RFP - INFORMATION TO RESPONDENTS.pdf

REQUEST FOR PROPOSALS

FOR THE

MCALLEN INTERNATIONAL AIRPORT

SECURITY SYSTEMS REHABILITATION

PROJECT NO. 08-26-C40-730

PAGES 1-2 NOTICE TO RESPONDENTS

PAGES 3-20 INFORMATION TO RESPONDENTS

PAGES 21-28 AIRPORT SECURITY & CBP BOND

REQUIREMENTS

PAGES 29-51 FAA AIP CONTRACT PROVISIONS

PAGES 52-55 NON-DISCLOSURE AGREEMENT (NDA)

This packet contains the administrative requirements and procurement instructions for the project. The project scope and Security Sensitive Information (SSI) documents will be made available only to respondents whose Non-Disclosure Agreement (NDA) has been reviewed and approved by the City.

NOTICE TO RESPONDENTS

Solicitation Type and Name: Request for Proposals for McAllen International Airport Security Systems

Rehabilitation.

Solicitation Number: 08-26-C40-730

Description: The City of McAllen is seeking proposals for the design, construction, delivery and operational readiness testing of a comprehensive upgrade of the video surveillance and access control systems at the McAllen International Airport.

Due to the sensitive nature of this project and the scope of work involved, a fully executed Non-Disclosure

Agreement (NDA) must be on file prior to accessing any Security Sensitive Information (SSI) documents and prior to attending the Pre-Submittal meeting. Deadline to submit NDA is Friday, September 18, 2026 at 5:00 p.m., Central Daylight Time (CDT).

Proposal Submittal Deadline: Proposals addressed to Mr. Isaac J. Tawil, City Manager, will be received until Wednesday, October 21, 2026 at 3:00 p.m., Central Daylight Time (CDT). All proposals are only to be submitted electronically through the City of McAllen’s bidding portal:

https://mcallen.procureware.com, on or before the aforementioned date and time. Original, hard copy, and/or late proposals shall not be accepted.

Mandatory Pre-Submittal Conference: The details, will be provided only after a fully executed Non-

Disclosure Agreement (NDA) has been received and accepted by the City. Only respondents with an executed NDA on file will be granted access to the meeting and any associated Security Sensitive

Information (SSI) documents.

Respondents whose attendance is not documented by the City at the mandatory pre-submittal meeting will be deemed non-responsive.

All prospective respondents are required to have a representative in attendance in order for a submission to be responsive. Failure to attend will result in rejection of the bid.

Title VI Solicitation Notice:

As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions of

The (Title of Recipient), 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), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age, or disability in consideration for an award.

To view this solicitation and submit a proposal, you must first register in the City’s bidding portal at https://mcallen.procureware.com. Solicitation documents will not be mailed, e-mailed, or provided in person. Once registered, you will also be added to the solicitation distribution list for changes and/or additions via Addenda form.

https://mcallen.procureware.com/

An electronic copy of your Bid Bond from a reliable surety company licensed to operate in the State of

Texas or Certified Cashier’s Check, (Proposal Security) payable without recourse to the City of McAllen, for the amount of not less than five percent (5%) of the total Proposal price shall be submitted as a guaranty that if awarded the contract, the Respondent will enter into a contract with the City of McAllen. Please note that electronic copies for a bid bond must include a bond number; Cashier’s checks must include a check number with a date on or prior to the bid opening date. The Original Bid Bond / Cashier’s Check shall be submitted by all respondents within one business day to the Purchasing and Contracting

Department located at 1300 Houston Ave, McAllen, Texas 78501. Failure to meet these requirements shall be ground for disqualification.

Original Bid Security shall be delivered within one business day clearly marked as follows: BID

SECURITY FOR PROJECT NO. 08-26-C40-730 MCALLEN INTERNATIONAL AIRPORT

SECURITY SYSTEMS REHABILITATION

Hand-deliver Bid Security or if using Land Courier (i.e., FedEx, UPS): 1300 Houston Avenue; Attn:

Purchasing & Contracting Department; McAllen, Texas 78501

Mail Bid Security: P.O. Box 220, McAllen, TX 78505-0220

Potential respondents are asked to post their questions on our bidding portal under the tab labeled

“Clarifications” under the relative project number.

The City of McAllen reserves the right to refuse and reject any or all proposals and to waive any or all formalities or technicalities, or to accept the proposal considered the best value to the City, and to hold the proposals for a period of ninety (90) calendar days without taking action.

