOR EXCAVATION,

LOADING, AND HAULING

SERVICES

*B

288-26-EPW-

IFB

Tuesday, July 7, 2026 @ 11:00

A.M CT

TEAMS VIRTUAL MEETING

Tuesday, August 4, 2026 @ 3:00 P.M CT

TEAMS VIRTUAL

MEETING

https://brownsvilletx.bonfirehub.com/ https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities http://www.brownsvilletx.gov/ https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities

1.3 Calendar of Events

Release Date Saturday, June 27, 2026 Pre-Bid Meeting Tuesday July 7, 2026, at 11:00 AM

The Pre-Bid meeting is open to the public. Pre-Bid meeting participants may attend via Microsoft Teams (link below).

Microsoft Teams Link:

https://teams.microsoft.com/meet/2912281500734 54?p=cAPaStbiAPVDWPazeM

Meeting ID: 291 228 150 073 454 Passcode: Ar2bR9rx

Questions Due Date Monday, July 13, 2026, 3:00PM Addenda Issue Date Monday, July 20, 2026 Bid Closing Date (Bid Due Date) Tuesday, August 4, 2026, 3:00PM

Bid Opening Meeting Tuesday, August 4, 2026, 3:00PM

The Bid Opening meeting is open to the public.

Bid Opening meeting participants may attend via Microsoft Teams (link below).

Microsoft Teams Link:

https://teams.microsoft.com/meet/2956274452565 61?p=eDeI563ltvCL52guJi

Meeting ID: 295 627 445 256 561 Passcode: rj2EP9YP https://teams.microsoft.com/meet/291228150073454?p=cAPaStbiAPVDWPazeM https://teams.microsoft.com/meet/291228150073454?p=cAPaStbiAPVDWPazeM https://teams.microsoft.com/meet/295627445256561?p=eDeI563ltvCL52guJi https://teams.microsoft.com/meet/295627445256561?p=eDeI563ltvCL52guJi

1.4 Project Overview

It is the intent of the City of Brownsville, Texas to solicit sealed competitive bids to establish a term contract for Excavation, Loading, and Hauling Services, including excavation, loading, and the hauling/transportation of soil, sand, clay, and other related materials, as needed by the City of Brownsville. The awarded contract will be utilized on an as-needed basis to support City operations, maintenance activities, and construction-related projects.

1.5 Point of Contact

For information regarding bidding procedures, contact Ms. Jaydy Valdez, Buyer, or Damian Espinoza, Procurement Director, via Bonfire or email at purchasing@brownsvilletx.gov

1.6 Unauthorized Communication

Any oral communications are considered unofficial and non-binding with regard to this IFB. After the release of this solicitation, Bidder(s) are prohibited from contacting or communicating with any City officer, employee, or representative regarding this IFB other than (i) the point of contact designated herein. No officer, employee, agent, or representative of the Proposer(s) shall, directly or indirectly through others, have any contact or discussion, oral or written, with any members of the City Commission; members of the IFB evaluation, interview, or selection panels; City staff or City’s consultants, or seek to influence any City Commission Member, IFB evaluator, City staff, or City’s consultants regarding any matters pertaining to this solicitation, except as expressly provided herein. IF A REPRESENTATIVE OF ANY BIDDING COMPANY

VIOLATES THE FOREGOING PROHIBITION BY CONTACTING ANY OF THE ABOVE-LISTED

PARTIES WITH WHOM CONTACT IS NOT AUTHORIZED, SUCH CONTACT MAY RESULT IN

THE PROPOSER BEING DISQUALIFIED FROM THE IFB/RFP/RFQ/ OR ANY OTHER

PROCUREMENT RELATED PROCESS.

1.7 Submission of Clarifications or Changes

All requests for clarifications must be submitted in Bonfire no later than the date specified in the Calendar of Events.

1.8 Submission of Bids

Respondent is responsible to ensure that their IFB response is received in a timely manner and that it contains all elements of the IFB including all required forms and any addendums issued. IFB responses received after the deadline will not be opened and therefore not evaluated or considered for award, regardless of whether or not the delay was outside the control of the submitting provider. The City of Brownsville reserves the right to negotiate with any and all service providers submitting timely responses, and to reject any and all bids.

