D.T._Villarreal_Street_Improvement-_Bid_Packet.pdf

REQUEST FOR BID

PROCUREMENT PACKET

CDBG - Colonia Fund - Construction - 2024, D.T. Villareal Street Improvements (Villareal Ave, San Carlos, Texas )

Bid No.: 6560-94-0311-5000-0000-00-UCP-LB01

Hidalgo County Urban County Program

Texas Department of Agriculture in partnership with

Hidalgo County Drainage District No. 1

INVITATION TO BIDDERS

The County of Hidalgo would like to invite you to submit a bid on the following:

Bid No.: Bid Description: Opening Date:

6560-94-0311-5000-0000-00-UCP-LB01 CDBG - Colonia Fund - Construction - 2024, D.T. Villareal Street Improvements

Wednesday July 29, 2026 3:00 pm

Specifications: A free digital copy of drawings and technical specifications may be obtained at Hidalgo County Urban

County Program. Submit via request to: linda.barron@co.hidalgo.tx.us or by phone at (956)292-7080.

Pre-Bid Conference: A Pre-Bid Conference will be held on Wednesday, July 15, 2026 at 2:00.pm. at the Urban County

Program office located at 1916 Tesoro Street, Pharr, TX 78577 or by virtual access by calling the Urban County Program before 10:00 A.M. on the day of the Conference at (956) 787-8127.

Requirements: Upon submitting sealed bid, bidders are required to properly identify (handwritten, typed, or printed) sealed envelope and/or packet as follows: Bidder's name and address on the upper left-hand corner of the sealed envelope and/or package and Bid No. 6560-94-0311-5000-0000-00-UCP-LB01 “CDBG - Colonia Fund - Construction – 2024, D.T. Villareal Street Improvements” on the lower left-hand corner of sealed envelope/and or packet. Overnight mail must also be properly labeled on the outside of express envelope or package.

Bidder understands that the County reserves the right to award this contract on the basis determined on the procurement overview, as listed on Appendix “B” in accordance with the law of the State of Texas to waive any/all formalities or irregularity, to reject any and all submission received, to make awards to more than one offeror based on the individual lowest responsible bid per unit, or to accept the bid considered the best and most advantageous to the County. By order of the Commissioners’ Court of the County of Hidalgo, Texas Project was approved on this the 1st day of February 2025.

The sealed bid must contain one (1) original and one (1) USB with complete bid required documents (including all bonds) and must be clearly identified and addressed for delivery to:

Ignacio Amezcua, MBA, CTCM, CTCD, Purchasing Director

Hidalgo County Purchasing Department

US Postal Mail/Courier Address: Physical Location:

2812 S. Business Hwy. 281 2802 S. Business Hwy. 281

Hidalgo County New Administration Building Hidalgo County New Administration Building

Edinburg, Texas 78539 (Southeast of Canton Rd & Business 281)

Edinburg, Texas 78539

Deadline: Sealed bids will be accepted until Wednesday, June 29, 2026 at 3:00 p.m. at which time they will be opened in the Hidalgo County Purchasing Department Conference Room at Physical Location: 2802 S. Business Hwy 281, Hidalgo

County New Administration Building in Edinburg, Texas 78539. No facsimiles or late arrivals will be accepted. Any bid received after that time will not be opened and will be returned.

Bid Security: Bid Security in the amount of 5% of the largest possible total of bids submitted must accompany each bid in accordance with the Instruction to Bidders. The surety must be a guaranteed or surety company acceptable to the Hidalgo

County and listed in U. S. Treasury Circular No. 570.

Davis-Bacon Prevailing Wage Rates: This project is funded by the U.S. Department of Housing & Urban Development

Community Development Block Grant Program and bidders must adhere to Texas State Prevailing Wage Requirements for

Hidalgo County and Davis-Bacon Federal Wage Rates, including Certified Payroll. Be advised applicable wage rates may change.

mailto:linda.barron@co.hidalgo.tx.us

SAM.gov Requirement: All vendors, contractors and professional service providers are required to obtain a Unique Entity

Identification (UEI) Number and have an ACTIVE status on the Sam.gov website. The UCP is a federally funded grant that needs to comply with 24 CFR 200 therefore, a Certificate Regarding Debarment must be submitted and certified by the

UCP prior to the County Commissioner’s Court Agenda for contract award and approval.

