LOWER RIO GRANDE VALLEY DEVELOPMENT COUNCIL

REQUEST FOR PROPOSAL

PAINT AND BODY REPAIR SERVICES
FOR
VALLEY METRO TRANSIT FLEET
No: 2019-07

“REQUEST FOR PROPOSAL – PAINT AND BODY REPAIR SERVICES

VALLEY METRO TRANSIT FLEET”

ISSUE DATE: AUGUST 9th, 2019

PROPOSAL DEADLINE: AUGUST 29th, 2019 by 3PM

LOWER RIO GRANDE VALLEY DEVELOPMENT COUNCIL

301 WEST RAILROAD
WESLACO, TEXAS 78596
WWW.LRGVDC.ORG

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Table of Contents
SECTION I: GENERAL INSTRUCTIONS ................................................................................................................... 3
1.1 SOLICITATION SCHEDULE ........................................................................................................................... 3
Proposal Deadline: August 29th, 2019, 3:00 P.M. CT .................................................................................................. 3
1.2 AUTHORIZED AGENCY CONTACT ............................................................................................................. 3
1.3 PROJECT SUBMISSION ................................................................................................................................... 3
SECTION II: BACKGROUND INFORMATION ......................................................................................................... 4
2.1 LRGVDC OVERVIEW ...................................................................................................................................... 4
2.2 PROJECT SUMMARY ...................................................................................................................................... 4
2.3 PROJECT SCOPE .............................................................................................................................................. 4
2.4 EVALUATION CRITERIA ............................................................................................................................... 7
2.5 PROPOSAL SUBMISSION .............................................................................................................................. 8
SECTION III: PROPOSING CONDITIONS ............................................................................................................... 11
3.1 PROPOSAL SUBMISSION ............................................................................................................................. 11
3.3 QUALIFYING CONDITIONS ......................................................................................................................... 11
FEDERALLY REQUIRED PROVISIONS................................................................................................................... 23
FEDERAL TRANSIT ADMINISTRATION REQUIRED CLAUSES ....................................................................... 24
REQUIRED FORMS .................................................................................................................................................... 25
A. PROPOSAL ACKNOWLEDGEMENT ............................................................................................................... 26
B. CERTIFICATION OF INCORPORATION ......................................................................................................... 27
C. DBE PROGRAM COMPLIANCE FORMS ............................................................................................................ 28
LRGVDC FORM (D) - AUTHORIZATION FORM ................................................................................................... 35
LRGVDC FORM (E) - RATE OFFER......................................................................................................................... 36
LRGVDC FORM (F) - CERTIFICATION REGARDING LOBBYING ..................................................................... 38
LRGVDC FORM (G) - STATEMENT OF QUALIFICATIONS ................................................................................ 40
LRGVDC FORM (H) - CLIENT REFERENCES ........................................................................................................ 41
LRGVDC FORM (I) - SUBCONTRACTOR REFERENCES ..................................................................................... 42
LRGVDC FORM (J) - NO PARTICIPATION RESPONSE FORM............................................................................ 43
LRGVDC FORM (K) - DISBARMENT CERTIFICATION ....................................................................................... 44
LRGVDC FORM (L) - E-VERIFY .............................................................................................................................. 46
LRGVDC FORM (M) - NON-COLLUSION AFFIDAVIT ......................................................................................... 47
LRGVDC FORM (N) - DECLARATION OF CONFLICT OF INTEREST (AFFIDAVIT OF INTEREST) ............. 48
LRGVDC FORM (O) – ADDENDA ACKNOWLEDGEMENT ................................................................................. 49

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 SECTION I: GENERAL INSTRUCTIONS

1.1 SOLICITATION SCHEDULE

Release date of Request for Proposal: August 9th, 2019

Last day to submit written questions: August 19th , 2019, 5:00 P. M. CT

Proposal Deadline: August 29th, 2019, 3:00 P.M. CT

(Official time clock is LRGVDC phone system)

Project Begin Date: Upon Acceptance of Award

1.2 AUTHORIZED AGENCY CONTACT

• Offerors may submit questions and inquiries via email only to [email protected].

• No phone or in-person inquiries regarding the proposal shall be conducted other than at the pre-bid
conference presentation and Q&A.

• Questions submitted in writing, via email will be answered within three business days.

• Inquiries, questions and responses shall be posted as addendums on LRGVDC website. Offerors should
frequently check for any updates.

1.3 PROJECT SUBMISSION

All Bid Proposals shall be submitted via sealed envelope, displaying name of offeror and project title
addressed to the following:

LRGVDC
301 West Railroad-Building “D”
Weslaco, Texas 78596
SEALED PROPOSAL
PAINT AND BODY REPAIR SERVICES FOR
VALLEY METRO TRANSIT FLEET
No: 2019-07

• Fax copies are not acceptable. Paper copies only, no CDs or removable memory devices acceptable.

• LRGVDC Office Hours: Monday through Friday from 8:00 AM to 5:00 PM

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 SECTION II: BACKGROUND INFORMATION

2.1 LRGVDC OVERVIEW

The Lower Rio Grande Valley Development Council (LRGVDC) is one of twenty-four (24) state planning
regions and association of local governments formed under Texas Law to address issues and planning needs
that cross the boundaries of individual local governments. The LRGVDC coordinates planning efforts,
provides a regional approach to problem solving through cooperative action and provides direct services, when
applicable. The designated geographical service area is the 3,643 square miles of Cameron, Hidalgo, and
Willacy Counties.

The LRGVDC is comprised of programs in the fields of economic development, public safety, transportation,
environmental services and health and human services. Funding to support these programs originates from
local, state, and federal sources. LRGVDC is governed by a twenty-seven (27) member Board of Directors of
whom two-thirds are required to be elected officials of the designated boundaries.

The LRGVDC provides public transportation in urbanized and non-urbanized areas of the lower Rio Grande
Valley through its transit department, Valley Metro, which operates routes in several communities in Willacy,
Cameron, Hidalgo, Starr, and Zapata Counties.

2.2 PROJECT SUMMARY

The Lower Rio Grande Valley Development Council (LRGVDC) is requesting proposals for paint and body
repair services for its fleet of buses operated by Valley Metro which will also include pickup and delivery as
needed. LRVDC invites organizations to provide quality bids for these services on Valley Metro’s transit fleet
for a three (3) year period, with an LRGVDC option to extend for an additional two (2) one-year periods.

The Valley Metro fleet consists of 24 buses used to operate 21 routes. The majority of those routes service
Hidalgo and Cameron Counties, with other routes that operate in Starr, Willacy, and Zapata Counties.

2.3 PROJECT SCOPE

The selected proposer will provide body repair, painting, and towing/recovery services to LRGVDC/Valley
Metro on an as needed basis. The proposer must have a minimum of five (5) years recent experience
performing similar work/services. The work shall be performed at the proposer’s shop unless otherwise agreed
to in writing by LRGVDC/Valley Metro. Compensation will be based on the prices proposed on the bid form
attached as Attachment A.

Vehicle Towing/Recovery:
The proposer must be able to provide vehicle towing/recovery services in the Valley Metro service area which
includes Willacy, Cameron, Hidalgo, Starr and Zapata counites. The proposer will need to have the capacity to
recover vehicle sizes up to a 40-foot low floor bus. The proposer shall include pricing for vehicle recovery
towing unrelated to repair pickup and delivery to the proposer. The proposer shall include specific rates for
each county and out-of-region vehicle towing/recovery.

Body Repair and Painting:

The proposer will provide auto body repair and painting services for transit vehicles and equipment, to include
but not be limited to general body repair, dent repair, component replacement for exterior/interior body
components, collision damage repair, glass repair/replacement including windshields, painting all or portions
of vehicle bodies, and other repair services. Bent parts are to be straightened and reinforced or replaced if
necessary. In the event that vehicle decals are damaged, the proposer will obtain new decals from the
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LRGVDC or their decal provider and apply new decals to the repaired vehicle. Decal removal and installation
are to be included in the repair estimate. All bodywork will receive at least three coats of primer: two (2)
during bodywork repair, and a minimum of one (1) during painting process.

General Shop Requirements:

The proposer’s body shop will meet the following minimum requirements:
a) Be able to perform complete body repairs, as well as paint vehicles and equipment.
b) Maintain a paint booth that is in legal compliance with all applicable laws.
c) Maintain a secure storage area for all LRGVDC/Valley Metro owned vehicles.
d) Possess a MIG and TIG welder or other electric spot welding equipment for body
welding. Gas welding is not acceptable. The proposer shall ensure that the vehicle
computer systems are disconnected from the vehicle before any welding is done. The
proposer is to replace, at his/her expense, any vehicle on board computers damaged by
not disconnecting the computers before any welding operations.
e) Be available during normal business hours Monday through Friday, 8:00 a.m. to
5:00 p.m.

Estimate Process Requirements:

The proposer will provide estimates for body repair and painting on an as needed basis as requested by
LRGVDC/Valley Metro. Estimates will include:
a) Make, model and mileage of vehicle
b) License plate number, VIN number and Valley Metro or LRGVDC unit number
c) BOLDLY state if the estimate is in relation to an incident and note the incident report
number and date, if any
d) Itemized list of description of work to be performed
e) Estimated number of labor hours of task
f) Itemized list of parts and paint materials costs
g) All incidentals or miscellaneous shop supplies and charges shall be included and priced
accordingly
h) Total repair estimate not including sales tax as the LRGVDC is tax exempt
i) Approximate schedule to complete the repairs after receiving a notice to proceed
j) If applicable, any recommendations for future repairs
k) All estimates shall be from an applicable industry standard Collision and Estimating Reference
Guide used by insurance appraisers. Proposers shall provide the name and version of the guide or
software used

Prior to any repair, the proposer and LRGVDC/Valley Metro’s Fleet and Facilities Manager will review the
estimate and confirm that the estimate includes an accurate description of the vehicle condition. All repair
estimates must be approved by LRGVDC/Valley Metro in writing in advance of work being performed. Repair
work will not start until a notice to proceed is received in the form of a purchase order. If LRGVDC/Valley
Metro and the proposer cannot agree on an estimate, LRGVDC/Valley Metro reserves the unilateral right to
solicit for bids and award to another service provider. Repeated failure to agree on estimates may result in
contract termination. Proposer will assume full liability and responsibility for all vehicles and contents
(including radios and other standard or installed equipment) placed in its custody by LRGVDC/Valley Metro
under this contract.