Applicable Product Categories: 93673-Security and Access Systems Maintenance and Repair; 90678-

Security Systems; Intruder and Smoke Detection, Architectural Services; 92584-Security Systems;

Intruder and Smoke Detection Engineering; 68087-Surveillance Cameras and Counter-Surveillance

Equipment and Supplies; 83834-Communication Security Systems; 83883-Telecommunication, Internet

Protocol, Network Monitoring, Surveillance, Intrusion Detection Systems and Networking Products;

84084-Video and Audio Systems, Accessories and Parts, Closed Circuit TV, Including Surveillance Type;

99050-Installation of Security and Alarm Equipment

CITY OF MCALLEN – PURCHASING & CONTRACTING DEPARTMENT

INFORMATION TO RESPONDENTS

1. DEVIATION FROM SPECIFICATION

Please read your requirements thoroughly and be sure that the SERVICE(S) offered comply with all requirements/specifications noted. Any deviation from the solicitation requirements must be clearly indicated by submitting a list of any exceptions to the requirements, specifically identifying on a point-by-point basis, and made a part of your electronic submittal. If no exceptions are noted, and you are the successful Respondent, it will be required that the SERVICE(S) be provided as specified.

2. PURPOSE

The purpose of these specifications and solicitation documents is to award a Service Contract for the:

McALLEN INTERNATIONAL AIRPORT – SECURITY SYSTEMS

REHABILITATION

3. INTENT

The SERVICE(S) to be furnished under this solicitation shall be in accordance with the requirements as noted herein. There is no intention to disqualify any respondent who can meet these specifications.

4. SYNONYM

Where in this solicitation package the term SERVICE(S) is used, its meaning shall refer to the Security

Systems Rehabilitation as specified. For the purpose of clarity, the term Contractor, Respondent, Proposer, and Vendor shall be synonymous. The term “City” shall mean the City of McAllen.

5. PAYMENT AND PERFORMANCE BONDS

The successful contractor shall furnish a Payment Bond and Performance Bond in the amount of 100% of the contract sum, within ten (10) working days from letter of award of contract and upon the forms which are attached hereto. The Payment and Performance Bonds shall be from an approved surety company authorized to do business in the State of Texas (and acceptable according to the latest list of companies holding certificates of authority from the United States Department of the Treasury) and acceptable to

Owner.

5.1 A Payment Bond is required if the Contract Sum is $50,000 or over. The payment bond is to be for the Contract Sum and is payable to Owner solely for the protection and use of payment bond beneficiaries.

If the total contract sum is between $50,000 and less than $100,00 the successful contractor has the option to enter into a single payment contract with the City of McAllen in lieu of a Payment Bond, provided that no money shall be paid to the contractor until completion of the work by the contractor and acceptance of same by the City of McAllen.

5.2 A Performance Bond is required if the Contract Sum is $50,000 or over. The performance bond is to be for the Contract Sum and is solely for the protection of Owner to guarantee the faithful performance of the Work in accordance with the Contract Documents. The performance bond shall be effective through

Contractor’s warranty period.

On all contracts that will equal to or exceed $50,000.00, the performance bond and the payment bond must be provided from a surety that has a rating of “A” from AM BEST, MOODY’S or STANDARD &

POORS.

INFORMATION TO RESPONDENTS continued:

6. SUBMITTAL OF PROPOSALS

Proposals shall be submitted electronically through the City of McAllen’s bidding portal:

https://mcallen.procureware.com. Each proposal must be completely filled out and include all required supporting documentation. Proposals submitted by facsimile (fax), original/hard-copies, or late submittals will NOT be accepted. Submittal of a proposal in response to this solicitation constitutes an offer by the

Respondent, and if accepted by the City of McAllen, a contract. Proposals which do not comply with these specifications may be rejected at the option of the City. Proposals must be electronically received by the City of McAllen on or before the submittal deadline.

7. ELECTRONIC PROPOSAL SUBMITTAL INSTRUCTIONS: Respondents must go online to the City’s Bidding Portal (https://mcallen.procureware.com) to submit their proposal. Respondents are asked to read the Welcome Screen (PDF document) and register if they have not done so previously. Once on the bidding portal, follow the steps below to enter the electronic bid:

I. Click on, “Bids” located on left-hand column.

II. Find the applicable project and click the, “Project Number”

III. Click on, “Response” tab.

IV. In the, “Bid Form” tab, upload required scanned documents into the bid portal by clicking

“Browse” for each item.

V. Click on, “Pricing Form” tab and enter a Unit Price for each pricing item. A “Comment” field is available if needed.

VI. Once both the Questions and Pricing information has been entered, the yellow “Question

Response and Pricing Response” information messages will change from incomplete to complete. Then the “Submit” button will become available.

VII. Click “Submit Bid” button and review the terms and agreements, Popup Window that appears.

If you agree to the terms and conditions, click the “I Accept and Submit this Bid” button.