Section 3/WMBE: The County of Hidalgo will actively encourage participation of Section 3 businesses and Women and

Minority Business Enterprises (WMBEs) on this project. All Section 3 business contractors, potential Section 3 business contractors, and WMBE contractors are strongly encouraged to submit bids. Please contact Hidalgo County-Urban County

Program at 956-787-8127 for inquiries concerning Section 3 or specifics on how to become a Section 3 business. HUD

Regulations 24 CFR 75.7, Requirements applicable to HUD NOFAs for section 3 covered programs states the following:

(a) Certification of compliance with part 135. All notices of funding availability (NOFAs) issued by HUD that announce the availability of funding covered by section 3 shall include a provision in the NOFA that notifies applicants that section 3 and the regulations in part 75 are applicable to funding awards made under the NOFA. Additionally, the NOFA shall require as an application submission requirement (which may be specified in the NOFA or application kit) a certification by the applicant that the applicant will comply with the regulations in part 75. (For PHAs, this requirement will be met where a

PHA Resolution in Support of the Application is submitted.) With respect to application evaluation, HUD will accept an applicant’s certification unless there is evidence substantially challenging the certification. (b) Statement of purpose in

NOFAs. (1) For competitively awarded assistance in which the grants are for activities administered by an HA, and those activities are anticipated to generate significant training, employment or contracting opportunities, the NOFA must include a statement that one of the purposes of the assistance is to give to the greatest extent feasible, and consistent with existing

Federal, State and local laws and regulations, job training, employment, contracting and other economic opportunities to section 3 residents and section 3 business concerns.

IGNACIO AMEZCUA, MBA, CTCM, CTCD, DIRECTOR

HIDALGO COUNTY PURCHASING

DR. JOEL RIVERA, DIRECTOR

HIDALGO COUNTY URBAN COUNTY PROGRAM

General Request for Bid Package

Table of Contents I. Bidding Requirements

A. Request for Bid Advertisement

B. Request for Bid Checklist

C. Request for Bid Cover Letter

D. Request for Bid Legal Notice

a. Bid Bond

b. Appendix “A” Specification Cover page & Bid documents

c. Appendix “B” Bid Pages

d. Appendix “C” Insurance Requirements

e. Appendix “D” C.I.Q.,

f. Appendix ‘E” Vendor Enrollment Solution & HUB Declaration

g. Appendix ‘F” Certificate Regarding Debarment, Suspension and Ineligibility

h. Appendix “G” Title VI Appendices

i. Appendix “H” 2 C.F.R. 200.326 & PART 800 APPENDIX II

j. Appendix “I” FHWA 1273

k. Appendix “J” Proposer’s Affidavit –Non Collusion, Non Conflict & Anti-Lobbying

l. Appendix “K: Draft Agreement

m. Appendix “L” Deficiencies and Deviations Form

n. Appendix “M” Texas Department of Agriculture Required Contract Provisions

o. Appendix “N” Shipping Label

E. Start-Up Documents

a. HB 1295 Letter & Form sample

b. W-9 IRS Form

c. Section 3 Plan P & P and Appendix C & D (for application purposes)

d. Certificate of Bidder Regarding Equal Employment Opportunity

e. Certification RE: Labor Standards and Prevailing Wage Decisions

f. Certificate from Contractor Appointing Officer or Employee to Supervise Payment of

Employees

g. Project Sign Specs and Sample

II. Bonding Requirements

A. Payment Bond

B. Performance Bond

III. Index of General Conditions

A. General Conditions

B. Supplemental General Conditions

IV. Required Documents

A. Davis Bacon

a. Sams.Gov-Registering UEI # Checklist

b. Wage Decision: TX20220003

c. Title 29-Labor

d. LCP TRACKER Contractor information form

B. Section 3

a. Section 3 Regulations 24 CFR 75

C. Close-Out Documents

a. Certificate of Construction Completion

b. Contractor’s Release and Waiver of Lien

D. Addendum Form

E. Bidders Log Sheet

F. Bidders Tabulation Sheet

*** PLEASE NOTE ***

To assist the Hidalgo County Purchasing

Department during the bid opening, prior to submission, please INDEX or TAB the following documents:

1) BID PAGE

2) BID BOND

3) ADDENDUM(S), if applicable;

(please tab each addendum separately)

Post-It notes, colored tabs, binder dividers, etc. are all acceptable types of tabs.

LEGAL NOTICE

1 June 13, 2022

LEGAL NOTICE

These General Provisions are considered standard language for an Offeror (hereinafter referred to as “Offeror”, “Vendor”, “Respondent”, or “Contractor”) submitting a response for a Request for Bids, Proposals, Qualifications or other solicitation (hereinafter referred to as “Procurement Packet”) made by the County of Hidalgo (hereinafter referred to as “Hidalgo County” and “County” or any other governing body/agency for which the Hidalgo County

Purchasing Department has been authorized to perform procurement services.

It is the Offeror’s sole responsibility to be in compliance of all federal, state, and local laws, requirements, rules, codes, ordinances, and regulations applicable to their proposed goods and/or services. In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall procurement packet, Hidalgo County's interpretation shall govern.