Parts:
All parts used to provide automotive body repair will be new Original Equipment Manufacturer (OEM). Any
and all incidentals charges shall be included in proposer’s hourly rate. Proposers shall furnish new unused
O.E.M., remanufactured O.E.M., vehicle body parts, materials and labor as required in accordance with the

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provisions and specifications contained herein.

Alignment:
Proposer agrees to perform realignment of all vehicles when needed. This shall be a thrust alignment for frame
vehicles and four wheel alignment for unibody vehicles. A printout of the readings after the alignment will be
included in each repair order. Proposer will ensure personnel or sub-contractor are qualified to perform
alignment work.

Frame Work:
Proposer agrees to perform frame straightening of all vehicles when needed. Proposer will ensure personnel or
sub-contractor are qualified to perform all frame work.

Airbag Components:
All airbag components shall be replaced with NEW O.E.M. parts when the decision has been made to replace
the components.

Major Repairs:
If metal body or plastic components are damaged beyond repair, the damaged area will be cut out and replaced
with new metal or plastic that is equal to or greater than the original thickness of the component.

Painting Process Requirements:

The paint process will consist of the following in the order listed, utilizing the latest state-of the-art painting
and paint matching systems, mixing tools, and spraying tools:
• Primer
• Base Coat
• Clear Coat (either solvent or water based)

Acceptable Paint Manufacturers:

All paints used will be from a qualified and reputable paint manufacturer, such as, but not limited to: Diamont,
Dupont, Duramix, Kuston Shop, PPG and Sherwin-Williams. Proposers shall provide the name of the paint
manufacturer uses in each estimate.

Warranty:
The proposer shall specify warrantable periods for materials and work performed. Unsatisfactory repairs
include, but are not limited to, paint swirls, fish eye blemishes, mismatched paint color, buffer burns, as well as
any other defects and/or imperfection in body work or paint finish.

Pickup and Delivery:

The proposer will provide free pickup and delivery of vehicles, including vehicle tow as necessary, when
repairs or painting is required. The repaired vehicles will be returned to LRGVDC/Valley Metro by personnel
with the knowledge necessary to review and discuss the quality of completeness of the repairs and review the
vehicle condition report with LRGVDC/Valley Metro’s representative. If it is determined that the vehicle is not
properly repaired, the vehicle will be returned to the proposer’s shop for repair and delivery at no additional
charge. All vehicles shall be returned to LRGVDC/Valley Metro within 24 hours of completion of repairs.

Time for Performance:

Time is of the essence in returning LRGVDC/Valley Metro vehicles to service. The successful proposer agrees
that work assigned under contract shall receive priority over the other work in its shop, unless specific prior
approval has been obtained from LRGVDC/Valley Metro. If LRGVDC/Valley Metro determines that the
workload of the proposer is such that timeliness is not possible in a given situation, LRGVDC/Valley Metro

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reserves the unilateral right to solicit for bids and award to a backup service provider. Repeated assignments to
a backup service provider may result in contract termination.

Estimated Amount of Work:

The proposer shall perform such work as required by LRGVDC/Valley Metro as needs are determined.
LRGVDC/Valley Metro has estimated that approximately $75,000 will be spent in automotive body work
during each year of the contract. This figure is only an estimate and is not a binding guarantee of the work to
be done under the contract. Actual requirements may be more or less than the amounts estimated. The RFP
items listed are for evaluation purposes only. The quantities and items specified are estimates only of
LRGVDC/Valley Metro's requirements. It is the intent of this RFP to provide one comprehensive award for all
LRGVDC/Valley Metro vehicles and equipment with a single discount structure, however, LRGVDC/Valley
Metro reserves the right to make multiple contract awards.

Contract Term:
LRGVDC/Valley Metro is seeking an agreement for a 12-month period, with two (2) one-year options that
could be exercised at the discretion of LRGVDC/Valley Metro. The initial 12-month period would span from
the start date of the agreement.

Price Proposals:
The proposer shall complete the price proposal form attached as Attachment A. These prices and discounts
shall apply to all goods and services provided pursuant to this contract.

Additional Contract Provisions:

The proposer and LRGVDC/Valley Metro will enter into a contract, including insurance indemnification
provisions therein. The proposal must specifically indicate any provisions in the form of the contract which are
not acceptable and propose any alternative language or terms.
Questions:
Questions about the content in this Request for Proposals or about Valley Metro’s transit services must be
submitted to the LRGVDC no later than August 19th, 2019 by 5:00PM CST. Questions may be submitted by
email to: [email protected]

Answers to questions submitted will be made available to the public on LRGVDC’s website www.lrgvdc.org.

2.4 EVALUATION CRITERIA

Proposals will be selected based on the ability of each bidder to carry out all the requirements contained in this
RFP. Incomplete or late proposals or those found to be default, in poor standing or reflective of questionable
business/ethical practices will not be considered.

It is the intent of LRGVDC to enter into contractual agreements with the most qualified, responsible bidder
whose bid is responsive to the request for proposal, meeting all qualifications necessary to complete the
prescribed scope of work, with the greatest overall value to LRGVDC in terms of price and other enumerated
factors such as project history, location registered, etc.

LRGVDC may award a contract of higher qualitative competence of over the lowest priced response seeking
the best combination of expertise, experience and value.

Additionally, the following criteria shall be used to evaluate submissions:

• Proven experience in providing the services requested in this RFP for similar sized transportation
programs.
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 • References from other agencies.

• Introduced knowledge, experience, resources, and value-added services beyond basic scope of work
requirements.

• Proposed cost proposal exemplifying total overall quality.

• Successful contractor must abide by all FTA and State of Texas procurement policies

• Profitable operations greater than 3 years in the Rio Grande Valley preferable.

• License to do business in the State of Texas

• Proof of E-Verify enrollment

2.5 PROPOSAL SUBMISSION

REQUIREMENTS FOR SUBMISSION OF PROPOSALS

Interested parties should submit one (1) original, three (3) copies, and one electronic file version in MS Word
or Adobe PDF formatting on a USB flash drive of their proposal, including all forms and required
documentation which are due by 3:00 PM (CST), August 29th, 2019 to: Lower Rio Grande Valley
Development Council, 301 W. Railroad, Weslaco TX 78596. Proposals must be sealed and marked with the
words “PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO TRANSIT FLEET”. Faxed
or emailed proposals will not be accepted.

All firms shall include the following documentation in the proposal package:
I) Required Forms
• Form (A) Proposal Acknowledgement
• Form (B) Certificate of Incorporation
• (C) DBE Forms 1,2,3,4
• Form (D) Authorization Form
• Form (E) Rate Offer
• Form (F) Certification regarding Lobbying
• Form (G) Statement of Qualifications
• From (H) Client References
• Form (I) Subcontractor References
• Form (J) No Participation Response form
• Form (K) Disbarment Certification
• Form (L) E-Verify
• Form (M) Non-collusion affidavit
• Form (N) Declaration of Conflict of interest
• Form (O) Addenda Acknowledgement

II) Submittal of proposal document

All information submitted for this proposal document, i.e. prices, brands, product numbers, any
exceptions to the terms and conditions of this proposal, and the signature page, must be either
typewritten or completed in permanent ink. Proposal received differently than in the manner
described above will be rejected.

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Sealed proposals are invited by the LRGVDC for all labor, services, materials, supplies, equipment,
tools, transportation, and other facilities necessary or proper to meet the requirements of the
specifications included in scope of service.

The LRGVDC may waive and/or disqualify any proposal not prepared and submitted in accordance with
the provisions herein.

Proposals will be received by the designated LRGVDC staff member only at 301 West Railroad,
“Building D”, Weslaco, Texas 78596 until the time and date stated in the advertisement for proposals.

Any proposals received after the time and date deadline will not be considered.

Any proposals may be withdrawn prior to the scheduled time for the opening thereof.

Proposals must be submitted on the forms provided thereof by the LRGVDC. All blank spaces in the form
shall be filled in, amount shall be stated both in words and numerals, the signature shall be longhand, and the
completed form shall be without erasure, interlineations, alterations, or any conditions inserted by the
offeror.

Proposals shall be valid for ninety (90) calendar days from proposal due date.

Proposals submitted via methods other than those indicated above will not be accepted.

Cost of Proposal Preparation:

It is the responsibility of the contractor to ensure that proposals are received by the specified date and time.
Proposals received after the specific deadline will not be accepted.

Withdrawal or Modification of Proposals:

A modification to a proposal already received by LRGVDC shall be considered only if the modification is
requested prior to the date/time for the submittal of final proposals. All modifications shall be made in writing,
executed and submitted in the same form and manner as the original proposal. Any modification of the
proposal or quotation, except a modification resulting from LRGVDC’s request for a “best and final” offer, is
subject to the same conditions.

Proposals may be withdrawn by written or fax request received from contractor prior to the date/time for the
submittal of final proposals. Proposals may be withdrawn in person by a contractor or an authorized
representative, if the representative’s identity is made known and the representative signs a receipt
documenting the withdrawal of the proposal.

