2023-4600 Jumbo Evans Sports Park Baseball-Softball Fields Turf Installation.pdf

Bid Documents for the

JUMBO EVANS SPORTS PARK

BASEBALL/SOFTBALL FIELDS TURF

INSTALLATION

Comal County, Texas

Bid # 2023-4600

Due Date/Time: October 13, 2023, 2:00 PM

Pre-Bid Meeting: October 5, 2023, 11:00 AM

BID # 2023-4600

COUNTY OF COMAL

STANDARD CONTRACT DOCUMENTS

TABLE OF CONTENTS

DOCUMENT NUMBER: BID # 2023-4600

TITLE: 2023-4500 JUMBO EVANS SPORTS PARK BASEBALL/SOFTBALL FIELDS TURF

INSTALLATION

INTRODUCTORY INFORMATION

Title Page TOC Table of Contents 100-A Acknowledgement Form

BIDDING REQUIREMENTS, CONTRACT FORMS, & CONDITIONS OF THE CONTRACT

Pre-Bid Information 100-B Invitation to Bids

Instructions to Bidders 100-C Instructions to Bidders

Bid Forms Agreement Form 200 Bid Form 300 Agreement 200-A Conflict of Interest Questionnaire 200-B Bidder Affirmation Bonds and Certificates 200-C Non-Collusion/Anti-Trust Affidavit 400-A Performance Bond Sample 200-D Tax Record and Family Code Requirements 400-B Payment Bond Sample 200-E References 400-C Certificate of Insurance 200-F Certificate of Eligibility Sample 200-G Subcontractor List 200-H Contractor Compliance Form Gov Code 2252 General Conditions 200-I DBE Form (if applicable) 500 General Conditions 200-J Form 1295 Certificate of Interested Parties 500-A Supplemental General 200-K House Bill 89 Verification Conditions 200-L Felony Conviction Notification 200-M GC 2252.152 Certification Form 500-B Wage Rates & Payroll 200-N Non-Collusion/Anti-Trust Affidavit Reporting 200-O GC 2274 Certification Form 200-P Certification Regarding Debarment Technical Specifications 200-Q Reservation of Rights 700 Technical Specifications 200-R Signature Form Addenda 800 Addendum (if applicable)

Bidding Requirements, Contract Forms & Conditions of the Contract Acknowledgement Form Section 100-A

COMAL COUNTY BID # 2023-4600 JUMBO EVANS SPORTS PARK

BASEBALL/SOFTBALL FIELDS TURF INSTALLATION

The undersigned affirms that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to price, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. The undersigned further affirms and acknowledges it has received and read all of the bid documents, addenda, and is duly authorized to execute the Contract Documents.

The bid documents are composed of the following:

Section TOC Table of Contents Section 100-A Acknowledgement Form Section 100-B Invitation for Bids Section 100-C Instructions to Bidders Section 200-200-S Forms Section 300 Agreement Section 400-A Performance Bond (Sample) Section 400-B Payment Bond (Sample) Section 400-C Certificate of Insurance (Sample) Section 500 General Conditions Section 500-A Supplemental General Conditions Section 500-B Wage Rates & Payroll Reporting Section 700 Technical Specifications Section 800 Addenda (if applicable)

Documents are to be submitted as outlined in Section 100-C of this bid. The remaining documents are for the information of the bidder and will form the Contract Documents between the successful bidder and the OWNER.

LEGAL NAME OF CONTRACTING COMPANY

CONTACT NAME TITLE

MAILING ADDRESS E-MAIL ADDRESS

CITY STATE ZIP CODE

PHONE NUMBER FAX NUMBER

SIGNATURE PRINT SIGNATURE

*This page must be page 1 of the bid or bid may be rejected*

Invitation To Bid Section 100-B

Following is a summary of information for this Invitation to Bid (ITB). Bidder is cautioned to refer to other sections of the Bid Documents for further details.

The County of Comal, hereafter called OWNER, is requesting sealed written Bids for furnishing all labor, materials, equipment, supervision and performing all Work required for the following Project:

BID NO.: 2023-4600

BID NAME: JUMBO EVANS SPORTS PARK BASEBALL/SOFTBALL FIELDS TURF

LOCATION: 101 Jumbo Evans Parkway, Spring Branch, TX 78070

ESTIMATED BUDGET: $349,949.72

The Work consists of: Installation of artificial turf on baseball/softball fields

Bid Documents are available at https://www.bidnetdirect.com/texas/comalcounty.

Sealed Bids will be received at the Comal County Purchasing Office, 1297 Church Hill Dr., Suite 203, New Braunfels, Texas 78130.

IMPORTANT DATES:

All Bids not received prior to the date and times set forth above will NOT BE ACCEPTED

FOR CONSIDERATION AND WILL BE RETURNED UNOPENED IN ACCORDANCE WITH

STATE LAW.

Bid, performance, and payment bonds, when required, may be executed on forms furnished by OWNER. A bid bond shall be five percent (5%) of the Contract Amount and Performance and Payment bonds shall be issued in an amount of one hundred percent (100%) of the Contract Amount by a solvent surety company authorized to do business in the State of Texas and shall meet any other requirements established by law or by OWNER pursuant to applicable law.