1.9 Budget Information

The City of Brownsville will not be disclosing budget information for this project. Bidders are expected to submit their most competitive pricing in response to this IFB.

https://brownsvilletx.bonfirehub.com/ mailto:purchasing@brownsvilletx.gov

1.10 Funding Notice

Local funds will be used and shall comply with all applicable local procurement laws, regulations, and policies.

STANDALONE EQUAL EMPLOYMENT SECTION

The City of Brownsville is an Affirmative Action/Equal Opportunity Employer. Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and Labor Surplus Area firms are encouraged to submit proposals.

1.11 Contract Term

The initial term of the agreement resulting from this IFB shall commence on approval by the City Commission or its designee and be for a (3) year term with (2) optional one (1) year renewal periods, unless terminated earlier in accordance with the contract provisions. The City reserves the right to renew the contract for additional periods, subject to mutual agreement and availability of funds.

2 Scope of Work / Technical Specifications

2.1 Project Description

The City of Brownsville seeks to establish a term contract with qualified suppliers for the provision of soil materials and associated hauling services to support landfill operations and related City projects. This non-construction contract covers the supply, delivery, pickup, hauling, and testing of soils in accordance with TCEQ-approved standards. (Please refer to the Technical Specs attachment for a more in-depth scope of work).

2.2 Minimum Qualifications

In order to be considered a responsible bidder, the following minimum qualifications must be met. These requirements are subject to verification by the City. Failure to demonstrate compliance will result in the bid being deemed non-responsive or non-responsible.

• Business Experience o Bidder must have been in continuous operation providing goods or services similar in scope to this solicitation for a minimum of five (5) years.

o Bidder must provide at least three (3) references from projects of similar size and scope completed within the past five (5) years.

• Financial and Legal Standing o Bidder must not be currently debarred, suspended, or otherwise ineligible to contract with any federal, state, or local government entity.

o Bidder must not be in arrears on any existing contract or have defaulted on a previous contract with the City.

o The City reserves the right to review financial stability, including bonding capacity (if applicable), to ensure the bidder can perform.

• Licenses and Certifications o Bidder must hold all licenses, certifications, and registrations required by federal, state, and local law to perform the scope of work described in this solicitation.

o For construction projects, bidder must maintain all professional and trade licenses as required by Texas law.

• Insurance and Bonding (if applicable) o Bidder must be able to provide insurance coverage meeting the requirements outlined in Section 5 (Terms and Conditions).

o For construction projects, the successful bidder must provide Bid Bond, Payment Bond, and Performance Bond in accordance with Texas Government Code Chapter 2253.

2.3 Performance Requirements

The successful bidder must comply with the following performance requirements, as applicable to the project:

• Timely delivery of goods or completion of services/construction within the project schedule.

• Compliance with all applicable federal, state, and local codes, standards, and regulations.

• Quality assurance and warranty provisions as specified.

• Coordination with City staff and other contractors as necessary.

• Safety compliance with OSHA and City standards.

2.4 Reference to Technical Documents

The following technical documents are incorporated by reference and provided as separate files in the City’s Bonfire procurement portal at https://brownsvilletx.bonfirehub.com. Bidders are responsible for reviewing these documents in their entirety prior to submission. Failure to acknowledge or comply with the requirements set forth in these documents may result in disqualification.

• Technical Specifications-Scope of Work

3 Bid Submission Requirements

3.1 City Required Forms

All City-required forms that need to be completed will be found on Bonfire as a separate attachment from the solicitation package. It is the vendor's responsibility to obtain and submit these required forms with their response package.

Once submitted, bids become the property of the City. Invitation for Bids must be signed by a duly authorized official of the Firm’s/Contractor's organization.

• Telegraphic bids will not be considered.

• Bids may not be withdrawn after the bid opening.

• The City of Brownsville reserves the right to reject any and all bids.

• At the sole discretion of the City, events listed are subject to scheduling changes and cancellation. The

City will make public any changes to the stated schedule.

In addition to the narrative requested in the IFB, the following documents are to be completed and returned with the Respondent’s response package:

• Form 1 – Proposal Acknowledgment & Authorized Contact Info

• Form 2 - Statement Of Conflicts Of Interest

• Form 3 - Texas Ethics Commission Certificate of Interested Parties (Form 1295)

• Form 4 – Respondent’s Statement of Organization

• Form 5 – Non-Collusion Affidavit

• Form 6 – Litigation Disclosure

• Form 7 – Disclosure of Interest

• Form 8 - References

• Form 9 – Proposed Deviations

• Form 10 - Bid Price Form

• Form 11 – Optional Cooperative Use Authorization & Administrative Fee Acknowledgment

3.2 Vendor Produced Forms

In addition to the City forms, vendors are responsible for providing certain documents that are not prepared or issued by the City. These must be completed by the vendor and uploaded in Bonfire with the bid response.