The following is a link to all adopted Hidalgo County policies (https://www.hidalgocounty.us/805/County-

Administrative-Policies), which for all purposes, when applicable and whether specified explicitly or not, are incorporated by reference as part of this procurement packet and any resulting agreement.

1. ACCEPTANCE OF SUBMISSION. Receipt of the submission shall under no circumstance obligate Hidalgo

County to accept the response, or make an award. The Offeror is responsible for obtaining any information needed in order to respond and for all costs of submitting its response. An Offeror’s submitted response is to remain firm for a minimum of ninety (90) days after opening. Hidalgo County is not responsible for any missing, lost, or late submissions.

2. ACCESS TO RECORDS. In special circumstances, Vendor may be required to allow duly authorized representatives of Hidalgo County, or the state and federal government access to contracts, books, documents, and records necessary to verify the nature and extent of the cost of services provided by Vendor. Vendor must keep records within Hidalgo County or note in their submission that records will be available within the boundaries of Hidalgo County to those representatives within one (1) business day of request by the County.

3. ACCOUNT CREATION FOR PAYMENT. Upon award and prior to execution of a contract, Offeror shall cooperate with and submit any required information to the Hidalgo County Auditor’s Office in order to establish an account with the County for payment, including information requested on Hidalgo County Vendor Enrollment

Solution, Appendix “E” on this procurement packet. This information must be on file with the Hidalgo County

Purchasing Department and the Hidalgo County Auditor’s Office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service.

4. ADDENDA. When specifications interpretations, amendments, corrections or changes are revised, the Hidalgo

County Purchasing Department will issue an Addendum addressing the nature of the change. All released

Addenda will be e-mailed to all point of contact(s) who are known to have received or requested a copy of the procurement packet directly from the Hidalgo County Purchasing Department. Offeror must sign in blue ink and include it in the returned submission package.

5. ASSIGNMENT. The successful Offeror shall not assign, sell, transfer, convey, or otherwise transfer its rights under any awarded contract, in whole or in part, without the prior written consent of County of Hidalgo County

Commissioners Court (hereinafter referred to as “Commissioners Court”), or other applicable governing body.

6. AWARD. Hidalgo County reserves the right to award this contract on the basis determined on the Procurement

Overview, and when applicable, listed on Appendix “B”, in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one Offeror, and to reject any or all submissions received. After Hidalgo County Commissioners’ Court approves an award, and the awarded Contractor defaults in meeting the general requirements and/or specifications in complying with the contract agreement, Hidalgo

County reserves the right to seek the services of the next lowest bidder(s) and/or qualified Offeror(s). In such event, Hidalgo County shall charge the Awarded Vendor the difference for any additional cost of such item.

Hidalgo County reserves the right to add or delete items during the term of the contract under the same rates and conditions.

https://www.hidalgocounty.us/805/County-Administrative-Policies https://www.hidalgocounty.us/805/County-Administrative-Policies

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7. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS. The County will search a database maintained by the Texas State Comptroller which contains relevant vendor information. A contract may not be entered into with an entity that is identified therein. Search results shall be incorporated for all purposes as part of any resulting agreement entered into by the parties. The Offeror shall follow all federal, state, and local laws, requirements, rules, codes, ordinances, regulations and Hidalgo County Policy & Procedures applicable to their proposed goods and/or services, including, but not limited to those addressed within this procurement packet, the resulting agreement, the contract provisions listed in Appendix “N” of this procurement packet and the following:

7.1 Attestation Terrorist Organizations - TEX. GOVT. CODE CH. 2252. Pursuant to the Texas

Government Code, including but not limited to Chapter’s 2252, 806 and 807, the Offeror warrants, represents, certifies and attests that, by submitting a response to this procurement packet and/or at the time of execution of this Contract, Agreement, or supplemental agreement thereafter, neither the Offeror, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same (i) engages in business with

Iran, Sudan, or any foreign terrorist or (ii) is a company listed by the Texas Comptroller of Public Accounts.

7.2 Breach of Ethics. Contracts awarded hereunder shall be in compliance with Tex. Loc. Govt. Code

Chapter 171: Regulation of Conflicts of Interest of Officers of Municipalities, Counties and Certain Other

Local Governments.

It shall be a breach of ethics to offer, give, or agree to give any elected official, department head or employee, or former elected official, department head or employee, of the County, or for any elected official, department head or employee or former elected official, department head or employee of the County, to solicit, demand, accept or agree to accept from another person, entity or organization, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any program requirement or a contract or subcontract, or to any solicitation or response to a request therefore pending before any department or agency of the County.

It shall be a breach of ethics for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for the

County, or any person associated therewith, as an inducement for the award of a subcontract or order.