No contractor may withdraw a proposal after the time and date for submittal of final proposals, unless the
resulting contract award is delayed for a period exceeding seventy-five (75) calendar days from the deadline
for receipt of proposals. LRGVDC reserves the right to request that the contractor grant an extension to the
proposal validity period.

No consideration shall be given by LRGVDC to a claim of error in a proposal unless written notice of error
and supporting evidence of such claim, including cost breakdown sheets, are delivered to LRGVDC within 48
hours of the opening of proposals. Any review by LRGVDC of a proposal and/or any review of such a claim of
proposal error (including supporting evidence) imposes no duty or liability by LRGVDC to discover any other
error or mistake, and the sole liability for any proposal error or mistake rests with the contractor.

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Public Disclosure:
All information contained in the proposal may be subject to public inspection.

PROPOSAL EVALUATION PROCESS

LRGVDC will establish a committee who will assess and evaluate the proposals based on the contractor’s
approach and understanding of the scope of work and the potential value to LRGVDC.

Evaluation Criteria: Proposals will be reviewed for compliance with the requirements of the RFP. Those
proposals which are incomplete or those which fail to address the elements identified in Section 2.3 will be
rejected. Proposals will also be scored on the clarity and completeness of their submittals.

Evaluation Conference:
To aid in the evaluation process, after proposal opening, LRGVDC may require individual contractors to
appear at a date, time and place determined by LRGVDC for the purpose of asking and answering questions to
determine if interested entities have a full and complete understanding of the nature and scope of project. In no
manner shall such action be construed as negotiations or an indication of LRGVDC’s intention to award.

LRGVDC/Valley Metro may choose to require BEST AND FINAL OFFERS regarding this RFP. The
contractor whose proposal is in the best interest of Valley Metro will be recommended to the Executive
Director of the LRGVDC for acceptance. LRGVDC may negotiate with any or all contractors to arrive at a
contract for the performance of the work. LRGVDC reserves the right to select the contractor based on the
initial proposals submitted.

Proposals will not be publicly opened and will be kept strictly confidential until Contract is awarded.

SINGLE PROPOSAL PROCESS

If only a single proposal is received, LRGVDC may require the contractor to provide verification of cost/price
reasonableness, which may include but is not limited to: a cost analysis or a price comparison between the
proposed price and that of similar items, materials, supplies, and/or services to confirm that the proposal
submitted price is fair and reasonable. If requested, the contractor shall provide the cost analysis or price
comparison within seven (7) calendar days of the date request. LRGVDC reserves the right to reject or accept
the proposal submitted on the basis of verification of price reasonableness.

AWARD
LRGVDC shall evaluate all proposals submitted and determine which proposal submittal is in the best interest
of the agency. Valley Metro, at its sole discretion, reserves the right to accept or reject any and/or all proposals
submitted and to waive minor informalities and irregularities to serve the best interest of the LRGVDC and
Valley Metro. These services are intended to be awarded as one package. LRGVDC may enter into a contract
with the successful Qualifier within ninety (90) calendar days of the closing date or may extend this time frame
or exercise the right to reject all proposals.

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 SECTION III: PROPOSING CONDITIONS

3.1 PROPOSAL SUBMISSION

Interested parties should submit one (1) original, three (3) copies, and one electronic file version in MS
Word or Adobe PDF formatting on a USB flash drive of their proposal, including all forms and required
documentation which are due by 3:00PM (CST), August 29th, 2019 to: Lower Rio Grande Valley
Development Council, Building D, 301 W. Railroad, Weslaco, TX 78596. Proposals must be sealed and
marked with the words “PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO TRANSIT
FLEET”. Faxed or emailed proposals will not be accepted.

3.2 STATUS OF INFORMATION

The LRGVDC shall not be bound by oral or written information released prior to the issuance of
the bid. All inquiries regarding this application must be submitted in writing via email to
[email protected].

Offerors are advised that from the date this bid is issued until the award of the contract, NO contact with
personnel and/or Governing Body related to this solicitation is permitted, except as authorized such as email
inquiries or scheduled pre-bid conference.

3.3 QUALIFYING CONDITIONS

The work shall be executed under the direction and supervision of Valley Metro Director and his/her properly
authorized agents on whose inspection of all work shall be accepted or condemned. Valley Metro Director or
their representative shall have the full power to reject or condemn any materials furnished or work performed
under the Contract which does not conform to the terms and conditions set forth in the Request for Proposal.

All responder(s) must conform to the final approved specifications. The product furnished must be of first
quality, and the workmanship must be the best obtainable in the various trades. The design of the equipment
which the manufacturer proposes to furnish must be such as to produce components of substantial, safe,
durable construction in all aspects.

All equipment and components shall be in complete compliance with all requirements of the laws of the State
of Texas and federal regulations. Should the federal government reinstitute wage price regulations which are
applicable to the sale of this equipment pursuant to this bid, bidder/contractor shall comply with the
provisions of such laws and regulations that may be adopted.

The Contractor shall warrant to LRGVDC, its successors, and assignees that the title to the material, supplies,
and/or equipment covered by the Contract, when delivered to Valley Metro or its successors or assignees,
shall be free from all liens and encumbrances.

LRGVDC shall assume risk of loss of the equipment upon delivery to Valley Metro, 510 S. Pleasantview,
Weslaco, Texas. Prior to this delivery or release, the Contractor shall have the risk of loss of the equipment,
including any damages sustained during shipment.

All supplies or workmanship shall be subject to inspection and test by Valley Metro to the extent practicable
and in, any event prior to acceptance by Valley Metro. In case of defective material, workmanship, or
nonconformity to this Contract, Valley Metro shall have the right either to reject them or require their
corrections.
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This Contract shall not be altered, changed, or amended except by an instrument in writing executed by the
parties hereto. Any changes in the Scope of Work or compensation shall be mutually agreed upon between
LRGVDC and the Contactor as outlined below.

LRGVDC Executive Director may at any time, by a written order and without notice to the sureties, make
changes within the general scope of the final Contract as related to this bid document in the list of work
described in these specifications. Increases or decreases in compensation shall be allowed for such changes in
work according to the method defined in the Terms of Payment Section. Any claim by the successful bidder
for adjustment under this clause must be asserted within 30 days of the date of receipt by the successful
bidder of the notification of change, provided, however, that if LRGVDC Executive Director decides that the
facts justify such action, LRGVDC may receive and act upon any such claim asserted at any time prior to
final payment under the Contract.

The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the subsequent Contract or
the Contractor’s right, title, or interest in or to the same or any part thereof without previous consent in
writing of LRGVDC Executive Director endorsed thereon or attached thereto. If Contractor should find it
necessary to assign the contract to another party or entity, the assignment must be completed upon and by
mutual agreement by Contractor and the LRGVDC. Contractor must understand new, assigned party’s billing
and payment processes, and may need to do a reasonable credit check.

LRGVDC will pay to the Contractor, at the times and in the manner herein provided, the price(s) set forth in
the Contract for the work furnished pursuant to the contract documents, and the Contractor agrees to accept
said sum(s) as full and final payment for all labor, materials, supplies, equipment, transportation, overhead,
profit, taxes, duties, and charges of any nature incurred by Contractor in performing its obligations under the
Contract or arising there from.

Prices quoted are to be quoted on an FOB destination basis at Valley Metro’s Maintenance Facility.
Therefore, bid prices shall include all freight or delivery charges. Upon completion of work specified in the
Contract, the Contractor shall submit an original invoice detailing the quantity and material supplied.

Availability of Funds
LRGVDC has adequate funds to meets its obligations under this Agreement during the current fiscal year and
intends to maintain this Agreement for the full period set forth. LRGVDC has no reason to believe that lack
of funding will render it unable to fulfill the financial commitment due under the terms of this Agreement.
It shall be understood that the availability of funds depends upon varied sources, including governmental
funding. If LRGVDC, at any time, fails to have adequate funds to provide all or a portion of the service
described in this Agreement, the obligations under this Agreement are suspended on the date the vendor is
notified of such occurrence. The suspended obligations will become binding and enforceable from the date
adequate funds are appropriated, regardless of the funding source.

This Contract shall be governed by the laws of the State of Texas, and any action brought in regard hereto
shall be brought in Hidalgo County, Texas. Should any legal action, litigation, or arbitration become
necessary, the non-prevailing party shall pay any and all fees.

LRGVDC’s officers, employees, agents, or any family members of same shall neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-
agreements.

The Contractor shall be deemed an independent contractor for all purposes, and the employees of the
Contractor or any of its contractors, subcontractors, and the employees thereof shall not in any manner be

12
deemed to be employees of LRGVDC.

As such, the employees of the Contractor, its contractors, and subcontractors, shall not be subject to any
withholding for tax, social security, or other purposes, nor shall such Contractor, subcontractor, or employee
be entitled to sick leave, pension benefits, vacation, medical benefits, life insurance, workers’ or
unemployment compensation or the like from LRGVDC.

The proposal shall state whether the offeror is a corporation or co-partnership, and, if a corporation, under the
laws of what state and have the corporate seal affixed. If a co-partnership, the full name or names of all
interested parties.

The successful offeror shall submit a certificate of incorporation in the state of Texas or proof of
authorization to do business in the State of Texas.

The Contractor shall procure and maintain insurance for the duration of the contract. Entities that self-insure
must maintain this insurance for the duration of the contract.

The Contractor shall indemnify and hold the LRGVDC harmless.

The Contractor shall pay any and all Federal, State, County, or City taxes with may be applicable herein.

Either party shall not be liable for any failure of or delay in the performance of an agreement that results from
this opportunity for the period that such failure or delay is due to causes beyond its reasonable control,
including but not limited to, acts of God, war, strikes or labor disputes, embargoes, government orders or any
other force majeure event.