Contract Time is of essence and all Work shall be completed in accordance with the agreed upon completion dates shown on Bid Form, Section 200.

OWNER reserves the right to reject any or all Bids and to waive any minor informality in any Bid or solicitation procedure (a minor informality is one that does not affect the competitiveness of the bidders).

PROJECT MANAGER: Tom Hornseth, P.E.

CONTRACT OFFICER: Jose D. Davila, CPPB

EVENT LOCATION DATE TIME

ITB Issue/Release Date Comal County Purchasing Office September 28, 2023

On-site Pre-Bid Meeting 101 Jumbo Evans Blvd., Spring Branch, TX 78070 October 5, 2023 11:00 AM

Deadline for Questions Submit questions through https://www.bidnetdirect.com/tex as/comalcounty

October 6, 2023 12:00 PM

BID Due/Open Date Comal County Purchasing

Office, 1297 Church Hill Drive, Suite 203, New Braunfels, Texas

October 13, 2023 2:00 PM https://www.bidnetdirect.com/texas/comalcounty

Bidding Requirements, Contract Forms and Conditions of the Contract Instructions to Bidders Section 100-C

1. Preparation of Bid Bid shall state location, description of the proposed Work, type of contract (either lump sum, unit price or any combination thereof) and time in which the Work is to be completed.

Each bidder shall prepare Bid in ink or typed on forms furnished by OWNER or as otherwise specified. Blank spaces for each item in Bid form shall be filled. Bidder shall submit a price for each item in Bid. In case of conflict between unit prices and extensions, unit prices shall govern.

The Bid shall be executed with the complete and correct name of individual, partnership, firm, corporation or other legal entity.

All CONTRACTORS and Subcontractors must be registered to do business with Owner prior to award of a Contract. Prime Contractors are responsible for ensuring that their Subcontractors are registered as vendors with the County of Comal. Registration can be done through the OWNER’s Purchasing web page at https://www.bidnetdirect.com/texas/comalcounty.

First-time bidders are encouraged to attend the Pre-bid Conference, if one is scheduled, to assure their understanding of OWNER’s bidding and contracting requirements. When Pre-bid Conference is mandatory, all bidders are required to attend.

The Owner is a tax-exempt organization as defined by Chapter 11 of the Property Tax Code of Texas. Bid prices shall not include sales tax on materials, supplies, or equipment that are exempt in the performance of the Contract.

Bidder shall be knowledgeable of all Addenda issued and shall acknowledge all Addenda in spaces provided on Bid form. Addenda may be downloaded from https://www.bidnetdirect.com/texas/comalcounty.

Bid shall include all specified items in this section and be submitted in accordance with Item No.

7 below. Any corrections to Bid shall be initialed by person signing Bid before Bid opening.

Bidder shall secure any required services that are defined as professional services under the Professional Services Procurement Act, Chapter 2254 of the Texas Government Code

Persons desiring further information or interpretation of Bid Documents shall make a written request for such information to the purchasing officer no later the date specified in the Bid Documents. The OWNER reserves the right to respond to inquiries less than five days before bid due date. Interpretation of Bid Documents will be made by Addendum only and a copy of each Addendum will be posted to https://www.bidnetdirect.com/texas/comalcounty .

2. Estimates of Quantities (Unit Price Contracts Only) For Unit priced bids, quantities listed in unit price Bid form are to be considered as approximate and will be used only for comparison of Bids. Payment to CONTRACTOR will be made only for actual quantities of Work performed or materials furnished in accordance with Contract, and it is understood that quantities may be increased or decreased as profiled in Section 500, General Conditions.

3. Bid Documents and Site (s) of Work Before submitting a Bid, the bidder shall carefully examine the Bid Documents, site(s) of the proposed Work, soils, and other conditions that may affect the performance of the Work. The bidder shall be satisfied as to character, quality, and quantities of Work to be performed and materials to be furnished. Submission of a Bid shall indicate that the bidder has complied with these requirements.

4. Bid Guaranty All Bids shall be accompanied by a bid guaranty in an amount of not less than five percent (5%) of the total Bid. Bid guaranty shall be made payable to County of Comal, with Power of Attorney attached, issued by a solvent surety authorized under laws of the State of Texas and acceptable to OWNER.

5. Performance and Payment Bonds Performance and payment bonds are required if bid exceeds amount shown below, and each shall be issued in an amount equal to the Contract Amount as security for the faithful performance and/or payment of all Contractors’ obligations under the Contract Documents. Performance and payment bonds shall be issued by a solvent company authorized to do business in the State of Texas and shall meet any other requirements established by law or by OWNER pursuant to applicable law. The cost for Bond premiums must be included in the bid price.

A payment bond is required for contracts over $25,000. A performance bond is required for contracts in excess of $100,000.