7.3 Bonds. If this procurement packet requires submission of bid bond or proposal guarantee, and performance and payment bonds, an explanation of these requirements will be detailed on the Projects

Requirements Acknowledgement listed in Appendix “C”. Responses submitted without the required bond or cashier's checks may be deemed unresponsive, thus disqualified from participation.

7.4 Boycott Energy Companies Verification – TEX. GOVT. CODE 2274. In accordance with changes to the law from the 87th Legislature in 2021, a for-profit company, not including a sole proprietorship, with ten or more full-time employees, is required to verify in writing that it does not boycott energy companies, and it will not boycott energy companies during the term of the Contract, if it is a contract for goods or services that has a value of at least $100,000 that is paid wholly or partly from public funds of the governmental body. Written verification may be provided by signing the Legal Notice Declarations page.

Please provide a written notification if your company is unable to provide the written verification referenced above.

As per Tex. Gov’t. Code §809.001(1), "Boycott energy company" means “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A)”.

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As per Ch. 2274(c), this verification requirement does not apply to the County if it determines that this requirement is inconsistent with the County's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds.

7.5 Boycott Israel Verification - TEX. GOVT. CODE 2270. In accordance with the Texas

Government Code, including but not limited to Chapters 2270 and 808, a company, other than a sole proprietorship, with ten or more full time employees is required to certify in writing that it does not boycott

Israel and will not boycott Israel during the term of the Contract, if the Contract has a value of $100,000 or more.

7.6 Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion. The

Offeror warrants and represents by execution of an award from their response to this procurement packet that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any Federal programs, or state assistance, as described under Executive Order 12549, “Debarment and Suspension.” The

Offeror agrees to include this certification in all contracts between itself and any subcontractors in connection with the services performed under any subsequent Contract or Agreement arising from this award. The

Offeror also acknowledges that it is their sole responsibility to immediately notify Hidalgo County, in writing, if they or a subcontractor is not in compliance with Executive Order 12549 during the term of this contract.

Further, Offeror agrees to refund Hidalgo County for any payments made to the contractor while ineligible.

Pursuant to federal regulation 45 CFR Part 76, the Offeror is required to furnish a certification or acknowledgement stating that they are free from suspension and debarment through registration on System for Award Management at www.sam.gov with their response.

7.7 Davis-Bacon Act/Hidalgo County Adopted Prevailing Wage Rate. When applicable, in accordance with Texas Government Code, Chapter 2258, as well as any other applicable laws, any Contractor or Subcontractor performing contracts in excess of $2,000, for the construction, alteration, or repair

(including painting and decorating) of public buildings or public works must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area as per the Davis Bacon Act or the rates adopted by Hidalgo County.

The Offeror warrants and represents that it will pay all its workers all monies earned by its employees including, but not limited to regular wages, any overtime compensation, or any additional payments pursuant to the Fair Labor Standards Act, 29 U.S.C. Section 207 9a(1), as amended; the Texas Pay Day Act; the Equal

Pay Act; Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, et al., as amended; and/or any provisions of the Texas Labor Code Ann., as amended, without cost or expenses to the County.

Awarded Vendors, its officers, agents, and/or employees will not be entitled to any benefits of an employee or elected official of Hidalgo County, including, but not limited to, benefits associated with Hidalgo County's civil service system.

7.7 Disclosure of Conflict of Interest.

7.7.1 As an Offeror. Pursuant to Texas Local Government Code, Chapter 176, an Offeror must disclose an interest between the Offeror, the Offeror’s employees and any Hidalgo County employees arising from relationships within the first degree of consanguinity or affinity. A financial interest arises if the County’s elected official, department head, or employee, or a member of their family, received any gifts valued in excess of $250 during the preceding twelve (12) month period, or employment of any County’s elected official, department head, or employee, or the County official’s family member.

The Offeror shall not use funds to directly or indirectly pay any person for influencing or attempting to influence any County employee or official in connection with the awarding of any contract or the extension, continuation, renewal, amendment or modification of any contract.

7.7.2 Certificate of Interested Parties (Form 1295). Hidalgo County cannot enter into a contract until Form 1295 is submitted, as Texas law, including, but not limited to Tex. Govt. Code http://www.sam.gov/

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Ch. 2252, Title 1 Tex. Ethics Comm. Rules – Title 1, sec. 46 and the Tex. Admin. Code, requires all parties who enter into any contract with the County which must be approved by its governing body, to disclose all interested parties. Form 1295 must be completed in its entirety through the

Texas Ethics Commission at the following website:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm prior to awarding the Contract.

Failure to do so may result in delay of award, or deem your response unresponsive, thus disqualified from participation.