VIII. If you want to remove your bid, click the red, “Withdraw Bid” button in the “Response” tab.

The City may consider non-responsive any proposal not prepared and submitted in accordance with the provisions herein and may waive any formalities and/or technicalities, or reject any and all proposals.

8. BID SECURITY (BID BONDS/CASHIER’S CHECK)

The bidder is specifically advised that the bid must be accompanied by an electronic bid security/ cashier’s check, uploaded PDF format into http://mcallen.procureware.com from a reliable surety company licensed to operate in the State of Texas totaling five percent (5%) of the greatest amount bid, as a guaranty that if awarded the bid, the successful contractor will enter into a contract with the City of McAllen. Original bid bonds must be submitted with one business day from the date of the bid opening. The bid securities will be returned promptly after the successful contractor has entered into a contract with the City of

McAllen. If no award has been made within sixty (60) days after opening of bids, bid securities will be returned accordingly.

Original Bid security by all respondents must be submitted one business day after the bid opening or shall be grounds for disqualification.

Hand-deliver Bid Security or if using Land Courier (i.e., FedEx, UPS):

1300 Houston Avenue, Purchasing & Contracting Department (3rd Floor), McAllen, Texas 78501

Mail Bid Security: P.O. Box 220, McAllen, TX 78505-0220 http://mcallen.procureware.com/

9. FOREFEITURE OF BID SECURITY

The successful respondent shall enter into an agreement with the City of McAllen within thirty (30) calendar days after award notification. In the event that the successful respondent fails to enter into an agreement within the time allowed, the successful respondent shall forfeit the bid security and the bid security shall become the property of the City of McAllen, TX.

10. PROPOSAL FORMS

Respondents are advised that all Respondents shall submit their responses utilizing only the forms that make up this solicitation package. Proposals submitted utilizing other forms and/or formats will not be considered. If additional documents are required to be submitted as part of this solicitation, only submit

PDF format documents. Do not submit compressed (zip) files. Respondents must submit an electronic version of their response through our bidding portal at https://mcallen.procureware.com.

11. PREPARATION OF PROPOSALS

Proposals MUST give full firm name and address of respondent and be manually or electronically signed.

Failure to do so will disqualify the Respondent’s submittal. Person signing proposal must show title or

AUTHORITY TO BIND HIS/HER FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the proposal. A corporation shall execute the proposal by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership Respondent shall give full names and addresses of all partners. All partners shall execute the proposal. Partnership and Individual Respondent shall state in the names and addresses of all persons with a vested interest therein. The place of residence of each

Respondent, or the office address in the case of a firm or company with county and state and telephone number, shall be given after the signature.

12. ALTERATIONS/AMENDMENTS

Proposals CANNOT be altered or amended after submittal deadline. No proposal may be withdrawn after proposal submittal deadline without acceptable reason in writing and only after approval by the City of

McAllen.

13. SUBSTITUTIONS

No substitutions or cancellations shall be permitted without written approval by City of McAllen.

14. SALES TAX

The City of McAllen is exempt from all Federal Excise Tax and the State of Texas Limited Sales Excise and Use Tax. STATE SALES TAX MUST NOT BE INCLUDED IN PROPOSAL.

15. NO PROPOSAL RESPONSE

If unable to submit a proposal, no further action is required by respondent. However, all respondents are encouraged to examine their selected categories and revise if necessary.

16. PROPOSAL WITHDRAWAL

Respondents may withdraw submitted proposals only before the proposal submittal deadline.

17. COSTS FOR PREPARATION OF PROPOSAL

The City of McAllen shall not be held liable for any costs incurred by any respondent for work performed in the preparation of and production of a proposal or for any work performed prior to execution of contract.

18. DELAY IN DELIVERY

When delay in performance of SERVICE(S) can be foreseen, Vendor shall give prior notice to City of

McAllen. Vendor must keep City of McAllen advised at all times of status of SERVICE(S). Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City of

McAllen to obtain such SERVICE(S) elsewhere and charge increase in cost and handling to defaulting vendor. Acceptable reasons for delayed delivery are as follows: Acts of God (floods, tornadoes, hurricanes, etc.), acts of government, fire, strikes, war; actions beyond the control of the successful respondent.

19. FAILURE TO DELIVER

Respondents are advised that failure to deliver SERVICE(S) shall be grounds for termination of contract.

In the case of termination, written notice shall be given to the successful vendor and entire contract shall be severed.

20. NON-ACCEPTANCE

Contractors are advised that any part of the specification as awarded that is not met at time-of-service delivery, regardless of how major or minor it might be, shall be grounds for non-acceptance of service delivery.

21. CONTRACTOR RESPONSIBILITY

It shall be the responsibility of the successful Contractor to meet all applicable Federal, State, and local laws and safety requirements during the performance of the Contract while engaged in the performance of SERVICE(S).