6. Consideration of Bid Amount For purpose of award, after Bids are opened and read aloud, the total amount of a lump sum bid, including accepted Bid alternates, will be considered the amount of Bid. If the Bid is a Unit Price Bid, the Bid Amount will be the total of all extended Unit Price lines. Bid tabulations will be made available on the Comal County web site at https://www.bidnetdirect.com/texas/comalcounty.

OWNER reserves the right to reject any or all Bids, award by line, and to waive any minor informality in any Bid or solicitation procedure (a minor informality is one that does not affect the competitiveness of the bidders).

7. Submission of Bid Each Bid, completed and signed by person(s) authorized to bind individual, partnership, firm, corporation or any other legal entity, shall include the following:

(a) One copy of Bid form (Section 200) completed and signed.

(b) Acknowledgment of receipt of Addenda issued in spaces provided in Bid form.

(c) Required bid guaranty.

(d) Forms – completed and signed by authorized representative of bidder.

(e) Copy of Articles of Partnership or Incorporation and resolution, or corporate board minutes empowering signatory to bind bidder, attested by an officer of bidder, if required.

(f) Texas Ethics Commission Certificate of Interested Parties Form 1295 (Electronic Form) https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

(g) Required information indicated in Bid Documents, if applicable.

Bid response shall include all specified items in this section and be placed in an envelope, sealed and clearly identified on the outside as a Bid to OWNER, with bidder’s name and address, and project name and number. Failure to submit Bid in properly marked envelope may subject bidder to disqualification. Bid responses may be mailed or delivered (in person or any business mail carrier of Bidder’s choice) to:

Jose D. Davila, CPPB Director of Purchasing 1297 Church Hill Dr., Suite 203 New Braunfels, Texas 78130

When sent by mail, Federal Express, UPS, Express Mail, or other delivery service, sealed Bid (marked as indicated above) shall be enclosed in an additional envelope clearly identified on outside as a Bid to OWNER with bidder’s name and address, Project name, and Bid date and time. It is the sole responsibility of the Bidder to ensure timely delivery of Bid. The bid is timely delivered when it is received at the COMAL COUNTY PURCHASING OFFICE on or before the “DUE DATE” as defined in Section 100-B, Invitation for Bids. OWNER will not be responsible for failure of service on the part of the U.S. Post Office, courier services, or any other form of delivery service chosen by the Bidder.

Bids will also be accepted electronically at: https://www.bidnetdirect.com/texas/comalcounty . If submitting an electronic response, Bidder is not required to submit in hard copy format; however, Bidder is responsible to confirm solicitation has uploaded to the County’s BIDNET site. Comal County will not accept any late electronic responses because submission did not upload before the Deadline for Submission. Proposals may not be delivered via facsimile or email.

8. Withdrawal of Bid A Bid may be withdrawn by a bidder, provided an authorized individual of the bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids.

9. Rejection of Bids

A. The following will be cause to reject a Bid:

(1) Bids which are not signed.

(2) Bids which are not accompanied by acceptable bid guaranty with Power of

Attorney attached when required.

(3) More than one Bid for same Work from an individual, firm, partnership or corporation.

(4) Reason for believing collusion exists among bidders.

(5) Sworn testimony or discovery in pending litigation with OWNER which discloses misconduct or willful refusal by contractor to comply with subject contract or instructions of OWNER.

(6) Failure to submit post-Bid information within the allotted time(s).

(7) Failure to have an authorized agent of the bidder attend the mandatory Pre-

Bid Conference, if applicable.

(8) Bids received from a bidder who has been debarred or suspended by

OWNER’s Purchasing Officer.

(9) Bids received from a bidder when bidder or principals are currently debarred or suspended by Federal, State or Local governmental agencies.

(Applicable for bid amounts equal to or in excess of $100,000)

B. The following may be cause to reject a Bid:

(1) Failure to acknowledge receipt of Addenda.

(2) Unbalanced unit price Bid. Unbalanced Bid means a Bid that is based on prices which are significantly less than cost for some Bid items and significantly more than cost for others.

(3) Poor performance in execution of work under any previous contract.

(4) Failure to achieve reasonable progress on existing contracts.

(5) Default on previous contracts or failure to execute Contract after award.

(6) Evidence of failure to pay Subcontractors, Suppliers or employees.

(7) Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by OWNER, or incomplete Bids will be considered in non-compliance and may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid.

(8) Bidder owes delinquent property tax in Comal County.

10. Award and Execution of Contract OWNER will process Bids expeditiously. Pursuant 2269 of the Government Code, Comal County will consider the following for award: the purchase price; the experience and reputation of the contractor and the contractor’s goods or services; the quality of the contractor’s goods or services;

the extent to which the goods or services meet the Comal County’s needs; the contractor’s past relationship with the Comal County or any governmental entity; the impact on the ability of the governmental entity to comply with rules relating to historically underutilized businesses; the total long-term cost to the governmental entity to acquire the contractor’s goods or services; safety record, proposed personnel, and any other relevant factor specifically listed in this Bid/Proposal.

Award of Contract will be to the lowest, responsible bidder meeting all requirements of the Bid Documents.