3.4 Taxes

As a municipal corporation, LRGVDC is exempt from federal excise taxes. Federal Exemption Certificates
will be furnished if so requested.

Unless otherwise provided in the contract documents, the Contractor shall pay all sales, use, and similar taxes
which are legally enacted at the time bids are received and shall secure and pay for all permits and
governmental fees, licenses, and inspection necessary for the proper execution and completion of the work.

3.5 Indemnification

To the extent of Contractor’s negligence or willful misconduct, the Contractor shall indemnify, keep, and save
harmless LRGVDC, its agents, officials, and employees, against all suits or claims that may be based on any
injury to persons, including Contractor’s employees, or damages to property that may occur in the course of
the performance of the Contract by the Contractor, whether or not it shall be claimed that the injury or damage
was caused by the negligence of LRGVDC, its officers, employees, or agents. Contractor shall, at its own
expense, defend any and all such claims, including, but not limited to, payment of all charges of attorneys and
all costs and other expenses arising therefrom or incurred in connection therewith. The Contractor will save
and hold harmless the LRGVDC against its own negligence or misconduct.

If the injured claimant is one (1) of Contractor’s employees, Contractor agrees to waive its immunity under the
Industrial Insurance Act, Title 51 RCW. This indemnification clause has been mutually negotiated by
Contractor and LRGVDC.

13
3.6 Duty to Inform

If at any time during the performance of this Contract, or at any time in the future, Contractor becomes aware
of actual or potential problems, fault, or defect in the project, any nonconformance with any contract document
or federal, state, or local law, rule, or regulation or has any objection to any decision or order made by
LRGVDC, Contractor shall give prompt written notice thereof to LRGVDC. Any delay in or failure on the part
of LRGVDC to provide a written response to Contractor shall neither constitute agreement with or
acquiescence to Contractor’s statement or claim, nor constitute a waiver of any of LRGVDC’s rights.

3.7 Notices

All notices required to be given under the contract shall be in writing and may be delivered personally or by
regular, registered, or certified mail to LRGVDC’s Project Manager as specified in the Contract.

3.8 Defective or Damaged Work and Damages

If any work is delivered incomplete or contains any defective or damaged parts, said parts shall be removed
and new parts shall be furnished. The new parts furnished, including transportation charges for the same, plus
the labor for the removal of said parts, shall be free of all costs to LRGVDC. If LRGVDC finds it necessary to
perform any work on any equipment which should have been done by the Contractor within the intent of these
specifications, the Contractor agrees to reimburse LRGVDC all costs incident thereto, including materials,
labor, and overhead.

If the Contractor shall fail to comply promptly with any order by LRGVDC to repair, replace, or correct
damaged or defective work, then LRGVDC Executive Director shall, upon written notice to the Contractor,
have the authority to deduct the cost thereof from any compensation due or become due to the Contractor.

All loss or damage arising from any unforeseen obstructions or difficulties, either natural or artificial, which
may be encountered in the prosecution of the work or the furnishing of the supplies, materials, or equipment,
or from any action of the elements prior to the final acceptance of the work of or the supply of materials or
equipment or from any act or omission not authorized by the Contract or by the Contractor or any agent or
person employed by the Contractor, shall be sustained by the Contractor.

Acceptance of any equipment or components shall not release the Contractor from liability for faulty
workmanship or materials appearing, even after the final payment has been made. LRGVDC reserves the right
and shall be at liberty to inspect all materials and workmanship at any time during the manufacturing or repair
process, and shall have the right to reject all materials and workmanship, which do not conform to the
specifications. However, LRGVDC is under no duty to make such inspection and if no such inspection is
made, the Contractor shall not be relieved of any obligation to furnish materials and workmanship strictly in
accordance with specifications.

3.9 Warranty of Work

The Contractor warrants to LRGVDC that all materials and equipment furnished under this Contract will be of
the highest quality and new unless otherwise specified by LRGVDC, free from faults and defects and in
conformance with the Contract Documents. All work not so conforming to these standards shall be considered
defective. Contractor shall adhere to manufacturer’s warranty for products offered under this proposal, which
defines the criteria for warranty eligibility and the claims or replacement procedures for the product(s) covered.
The LRGVDC, for all materials and/or equipment provided under this proposal, shall have the full benefit of
Contractor’s standard warranty for such materials and/or equipment. Contractor will attach copies of all

14
warranties associated with products offered under this proposal to this bid.
The work furnished must be of first quality and the workmanship must be the best obtainable in the various
trades. The work must be of safe, substantial and durable construction in all respects. The Contractor hereby
guarantees the work against defective materials or faulty workmanship for a minimum period of three (3) years
after final payment by LRGVDC and shall replace or repair any defective materials or equipment or faulty
workmanship during the period of the guarantee at no cost to LRGVDC.

3.10 Penalty for Failure to Complete Contract

In case of failure on the part of the Contractor to complete the Contract, the Contract may be terminated, and in
such event (1) LRGVDC shall complete such Contract without further liability to the Contractor for
compensation for any labor, supplies, or materials furnished by the Contractor under said Contract; or (2)
LRGVDC shall direct the Contractor to remove any equipment delivered by the Contractor and refund to
LRGVDC any amounts paid by LRGVDC to the Contractor, and LRGVDC shall have no further liability to
the Contractor. In any case, either by reletting or otherwise, the Contractor and its surety bondsman shall be
liable to LRGVDC for all loss or damage which it may suffer on account of the Contractor’s failure to
complete the Contract within such time.

3.11 Excusable Delays

Except with respect to defaults of subcontractors, the Contractor shall not be considered in default by reason of
any failure to perform in accordance with the Contract if such failure arises out of causes beyond the control
and without the fault of negligence of the Contractor. Such causes may include, but are not restricted to:
Acts of God or of the public enemy;
Acts of the government in its sovereign or contractual capacity;
Fire beyond the reasonable control of the contractor;
Floods;
Epidemics;
Quarantine restrictions;
Strikes or other labor disruptions, except for the first five (5) working days of any strike or labor disruption;
Freight embargoes;
Extraordinary conditions of weather for the area and time of year.

In every case the failure to perform must be beyond the control and without the fault or negligence of the
Contractor. If the failure to perform is caused by the default of a subcontractor(s), and if such default arises
from causes beyond the control of both the Contractor and the subcontractor(s) and without the fault of
negligence of either of them, the Contractor shall not be in default by reason of any failure to perform, unless
the supplies or services to be furnished by the subcontractor(s) were reasonably obtainable from other sources
on similar terms and in sufficient time to permit the Contractor to meet the contract requirements.

Should the Contractor fail to perform because of cause(s) described in this paragraph, LRGVDC shall make a
mutually acceptable revision in the Project Schedule.

3.12 Termination of Contract

3.12.1 Termination of Convenience

LRGVDC may terminate this Contract, in whole or in part, at any time by written notice to the Contractor with
at least 10 days written notice. The Contractor shall be paid its costs, including contract closeout costs, and
profit on work performed up to the time of termination. The Contractor shall promptly submit to LRGVDC its

15
termination claim to be paid the Contractor. If the Contractor has any property in its possession belonging to
LRGVDC, the Contractor will account for the same and dispose of it in the manner LRGVDC directs.

3.12.2 Termination for Default

In the event the Contractor is, or has been, in violation of the terms of this Contract, including the Bid
Documents, Specifications, and Contract, LRGVDC reserves the right, upon written notice of 10 days to the
Contractor, to cancel, terminate, or suspend this Contract in whole or in part.

Termination shall be effected by serving a notice of termination on the Contractor setting forth the manner in
which the Contractor is in default. The Contractor will only be paid the contract price for services performed in
accordance with the manner of performance set forth in the Contract.

Any failure to make progress which significantly endangers performance of the Project within a reasonable
time shall be deemed to be a violation of the terms of this Contract.

If it is later determined by LRGVDC that the Contractor had an excusable reason for not performing, such a
strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, LRGVDC,
after setting up a new delivery of performance schedule, may allow the Contractor to continue work or treat the
termination as a termination for convenience.

3.13 Breaches and Dispute Resolution

3.13.1 Disputes

Disputes arising in the performance of this Contract, including, but not limited to, the Indemnification
provision, which are not resolved by agreement of the parties shall be decided in writing by the authorized
representative of LRGVDC, unless the Consultant initiates the following internal appeal process. This
LRGVDC decision shall be final and conclusive unless within ten (10) days from the date of receipt of its
copy, the Consultant mails or otherwise furnishes a written appeal to LRGVDC. In connection with any such
appeal, the Consultant shall be afforded an opportunity to be heard and to offer evidence in support
of its position. If this appeal process fails then either party may pursue its remedies as set forth in Remedies
below.

3.13.2 Performance During Dispute

Unless otherwise directed by LRGVDC, Contractor shall continue performance under this Contract while
matters in dispute are being resolved.

3.13.3 Claims for Damages

Should either party to the Contract suffers injury or damage to person or property because of any act or
omission of the party or of any of its employees, agents, or others for whose acts s/he is legally liable, a claim
for damages therefore shall be made in writing to such other party within a reasonable time after the first
observance of such injury or damage.

3.13.4 Remedies
All claims, counterclaims, disputes, and other matters in question between LRGVDC and the Consultant
arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which LRGVDC is located.

16
3.13.5 Rights and Remedies

The duties and obligations imposed by the Contract documents and the rights and remedies available
thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise
imposed or available by law. No action or failure to act by LRGVDC or Consultant shall constitute a waiver of
any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute
an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

3.14 Claims

It is an express condition of the Contractor’s right to make a claim or to receive any recovery or relief under or
in connection with the contract, that the Contractor submit a written notice of Intent to Claim to LRGVDC in
accordance with the provisions of this section. Failure to comply with the provisions hereof shall constitute a
waiver by the Contractor of any right, equitable or otherwise, to bring any such claim against LRGVDC.

A claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation
of Contract terms, payment of money, and extension of time or other relief with respect to the terms of the
Contract. Claims shall be made in writing. The responsibility to substantiate Claims shall rest with the party
making the claim.

3.14.1 Notice of Intent to Claim

The Contractor shall submit written notice to LRGVDC of such claim within ten (10) days after the date when
Contractor first knew or reasonably should have known, of the event or condition giving rise to the apparent
claim. If the vent or occurrence is claimed to be an act of omission of LRGVDC, notice shall be given prior to
the commencing of the portion of the work to which such alleged act or omission relates. The written Notice of
Intent to Claim shall set forth:

1. The reasons for which the Contractor believes additional compensation will or may be due;
2. The nature of the costs involved;
3. The Contractor’s plan or action for mitigating such costs; and
4. If ascertainable the amount of the potential claim.

3.14.2 Written Claim

Following written notice of Claim, Claims shall be made in writing within 21 calendar days after occurrence of
the event giving rise to such Claim or within 21 calendar days after the claimant first reasonably should have
known of the condition giving rise to the Claim whichever is later. A written Claim from the Contractor shall
provide, at a minimum, the following details:

1. The date and a detailed description of the event giving rise to the Claim;
2. A detailed statement of the nature of all impacts to the Contractor, and all others, if any, affected by the
Claim event;
3. A detailed breakdown and calculation of the amount of the adjustment in Contract Sum, if any, sought by
the Contractor for itself and for others, if any, together with substantiation and backup for all costs;
4. A detailed breakdown and calculation of the amount of the adjustment to Contract Time, if any, sought by
the Contractor, together with Critical Path Method schedule analysis showing claimed impact on the project
completion date asserted by the Contractor;
5. A detailed analysis and substantiation for other relief, if any, sought with respect to the terms of the
Contract; and

17
6. A statement of all provisions of the Contract Documents upon which the Claim is based.
The Contractor’s failure to submit any claim in writing within the relevant time and in the manner prescribed
shall waive any relief that might otherwise be due with respect to such claim.

3.14.3 Performance During Claim

Pending final resolution of a Claim, the Contractor shall proceed diligently with performance of the Contract.
LRGVDC will continue to make proper payments for work items that are undisputed and in accordance with
the Contract.

3.14.4 Claim Audits

All Claims filed against LRGVDC shall be subject to audit at any time following the filing of the Claim.
Failure of the Contractor, or subcontractors of any tier, to maintain and retain sufficient records to allow
LRGVDC to verify all or a portion of the Claim or to permit LRGVDC access to the books and records of the
Contractor, or Subcontractors of any tier, shall constitute a waiver of the Claim and shall bar any recovery.

In support of LRGVDC audit of any claim, the Contractor shall upon request, promptly, and in any event no
later than the date provided by LRGVDC, make available documents that include, but are not limited to:

Daily time sheets and supervisor’s daily reports;

Collective bargaining agreements;
Insurance, welfare, and benefits records unless prohibited by law, company, or corporate policy
Payroll registers;
Earning records;
Payroll tax forms;
Material invoices, requisitions, and delivery confirmations;
Material cost distribution worksheets;
Equipment records (list of company equipment, rates, etc.);
Vendors’, rental agencies’, Subcontractors and agents’ invoices;
Contracts between Contractor and each of its Subcontractors, and all lower-tier Subcontractor contracts and
supplier contracts;
Subcontractors and agents’ payment certificates;
Cancelled checks;
Job cost reports, including monthly totals;
Job payroll ledger;
Cash disbursements journal;
Financial statements for all years reflecting the operations on the project;
Depreciation records on all company equipment;
All documents which relate to each and every Claim together with all documents which support the amount
of any adjustment in Contract Sum or Contract Time sought by each claim; and
Worksheets, software and all other documents used by the Contractor to prepare its bid and the Claim(s).

The audit may be performed by employees of LRGVDC or a representative. The Contractor, its
Subcontractors, shall provide adequate facilities acceptable to LRGVDC for the audit during normal business
hours. The Contractor, and all Subcontractors, shall make a good faith effort to cooperate with LRGVDC’s
auditors.

18
3.14.5 Review and Resolution of Claims

LRGVDC shall be entitled to reasonable time, in no case more than 45 days, after it receives the claim in
writing and accompanied by proper supporting documents and evidence, in which to investigate, review, and
evaluate such claim. When LRGVDC has completed its investigation, review, and evaluation, it will advise the
Contractor of the relief, if any, to which it was found the Contractor to be entitled. Should the Contractor not
be satisfied with LRGVDC’s findings, may request, in writing, mediation within 14 calendar days after being
so advised thereof. If the parties have not reached agreement through mediation within 30 days the parties may
seek other alternative dispute resolution process.

The quantities listed on the proposal form are for comparing proposals only. The actual quantities are
used during the contract period may vary higher or lower. Payment by the LRGVDC to the successful
offeror shall be made based on the actual quantities of authorized work performed under each item
and only at that item’s unit proposal price.

The LRGVDC shall not be liable for any costs incurred by offerors in the preparation of proposals or for
any work performed in connection therewith.

The successful offeror’s attention is called to the fact that materials not actually incorporated into the work
will not be exempt for the payment of sales tax. This will apply to such things as:
a. Machinery and equipment, including rentals or repair parts.
b. Supplies, tools, miscellaneous equipment, and/or materials.
c. Any other items purchased or rented by the contractor for his use in performing the contract
and not incorporated into the realty.

The LRGVDC reserves the right to postpone or cancel the bid and to reject any or all proposals.

LRGVDC DBE and Equal Opportunity Employment requirements will apply to this contract.

Vendor agrees to comply with all the terms and conditions contained in this document and the RFP.

Vendor guarantees product will meet or exceed the written specifications identified in the RFP.

Vendor agrees to protect the LRGVDC from claims involving infringement of patents or copyrights

Please refer requests for additional information or clarification of the specifications by email. Send request
to [email protected]. No other correspondence will be accepted.

Taxes: The LRGVDC purchases are not subject to taxation. Tax exemption certificates will be available upon
request.

Acceptance: Vendors shall hold their prices firm and subject to acceptance by the LRGVDC for a period of
sixty (60) working days from the date of the receipt of the bid, unless otherwise indicated.

Electronic Transmission of Bids: The LRGVDC Procurement Department will NOT accept telegraphic or
electronically transmitted (Email) bids.

Reservation: The LRGVDC reserves the right to refuse and reject any and all bids and to waive any and
all formalities or technicalities and to accept the bid considered the best and most advantageous to the
LRGVDC.

19
Restrictive Specifications: It is the responsibility of the prospective bidder to review the entire Request for
Proposal (RFP) and to notify the Procurement Department if the specifications are formulated in a manner
which would unnecessarily restrict competition. Any such protest or question regarding the specifications or
bidding procedures must be received in the Procurement Department not less than seventy-two (72) hours
prior to the time set for bid opening.

The LRGVDC, will not award a contract, if after bid evaluation, it is determined to not be in the best
interest of the LRGVDC.

Bid Delivery: The LRGVDC requires bidders, when hand delivering bids, to make sure the receptionist
time date and stamp the envelope before leaving the building.

Incomplete bids will be considered as non-responsive and not considered.

Signature on Bid: Bid must be manually signed or it will be disqualified. The person signing the bid must
have authority to bind the represented company to a contract. An unsigned bid cannot be signed after the
bid opening time even though the bidder or a representative is present at the bid opening.

Assignment of Contract: Transfer of assignment of contract is prohibited.

Addendums: Should an addition or correction become necessary after an RFP is issued, an addendum
relating the necessary information will be mailed to all bidders on record with the LRGVDC as having
received a copy of the initial RFP. Bidders are required to acknowledge the addendum by returning the
addendum with the bid.

Withdrawals: A bid may be withdrawn 24 hours prior to the scheduled closing time for the receipt of bids.
This can be accomplished by written notification on company letterhead signed by an authorized
representative. Envelopes must be clearly marked Bid Withdrawal, the name of the Request for Propoosal
solicitation, and the time and date of the bid closing. A bid may not be withdrawn or canceled by the bidder,
without the permission of the LRGVDC, for a period of 90 days after the date designated for the receipt of
bids.

Modifications: Modifications to a previously submitted bid which are made before the bid due date will be
considered by the LRGVDC if received in advance to the scheduled closing time for the receipt of bids.
Quotes may not be altered or amended after the submission deadline. Envelopes must be clearly marked
MODIFICATION, the RFP name, and the time and date of the bid closing. Oral or telephone modifications
or corrections will not be recognized or considered. Notification of the LRGVDC’s decision will be made in
writing by the Procurement Officer and mailed to each vendor that submitted a bid.

Bid Samples: DO NOT send samples unless requested. Samples of items, when called for, must be
furnished free of charge and will be returned at the request and expense of the bidder. Samples must be
labeled with the bidder’s name, bid title, manufacturer’s brand name and numbers.

Bid Preparation Expense: Any expense related to the submission of a bid is the sole responsibility of the
bidder. The LRGVDC will not reimburse bidders for any cost related to the bid preparation or submission.

1. Cancellation of Contract: The LRGVDC reserves the right to cancel a contract either in whole or part for
convenience without damage or liability to vendor.

2. Catalogs, brand names or manufacturer’s references are descriptive only, and indicate type and quality

20
 desired. Vendors must submit, with their quote(s), the manufacturer’s standard published literature, and
specification sheets. Literature submitted should be adequate to determine compliance with all relevant
specifications contained in the Request for Proposal (RFP). If vendor does not submit literature with
the quote, or if such literature is inadequate to verify compliance with specification requirements, then
the bid will not be in compliance with the RFP and will be categorized as non-responsive.