22. SPECIAL CIRCUMSTANCES

In the event that the City of McAllen has an immediate need for a particular SERVICE(S) that is/are on contract and the successful respondent on contract is not able to meet the special delivery timeframe as needed by the City of McAllen, the City of McAllen reserves the right to purchase such SERVICE(S) elsewhere to fulfill its immediate need.

23. METHOD OF AWARD

The City of McAllen will award a Service Contract to “Responsive Responsible Respondent(s)” meeting the requirements of the specifications and whose proposal is determined to be the most advantageous to the City of McAllen and as described in Local Government Code 252.043. All items will be evaluated and awarded individually or in any combination thereof. The City of McAllen’s decision shall be final.

The City does not guarantee that a contract(s) will be awarded as a result of this request for proposal. In the event that the award is made, but a contract is not executed, the City does not guarantee that a contract will be re-awarded.

24. EVALUATION PROCESS

The evaluation process will be conducted as stated in Section III of the Specification/Solicitation

Requirements.

25. EVALUATION CRITERIA

All proposals will be evaluated based on the evaluation criteria stated in Section VI of the

Specification/Solicitation Requirements and weighted as follows:

1. Technical Approach & Methodology 25%

2. Relevant Experience & References 20%

3. System Integration Capabilities 15%

4. Cost & Value 20%

5. Staffing Qualifications & Training 10%

6. Warranty, Support, and Maintenance 10%

Total Maximum Points: 100%

26. PRICING & COST BREAKDOWN

Respondents must submit a fee pricing and cost breakdown in response to the evaluation criteria requirements of the solicitation.

27. BEST AND FINAL OFFERS

The evaluation committee may enter into negotiations with the highest ranked firm(s) prior to contract award and request a Best and Final Offer (BAFO).

28. CONTRACT TERMINATION CLAUSE

The parties agree that the City of McAllen reserves the right to terminate this contract in whole or in part, at any time, if in the opinion of the City of McAllen, the successful contractor’s performance is not acceptable, if the City is being repeatedly overcharged, improperly charged, or in the event that no funds are appropriated for this specific purpose, or if the City wishes, without cause, to discontinue/cancel this contract. If the City determines at the City’s sole discretion, that termination is in the City’s best interests, the City shall give written notice to the vendor/bidder/contractor of its intention to terminate, and the contract shall terminate after the expiration of thirty (30) days from the date of the written notice. After the expiration of the thirty (30) days and the termination of this contract, the City shall be relieved of any and all obligations and/or responsibilities arising from this contract including but not limited to the payment of any damages and/or penalties. Contractor shall be paid for products and/or services rendered and accepted in accordance with the contract for work performed up to the time of termination.

Performance by the City of McAllen under the Contract may be dependent upon the appropriation, allotment or allocation of funds by the federal government, the State of Texas, the Board of

Commissioners for the City of McAllen or the Board of Trustees for the McAllen Public Utility

(collectively the “City”). If the federal government, State of Texas, or the City fails to appropriate, allot or allocate the necessary funds, then City will issue written notice and the City may terminate this

Contract without further duty, obligation, or liability, other than payment for goods and services already delivered or provided to City. Contractor acknowledges that appropriation, allotment, and allocation of funds are beyond the control of City.

If the Contractor is adjudged as bankrupt, or if Contractor makes a general assignment for the benefit of its creditors, or if a receiver is appointed as a result of Contractor’s insolvency, or if Contractor is guilty of a substantial violation of the Contract, then the Owner may without prejudice to any other right or remedy terminate the Contract with the Contractor, after giving the Contractor and his Surety seven (7)

28. CONTRACT TERMINATION CLAUSE, continued:

working days’ written notice, and take possession of the premises and of all materials, tools, equipment and other facilities installed on the work and paid for by the Owner, and finish the work by whatever method Owner may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If the expense of finishing the work shall exceed such unpaid balance to the Contractor, the Contractor shall pay the difference to the Owner.

29. TIME ALLOWED FOR ACTION TAKEN

The City may hold the proposals received for up to ninety (90) calendar days after proposal submittal deadline without taking action. Respondents shall be required to hold their proposals firm for the same period of time.

30. RIGHT TO WAIVE

The City of McAllen reserves the right to waive or take exception to any part of these specifications when in the best interest of the City of McAllen.

31. RIGHT TO REJECT/AWARD

The City of McAllen reserves the right to refuse and reject any or all Proposals, to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best and most advantageous to the City of McAllen.

32. PAST PERFORMANCE

Respondents are advised that past performance, as it relates to product and/or service on

Purchase/Service/Supply/Construction Contracts previously held with the City of McAllen/McAllen

Public Utility, shall be a factor in the evaluation and award of this Contract. Respondents that have not complied with their obligation(s) to the City of McAllen/McAllen Public Utility on previous projects will not be considered for award of this project. The City’s position on this matter shall be final.