Comal County reserves the right to award this bid by any option or combination of options submitted on Bid From, Section 200 to one contractor.

Award of Contract will occur within the period identified on the Bid form, unless mutually agreed between the parties. Purchasing Agent shall submit recommendation for award to Commissioners Court for those project awards requiring Commissioners Court action.

County Judge or his/her designee will sign contract after award and submission of required documentation by bidder. Contract will not be binding upon OWNER until both parties have executed it. OWNER will process the Contract expeditiously. However, OWNER will not be liable for any delays prior to the award or execution of Contract.

Bid Form Section 200

The undersigned, in compliance with your invitation for bid for construction of the following Project:

2023-4600 JUMBO EVANS SPORTS PARK BASEBALL/SOFTBALL FIELDS TURF

for County of Comal, Texas, having examined the Bid Documents, Drawings and Addenda, the site of the proposed Work and being familiar with all of the conditions surrounding construction of the proposed Project, having conducted all inquiries, tests and investigations deemed necessary and proper; hereby proposes to furnish all labor, permits, material, machinery, tools, supplies and equipment, and perform all Work required for construction of the Project in accordance with the Bid Documents, Drawings and Addenda.

The County reserves the right to separate this project into two phases, or award by any combination of Tables to a single contractor that is most advantageous to the County. Contractor Time of Completion and Price will be taken into consideration for award.

Phase One is shown as Bid Table No. 1.

Phase Two is shown as Bid Table No. 2.

Bid Table No. 1:

For this table, the contractor shall submit pricing reflective of the Requested Time of Completion shown in Bid Table No. 1. If unable to complete by the Requested Time of Completion Contractor shall provide Time of Completion and Bid Amount. Consideration will be given to the lowest responsive bidder meeting all the requirements of the Bid, including the Requested Time of Completion.

Baseball/Softball Field

Requested Time of Completion

Contractor Time of Completion Bid Amount

Field A January 15, 2024 $

Field B January 15, 2024 $

Field E January 15, 2024 $

Total: $

The County reserves the right to include Option/Alternate Bid Tables 1A, and/or 1B, and/or 1C into Phase One of this project however, award is contingent on Contractor Time of Completion and the total amount of funds available.

Option/Alternate Bid Table 1A:

Requested Time of Completion

Contractor Time of Completion Bid Amount

Field C January 15, 2024 $

Total: $

Bid Form Page 1 of 3

Bid Form Section 200

Option/Alternate Bid Table 1B:

Requested Time of Completion

Contractor Time of Completion Bid Amount

Field D January 15, 2024 $

Option/Alternate Bid Table 1C:

Requested Time of Completion

Contractor Time of Completion Bid Amount

Field F January 15, 2024 $

Option/Alternate Bid Table No. 2 (Time Delay for Completion):

Phase Two is shown below as Bid Table No. 2. For this table, the contractor shall submit pricing reflective of the Requested Time of Completion shown in Bid Table No.2.

Requested Time of Completion

Contractor Time of Completion Bid Amount

Field C June 15, 2024 $

Field D June 15, 2024 $

Option/Alternate Bid Table No. 2A:

The County reserves the right to include Option/Alternate Bid Tables 2A into Phase Two of this project. Inclusion of this Option/Alternate Bid Table is contingent on the total amount of funds available.

Requested Time of Completion

Contractor Time of Completion Bid Amount

Field F June 15, 2024 $

In addition to the Bid Response, the Contractor must submit the following:

(a) Product specification sheet(s).

(b) Sample of the turf product to be used.

(c) Provide standard maintenance information schedule/agreement with estimated costs for routine maintenance and repairs for fields of this type and size.

(d) Warranty Information.

BID GUARANTY: Enclosed with this Bid is a bid guaranty meeting the requirements established in Section 200, in the amount of not less than five percent (5%) of the total Bid. Following the Bid opening, submitted Bids may not be withdrawn for a period of SIXTY (60) Calendar Days. Award

Bid Form Page 2 of 3

Bid Form Section 200 of Contract will occur within this period, unless mutually agreed between the parties. The bid guaranty may become the property of the OWNER, or the OWNER may pursue any other action allowed by law, if: bidder withdraws a submitted Bid within the period stated above; bidder fails to submit the required post bid information within the period specified in Section 100, or any mutually agreed extension of that period; or bidder fails to execute the Contract and furnish the prescribed documentation (bonds, insurance, etc.) needed to complete execution of the Contract within ten (10) Calendar Days after notice of award, or any mutually agreed extension of that period.

TIME OF COMPLETION: The undersigned bidder agrees to commence work within fourteen (14) Calendar Days after written notice as specified in a written "Notice to Proceed" to be issued by the OWNER and to finally complete construction of the improvements, as required by the Bid Documents, Drawings and Addenda for the Work within the agreed upon Time of Completion as stated in Bid Table No. 1 and/or Bid Table 1A, and/or 1B, and/or 1C, and/or Bid Table No. 2, and/or 2A after the receipt of materials and the issuance of the written “Notice to Proceed.”