• Certificate of Insurance

• Bond Capacity Letter (required with submittal)

Vendors must submit a Bond Capacity Letter from a surety company with their response. This letter confirms available bonding capacity only and does not satisfy the requirement for Payment and Performance Bonds. Payment and Performance Bonds might be required from the awarded vendor upon PO issuance.

3.3 Confidentiality / Texas Public Information Act

All documents submitted in response to this solicitation are subject to the Texas Public Information Act (Texas Government Code Chapter 552). Vendors must clearly mark any portion of their submission that they consider confidential, proprietary, or trade secret.

The City will make reasonable efforts to protect such information but makes no guarantee that it will be exempt from disclosure. Final determinations are made by the Texas Attorney General or a court of competent jurisdiction.

4 Evaluation and Award

4.1 Evaluation Process Overview

All bids will be reviewed by the City for responsiveness, responsibility, and price. The City of Brownsville reserves the right to reject any bid that fails to meet the requirements of this IFB.

The evaluation will proceed in the following steps:

• Compliance Review (Responsiveness): Verify that all required forms, documents, and addenda acknowledgements were submitted correctly through the City’s bidding platform.

• Responsibility Review: Confirm that the bidder has the capacity to perform, including licenses, insurance, financial standing, references, and bonding capacity (if applicable).

• Price Review: Among responsive and responsible bidders, award will be made to the lowest bidder based on total evaluated price.

4.2 Responsiveness (Pass/Fail)

A bid may be deemed non-responsive and disqualified if it fails to:

• Submit all required City forms (see Section 3.1).

• Submit all required vendor-produced documents (see Section 3.2).

• Meet submission deadlines and procedures as outlined in Section 1.8.

• Acknowledge all issued addenda.

4.3 Responsibility (Pass/Fail)

A bidder may be deemed non-responsible if they:

• Lack the financial stability, bonding capacity, or insurance coverage required.

• Have failed to perform satisfactorily on previous City contracts.

• Are debarred, suspended, or otherwise ineligible to contract with government entities.

• Cannot provide valid references demonstrating capability to perform the scope of work.

4.4 Pricing (Lowest Bidder)

Award will be made to the lowest responsive and responsible bidder in accordance with Texas Local Government Code Chapter 252 and other applicable laws and regulations.

Evaluation of price may include:

• Lump Sum Contracts: The total bid amount for the entire project.

• Unit Price Contracts: The extended totals for estimated quantities multiplied by unit prices.

• Alternate or Deductive Items (if requested): The City may consider alternates or deductive items in determining the lowest bid, as specified in the bid documents.

• Federal or State Funding Requirements: When federal or state funds are involved, award shall be made in compliance with all applicable statutes, regulations, and funding agency guidelines (e.g., Davis-Bacon Act, Buy America/Buy American provisions, Uniform Guidance under 2 CFR Part 200).

4.5 Basis of Award

The City reserves the right to make multiple awards under this solicitation if deemed to be in the best interest of the City. Multiple awards may be made to two (2) or more responsive and responsible bidders to ensure adequate service coverage, availability, and timely response. In such cases, the City may issue work requests, purchase orders, or task releases to one or more awarded vendors based on availability, pricing, performance, response time, location, or other operational considerations.

4.6 Single Bid

In the event a single bid is received, the City may, at its option, conduct a price analysis and negotiate the award, or reject the bid and re-advertise.

5 Terms and Conditions

5.1 Standard Terms and Conditions Reference (Exhibit A)

The City of Brownsville’s Standard Purchasing Terms and Conditions (Exhibit A) are incorporated herein by reference and shall govern all resulting contracts unless expressly modified by this solicitation. By submitting a bid, the bidder acknowledges receipt and acceptance of Exhibit A.

5.2 Bid Pricing Period

All bid prices shall remain firm and irrevocable for ninety (90) calendar days from the date of the bid opening, unless otherwise stated in this IFB or extended by mutual written agreement.