7.7.3 Collusion. The Offeror affirms that by responding to any solicitation made by Hidalgo

County, it has not communicated directly or indirectly the response made to any competitor or any other person engaged in such line of business. Any or all responses may be rejected if the County believes that collusion exists among the Offerors, and/or the County believes prices provided by the

Offerors are inappropriately unbalanced. Respondent’s Affidavit (Appendix “J”) must be included in the response.

7.7.4 Consultants Excluded from Competition. An outside Consultant or Contractor is prohibited from submitting a response for goods or services requested on a Hidalgo County project of which the Consultant or Contractor was a designer or other previous contributor, assisted in developing or drafting specifications, requirements, statements of work, or requests for goods and/or services must be excluded from competing for such procurements. If such, a Consultant or

Contractor submits a response, that response shall be prohibited, and disqualified on the basis of conflict of interest, no matter when the conflict is discovered by Hidalgo County.

7.7.5 Disclosure of Interested Parties (Form CIQ). Offeror must fully disclose the existence of any relationships as defined above in its response to this procurement packet. The Conflict of

Interest Questionnaire (CIQ), attached hereto as Appendix “D”, must be filed with the Hidalgo

County Clerk, located inside the Hidalgo County Courthouse, at 100 N. Closner, Edinburg, TX

78539 no later than the seventh business day after the date the person becomes aware of facts that require the statement to be filed. Completion and submission of Form CIQ is the sole responsibility of the Offeror. Additionally, the Offeror must immediately notify Hidalgo County if the information provided in its response changes at any time.

7.7.6 Disclosure to Report Lobbying. When applicable, pursuant to 31 U.S.C.A. §1352 (2003), if at any time during the contract term funding to Contractor exceeds $100,000.00, Contractor shall file with the County the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying” as detailed in Appendix “H”.

7.8 Discrimination Against Firearm Entities or Trade Associations Verification - Tex. Gov’t. Code

Ch. 2274. In accordance with changes to the law from the 87th Legislature in 2021, a for-profit company, not including a sole proprietorship, with ten or more full-time employees, is required to verify in writing that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of the Contract, if it is a contract for goods or services that has a value of at least

$100,000 that is paid wholly or partly from public funds of the governmental body. Written verification may be provided by signing the Legal Notice Declaration page. Please provide a written notification if your company is unable to provide the written verification referenced above.

As per Tex. Gov’t. Code §2274.001(3), except as otherwise indicated, to "discriminate against a firearm entity or firearm trade association " means “with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association”.

As per Ch. 2274, this verification requirement does not apply to the County if it contracts with a sole-source https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

5 June 13, 2022 provider, does not receive any bids from a company that is able to provide the required written verification above, or the contract is exempt from compliance under Tex. Gov’t. Code sec. 2274.003 relating to the issuance, sale or delivery of notes.

7.9 Disqualification of Offeror. By submitting a response to this request, an Offeror offering to sell supplies, materials, services, or equipment to Hidalgo County certifies that the Offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws. If multiple submissions are made by an Offeror and after they are opened, the

Offeror requests to withdraw one of the submissions is requested to be withdrawn, the result will be that all of the responses submitted by that Offeror will be withdrawn; however, nothing herein prohibits an Offeror from submitting multiple responses for different products or services.

7.10 Ethical Business Practices. Hidalgo County operates its business ethically and in compliance with the law. We ask that any Offeror, their representative, and/or employee doing business with Hidalgo County, who believes they have witnessed any suspected ethical violation or fraud immediately report the allegations to the Hidalgo County Purchasing Director, 2802 S. BUS HWY 281, Edinburg, TX 78539, (956) 318-2626, eduardo.belmarez@co.hidalgo.tx.us.

Hidalgo County Purchasing Department will conduct a prompt and thorough investigation. At the conclusion of the investigation, Hidalgo County Purchasing Department will refer any suspected criminal activity to the

Hidalgo County District Attorney or other appropriate law enforcement agency. Any Offeror who reports suspected ethical violations or fraud can do so without fear of retaliation. Retaliating against any offeror for reporting suspected ethical violations or fraud is strictly prohibited.

7.11 Historically Underutilized Business/Disadvantaged Business Enterprises. The County is committed to ensuring that Historically Underutilized Businesses (HUB) and Disadvantaged Business

Enterprises (DBE) such as small business enterprises (SBE), minority and women-owned business enterprises (MWBE) receive a fair and equal opportunity for participation in the County’s procurement process. The County encourages the use of these enterprises both as prime and subcontractors as listed in

Appendix “E”.