LIQUIDATED DAMAGES: N/A

OWNER reserves the right to reject any or all Bids and to waive any minor informality in any Bid or solicitation procedure (a minor informality is one that does not affect the competitiveness of the bidders). OWNER reserves the right to award by line to lowest responsible bidder if bid price for all lines exceeds budgeted funds.

The undersigned acknowledges receipt of the following addenda:

Addendum No. 1 dated _________________ Received ______________________ Addendum No. 2 dated _________________ Received ______________________ Addendum No. 3 dated _________________ Received ______________________

SECRETARY, *IF BIDDER IS A CORPORATION BIDDER NAME

(Seal) AUTHORIZED SIGNATURE

TITLE

DATE

ADDRESS

TELEPHONE NUMBER / FAX NUMBER

** Please insert as Page 2 of your response. **

Bid Form Page 3 of 3

*Copy of Corporate Resolution and minutes with Certificate of officer of bidder as to authority of signatory be signed and dated no earlier than one week before Bid Date, and attached to this document

CIQ Section 200-A

CIQ Section 200-A

Affirmation Form Section 200-B

COMAL COUNTY

BIDDER AFFIRMATION

This sheet must be completed, signed, and returned by Bidder.

NOTE: FAILURE TO SIGN AND RETURN THIS FORM WITH THE BID DOCUMENT MAY

RESULT IN BID BEING REJECTED OR THE TERMINATION OF ANY RESULTING

CONTRACT OR PURCHASE ORDER.

1. The undersigned agrees this bid becomes the property of Comal County after the official opening.

The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters which may be incidental to the work, before submitting a bid.

The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid will be sixty (60) calendar days unless a different period is noted by the bidder.

2. Bidder affirms that they are duly authorized to execute this Contract, that this company, corporation, firm, partnership or individual has not prepared this bid/offer in collusion with any other bidder, and that the contents of this bid/offer as to prices, terms or conditions of said bid/offer have not been communicated by the undersigned nor by any employee or director to any other person engaged in this type of business prior to the official opening of this bid/offer.

3. Bidder hereby assigns to purchaser any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.

4. Pursuant to §262.076 (a) of the Texas Local Government Code, Bidder, hereby affirms that Bidder:

(Please check all that are applicable)

______ Does not own taxable property in Comal County.

______ Does not owe any ad valorem taxes to Comal County or is not otherwise indebted to Comal County.

If any additional information is required regarding these requirements, please contact The Comal County Purchasing Department PRIOR to execution.

Bidder Affirmation Page 1 of 2

Affirmation Form Section 200-B

BIDDER AFFIRMATION

The undersigned affirms that they have read and do understand the specifications, addendum, bid forms and any attachments contained in this bid package. Failure to sign and return this form will result in the rejection of the entire bid.

BIDDER COMPANY NAME

ADDRESS

CITY STATE ZIP CODE

PHONE EMAIL

BIDDER SIGNATURE DATE

BIDDER PRINTED NAME TITLE

SIGNATURE OF COMPANY OFFICIAL DATE

AUTHORIZING THE BID (If Applicable)

COMPANY OFFICIAL PRINTED NAME TITLE

Corporate Vendors Shall Furnish the Following Information:

WHERE INCORPORATED CHARTER NUMBER

BUSINESS INCLUDED IN A CORPORATE INCOME TAX RETURN? _______YES _______NO

CORPORATION ORGANIZED & EXISTING UNDER THE LAWS OF THE STATE OF________

PARTNERSHIP CONSISTING OF ________________________________________________

INDIVIDUAL TRADING AS ______________________________________________________

PRINCIPLE OFFICES ARE IN THE CITY OF ________________________________________

THIS FORM MUST BE SIGNED AND RETURNED WITH BID.

Bidder Affirmation Page 2 of 2

Non-Collusion/Anti-Trust Affidavit Section 200-C

NON-COLLUSION/ANTI-TRUST AFFIDAVIT

The Company has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response. Failure to sign this document or signing it with a false statement shall void the submitted offer or any resulting contracts.

Neither the Company or the firm, corporation, partnership, or institution represented by the Company or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the offer made to any competitor or any other person engaged in such line of business. The Company’s signature herein assigns to the County any and all claims for overcharges associated with his contract for this project, which arise under the Antitrust Laws of the United States, 15 USCA, Section 1, Et. Seq. (1973).

By signing this proposal, Company certifies that if a Texas address is shown as its address, Company qualifies as a Texas Resident Bidder as defined in Rule 1 TAC 111.2.

RESPECTFULLY SUBMITTED:

AUTHORIZED SIGNATURE

PRINTED NAME

TITLE

COMPANY NAME

COMPANY’S CORPORATE CHARTER NO.

Tax Record/Family Code Section 200-D

TAX RECORD AND FAMILY CODE REQUIREMENTS

The Company's signature herein certifies that the firm is not currently delinquent in the payment of any debt owed to the State of Texas; including but not limited to franchise taxes and child support, property tax, and that any payments due the firm under this contract will be applied to that debt.