33. VERBAL THREATS

Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item/material/services for whatever reason and/or reasons shall be considered a breach of contract and the

City will immediately sever the contract with the Vendor on contract.

34. ASSIGNMENT

Neither the Vendor’s contract nor payment due to an awarded vendor may be assigned to a third party without the written approval of the Purchasing and Contracting Department for the City of McAllen.

35. INTERPRETATIONS

Any questions concerning the conditions and/or specifications with regards to this solicitation shall be directed to the designated individuals as outlined in the solicitation. Such interpretations, which may affect the eventual outcome of this Request for Proposals, shall be furnished in writing to all prospective respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the City of McAllen in accordance with paragraph entitled “Addenda”.

36. ADDENDA

Respondent shall carefully examine the solicitation documents, proposal forms, requirements/specifications, and fully inform themselves as to all conditions and matters which can in any way affect the work or cost thereof. Should the respondent find discrepancies in, or omissions from proposal forms, solicitation documents, or other documents, or should respondent be in doubt as to their meaning, respondent should request clarification by posting their questions on the City’s bidding portal under the tab labeled “Clarifications” under the applicable project number prior to submitting any proposal. Explanations, interpretations, and supplemental instructions shall be in the form of written

Addenda which shall become a part of the solicitation and contract documents. Said Addenda shall be posted in the bidding portal. All Addenda issued in respect to this project shall be considered official changes to the original solicitation documents. Verbal statements in response to inquiries and/or requests for explanations shall not be authoritative nor binding. It shall be the Respondent’s responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, Respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their Proposal Submittal. Respondent’s signature on Addenda shall be interpreted as the respondent’s

“recognition and compliance to” official changes as outlined by the City of McAllen and as such are made part of the original solicitation documents. Failure of any Respondent to receive any such addendum or interpretation shall not relieve such Contractor/Vendor from its terms and requirements. Addenda are available online at https://mcallen.procureware.com.

37. OMISSIONS

At the time of the proposal submittal deadline, each Respondent will be presumed to have read and to be thoroughly familiar with the requirements of the solicitation. The failure or omission of any Respondent to examine any form, instrument, or contract document shall in no way relieve any Respondent from any obligation in respect to their Proposal submitted.

38. MATHEMATICAL ERRORS

In the event that mathematical errors exist in any proposal, unit prices/rates -v- totals, unit prices/rates will govern.

39. PUBLIC INFORMATION

All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas

Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed. Any information deemed to be confidential by the respondent, including trade secrets, should be clearly noted on the pages where confidential information is contained.

40. CONFIDENTIALITY OF INFORMATION

Should the successful respondent become the holder of and have access to confidential information as part of the performance of the awarded contract, respondent shall keep such information confidential and shall comply with federal and state law, City ordinances, and regulations relating to confidentiality.

41. STATUTORY REQUIREMENTS

It shall be the responsibility of the successful respondent to comply with all applicable State & Federal laws, Executive Orders and Municipal Ordinances, and the Rules and Regulations of all authorities having jurisdiction over the work to be performed hereunder and such shall apply to the contract throughout, and

41. STATUTORY REQUIREMENTS, continued:

that they will be deemed to be included in the contract as though written out in full in the contract documents. (To include issues related to health, environmental, and safety to name a few.)

42. ANTI-LOBBYING PROVISION

During the period between proposal submission date and the contract award, respondents, including their agents and representatives, shall not directly discuss or promote, verbal or written, their proposal with any member of the City Commission, Board members, directly or indirectly through others, seek to influence any City Council member, City staff, or City’s Contractor(s) regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any respondent violates the foregoing prohibition by contacting any of the above listed parties with whom contact is not authorized, such contact may result in the respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this solicitation. Violation of this provision may result in the rejection of the respondent’s proposal, except in the course of City-sponsored inquiries, briefings, interviews, or presentations.

43. ANTI-COLLUSION STATEMENT

The respondent shall submit a Non-Collusion affidavit affirming that the respondent has not in any way directly or indirectly, colluded, conspired, or agreed with any other person, firm, corporation, respondent or potential respondent to the amount of this proposal or the terms or conditions of this proposal, paid or agreed to pay any other person, firm, corporation respondent or potential respondent any money or anything of value in return for assistance in procuring or attempting to procure a contract or in return for establishing the prices in the submitted proposal or the proposal of any other respondent.

44. CONFLICT OF INTEREST

CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the

City of McAllen not later than the seventh (7th) business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code.

A person commits an offense if the person violates an offense under this section is a Class C misdemeanor.