When federal funds are expended by the County, the County will take affirmative steps set forth in 2 CFR

200.321 to assure that small, minority, women-owned businesses and labor surplus area owned firms are used when possible. Pursuant to 2 CFR 321, the County requires that a prime contractor who uses sub- contractors take affirmative steps set forth in 2 CFR 200.321, including:

a. Placing qualified small and minority business and women’s business enterprises on solicitation lists;

b. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and

e. Using the services and assistance, as appropriate, of such organizations as the Small Business

Administration and the Minority Business Development Agency of the Department of Commerce.

f. Nothing in this section is to be construed to require the County to award a contract other than as required by law and Hidalgo County policies and procedures.

When procurement is related to road construction projects with the Texas Department of Transportation

(TxDOT), all respondents must submit their HUB/DBE plans as part of their submission to be qualified to participate.

7.12 Independent Contractor. It is expressly agreed that this Contract and the performance by the parties hereunder does not create any agency relationship or master-servant relationship that the County has no supervision of the performance of the Services provided by Vendor, and that Vendor is an independent contractor under an award through this procurement packet.

mailto:eduardo.belmarez@co.hidalgo.tx.us

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7.13 Nondiscrimination. By submitting a response to this procurement packet, the Offeror certifies that it will conform to the provisions of the Federal Civil Rights Act of 1964, as amended and related state and federal law.

Offeror, during the performance of this contract, will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, age, disability or any other protected class under law (except as allowed in the case of bona fide occupational qualifications).

7.14 Texas Public Information Act. The Offeror understands and agrees that Hidalgo County is a governmental body for purposes of the Public Information Act, codified as Chapter 552 of the Texas

Government Code and as such is required to release information in accordance with the Public Information

Act (the “Act”). Hidalgo County must rely on advice, decisions and opinions of the Attorney General of the

State of Texas relative to the disclosure of data or information. Submissions will be kept confidential in accordance with the Act and applicable law, and submissions are subject to inclusion into the public record after award. To the extent permitted by law, Offeror may request in writing non-disclosure of any information that it considers to be confidential, proprietary, and/or trade secret in its submission. Such data shall accompany the submission, be readily separable from the response, and shall be CLEARLY MARKED

“CONFIDENTIAL, PROPRIETARY and/or TRADE SECRET”. Hidalgo County will make reasonable efforts to provide Offeror notice in accordance with the Act in the event the County receives a request for information under the Act for information that the Offeror has marked as indicated above. E-mail addresses provided by Offeror to the County as part of its response to this procurement packet are not confidential.

Additionally, Offeror provides its affirmative consent to the disclosure of its e-mail addresses, including from its employees, officers, and agents acting on its behalf, that are provided to Hidalgo County. This consent shall survive termination of this agreement and apply to any e-mail address provided in any form for any reason whether related to this procurement packet or otherwise.

7.15 Title VI Notice. The County of Hidalgo, in accordance with the provisions of Title VI of the Civil

Rights Act of 1964 (78 Stat.252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit Bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Further, Title VI has been broadened by related statutes, regulations and executive orders as found in Appendices “A” through “E” as attached hereto as Appendix “G”. Offeror agrees to comply with Title VI as may be required.

8. CONTRACT OBLIGATION. Hidalgo County Commissioners Court must award the contract and the County

Judge must sign the contract before it becomes binding on Hidalgo County or the Offeror. Elected officials, department heads, other County employees or representatives are NOT authorized to sign agreements for Hidalgo

County, unless prior authorization is approved by the Hidalgo County Commissioners Court, or respective governing body. Binding agreements shall remain in effect until all products and/or services covered by this procurement packet have been satisfactorily delivered and accepted.

9. CONTRACT RENEWALS. Any extension or renewal of the agreement entered into by the parties are made at the County’s sole discretion and under the same rates, terms and conditions as the initial agreement, or as amended.

10. CONTRACT TRANSITION (Grace Period). In the event services end by either contract expiration or termination, it shall be required that the successful respondent continue services if requested by the Hidalgo

County Purchasing Department, until new services can be completely operational. The successful respondent acknowledges its responsibility to cooperate fully with the replacement vendor and Hidalgo County to ensure a smooth and timely transition to the replacement vendor. Such transitional period shall not extend more than sixty

(60) days beyond the expiration/termination date of the contract, or any extension thereof. The successful respondent shall be reimbursed for services during the transitional period at the rate in effect when the transitional period clause is invoked by Hidalgo County. During any transition period, all other terms and conditions of the contract shall remain in full force and effect as originally written and subsequently amended.

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11. COST OF GOODS AND SERVICES. Discount payments will be considered when offered. If during the life of any contract, or response awarded, the successful respondent’s net prices generally available to other customers for items awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to Hidalgo County. Failure by the Vendor to notify the County of a decrease in costs for items and/or supplies for which the Vendor was granted a price adjustment, may result in immediate termination of this contract and the County shall not be obligated to pay the Vendor the difference between the contract price and the price adjustment.