5.3 Withdrawal of Bid

Bids may not be withdrawn or cancelled by the Bidder after the submission deadline. By submitting a bid, the Bidder acknowledges and agrees that its bid shall remain valid and enforceable for the full Bid Pricing Period identified in Section 5.2

5.4 Bid Price Revisions (If Applicable)

Bid prices shall remain firm for the entire term of the awarded contract. Revisions to unit prices during the contract period may only occur if such revisions are the result of documented price increases in the Gulf Coast area. Any request for revision must:

• Be submitted in writing to the City before the revised prices go into effect; and

• Include detailed documentation supporting the revision.

Such revisions must also be supported by continuing written notices for each thirty (30) day period that the revised prices remain in effect.

Discounts, delivery, and services accepted as part of this bid are not subject to revision.

5.5 Availability of Funds / Non-Appropriation

This procurement is subject to the availability of funding. The City’s obligation hereunder is contingent upon the availability of appropriated funds from which payment for the Contract purposes can be made. No legal liability on the part of the City for any payment shall arise until funds are made available to the Contracting Officer for this Contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Any award of Contract hereunder will be conditioned upon said availability of funds for the Contract. In the event sufficient appropriation, grants, and monies are not made available to City to pay these services for any fiscal year, this Agreement shall terminate without further obligation of City. In such event, the City Manager of City shall certify to contractor that sufficient funds have not been made available to City to meet the obligations of this Agreement; such certification shall be conclusive upon parties.

5.6 Termination by the City

The City may terminate the contract, in whole or in part, for convenience or cause by providing thirty (30) days’ written notice to the Contractor. If terminated for cause due to the Contractor’s default, the City may pursue all remedies available under law or equity, including procurement of substitute services at the Contractor’s expense.

5.7 Indemnification

BIDDER covenants and agrees to FULLY INDEMNIFY, DEFEND and HOLD HARMLESS, the CITY and the elected officials, employees, officers, directors, volunteers and representatives of the CITY, individually and collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon the CITY directly or indirectly arising out of, resulting from or related to BIDDER’S activities under this contract, including any acts or omissions of BIDDER, any agent, officer, director, representative, employee, consultant or subcontractor of BIDDER, and their respective officers, agents employees, directors and representatives while in the exercise of the rights or performance of the duties under this contract. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of CITY, its officers or employees, in instances where such negligence causes personal injury, death, or property damage. IN THE EVENT BIDDER AND CITY

ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL

BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS FOR THE STATE OF

TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO

THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES

UNDER TEXAS LAW.

The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. BIDDER shall advise the CITY in writing within 24 hours of any claim or demand against the CITY or BIDDER known to BIDDER related to or arising out of BIDDER's activities under this contract, and shall see to the investigation and defense of such claim or demand at BIDDER's cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving BIDDER of any of its obligations under this paragraph.

5.8 Insurance Requirements

The Contractor shall, at its own expense, maintain insurance coverage meeting or exceeding the following requirements for the duration of the contract:

• Workers’ Compensation: Statutory, with Employer’s Liability limits of not less than $500,000 each accident/disease. If Contractor is not legally required to carry Workers’ Compensation, Contractor shall provide alternative coverage acceptable to the City.

• Commercial General Liability (CGL): $1,000,000 per occurrence / $2,000,000 aggregate, including premises, operations, independent contractors, products/completed operations, personal injury, and contractual liability coverage.

• Automobile Liability: $1,000,000 combined single limit, covering all owned, hired, and non-owned vehicles.

• Umbrella/Excess Liability: $1,000,000 per occurrence and aggregate.

• Additional Coverages (as applicable): Professional Liability/Errors & Omissions ($1,000,000 minimum); Cyber Liability ($1,000,000 minimum).

Required Endorsements:

• The City of Brownsville shall be named as Additional Insured on the CGL and Auto policies.

• Policies shall include a Waiver of Subrogation in favor of the City.

• Coverage shall be primary and non-contributory to any insurance carried by the City.

Certificates of Insurance:

Contractor shall provide valid certificates of insurance prior to contract execution and upon renewal. Each certificate must state that coverage shall not be canceled, materially changed, or non-renewed without thirty

(30) days’ prior written notice to the City.

5.9 Protest Procedures

The City of Brownsville maintains a formal protest procedure in accordance with its Procurement Policy.