3. Bidders must certify that all equipment is made from new components and that no refurbished and/or
used components have been included.

4. Vendor must accept Purchase Orders.

5. Payment: Please allow 30 days after the receipt of the merchandise and invoice for payment

6. Protest Procedures

A written complaint must be sent by certified mail to LRGVDC’s Procurement Officer within
(7) days after issuance of award letter and shall identify the following:

• Name, mailing address and business phone number of the complainant;

• Appropriate identification of the RFP being questioned;
• A precise statement of reasons for the protest; and
• Supporting exhibits, evidence or documents to substantiate any claims.

The protest must be based on an alleged violation of LRGVDC’s procurement procedures, a violation
of Federal or State Law (if applicable), or a violation of applicable contract agreements to which
LRGVDC is a party. Failure to receive a procurement contract award from LRGVDC, in and of itself,
does not constitute a valid protest.

LRGVDC will provide a response to the protest within (14) fourteen days that clearly states its position
regarding the protest.

3.15 Non-Collusive Proposing Certificate

All offerors must complete the Non-Collusion certification included submitted as part of the proposal. Any
offers submitted without the fully executed Non-Collusion Certifications will be rejected.

If in any case the offeror cannot make the foregoing certification, the offeror shall so state and shall furnish
with the proposal a signed statement which sets forth in detail the reason therefore as it’s acknowledged that
the bidder may offer the products hereunder to third party customers on an arm-length basis, at the same
prices being submitted in the bid, and such customers may or may not be additional bidders to this contract.

The offeror whose proposal is accepted shall, after written notice by the designated agency staff member
enter into a contract and furnish an insurance certificate complying with the provisions of insurance
specification. The notice shall be served personally or by the mailing thereof in a postpaid wrapper
addressed to the offeror at the address given in the proposal. This contract must be approved by the
LRGVDC.

The contract shall be governed and construed under the laws of the State of Texas. Venue for any and all
disputes under the contract shall be in Hidalgo County, Texas. Any and all settlement discussions,
examinations before trial, depositions and or any other proceedings related to any disputes under the
21
 contract shall also be held in Hidalgo County, Texas.

3.16 Addenda

Any addenda issued during the time of proposing must be included in the proposal, and in enacting the
contract, they shall become a part thereof.

The LRGVDC will issue responses to inquiries and any other corrections or amendments it deems necessary,
in written addenda issued prior to the proposal deadline.

Offerors should not rely on any representations, statements or explanations other than those made in this bid or
in a formal addendum.

The offeror should verify with the designated contact person, prior to submitting a proposal, that all addenda
have been received. Offerors are required to acknowledge the number of addenda received as part of their
proposals.

3.17 Confidential/Proprietary Information

Offerors should specifically identify those portions of the proposal to be confidential, proprietary information
or trade secrets and provide justification why such material, upon request, should not be disclosed.

3.18 ORAL PRESENTATIONS AND INTERVIEWS

The LRGVDC may require offerors to give oral or visual presentations in support of their proposals or to
exhibit or otherwise demonstrate the information contained therein.

3.19 Discussions/Negotiations/Best and Final Offers

Basis of award is to the lowest responsible bidder, as per LRGVDC Procurement Policy.

3.20 Offerors Acceptance of Contract Provisions

By submitting a proposal indicated to the LRGVDC the offeror accepts the standard contract provisions
that will become part of the final contract.

3.21 Contract Award

Any proposed contract award shall be subject to all required approvals. Contract award shall be
subject to the following conditions, where applicable:
a. Americans with Disabilities Act
b. Cameron, Hidalgo and Willacy Living Wage Ordinance.

3.22 Continuation Contracts

The following provisions apply to continuing contracts awarded as the result of this solicitation:

The contract is subject to modification or cancellation if adequate funds are not appropriated to the
LRGVDC to support the continuation of performance in any fiscal year succeeding the first but not to
22
exceed three (3) years;

The contract is subject to modification or cancellation if the contractor’s performance is not satisfactory;
and the Contract Coordinator will notify the contractor as soon as it is practicable that the funds are not
available for the continuation of the contract term for each succeeding year.

FEDERALLY REQUIRED PROVISIONS

Attached are the Federal Clauses pertaining to this particular procurement. The Contractor is responsible for
reading each clause, signing when appropriate, and following the requirements of each clause. Failure to
comply with these Federal Clauses will result in breach of contract. Any clauses not related to this opportunity,
such as those pertaining to construction projects, may be omitted.
The Term “Valley Metro” herein shall include the LRGVDC.

In compliance with the provisions of Texas Government Code, Title 10, Subtitle D, Section 2155.074, Section
2155.075, Section 2156.007, Section 2157.003 and Section 2157.125, and Texas Administrative Code, Title 1,
Chapter 113.6, information obtained from the SPD’s Vendor Performance Tracking System may be used in
evaluating responses to solicitations for goods and services to determine best value.

23
 FEDERAL TRANSIT ADMINISTRATION REQUIRED CLAUSES
It is the responsibility of the Bidder to ensure that all clauses applicable to the work of an Agreement resultant
from this Purchase Order are adhered to by the Contractor and its Sub-contractors when applicable.
Sec. Contract Clause Applicability to Type
of Contract
1. Fly America Requirements When Transportation Paid
By
FTA Funds
2. Buy America Requirements Value > 100K for
Construction,
Goods, Rolling Stock
3. Seismic Safety New Construction/Additions
Requirements
4. Energy Conservation All
Requirements
5. Lobbying Construction, A/E, Services,
Rolling Stock
6. Access to Records and Construction, A/E, Services,
Reports
Rolling Stock
7. Federal Changes All
8. Recycled Products Value > 10K In Fiscal Year
9. Davis-Bacon and Copeland Construction > $2000
Anti-
Kickback Acts
10. Contract Work Hours and Construction > $2000,
Safety
Standards Act Rolling
Stock, Operational > $2,500
11. No Government Obligation All
to
Third Parties
12. Program Fraud and False or All
Fraudulent Statements and
Related Acts
13. Termination Value > 10K
14. Government-Wide Value > 25K
Debarment
and Suspension (Non-
procurement)
15. Privacy Act All
16. Civil Rights Requirements All
17. ADA Access Requirements All
18. Patent and Rights in Data Research Projects Only
19. Disadvantaged Business All
Enterprise (DBE)
20. Incorporation of FTA Terms All
21. Metric Requirements Sealed Bid Procurements,
Rolling
Stock, Construction
22. Conformance with National Contracts and Solicitations
ITS
Architecture for projects only
ITS
23. Corridor Preservation Right of Way Development
24. Veterans Employment Capital Projects

24
 LOWER RIO GRANDE VALLEY DEVELOPMENT
COUNCIL 301 WEST RAILROAD-BUILDING “D”
WESLACO, TEXAS 78596

REQUIRED FORMS
THE FOLLOWING FORMS MUST BE COMPLETED AND SUBMITTED WITH THE SEALED PROPOSAL:

A. Proposal Acknowledgment

B. Certificate of Incorporation

C. DBE Program Compliance Forms

D. Authorization Form

E. Rate Offer

F. Certification Regarding Lobbying

G. Statement of Qualifications

H. Client References

I. Sub-contractor References

J. No Participation Forms

K. Disbarment Certification

L. E-Verify

M. Non-Collusion Certificate

N. Conflict of Interest Affidavit

O. Addenda

25
 A. PROPOSAL ACKNOWLEDGEMENT
“PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO FLEET”

ISSUE DATE: AUGUST 9, 2019

PROPOSAL DEADLINE: AUGUST 29, 2019 @ 3PM

TO THE ADMINISTRATION DEPARTMENT OF THE LRGVDC:

The undersigned hereby proposes and agrees to furnish all services, plans, labor, services, materials, supplies,
equipment, tools, transportation and other facilities and things necessary or proper for or incidental to the
above-named project, as required by and in strict accordance with the Contract Documents.

By submission of this proposal, each offeror and each person signing on behalf of any offeror certifies, and in
the case of a joint proposal, each party thereto certifies as to its own organization, under penalty of perjury,
that to the best of knowledge and belief:

EXECUTED this day of , 20 .

Signature:
Printed Name:
Title:
Company:

SWORN TO AND SUBSCRIBED before me by ,

on the day of , 20 .

Notary Public, State of Texas

Commission Expiration

1. This Acknowledgement must be filed with the Lower Rio Grande Valley Development Council and
be maintained as part of the permanent procurement record.

26
 B. CERTIFICATION OF INCORPORATION

CONTRACTOR MUST SUBMIT CERTIFICATION OF INCORPORATION IN THE STATE OF

TEXAS OR MUST SHOW PROOF OF AUTHORIZATION TO DO BUSINESS IN THE
STATE OF TEXAS.