12. COUNTY APPROVED HOLIDAYS. There are fourteen (14) County approved holidays. The Offeror is advised that official County business will not be conducted on those dates. The link of approved holidays can be found on: https://www.hidalgocounty.us/115/County-Holidays.

13. EVALUATION. Evaluation shall be used as a determinant as to which proposed items or services are the most efficient and/or most economical for the County, considering all factors which have a bearing on price and performance of the items in the user department’s environment. All submissions, except for Requests for Bids, may be subject to evaluations and negotiations by the Hidalgo County Purchasing Department, or authorized

Hidalgo County representative as approved by Hidalgo County Commissioners Court, with recommendation to the appropriate governing body. Compliance with all requirements, delivery and needs of the user department are considerations in evaluating the responses received. Pricing is NOT the only criteria for making a recommendation. A preliminary evaluation by Hidalgo County will be held and appropriate responses will be subjected to the negotiating process and a request for a Best and Final Offer. Upon completion of the negotiations, Hidalgo County will make an award. All responses that have been submitted shall be available and open for public record after the contract is awarded, except for trade secrets or confidential information contained in the responses and identified as such.

Hidalgo County reserves the right to refuse and reject any or all submissions and to waive any or all formalities or technicalities, or to the qualifications considered the best and most advantageous to Hidalgo County.

Additionally, Hidalgo County reserves the right to separate and accept or eliminate any item(s) listed under this procurement packet that it deems necessary to accommodate budgetary or operational requirements.

14. FISCAL FUNDING. Hidalgo County has the discretion to utilize grant funding or general funding, however, should grant funding be utilized “Grant Funding” rules will apply. The award of a contract hereunder will not be construed to create a debt of the County which is payable out of funds beyond the current fiscal year. Additionally, should funds not be appropriated by the applicable governing body to continue the lease or contract in their sole discretion, said lease or contract shall become null and void on the last day of the current appropriation of funds.

14.1 General Funding. A multi-year lease or lease/purchase arrangement, or any contract continuing as a result of an extension option, must include a fiscal funding out provision in the lease or contract. Funds for this procurement have been provided through the County budget for this fiscal year only. Hidalgo County, on an annual basis and at their discretion, has the right to reconsider a contract during the budget process for ensuing years if financial resources of Hidalgo County are insufficient to meet the liabilities of said contract.

After expiration of the lease, leased equipment shall be removed by the Vendor from the user department without penalty of any kind or form to Hidalgo County. All charges and physical activity related to delivery, installation, removal and re-delivery shall be the responsibility of the Vendor.

14.2 Grant Funding. Any contract entered into by the County that is to be paid from grant funds shall be limited to payment from the grant funding, and the Offeror understands that the County has not set aside any County funds for the payment of obligations under a grant contract. If grant funding should become unavailable at any time for the continuation of services paid for by the grant, and further funding cannot be obtained for the contract, then the contract shall be null and void.

Additionally, County contracts subject to assistance from the Texas Department of Agriculture (TDA), require inclusion of the contract terms found in Appendix “H” and Appendix “M”. It is the County’s intention to comply with TDA requirements; therefore, any conflict in terms should be resolved as such.

https://www.hidalgocounty.us/115/County-Holidays

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15. FORCE MAJEURE. If by reason of Force Majeure either Party shall be rendered unable, wholly or in part, to carry out its responsibility under this contract by any occurrence by reason of Force Majeure, then the Party unable to carry out its responsibility shall give the other Party notice and full particulars of such Force Majeure in writing within a reasonable time after the occurrence of the event, and such notice shall suspend the Party’s responsibility for the continuance of the Force Majeure claimed, but for no longer period. Force Majeure means acts of God, floods, hurricanes, tropical storms, tornadoes, earthquakes, or other natural disasters, acts of a public enemy, acts of terrorism, sovereign conduct, riots, civil commotion, strikes or lockouts, and other causes that are not occasioned by either Party’s conduct which by the exercise of due diligence the Party is unable to overcome and which substantially interferes with operations.

16. GOVERNING LAW. This procurement packet is governed by the competitive bidding requirements of the

County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and venue shall be performable in a federal or state court or competent jurisdiction in Hidalgo County, Texas. Hidalgo County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the Hidalgo County District Attorney concerning any portion of these requirements. The County does not agree to binding arbitration and does not waive its right to a jury trial.

17. HIPAA COMPLIANCE. When applicable, the Offeror agrees to comply with the requirements of the Health

Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (codified at 45 C.F.R. Parts 160 and

164), as amended ("HIPAA"); privacy and security regulations promulgated by the United States Department of

Health and Human Services ("DHHS"); Title XIII, Subtitle D of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, as amended ("HITECH Act"); provisions regarding Confidentiality of Alcohol and

Drug Abuse Patient Records (codified at 42 C.F.R. Part 2), as amended; and TEX. HEALTH & SAFETY CODE

ANN. §§81.046, as amended, 181.001 et seq., as amended, 241.151 et seq., as amended, and 611.001 et seq., as amended collectively referred to as "HIPAA", to the extent that the Offeror uses, discloses or has access to protected health information as defined by HIPAA. Offeror may be required to enter a Business Associate

Agreement pursuant to HIPAA.