Texas Family Code Compliance Requirement:

Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated, and payment may be withheld if this certification is inaccurate. The response includes the names and Social Security Numbers of each person with a minimum of twenty-five percent (25%) ownership of the business entity submitting the response.

Firm Owner(s), Partners, Sole Proprietors, or Share Holder(s) of twenty-five percent (25%) interest:

NAME SSN

NAME SSN

NAME SSN

NAME SSN

RESPECTFULLY SUBMITTED:

AUTHORIZED SIGNATURE

PRINTED NAME

TITLE

COMPANY NAME

COMPANY’S CORPORATE CHARTER NO.

References Section 200-E

CONTRACTOR PROJECTS INFORMATION SHEET

Please list the last three (3) completed construction projects similar in scope, other than Comal County, who can verify your performance as a contractor. Performance includes but shall not be limited to, sales and/or service, delivery, invoicing, and other items as may be required for Comal County to determine your firm’s ability to provide the intended goods or services of this bid. The County prefers references to be from customers for whom your firm has provided the same items (sales and/or services) as those specified in this bid. Inaccurate, obsolete, or negative responses from the listed references could result in rejection of your bid. County reserves the right to reject bids from bidders without experience like that provided in this bid document.

1. ______________________________________________________________________

GOVERNMENT ENTITY/COMPANY NAME

ADDRESS PHONE

CONTACT PERSON TITLE

EMAIL ADDRESS (PRIMARY) EMAIL ADDRESS (SECONDARY)

SCOPE OF WORK

CONTRACT PERIOD ORIGINAL CONTRACT FINAL CONTRACT

AMOUNT AMOUNT

2. ______________________________________________________________________

GOVERNMENT ENTITY/COMPANY NAME

ADDRESS PHONE

CONTACT PERSON TITLE

EMAIL ADDRESS (PRIMARY) EMAIL ADDRESS (SECONDARY)

3. ______________________________________________________________________

GOVERNMENT ENTITY/COMPANY NAME

ADDRESS PHONE

CONTACT PERSON TITLE

EMAIL ADDRESS (PRIMARY) EMAIL ADDRESS (SECONDARY)

Certificate of Eligibility Section 200-F

CERTFICATE OF ELIGIBILITY

By submitting a bid response to this solicitation, the bidder certifies that at the time of submission, he/she is not on the Federal Government’s list of suspended, ineligible, or debarred contractors.

In the event of placement on the list between the time of bid submission and time of award, the bidder will notify the Comal County Purchasing Agent. Failure to do may result in terminating this contract for default.

AUTHORIZED SIGNATURE DATE

PRINT NAME

Sub-Contractors List Section 200-G

SUB-CONTRACTOR’S LIST

Bidders shall list below all work that will be subcontracted under this contract. Provide the company name of all sub-contractors identified by the bid due date in the space provided.

Area to be Subcontracted Company Name/Address of Sub-Contractor Dollar Value

Contractor Compliance Form Gov Code 2252 Section 200-H

CONTRACTOR COMPLIANCE WITH RECIPROCITY ON NON-

RESIDENT BIDDERS

Government Code 2252.002 provides that, in order to be awarded a contract as low bidder, a non-resident bidder must bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident’s principal place of business is located.

A non-resident bidder is a contractor whose corporate offices or principal place of business is outside of the state of Texas. This requirement does not apply to a contract involving Federal funds. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B.

A. Non-resident vendors in ________________________(give state), our principal place of business, are required to be __________ percent lower than resident bidders by state law.

A copy of the statute is attached.

Non-resident vendors in ________________________(give state), our principal place of business, are not required to underbid resident bidders.

B. Our principal place of business or corporate offices are in the State of Texas: ________.

BIDDER:

COMPANY NAME

CITY STATE ZIP CODE

PRINTED NAME

AUTHORIZED SIGNATURE

TITLE

DBE Form Section 200-I

HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) POLICY

I. POLICY STATEMENT

The Comal County Commissioners Court, being the policy development and budgetary control unit of county government, will strive to ensure that all businesses, regardless of size, economic, social or ethnic status have an equal opportunity to participate in the County’s procurement processes. The County is committed to promote full and equal business opportunity for all businesses to supply the goods and services needed to support the mission and operations of county government, and seeks to encourage the use of certified historically underutilized businesses (HUBs) through the use of race, ethnic and gender neutral means. It is the policy of Comal County to involve certified HUBs to the greatest extent feasible in the County’s procurement of goods, equipment, services and construction projects while maintaining competition and quality of work standards. The County affirms the good faith efforts of firms who recognize and practice similar business standards.

II. DEFINITIONS

Historically Underutilized Businesses (HUBs), also known as a disadvantaged business enterprise (DBE), are generally business enterprises at least 51% of which is owned, and the management and daily business operations are controlled by one or more persons who is/are socially and economically disadvantaged because of his or her identification as a member of certain groups, including women, Black Americans, Mexican Americans and other Americans of Hispanic origin, Asian Americans and American Indians.

Certified HUBs includes business enterprises that meet the definition of a HUB and who meet the certification requirements of certification agencies recognized by Comal County.