To facilitate correct drawing and execution of contracts, offerors shall supply full information concerning
legal status as follows:

NAME:
Type: CORPORATION CO-PARTNERSHIP INDIVIDUAL TRADE NAME N/A

If Foreign Corporation, state if authorized to do business in the State of Texas: YES NO

ADDRESS OF PRINCIPAL OFFICE:
Street:
City:
State:
Zip
code:

PRINCIPAL OFFICERS: (If publicly held corporation, a listing of principal shareholders owning 10% or
more of corporation’s common stock)

NAME ADDRESS TITLE

PRINCIPAL STOCKHOLDERS:

NAME ADDRESS TITLE

If Co-Partnership, Names of Partners and Addresses are:

If doing business under Trade Name, Assumed Name or Firm Style:

Name of Owner: Certificate Filed: (Place) (Date)

27
 C. DBE PROGRAM COMPLIANCE FORMS
49 CFR PART 26
The following Proposal conditions apply to this United States Department of Transportation assisted contract.
Submission of a proposal by a prospective Contractor shall constitute full acceptance of these Proposal conditions.
REQUIRED CONTRACT CLAUSES (49 CFR 26.13) UTILIZATION OF DISADVANTAGED BUSINESS
ENTERPRISES
Lower Rio Grande Valley Development Council will ensure that the following clauses are included in each DOT
assisted contract and subcontract:
I) Policy - It is the policy of LRGVDC that Disadvantaged Business Enterprises shall have the maximum
practicable opportunity to participate in the performance of contracts. Consequently, the DBE requirements
of 49 CFR Part 26, do apply to this agreement. Proposers shall use sufficient and reasonably good faith efforts
to carry out this policy in the award of their subcontracts to the fullest extent, consistent with the efficient
performance of this contract.
II) DBE Obligation - The contractor agrees to ensure that Disadvantaged Business Enterprises as defined in 49
CFR Part 26, Subpart D, have the maximum opportunity to participate in the performance of contracts and
subcontracts. In this regard, all contractors shall take necessary and reasonable steps in accordance with 49
CFR Part 26 to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete
for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or
sex.
III) Contract Goal - If the contractor is not a DBE, then the Proposer/proposer agrees that the DBE goal for this
Contract will be met by subcontracts or by joint ventures with DBE’s. The goal set forth for this Contract is
3% of the final Contract price, including amendments and modifications. The amount of DBE participation
will be determined by the dollar value of the work performed and/or supplies furnished by DBE firms as
compared to the total value of all work performed and/or supplies furnished under this Contract. The
contractor shall have met this goal if the contractor’s DBE participation meets or exceeds this goal.
In cases where work is added to the contract by modification such that additional DBE participation is necessary
to meet this goal, the Contractor shall increase the participation of one or more firms listed on the ―Schedule of
DBE Participation or submit additional DBE firms to meet the goal. In cases where work is deleted from the
Contract, the goal shall be applicable to the new Contract amount. The Contractor shall be permitted to meet the
goal by revising its DBE participation, provided, however, that the revision shall not result in DBE participation
that is less than the original goal.
IV) Compliance - All Proposers, potential contractors, or sub-contractors for this contract are hereby notified that
failure to carry out the policy and the DBE obligation, as set forth above, shall constitute a breach of contract
which may result in non-selection; termination of the contract; or

28
such other remedy as deemed appropriate by LRGVDC. Agreements between a Proposer/proposer
and a DBE, in which the DBE promises not to provide sub-contracting quotations to other
PROPOSERS/PROPOSERS, are prohibited.
V) Sub-contract Clauses - All Proposers and potential contractors hereby assure that they will
include the above clauses in all sub-contracts which offer further sub-contracting opportunities.
VI) Acceptable Good Faith Efforts - “Good faith efforts” means efforts to achieve a DBE goal or
other requirements of LRGVDC’s DBE Program Plan which by their scope, intensity, and
appropriateness to the objective, can reasonably be expected to fulfill the goal program
requirement. If any Proposer fails to meet the DBE goals for this solicitation, the Proposer shall
submit, with the Proposal, proof of good faith efforts, using the guideline listed in Appendix A
of 49 CFR 26, along with a written statement of efforts made and reasons for not meeting said
goals.

29
General Instructions
IMPORTANT! READ CAREFULLY!
All Proposers/contractors shall complete and submit, with their Proposals, DBE Forms 1, 2, and 3.
Each subcontractor listed on DBE Form 1 shall complete and sign DBE Form 2 and DBE Form 3 as
a DBE Subcontractor.
Business Contractors seeking to participate as DBEs must be certified at the time of Proposal
submittal. Lower Rio Grande Valley Development Council does not certify DBEs. Please check with
your state’s DBE office.
Proposers who fail to achieve the contract goal(s) stated in the Proposal document must provide (with
the Proposal) an explanation as to why the goal was not achieved and documentation demonstrating
that a "Good Faith Effort" was made by the Proposer as outlined in DBE Form 4.
Contractors may duplicate as many forms as needed. All DBE Program questions should be directed
to the Lower Rio Grande Valley Development Council, 301 W. Railroad, Weslaco TX, 78596.
DBE Forms 1, 2, and 3 must be submitted with the Proposal in order to be eligible to receive a
contract award. If there are sub-contractors listed, the sub-contractor must fill out DBE Form 3.
The Proposer must provide documentation and explanation as to why the DBE goal as was not
achieved by filling out DBE Form 4.

30
 LRGVDC FORM (A)
DBE FORM 1
PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO FLEET
DBE SCHEDULE OF DBE PARTICIPATION

Name of Proposer: _______________________________

Project:__________________________________________

Project No.: ________________________________

Proposal No:______________________________________

Total Proposal Amount: __________________________

NAME OF DBE ADDRESS TYPE OF WORK DBE SUBCONTRACT

SUBCONTRACTOR (COUNTY, SUBCONTRACTE VALUE
STATE) D
$

$
$
$

$
DBE PARTICIPATION TOTAL VALUE $

The attainment of DBE participation goals for this contract will be measured as a percentage of the total dollar
value of the contract.
The undersigned will enter into a formal agreement with the DBE Subcontractors identified herein for
work listed in this schedule conditioned upon execution of a contract with

31
 LRGVDC
FORM (A) DBE FORM 2
PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO FLEET
DBE SUBCONTRACTOR IDENTIFICATION
(Reproduce as necessary)

I HEREBY DECLARE AND AFFIRM THAT I AM THE (Title - Owner, President, etc.) and duly
authorized representative of (Name of Firm) and I hereby declare and affirm that I am a certified
DBE.

(Signed)

(Printed)

This firm has current DBE certification from the following agencies and/or state(s):

A copy of the current certification letter notifying the firm that it has been DBE certified must be
attached to this form.

32
 LRGVDC
FORM (A) DBE FORM 3
PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO FLEET
LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR
TO: _______________________ (Name of General Contractor Proposing)

PROJECT:
The undersigned intends to perform work in connection with the above project.
The status of the undersigned is confirmed on the attached DBE Contractor Identification (DBE
FORM 2).
The undersigned is prepared to perform the following described work in connection with the above
project:

(Specify in detail, work items or parts thereof to be performed)

at the following price: $ .

The undersigned agrees to enter into a contract with you to perform the above work, if you are
awarded the prime contract.

(Date) (Telephone No.) (Name of DBE Subcontractor)

By:

(Firm Address) (Signature)

Name:

(City and State) (Typed)

Title:

33
 LRGVDC
FORM (A) DBE
FORM 4

RFP - TIRES FOR VALLEY METRO FLEET

UNAVAILABILITY CERTIFICATION

I, ,

of , certify that on the dates below,

I invited the following DBE Subcontractor(s) to Proposal work items to be performed on XXX

DATE OF
REQUEST DBE NAME OF SUBCONTRACTOR ITEMS SOUGHT

The following Subcontractors submitted Proposals, which were not the low responsible Proposal:

34
 LRGVDC FORM (D) - AUTHORIZATION FORM
RFP - PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO FLEET

By signing below the contractor accepts terms and conditions listed in RFP and any addendums. If
bidder does not agree to the terms and conditions, the contractor shall submit a request for
clarifications & modifications prior to proposal due date. Failure to follow this procedure may cause
The LRGVDC to award contract to the next highest contractor due to the added cost LRGVDC may
incur due to the change in Terms and Conditions.
Proposal shall be valid for ninety (90) days from proposal due date.

CONTRACTOR Name: _________________________

Address: _____________________________________

Phone: __________________Email: _______________

Web Site: _____________________

License Registration Number: ________________________

Federal Tax ID number: ______________________________

Signature: __________________________________________

Date _________________

Title: ___________________________________________________

35
 LRGVDC FORM (E) - RATE OFFER
RFP - PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO FLEET
BID FORM
Date ___________________
The undersigned hereby certifies that the locations and construction details of work outlined
in the Plans and Specifications have been personally examined for:
RFP – PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO TRANSIT FLEET
and has read and thoroughly understands the plans and specifications and contract governing the
work included in this improvement and the method by which payment will be made for said work
and hereby proposes to undertake and complete the work included in this improvement in accordance
with said plans, specifications and contract and at the following schedule of rates and prices. The
undersigned Bidder declares that their bid is made with the full knowledge of the kind, quality and
quantity of product to be furnished, and their said bid is stated on the attached proposal page. In
addition the undersigned understands that any condition stated, clarification made to the above, or
information submitted on or with this form, other than requested, will render the Bid unresponsive.
Valley Metro reserves the right to adjust the scope of this work to match available funds.
NOTE:

• Pricing should include all applicable fees.

• Show prices in legible figures (not words) written in ink or typed.

• Where conflict occurs unit price shall prevail.

• Your bid will be considered irregular and will be rejected if:

• The unit price is left blank and a price per unit cannot be determined by
equally dividing into the total price so as to result in a whole number.

• Your bid shall be considered nonresponsive and therefore, void if:

Figures are illegible; and Minimum bid requirements are not met (when applicable).