Prior to Bid/Proposal Due Date:

• If a prospective bidder/proposer becomes aware of a deficiency in the solicitation or solicitation process before the due date, the bidder/proposer must notify the City Attorney’s Office in writing no later than five (5) calendar days before the due date. This allows the City to address the situation prior to the closing date.

After Bid/Proposal Due Date:

• A bidder/proposer may protest the solicitation process or recommended award by:

1. Filing a written notice of intent to protest within five (5) calendar days of the date the bidder/proposer knew or should have known of the facts giving rise to the protest. Failure to file this notice waives the right to protest.

2. Filing a formal written protest within seven (7) calendar days after the notice of intent is filed.

The protest must include:

• Name, address, telephone, and email of the protestor;

• The solicitation number;

• A detailed statement of the factual grounds for the protest with supporting documents;

• Signature of the protestor or authorized representative;

• The form of relief requested; and

• A concise and logical presentation of facts.

Review and Hearing:

• Upon receipt of a timely protest, the City Attorney will determine whether the grounds are sufficient.

• If sufficient, the Procurement Office will schedule an informal hearing (not subject to the Open Meetings Act) usually within five (5) working days.

• A written decision will typically be issued within fifteen (15) calendar days after the hearing.

Exceptions; Restrictions:

• The City will generally not make an award until a protest is resolved.

• However, the City Manager may authorize award without delay if:

o The City urgently requires the goods or services, or o Failure to award promptly will unduly delay delivery or performance.

Federal Agency Review:

• Protestors must exhaust all administrative remedies with the City before appealing to a federal agency.

• Federal review is limited to:

o Violations of federal law/regulations, or o Violations of the City’s Protest Procedures for failure to review a complaint.

• Any protest sent to a federal agency outside these grounds will be referred back to the City.

5.10 Restrictions on Lobbying & Political Contributions

A vendor/contractor or their agent is prohibited from lobbying activities with City officials, including elected officials, and employees regarding a proposed contract from the time a solicitation (RFP, RFQ, IFB, or other procurement) has been released until the contract is posted as a City Commission agenda item. If contact is required, such contact shall be made only in accordance with the procedures set forth in Section 1.5 (Authorized Contact) of this IFB. Violation of this provision by respondents or their agents, including lobbyists, may result in disqualification of the respondent’s offer. A parallel no-contact provision applies to lobbyists and their agents.

Further, the following restrictions apply to all vendors, contractors, and their agents/representatives:

1. No Personal Obligation A lobbyist or a vendor/contractor, or any of their agents, may not do any act or refrain from any act for the purpose of placing any City official under personal obligation to them.

2. False Statements No lobbyist, vendor/contractor, or their agents/representatives may knowingly make any false or misleading statement of fact to a City official, or provide a document with false information without notifying the official in writing of the truth. If a registrant learns that a statement made in a registration form or activity report within the previous three (3) years was false, they must correct that statement within thirty (30) days by written notification to the City Secretary.

3. Use of False Identification No lobbyist, vendor/contractor, or their agents/representatives may communicate with a City official using the name of any fictitious person or the name of a real person without that person’s consent.

4. Improper Influence No lobbyist, vendor/contractor, or their agents/representatives may cause or influence the introduction of any ordinance, resolution, appeal, application, petition, nomination, or amendment for the purpose of later being employed to secure its granting, denial, confirmation, rejection, passage, or defeat.

Additionally, in accordance with City Code Sec. 40-7, contractors are prohibited from making political contributions to City officials or candidates during the contract award period. It shall be unlawful for any contractor to contribute or offer any contribution to a candidate, or for any candidate to solicit or accept any contribution from a contractor during a contract award period.

• City Code Sec. 40-7: In the event that a candidate unknowingly accepts a contribution in contravention of this provision, it shall be the duty of the candidate to return the contribution within ten days after he/she becomes aware of the violation.

Each request for proposal or other document, notice, or advertisement for a contract shall contain a notice regarding this section in a form approved by the city attorney. Each contractor shall be required to submit with any proposal or other submission for the award of any contract a complete list of the persons included in the term "contractor" as defined in this chapter in a form prescribed by the city attorney. It shall be the duty of each city department director to immediately forward each contractor list received to the city secretary, who shall compile and maintain a log of persons who are required to be reported. In addition, the city secretary shall compile, maintain, and post online, by the 14th day after a city commission meeting, a list of contracts awarded at such commission meeting by city commission, including on such list, the date of the initial posting of the request for commission action relative to each specific contract, the name of the contractor, a short description of the contract and the date occurring 180 days after the award of the contract or the determination by city commission or the mayor that the contract would not be awarded to a contractor.