18. INDEMNIFICATION. The successful Offeror, shall indemnify, defend, save, and hold Hidalgo County, all its elected officials, officers, agents and employees harmless from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property directly or indirectly from contractor's performance on account of any negligent act or fault of the successful Offeror, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from award or which arises from any event or casualty happening on or within County premises themselves or happening upon or in any halls, elevators, entrances, stairways or approaches of or to such County facilities. Successful Offeror shall pay any judgment with costs which may be obtained against the County growing out of such injury or damages, and shall, upon request, provide a defense to Hidalgo County by counsel reasonably acceptable to the

County. The Successful Offeror indemnity hereunder shall include, but is not limited to, claims relating to patent, copyright or trademark infringement and the like, arising out of the goods and services provided by successful Offeror.

19. INSPECTIONS & TESTING. Hidalgo County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the user department. If an Offeror cannot furnish a sample of a proposed item, where applicable, for review, or fails to satisfactorily show an ability to perform, the

County can reject the response as inadequate.

The successful respondent shall warrant that all items/services shall conform to the specifications and/or all warranties provided under the Uniform Commercial Code and be free from all defects in material, workmanship and the like. Items supplied under a contract pursuant to this procurement packet shall be subject to the County’s approval. Items found to be defective or not meeting specifications shall be replaced by the successful Offeror within two (2) business days at no expense to the County. Items that are not picked up within one (1) week after notification shall be deemed a donation to the County and may be used or disposed of at the County's discretion, without waiver of any other rights of the County as to the items’ nonconformity.

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20. INSURANCE. Contractor shall procure and maintain, with respect to the subject matter of this procurement packet, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this procurement packet. Certification of such coverage must be provided to the County as part of this response.

(See Appendix “C”: Insurance Requirements). Prior to award, Hidalgo County must be listed as a Certificate

Holder to the policies.

21. LEGAL DOCUMENTS. Offeror should submit any agreement for products and/or services which may be required by their organization to enter into a contract with Hidalgo County. The awarded vendor will be required to execute an agreement with Hidalgo County which finalizes the terms and conditions set forth in their response, best and final offer, and any negotiations between the Offeror and Hidalgo County. The agreement is subject to review and amendment by the Hidalgo County District Attorney’s Office.

22. MAINTENANCE. Maintenance required for equipment proposed should be available in Hidalgo County by a manufacturer-authorized maintenance facility. Costs for this service shall be shown on Appendix “B”. If Hidalgo

County opts to include maintenance, it shall be so stated in the purchase order and said cost will be included.

Service will commence only upon expiration of applicable warranties and should be priced accordingly.

23. MARKET VOLATILITY AND UNIT PRICE ADJUSTMENTS. When applicable, Hidalgo County recognizes that during periods of national crisis and unstable economic conditions, unforeseen price increase might affect costs for goods and services contracted on an annual basis. As such, upon written request of the

Vendor to the County Purchasing Agent, the County may review evidence of prevailing industry-wide market conditions that may warrant an adjustment in bid prices contained in the contract. When applicable, the following procedure and conditions may be employed to mediate price volatility:

A Vendor shall:

o make its Market Volatility and Unit Price Adjustment request in writing to the County Purchasing Agent.

o tie any price change clause to an industry-wide or otherwise nationally recognized index, or some other form of verifiable document. Such written request must be accompanied by a certified copy of the supplier’s advisory or notification to the Vendor of the price changes.

o put the Purchasing Agent on the mailing lists for such publications so that the Purchasing Agent can monitor said changes. Such membership shall be at no cost to the County.

o notify the County at the time when the Vendor’s costs for items, supplies, and or services reduce due to stabilization in the market at which time prices for items on this contract shall be reduced accordingly. Failure by the Vendor to notify the County of a decrease in costs for items and/or supplies for which the Vendor was granted a price adjustment, may result in immediate termination of this contract and the County shall not be obligated to pay the

Vendor the difference between the contract price and the price adjustment.

Price adjustment reviews may only be requested by the Vendor on a quarterly basis; however, the

County may at its own discretion, conduct temporary price adjustment reviews at any time.

The County Purchasing Agent retains the right to determine whether or not such proposed price changes are in the best interest of the County.

The County may only grant a price increase if the evidence presented is deemed reliable.

No price escalation will be authorized in excess of the amount of the increase referred to in the supplier’s…