For more information or to obtain Questionnaire CIQ go to the Texas Ethics Commission web page at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN

LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH

PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT.

AN OFFENSE UNDER CHAPTER 176 IS A CLASS “C” MISDEMEANOR.

45. HOUSE BILL (HB) 1295 (CERTIFICATE OF INTERESTED PARTIES – FORM 1295)

Please be advised that in 2015, the Texas Legislature adopted House Bill 1295 (H.B. 1295). For contracts entered into on or after January 1, 2016, Texas Government Code Chapter §2252.908 (H.B. 1295) provides that a Texas governmental entity or state agency may not enter into a contract that either (1) requires an https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

45. HOUSE BILL (HB) 1295 (CERTIFICATE OF INTERESTED PARTIES – FORM 1295),

continued:

action or vote by the governing body of the entity or agency or (2) has a value of at least $1 million, unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.

The Texas Ethics Commission (Commission) has adopted a certificate of interested parties form (Form

1295) and adopted rules requiring the business entity to file Form 1295 electronically with the

Commission. Information from the Commission regarding the requirements, including rules and filing information, are available on the Commission’s website at the following links:

https://www.ethics.state.tx.us/filinginfo/1295 https://www.ethics.state.tx.us/data/filinginfo/1295Changes.pdf https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php

As a business entity under this law, it is your firm’s responsibility to comply with all disclosure laws including Chapter 2252. The City of McAllen, as the governmental entity, must ensure compliance of the same.

Note: You will be required to register and create an account. Once registered, you will receive an email containing a password setup link. Click on the link to set your password. After you have established an account, you will use your email address, password, and user type (Business Entity) to log in to the filing application to enter the required information on Form 1295. Print a copy of the completed form which includes a unique certification of filing number assigned by the application.

An authorized agent of the business entity must sign the form affirming under the penalty of perjury that the completed form is true and correct. The completed, printed, and signed Form 1295 bearing the unique certification of filing number must be submitted at the time the signed contract is submitted to the City of

McAllen. Failure to comply may result in contract revocation and award to the next compliant contractor/vendor.

46. RIGHT TO AUDIT

The City of McAllen reserves the right to audit the vendor’s books and records relating to the performance of this contract. The City of McAllen, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours’ advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by the vendor(s) with respect to this contract. If such audit shall disclose overpayment by City to vendor, written notice of such overpayment shall be provided to the vendor and the amount of overpayment shall be promptly reimbursed by vendor to the City. In the event any such overpayment is not paid within ten (10) business days after receipt of such notice; the unpaid amount of such overpayment shall bear interest at the rate of one percent (1%) per month from the date of such notice until paid.

47. INDEMNIFICATION CLAUSE

The Respondent hereby agrees to protect, defend, indemnify and hold the City and its employees, agents, officers and servants free and harmless from all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, legal fees, and all other expenses incurred by the City arising in favor of any party, including claims, liens, debts, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character https://www.ethics.state.tx.us/filinginfo/1295 https://www.ethics.state.tx.us/data/filinginfo/1295Changes.pdf https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php

47. INDEMNIFICATION CLAUSE, continued:

occurring or in any ways incident to, in connection with or arising directly or indirectly out of this contract.

Respondent agrees to investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit arising from the act(s) of omission(s) of the respondent at the sole expense of the respondent. In addition, the Respondent shall protect, defend, indemnify and hold the City and its employees, agents, officers and servants free and harmless from all losses, claims, liens, demands and causes of action relating to, for, or on account of the use of patented appliances, products or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the Director of Purchasing and Contracting, as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used. Respondent also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false or fraudulent. This provision is not intended to create any cause of action in favor of any third party against respondent or the City or to enlarge in any way the respondent's liability but is intended solely to provide for indemnification of the City from liability from damages or injuries to third persons or property arising from respondent's performance hereunder.

48. JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and performable and payable in Hidalgo County, Texas.

49. VENUE

The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and/or any other dispute(s) shall be in Hidalgo County, Texas.

50. LITIGATION

Be advised that any respondent that is involved in any litigation with the City of McAllen/McAllen Public

Utility will not be considered for award of this Contract.

51. DISCLAIMER

While all precautions have been taken to ensure that documents on the bidding portal will not interfere with or cause damage to your system or its existing data, the City of McAllen accepts no responsibility for damages that may be caused by these documents and makes no other warranty or representation, neither expressed nor implied, with respect to these documents. These documents are provided “as is” and you, the user, assume the entire risk when you use them.

52. LIMITATION OF LIABILITY

Vendors that use the services available through the bidding portal agree that the City of McAllen/McAllen

Public Utility shall not be liable for any loss of profits, loss of time, interruption of business, or indirect, special, incidental, or consequential damages of any kind whether under this agreement or otherwise due to vendor’s use of this system.