As used in this section, the term contractor shall not include a subcontractor.

5.11 Conflict of Interest Disclosures

In compliance with Chapter 176 of the Texas Local Government Code, any vendor or person seeking to contract with the City of Brownsville must file a completed Conflict of Interest Questionnaire (Form CIQ) with the Office of the City Secretary.

The questionnaire must be filed no later than seven (7) days after the earlier of the following:

1. The vendor begins contract discussions or negotiations with the City; or

2. The vendor submits an application, bid, proposal, correspondence, or other writing related to a potential agreement with the City.

The questionnaire requires disclosure of certain business or employment relationships with City Commissioners, the Mayor, and the City Manager. The Texas Ethics Commission (TEC) is responsible for drafting the questionnaire, and the most current form is available on the TEC website, with a link posted on the City’s ethics webpage.

Failure to comply with Chapter 176 is a violation of Texas law and may result in a Class C misdemeanor.

Vendors are encouraged to consult their own legal counsel regarding compliance with this statute.

5.12 State and Federal Certifications

The Contractor certifies the following:

• Texas Family Code Compliance: As per Section 14.52 of the Texas Family Code, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993), all bidders must complete and submit with the bid the following affidavit: I, the undersigned vendor, do hereby acknowledge that NO sole proprietor, partner, majority shareholder of a corporation, or an owner of 10% or more of another business entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement. I understand that under this provision, a sole proprietorship, partnership, corporation or other entity in which a sole proprietor, partner, majority shareholder or a corporation, or an owner of 10% or more of another entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement is NOT eligible to bid or receive a state contract.

• HB 89 & HB 793 Certifications: Vendor certifies that is in compliance with all applicable provisions of the House Bill 89. Purchases made in accordance under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 must comply with the following: 1. Does not boycott Israel currently;

and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with the City of Brownsville.

Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response..

• Debarment and Suspension: For contracts funded in whole or in part with federal funds, the Contractor certifies that it is not debarred, suspended, or otherwise excluded from participation in federal assistance programs under 2 CFR Part 180. Contractor must maintain an active registration in the System for Award Management (SAM.gov) throughout the term of the contract. Proof of current SAM registration may be required at the time of contract execution.

5.13 Public Information Act & Confidentiality

All materials submitted to the City of Brownsville pursuant to this Invitation for Bid/Request for Proposals/Statement of Qualifications become subject to the mandates of the Texas Open Records Act, Government Code, Chapter 552, Subchapter A, §§552.009; Subchapter D, §§552.205; and Subchapter F, §§552.261 through 552.274.

The purpose of this Act is to ensure and facilitate the public's right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power. Almost all "records," as that term is defined in the Act, may be disclosed to the public upon request. Except where specific state or federal statues create a confidential privilege, persons who submit information to public bodies have no right to keep this information from public access or reasonable expectation that this information will be kept from public access.

If you believe that any of the information you have submitted to the City pursuant to this Invitation for Bids is confidential under a specific state or federal statute and therefore not subject to the public access, you must comply with the following:

A. Upload said documents/records to Bonfire marked "Confidential" DO NOT label your entire response to the Invitation for Bid as "Confidential" – label only those portions of the response that you feel are made confidential by state or federal law as "Confidential." If only a portion of a document is confidential, please identify specifically the portions of the document you are claiming are confidential. Under the State of Texas Open Records Act, the City is obligated to produce documents for public inspection even if the documents contain a portion which is confidential, but can redact the confidential parts.

B. For each such document for which you are claiming a confidential privilege, identify the federal and/or state law that creates said privilege, e.g., for trade secrets. Should an Open Records request be presented to the City requesting information you have identified as "Confidential," you will be responsible for defending your position in the Court where the proceeding is filed, if needed.

If you fail to identify any records submitted as part of your Proposal as "Confidential" by placing them in the "Confidential" envelope AND you fail to identify the specific state or federal law creating said privilege, you are irrefutably agreeing that said records are not confidential and are subject to public access.