Businesses include firms, corporations, sole proprietorships, vendors, supplier’s contractors, subcontractors, professionals and other similar references when referring to a business that provides goods and/or services regardless of the commodity category.

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Statutory bid limit refers to the Texas Local Government Code provisions that require competitive bidding for many items valued at greater than $50,000.

III. POLICY GUIDELINES

A. Comal County, its contractors, their subcontractors and suppliers, as well as all vendors of goods, equipment and services shall not discriminate on the basis of race, color, creed, gender, age, religion, national origin, citizenship, mental or physical disability, veteran’s status or political affiliation in the award and/or performance of contracts. All entities doing business or anticipating doing business with County shall support, encourage and implement affirmative steps toward a common goal of establishing equal opportunity for all citizens and businesses of the County.

B. Comal County will use and recognize the State of Texas Historically Underutilized Business certification process in conjunction with the implementation of this policy.

The County may recognize other agencies’ certification processes recognized by the State of Texas. Comal County reserves the right to review the certification status of any vendor applying to do business with the County. The review will be accomplished to determine the validity and authenticity of the vendor’s certification as a HUB.

C. The Commissioners Court may establish HUB target goals. Through a systematic approach of soliciting quotes, bids and proposals from certified HUBs and in compliance with applicable state and federal law this policy will strive to meet those goals.

1. Target goals should consider:

a. The availability of HUB firms within the specific category of goods or services to be procured; and

b. The diversity of the County’s population.

2. The goals should be reviewed and amended periodically.

3. The program may apply to all County procurements including construction and professional services.

4. Particular attention will be given to HUB participation on purchases in excess of the statutory bid limit.

5. Commissioners Court will use good faith efforts to meet the goals of this policy.

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D. Comal County will actively seek and encourage HUBs to participate in all facets of the procurement process by:

1. Utilizing the State of Texas Historically Underutilized Business vendor database.

2. Advertising bids on the County’s website and in the local newspaper.

3. Providing bid notice to minority Chambers of Commerce within Comal County, if applicable.

E. As prescribed by law, the purchase of one or more items costing in excess of the statutory bid limit must comply with the competitive bid process. Where possible, those bids will be structured to include and encourage the participation of HUB firms in the procurement process.

F. A HUB Policy statement shall be included in all specifications. The County will consider the bidder’s responsiveness to the HUB Policy in the evaluation of bids and proposals. Failure to demonstrate a good faith effort to comply with the County’s HUB policy may result in a bid or proposal being considered non-responsive to specifications.

G. The Purchasing Department will actively search the State Comptroller’s HUB vendor list in the quotation process for purchases under the statutory bid limit.

H. Nothing in this policy shall be construed to require the County to award a contract other than to the lowest responsive bidder as required by law. This policy is narrowly tailored in accordance with applicable law.

IV. ADMINISTRATIVE GUIDELINES

A. The Purchasing Office shall serve as the County’s HUB Office with responsibility for the implementation, monitoring and general operations of the HUB policy. The Purchasing Director shall serve as the County HUB Officer.

1. The HUB Officer will establish procedures to implement this policy across the full spectrum of the procurement process. The County HUB Office will periodically review with department head and elected officials regarding procurement opportunities.

2. Managing the policy and training buyers and other County personnel in order to meet County goals will be the responsibility of the HUB Office.

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3. The HUB Office will cooperate with other local government entities to increase HUB participation throughout the county and region. The HUB Office is encouraged to participate in educational and other outreach programs to assist HUB firms.

4. Any complaints and/or recommendations regarding the implementation of this policy will be received and reviewed by the HUB Officer. Further, the HUB Office will audit for compliance to the HUB Policy on eligible projects after award, during the performance of the contract and after completion, while also making any recommendations to Commissioner's Court regarding any irregularities or misrepresentations of facts as they relate to compliance with the policy. The HUB Office will review documentation submitted by HUB firms in compliance with this policy.

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FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY

Disadvantaged Business Enterprises (DBE) are encouraged to participate in Comal County’s bid process. The Purchasing Office will provide additional clarification of specifications, assistance with Bid Proposal Forms, and further explanation of bidding procedures to those DBEs who request it.

Representatives from DBE companies should identify themselves as such and submit a copy of the Certification.

The County recognizes the certifications of the Texas Comptroller of Public Accounts Historically Underutilized Business Program. All companies seeking information concerning DBE certification are urged to contact The Texas Comptroller of Public Accounts at 800-531-5441, extension 3- 6958 or 512-463-6958.

If your company is already certified, attach a copy of your certification to this form and return with bid.

REPRESENTATIVE TITLE

ADDRESS

CITY STATE ZIP CODE

PHONE FAX

EMAIL ADDRESS (PRIMARY) EMAIL ADDRESS (SECONDARY)

Indicate all that apply:

______ Minority-Owned Business Enterprise

______ Women-Owned Business Enterprise

______ Disadvantaged Business Enterprise

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Bidding Requirements, Contract Forms & Conditions of Contract Form 1295 Section 200-J

CERTIFICATE OF INTERESTED PARTIES FORM 1295

Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

OFFICE USE ONLY

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.