53. WAIVER

Due to the electronic transmissions, the City of McAllen/McAllen Public Utility does not guarantee nor will it be liable for the accuracy of what is read or what is downloaded.

54. NON-DISCRIMINATION/DRUG FREE

The successful Respondent will comply with all federal and state requirements concerning fair employment and will not discriminate by reason of race, color, age, religion, sex, national origin or physical handicap. The successful Respondent shall provide evidence in form and substance, to the City of McAllen/McAllen Public Utility of maintaining a drug free working environment.

55. CHAPTER 2252, TEXAS GOVERNMENT CODE

In accordance with Chapter 2252 of the Texas Government Code, the Contractor hereby certifies that (a)

Contractor does not engage in business with Iran, Sudan or any foreign terrorist organization and (b)

Contractor is not listed by the Texas Comptroller as a terrorist organization.

56. CHAPTER 2271, TEXAS GOVERNMENT CODE

If Respondent is required to make a certification pursuant to Section 2271.002 of the Texas Government

Code, Respondent certifies that Respondent does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If Respondent does not make that certification, Respondent must indicate that in its Response and state why the certification is not required.

57. CHAPTER 2274, TEXAS GOVERNMENT CODE

Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Contractor shall promptly notify Owner.

58. CHAPTER 2276, TEXAS GOVERNMENT CODE

If this Contract has a value of $100,000 or more to be paid wholly or partly from public funds of city, and if Contractor is a company, other than a sole proprietorship, with ten (10) or more fulltime employees, then pursuant to Texas Government Code §2276.002, Contractor affirmatively states it does not boycott energy companies and will not boycott energy companies during the term of this Contract. In this paragraph, the terms “company” and “boycott energy companies” shall have the meanings described in

Texas Government Code §809.001.

59. RESPONDENT’S EMPLOYEES

Neither the Respondent nor his/her employees engaged in fulfilling the terms and conditions of this contract shall be considered employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the vendor on contract. The City shall have the right of inspection of said undertakings at any time.

60. RIGHT TO INSPECT/REQUEST INFORMATION

The City reserves the right to inspect Respondent's facilities and equipment. The City also reserves the right to request factual information as to the existence and financial stability of the respondent’s company and a list of present cities being serviced by respondent.

61. COOPERATIVE PRICING

Respondents may submit pricing under a cooperative contract, such as BuyBoard, DIR, GoodBuy, H-

GAC, NCPA, OMNIA Partners, Sourcewell, TXMAS, TIPS, and/or any other State of Texas recognized

61. COOPERATIVE PRICING, continued:

and approved cooperative which has complied with the bidding requirements for the State of Texas, Local

Government Code Chapter 791 (Inter-local Cooperation Contracts). If pricing is based on a cooperative contract, Respondent must indicate the Cooperative Name, Contract Number and Contract Expiration

Date in the “Questions” tab on the Bidding Portal. The Cooperative Contract and Expiration date will be a factor in consideration for award. Any and all applicable fees must be included and ONLY cooperative pricing with firm unit prices shall be considered. If awarded, contractor’s cooperative pricing shall remain firm throughout the fulfillment and acceptance of order. Respondents submitting pricing under a

Cooperative contract shall not be required to submit a Bid Security.

62. INSURANCE

The successful respondent shall provide a Certificate of Insurance that meets the following requirements:

The term “City” shall include the City of McAllen and/or McAllen Public Utility (MPU) and their employees, officers, officials, agent, and volunteers in respect to the contracted services.

Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement.

All Certificates of Insurance must be received prior to commencement of service/work and shall be reviewed by the Purchasing & Contracting department. Any exceptions or variations to these insurance requirements shall be approved by the Director of Risk Management or his/her designated representative prior to the commencement of any work. These insurance requirements shall be complied with by any and all sub-contractors, and/or lower-tier sub-contractors.

All insurance carriers shall be rated A6 or better and be published on a current A.M. Best Rating Guide, or some other recognized equivalent rating service (e.g., Moody’s, Standard & Poor’s).

The City of McAllen may request a copy of the insurance policy according to the nature of the project and reserves the right to accept or reject the insurance carrier. All Certificates of Insurance shall be provided on an Acord 25 Form.

The Certificate of Insurance shall be made to the City of McAllen, P.O. Box 220, McAllen, TX 78505-

0220, (1300 Houston, McAllen, Texas 78501). This information shall be listed under “Certificate Holder.

In the event the insurance coverage expires prior to the completion of the contract, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The City must be notified at least thirty (30) days prior to any material change in and/or cancellation and/or non-renewals of such policies.

The City reserves the right to make reasonable requests or revisions pertaining to the types and limits of that coverage.