5.14 Governing Law & Venue

This contract shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any legal action shall lie exclusively in Cameron County, Texas.

5.15 Independent Contractor Status

The Contractor is an independent contractor and not an employee, agent, or representative of the City. Nothing in this contract shall create an employment relationship, joint venture, or partnership.

5.16 Reservation of Rights

The City reserves the right to reject any or all bids, to waive informalities or irregularities, to cancel the solicitation, and to accept the bid deemed most advantageous to the City.

5.17 Drug-Free Workplace

The Contractor shall maintain a workplace free of unlawful manufacture, distribution, dispensation, possession, or use of controlled substances during the performance of any City contract. The Contractor shall inform its employees in writing of its drug-free workplace policy and the consequences of any violation occurring in the workplace. If the Contractor receives notice of any employee conviction under a criminal drug statute for a violation occurring in the workplace while performing under this contract, the Contractor shall notify the City’s Procurement Department within five (5) business days. When this contract is funded in whole or in part with federal funds, the Contractor shall comply with all requirements of the Drug-Free Workplace Act of 1988 (41 U.S.C. §8101 et seq.) and applicable implementing regulations. Failure to comply with this provision shall be considered a material breach of contract and may result in termination, suspension, or debarment from future City contracting opportunities.

5.18 Construction Only Terms and Conditions (If Applicable)

The following provisions apply only when the scope of this IFB involves construction, construction-rehabilitation, or other public works projects subject to Texas Local Government Code Chapter 252 and Texas Government Code Chapter 2253. These clauses do not apply to non-construction procurements.

5.18.1 Bid Bond (Construction Only)

Each bid must be accompanied by an original Bid Bond issued by a corporate surety company licensed to do business in the State of Texas and acceptable to the City of Brownsville. The bond shall be in an amount not less than five percent (5%) of the greatest total amount of the bid proposal and shall serve as a guarantee that, if awarded the contract, the successful bidder will promptly execute the contract and furnish required payment and performance bonds.

All bid bonds must be issued by a surety company that:

• Is authorized to do business in the State of Texas, and

• Appears on the U.S. Department of the Treasury’s Listing of Approved Sureties (Circular 570).

Electronic bid bonds submitted through the City’s Bonfire portal will be accepted if issued by an approved surety provider.

Cash, certified checks, or cashier’s checks will not be accepted as bid security.

5.18.2 Payment and Performance Bond Requirements (Exhibit B)

Sec. 252.044. CONTRACTOR'S BOND. (a) If the contract is for the construction of public works, the bidder to whom the contract is awarded must execute a good and sufficient bond. The bond must be:

1. In the full amount of the contract price;

2. Conditioned that the contractor will faithfully perform the contract; and

3. Executed, in accordance with Chapter 2253 (Exhibit B), Government Code, by a surety company authorized to do business in the state.

4. Repealed by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff. Sept. 1, 1993.

5. The governing body of a home-rule municipality by ordinance may adopt the provisions of this section and Chapter 2253, Government Code, relating to contractors' surety bonds, regardless of a conflicting provision in the municipality's charter.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1, 1995.

A Payment & Performance Bond (Only applies to Construction/Construction-Rehabilitation), in an amount of not less than one hundred percent (100%) of the Contract Price, conditioned upon the faithful performance of the Contract; a Payment Bond, as required by Chapter §2253 of the Texas Government Code, guaranteeing the payment of all persons supplying labor and furnishing materials; and an Extended Warranty Bond, either by separate instrument or incorporated in the foregoing bonds, will be required. Payment and performance bonds provided to the City of Brownsville for these purposes are required to conform with Article 7.19-1 of the Texas Insurance Code. To that end, all bonds provided (i) must be executed by a surety company holding a certificate of authority from the United States secretary of the treasury to qualify on obligations permitted or required under federal law–or- (ii) must be provided by a surety company that is covered by reinsurance for any liability in excess of $100,000.00 from a reinsurer authorized and admitted as a reinsurer in Texas holding a certificate of authority from the United States secretary of the treasury to qualify on obligations permitted or required under federal law. (See Chapter 2253 – Performance and Payment Bond)

A. A listing on the Department of the Treasury Listing of Approved Sureties on the date of bond issuance shall be sufficient proof of the previously mentioned certificate of authority.