- CONTINUED ON NEXT PAGE -

36
 Price Proposal

Hourly Labor
Body/Dent Repair $
Painting $
Mechanical/Electrical $
Windshield replacement $

OEM Parts

Percentage discount from manufacturer's list %

Paint Materials Rate $

Name of Paint Manufacturer(s)

(list all)

Towing Fee for vehicle recovery to 510 S. Pleasantview, Weslaco Texas

(unrelated to pick-up or delivery of repaired vehicles)

Small Vehicles Large Vehicles

(less than 28 ft) (28 ft or more)

37
 LRGVDC FORM (F) - CERTIFICATION REGARDING LOBBYING
RFP - PAINT AND BODY REPAIR SERVICES FOR
VALLEY METRO FLEET

The undersigned CONTRACTOR certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or

employee of an agency, a Member of Congress, an officer or employee of Congress, or

any employee of a Member of Congress in connection with the awarding of any

Federal contract, the making of any Federal grant, the making of any Federal loan, the

entering into of any cooperative agreement, and the extension, continuation, renewal,

amendment, or modification of any Federal contract, grant, loan, or cooperative

agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to

any person for making lobbing contacts to an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member

of Congress in connection with this Federal contract, grant, loan, or cooperative

agreement, the undersigned shall complete and submit Standard Form-LLL,

“Disclosure Form to Report Lobbying,” in accordance with its instructions (as amended

by “Government wide Guidance for New Restrictions on Lobbying”. 61 Fed. Reg. 1413

(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with

Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2

U.S.C. 1601, et seq )]

(3) The undersigned shall require that the language of this certification be included in

award documents for all sub-awards at all tiers (including subcontracts, sub grants,

and

38
contracts under grants, loans, and cooperative agreements) and that all sub recipients

shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed

when this transaction was made or entered into. Submission of this certification is a

prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352

(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the

required certification shall be subject to a civil penalty of not less than $10,000 and not

more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited

expenditure or fails to file or amend a required certification or disclosure form shall be

subject to a civil penalty of not less than $10,000 and not more than $100,000 for each

such expenditure or failure. The CONTRACTOR, ,

certifies or affirms the

truthfulness and accuracy of each statement or it certification and disclosure, if any. In

addition, the CONTRACTOR understands and agrees that the provisions of 31 U.S.C. A3801,

et seq., apply to this certification and disclosure, if any.

Signature of CONTRACTOR’s authorized Official

Name and Title of CONTRACTOR’s Authorized Official

Date:

Subscribed and sworn to before me this day of , 20 .

Notary Public in and for the State of , residing in

39
 LRGVDC FORM (G) - STATEMENT OF QUALIFICATIONS
RFP - PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO FLEET
The undersigned is fully authorized to execute this certification on behalf of the contractor and
certifies on the contractors behalf that, to the best of its knowledge, the information presented in this
Statement of Qualifications is a statement of facts and that the contractor has the financial capability
to perform the work which is the subject of this solicitation. The contractor further certifies that it
knows of no person and/or organization conflicts of interest prohibited under federal, state and local
law.
The contractor certifies that Proposal is submitted in accordance with this solicitation and all issued
addenda, and that the contractor agrees to be bound by the same.

CONTRACTOR: _________________________

Signature: _______________________________

Title: _______________________________

Date: _______________________________

40
 LRGVDC FORM (H) - CLIENT REFERENCES
RFP - PAINT AND BODY REPAIR SERVICES FOR
VALLEY METRO FLEET
Please list at least three client references of similar size and/or type of services, including

governmental agencies.

1. Agency/Company Name:

Address:

Contact Person: Phone:

Email: Contract Term: years , months

Description of Work:

Name of Primary Firm Representative:

2. Agency/Company Name:

Address:

Contact Person: Phone:

Email: Contract Term: years , months

Description of Work:

Name of Primary Firm Representative:

3. Agency/Company Name:

Address:

Contact Person: Phone:

Email: Contract Term: years , months

Description of Work:

Name of Primary Firm Representative:

41
 LRGVDC FORM (I) - SUBCONTRACTOR REFERENCES
RFP - PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO FLEET

Please list at least three subcontractor references whom you have worked with in the last year
that may be contracted regarding your business practices and payment for services.

1. Agency/Company Name:
Address:
Contact Person: Phone:
Email: Contract Term: years ,months
Description of Work: _

Name of Primary Firm Representative:

2. Agency/Company Name:
Address:
Contact Person: Phone:
Email: Contract Term: years ,months
Description of Work:

Name of Primary Firm Representative:

3. Agency/Company Name:
Address:
Contact Person: Phone:
Email: Contract Term: years ,months
Description of Work:

Name of Primary Firm Representative:

42
 LRGVDC FORM (J) - NO PARTICIPATION RESPONSE FORM
RFP - PAINT AND BODY REPAIR SERVICES
FOR VALLEY METRO FLEET

When submitting a "No Proposal" mail this completed form to LRGVDC, 301W. Railroad, Weslaco TX,

78596

Project Title: Advertising Sales and Service for Valley Metro Fleet

û Cannot comply with specifications

û Cannot meet delivery requirement
û Does not regularly manufacture or sell the type of commodity involved
û Other (please specify):

Explanation of reason(s) checked:

Check one of the following:

û We do desire to be retained on the mailing list for future procurements of this product.
û We do not desire to be retained on the mailing list for future procurements of this product.

Please state below the firm's Name, Address and Telephone Number:

Name: Phone:

Address:

Signature: Date:

Type or Print Name and Title

43
 LRGVDC FORM (K) - DISBARMENT CERTIFICATION
RFP - PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO FLEET
49 CFR Part 29 - Executive Order 12549

Instructions for Certification

1. By signing and submitting this Proposal or proposal, the prospective lower tier participant
is providing the signed certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal Government, NIRPC may pursue available remedies, including suspension and/or
debarment.
3. The prospective lower tier participant shall provide immediate written notice to NIRPC if at any
time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may
contact NIRPC for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized in writing by NIRPC.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the Non-procurement List issued by U.S. General
Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant
is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered
44
 transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available
to the Federal Government, LRGVDC may pursue available remedies including suspension and/or
debarment.
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier
Covered Transaction"
(1) The prospective lower tier participant certifies, by submission of this Proposal or proposal, that neither it nor its
"principals" [as defined at 49 C.F.R. § 29.105(p)] is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
agency.

(2) When the prospective lower tier participant is unable to certify to the statements in this certification, such
prospective participant shall attach an explanation to this proposal.

Signature of Proposer's Authorized Official

_______________________________________________

Name and Title of Proposer's Authorized Official

_________________________________________________
Date

__________________________________________________

45
 LRGVDC FORM (L) - E-VERIFY
RFP - PAINT AND BODY REPAIR SERVICES FOR VALLEY METRO FLEET

OWNER/LESSEE affirms under the penalties of perjury that it does not knowingly employ an unauthorized alien.

OWNER/LESSEE shall enroll in and verify the work eligibility status of all its newly hired employees through
the Federal E-Verify program as defined in IC 22-5-1.7-3. OWNER/LESSEE is not required to participate should
the Federal E-Verify program cease to exist. OWNER/LESSEE shall not knowingly employ or contract with an
unauthorized alien. OWNER/LESSEE shall not retain an employee or contract with a person that
OWNER/LESSEE subsequently learns is an unauthorized alien.

OWNER/LESSEE shall require its subcontractors, who perform work under this contract, to certify to CITY that
the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor
has enrolled and is participating in the Federal E-Verify program.
OWNER/LESSEE agrees to maintain this certification throughout the duration of the term of this agreement with
LRGVDC and during the term of any subsequent contract with a subcontractor performing work under this
agreement.

LRGVDC may terminate for default if OWNER/LESSEE fails to cure a breach of this provision no later than
thirty (30) days after being notified by LRGVDC.

Signed: _______________ Signed: _________________________

Printed Name: ______________ Printed Name: _____________________

Title: ____________________________ Title: ______________________________

Date:_____________________________ Date: _____________________________

46
 LRGVDC FORM (M) - NON-COLLUSION AFFIDAVIT

STATE OF TEXAS §
§
COUNTY OF
HIDALGO §

By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation,
partnership or institution represented by the signatory or anyone acting for the firm bidding this project has
violated the antitrust laws of this State, codified at Title 2 - Section 15.01, Texas Business and Commerce Code,
or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any
other person engaged in the same line of business, nor has the signatory or anyone acting for the firm,
corporation or institution submitting a bid committed any other act of collusion related to the development and
submission of this bid proposal.

EXECUTED this day of , 20 .

Signature:
Printed Name:
Title:
Company:

SWORN TO AND SUBSCRIBED before me by ,

on the day of , 20 .

Notary Public, State of Texas

Commission Expiration

1. This Affidavit must be filed with the Lower Rio Grande Valley Development Council and be
maintained as part of the permanent procurement record.

47
 LRGVDC FORM (N) - DECLARATION OF CONFLICT OF INTEREST (AFFIDAVIT OF
INTEREST)

STATE OF TEXAS § COUNTY OF HIDALGO §

I, , as an [employee, officer or agent, or

any member of his/her immediate family, a partner or a person or an organization which employs or
may employ in the near future any of these individuals] of the LRGVDC, make this affidavit and state
that I have a financial or other substantial interest in the LRGVDC which may be considered for the award
of [specify contract or procurement].
My interest is as follows:

Upon the filing of this affidavit with the Lower Rio Grande Valley Development Council, I affirm
that I will abstain from any further participation in this [contract or procurement] whatsoever.
EXECUTED this day of , 20 .

Signature:
Printed Name:
Title:
Company:

SWORN TO AND SUBSCRIBED before me by ,

on the day of , 20 .

Notary Public, State of Texas

Commission Expiration

1. This Affidavit must be filed with the Lower Rio Grande Valley Development Council and be
maintained as part of the permanent procurement record.

2. Upon filing the Affidavit, the officer, employee or agent must abstain from participating in the
procurement process pursuant to the ethics policy set forth in Article VII.

48
LRGVDC FORM (O) – ADDENDA ACKNOWLEDGEMENT

In the space provided below, acknowledge receipt of addenda: (if applicable)

Date Received:

#1
#2
#3
#4
#5

49