During the term of the Contract, the successful contractor/respondent/selected firm shall acquire and maintain, for the duration of the contract period the following insurances:

A. Comprehensive Commercial General Liability: The Contractor/Respondent/Selected Firm shall provide minimum limits of $250,000 Each Occurrence, $500,000 General Aggregate combined

62. INSURANCE continued:

single limit for bodily injury and property damage liability. This shall include premises/operations, independent contractors, products, completed operations, personal and advertising injury, and contractual liability.

This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs maintained by the City and shall name the “City of McAllen” as an additional insured with a waiver of subrogation. The policy of insurance shall be written on an “occurrence” form.

Blanket “XCU” – Explosion, Collapse & Underground

Independent Contractors

Care, Custody and Control

Contractual Liability

No endorsements excluding these coverages are allowed.

Additional Insured Requirement:

To the fullest extent of coverage allowed under Chapter 151 of the Texas Insurance Code, the City of McAllen and/or McAllen Public Utility shall be included as additional insured under the CGL policy, using ISO Additional Insured Endorsements CG20101001 and CG20371001, or endorsements providing equivalent coverage, including products completed operations.

B. Business Automobile Liability: The Contractor/Respondent/Selected Firm shall maintain limits of no less than $500,000 combined single limit (each accident). This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs maintained by the City and shall name the “City of McAllen” as an additional insured with a waiver of subrogation. The policy of insurance shall be written on an “occurrence” form.

Applicable as long as no fragile or perishable products are transported; otherwise, Cargo Insurance is required.

Additional Insured Requirement:

To the fullest extent of coverage allowed under Chapter 151 of the Texas Insurance Code, the City of McAllen and/or McAllen Public Utilities (MPU) shall be included as additional insured under the CGL policy, using ISO Additional Insured Endorsements CG20101001 and CG20371001, or endorsements providing equivalent coverage, including products completed operations.

C. Builder’s Risk/Fire & Extended Coverage

The Contractor shall insure the building or other work included in this contract on an all-risk

(special causes of loss) policy, with an insurance company or companies acceptable to the Owner.

The amount of the insurance at all times to be at least equal to the amount paid on account of work and material and plus the value of the work or materials furnished or delivered but not yet paid for by the Owner. Builder’s Risk Policies shall cover loss of materials by theft, vandalism, malicious mischief or other loss whether materials are incorporated in the work or not. The policies shall be in the names of the City and the Contractor, as their interests may appear, and certificates of insurance shall be delivered to the Owner before monthly partial payments are made. The policy shall provide for the inclusion of names of all other contractors, subcontractors and other employed on the premises as ensured and shall stipulate that the insurance companies shall have no right to subrogation against any contractors, subcontractors or other parties employed on the premises for any work building alterations, construction or erection to the described property.

62. INSURANCE continued:

D. Workers' Compensation: The contractor/respondent/selected firm shall provide and maintain workers’ compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Texas. Employer's Liability insurance shall be provided in amounts not less than $500,000 per accident for bodily injury by accident; $500,000 policy limit by disease; and $500,000 per employee for bodily injury by disease.

In addition, a Waiver of Subrogation Endorsement shall be provided by the contractor naming the

City of McAllen in said policy for Worker’s Compensation Insurance.

Contractor/Respondent/Selected Firm shall further ensure that all of its sub-contractors maintain appropriate levels of workers’ compensation insurance.

E. Professional Services - Insurance Provisions: Errors & Omissions (Professional Liability):

$1,000,000 Each Claim Limit $1,000,000 Aggregate Limit. If coverage is written on a claims-made basis, the retroactive date shall be on or prior to the date of the contractual Agreement. The certificate of insurance shall state that the coverage is claims-made and include the retroactive date. The insurance shall be maintained for the duration of the contractual Agreement and for four (4) years following completion of the services provides under the contractual Agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage.

F. Deductible Clause: Contractor/Respondent/Selected Firm to declare self-insured retention or deductible amounts in excess of $25,000.

63. PROTEST PROCEDURES

A. DEFINITIONS

As used in this section – “Day” means a business day, unless otherwise specified.

“Filed” means the complete receipt of any document by an agency before its close of business. Documents received after close of business are considered filed as of the next business day. Unless otherwise stated, the City of McAllen’s close of business is presumed to be 5:00 p.m., local Central time.

“Interested party for the purpose of filing a protest” means an actual or prospective bidder/offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

“Protest” means a written objection by an interested party to any of the following:

(1) A solicitation or other request by an agency for offers for a contract for the procurement of construction, commodities and/or services.

(2) An award or proposed award of the contract.

B. RIGHT TO PROTEST:

An interested party has the right to formally contest a solicitation…