B. A copy of the reinsurance contract(s) with accompanying cover letter with original signature shall be sufficient proof of the previously mentioned reinsurance.

Contractor shall provide either a copy of the list as described in “A.” above, or the contract(s) and letter described in “B.” above, together with the payment and performance bonds.

Bid Bonds, Performance Bonds, Payment Bonds, and Extended Warranty Bonds issued by a corporate surety company not licensed to do business in the State of Texas will not be accepted.

Submittal of Payment and Performance Bonds is not required at the time of bid submission. A Payment and Performance Bonding Capacity Letter may be required at the time of bid submission to demonstrate bonding capability. The successful contractor will be notified after City Commission approval of award and must furnish the required Payment and Performance Bonds within the timeframe specified by the City.

5.18.3 Liquidated Damages (Construction Only) Non Applicable

The undersigned BIDDER further agrees to complete the project and achieve substantial completion/delivery within 220 consecutive calendar days submittal from the date of Commencement/shipment, unless such time is extended by the City of Brownsville and that one thousand dollars ($1,000.00) per each consecutive calendar day will be the measure of liquidated damages assessed the undersigned for each calendar day in excess required to complete work and/or delivery under the contract for each portion of the project.

5.18.4 Application for Progress Payment; Retainage (Construction/Renovation Only)

Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the CONTRACT DOCUMENTS. If Payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER'S interest therein, all of which will be satisfactory to OWNER. Retainage withholding will conform to Texas Government Code § 2252.032 as follows:

• For public works contracts with a total value less than $5,000,000, the City may withhold up to ten percent (10%) of the contract price as retainage.

• For public works contracts with a total value of $5,000,000 or more, the City may withhold up to five percent (5%) of the contract price.

• Retainage shall be released upon substantial completion and acceptance of the work, provided all contractual requirements (including lien waivers, inspections, and closeout documentation) are satisfied.

The retainage shall be held by the owner until all the work has been satisfactorily completed and accepted in writing. At that time the retainage may be released and included in the Final Payment.

5.18.5 Contractor’s Warranty of Title (Construction Only)

The Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the City at the time of payment, free and clear of all liens, claims, security interests, or encumbrances.

5.18.6 Change Orders

For construction contracts, all change orders must comply with Texas Local Government Code §252.048, which limits increases in contract price and scope unless approved by the City Commission.

5.18.7 Materials Testing and Compliance (Construction Only; or Goods/Materials, If Applicable)

The City may, at its option and expense, test materials at any time to ensure compliance with the specifications.

If any test fails to show compliance:

• The Contractor’s payment shall be reduced by the full cost of the testing;

• The non-compliant materials shall be removed from the stockpile or roadbed at the Contractor’s expense; and

• No payment shall be made for the non-compliant materials.

The quantity of such non-compliant material shall be determined by the City’s Public Works Director, whose decision shall be final.

6 EXHIBIT “A” - Standard Purchasing Terms and Conditions

By acceptance of a purchase order or agreement, or response to a solicitation, the successful proposer agrees that the following terms and conditions, without modification, will govern:

DEFINITION OF BUYER

The City of Brownsville, its officers, agents, servants, authorized employees, vendors, and subvendors who act on behalf of various City departments, bodies or agencies.

DEFINITION OF SELLER

The consultant, contractor(s), supplier, contractor(s) or other providers of goods and/or services, its officers, agents, servants, employees, vendors and sub vendors who act on behalf of the entity under a contract with the City of Brownsville.

PUBLIC INFORMATION

Any information submitted to the City of Brownsville (the “City”) may be requested by a member of the public under the Texas Public Information Act. See TEX. GOV’T CODE ANN. §§ 552.002, 552.128(c) (West Supp.

2006). If the City receives a request for a Seller’s proprietary information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General’s Office (the “AG”) regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller’s information will be released without penalty to the City.

PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS

No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position.

Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Commission shall render the contract invalid by the City Manager or the City Commission. (Chapter XXVII, Section 16, City of Brownsville Charter)

ORDERS

No employees of the Buyer or its officers, agents, servants, vendors or sub vendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer’s Purchasing Division will place such orders.

Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller’s cost and/or non-payment.

SELLER TO PACKAGE GOODS

Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided.

Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists.

SHIPMENT UNDER RESERVATION PROHIBITED

Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods.

TITLE AND RISK OF LOSS

The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of…