Name of Interested Party

City, State, Country (place of business)

Nature of Interest (check applicable)

Controlling Intermediary

5 Check only if there is NO Interested Party.

6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.

Signature of authorized agent of contracting business entity

AFFIX NOTARY STAMP / SEAL ABOVE

Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office.

Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath

Must file this form online at www.ethics.state.tx.us/File

Please include a printed copy of this notarized form with bid response.

http://www.ethics.state.tx.us/File

House Bill 89 Verification Section 200-K

HOUSE BILL 89 VERIFICATION

NOTE: FAILURE TO SIGN AND RETURN THIS FORM WITH BID RESPONSE MAY RESULT IN YOUR BID BEING REJECTED

This verification must be completed, signed, and returned by Bidder unless the business is a sole proprietorship or has less than 10 full time employees. Please sign and date below if you are exempt from this requirement.

1. I certify my business is a sole proprietorship or has less than 10 full time employees.

DATE SIGNATURE OF COMPANY REPRESENTATIVE

If #1 is not applicable to your company, please move to #2 below.

2. I, ___________________________________(Name), the undersigned representative of (Company Name and Address)__________________________________________________ (hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:

1. Does not boycott Israel currently; and

2. Will not boycott Israel during the term of the contract the above-named

Company, business or individual with Comal County, Texas.

Pursuant to Section 2270.001, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

DATE SIGNATURE OF COMPANY REPRESENTATIVE

On this, the _____ day of ___________________, 20____, personally appeared ________________________________________, the above-named person, who after by me being duly sworn, did swear and confirm that the above is true and correct.

NOTARY SEAL _____________________________

NOTARY SIGNATURE

THIS FORM MUST BE SIGNED AND RETURNED WITH BID

Felony Conviction Notification Section 200-L

FELONY CONVICTION NOTIFICATION

Any person and/or business entity that enters into a contract with the Comal County must give advance notice if any employee or an owner or operator of the business entity has been convicted of a felony.

The notice must include a general description of the conduct resulting in the conviction of a felony.

The notice must also describe the role that the employee, owner, or operator will perform in executing the contract.

Comal County may require substitution of employees in the performance of the contract. Comal County may terminate a contract with a person or business entity if the County determines that the person or business entity failed to give notice as required by this clause, misrepresented the conduct resulting in the conviction, or failed to substitute personnel at the County’s request.

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

Signature of Authorized Company Official Date

Authorized Company Official’s Name and Title (Printed)

Firm Name

A. My firm is not owned or operated by anyone who has been convicted of a felony nor does it have any employees who have been convicted of a felony:

B. My firm has employee(s) or is owned or operated by the following individual(s) who has/have been convicted of a felony:

Person 1 Person 2

C. Provide a general description of the conduct resulting in the conviction of a felony.

D. Describe the role that the person(s) convicted of a felony will play in the performance of the contract.

GC 2252.152 Certification Form Section 200-M

GC 2252.152 CERTIFICATION FORM

CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN,

SUDAN, OR FOREIGN TERRORIST ORGANIZATIONS PROHIBITED -

CERTIFICATION

I, _______________________________________________, the undersigned representative of

(Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section

807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the Comal County Purchasing Office.

SIGNATURE OF COMPANY REPRESENTATIVE

NAME OF COMPANY REPRESENTATIVE (PRINT)

TITLE

DATE

Non-Collusion/Anti-Trust Affidavit Section 200-N

NON-COLLUSION/ANTI-TRUST AFFIDAVIT

The Company has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response. Failure to sign this document or signing it with a false statement shall void the submitted offer or any resulting contracts.

Neither the Company or the firm, corporation, partnership, or institution represented by the Company or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the offer made to any competitor or any other person engaged in such line of business. The Company’s signature herein assigns to the County any and all claims for overcharges associated with his contract for this project, which arise under the Antitrust Laws of the United States, 15 USCA, Section 1, Et. Seq. (1973).

By signing this proposal, Company certifies that if a Texas address is shown as its address, Company qualifies as a Texas Resident Bidder as defined in Section 2252.001, Texas Government Code.

SIGNATURE OF COMPANY REPRESENTATIVE

NAME OF COMPANY REPRESENTATIVE (PRINT)

TITLE

COMPANY’S CORPORATE CHARTER NO.

GC 2274 Certification Form Section 200-O

GC 2274 CERTIFICATION FORM

FIREARM ENTITIES AND TRADE ASSOCIATIONS

DISCRIMINATION CERTIFICATION

I, _______________________________________________ the undersigned representative of

(Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2274 verify that this company or business (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association; (3) does not boycott energy companies; and (4) will not boycott energy companies during the term of the contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

APPLICABILITY: This clause applies only to a contract that:

(1) is between a governmental entity and a company with at least 10 full-time employees; and

(2) has a value of at least $100,000 that is paid wholly or partly from public funds of the governmental entity.

SIGNATURE OF COMPANY…