24-301 RFP - Complete for Release.pdf

CITY OF BUDA

SOLICITATION #24-301

REQUEST FOR PROPOSALS

COUNCIL CHAMBER SCREEN REPLACEMENT

Released on 9/18/2024

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SOLICITATION# FY24-301

COUNCIL CHAMBER SCREEN REPLACEMENT

Issued by the City of Buda, Texas

Sealed Proposals will be accepted until 2 PM CT, October 10, 2024 and then publicly opened and read aloud thereafter.

Legal Name of Responding Firm SAM.GOV ID#

Contact Person Title

Telephone Number E-Mail Address

Street Address of Principal Place of Business City/State Zip

Complete Mailing Address City/State Zip

Proposer Acknowledgment of Addenda: #1_______ #2 _______ #3 _______ #4 _______ #5 _______

Proposer Acknowledgment of ADA ATTACHMENT V: _______

By signing below, you hereby certify that the information contained in this submittal and any attachments is true and correct and may be viewed as an accurate representation of proposed goods or services to be provided by this organization. You agree that failure to submit all requested information may result in rejection of your company’s submittal as non-responsive. You certify that no employee, board member, or agent of the City of Buda has assisted in the preparation of this submittal. You acknowledge that you have read and understand the requirements and provisions of this solicitation and that the organization will comply with the regulations and other applicable local, state, and federal regulations and directives in the implementation of any awarded contract. And furthermore, that you certify that you are legally authorized to sign this offer and to submit it to the City of Buda, on behalf of said offeror by authority of its governing body.

Authorized Signature

Note: Complete and submit this page as the cover of your proposal.

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A. Introduction

1. Project Overview: The City of Buda is issuing a Request for Proposals (RFP) with the intent of awarding a contract to a firm to provide a turkey screen replacement service in our City Hall’s council chamber as described in Appendix A.

2. Contract parties: The City of Buda, herein shall be referred to as “the City”. The person or company responding to the solicitation may herein be referred to as the “Offeror”.

3. Questions:

i. Clarifications: All questions related to requirements or processes of this solicitation should be submitted in writing to purchasing@budatx.gov before the deadline for questions as stated in the schedule in Appendix A.

ii. Replies: Responses to inquiries that directly affect an interpretation or effect a change to this RFP will be issued in writing by addendum. All such addenda issued by City before the submittal deadline shall be considered part of the RFP. The City will not be bound by any reply to an inquiry unless such reply is made by such formal written addendum.

iii. Acknowledgement of Addenda: The Offeror must acknowledge all addenda by signing and returning such document(s) or by initialing appropriate area of cover page of the RFP. Failure to do so may result in disqualification of the proposal submitted.

4. Notification of Errors or Omissions: Offerors shall promptly notify the City of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFP. The City shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous.

5. Conflict of Interest Questionnaire (Form CIQ): Per Chapter 176 of the Texas Local Government Code, a vendor who submits to the City of Buda a response to a request for proposals or bids, shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity that meets the conditions of the statute.

If Offeror falls under the requirements of Chapter 176, and submits a proposal in response to this RFP, a conflict-of-interest questionnaire (Attachment II) should be completed and included with the proposal. The form is also available at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor.

6. Form 1295 Certificate of Interested Parties: If selected for award of a contract, the Offeror may be requested to file a Form 1295 with the Texas Ethics Commission. Texas law states that a governmental entity or state agency may not enter certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity.

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mailto:purchasing@budatx.gov https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

B. General Information

1. Tax Exempt Status: City purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in any cost proposals negotiated as part of this solicitation. City will furnish a sales Tax Exemption Certificate upon request.

2. Public Inspection of Proposals: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of solicitation information. Responses to solicitations are not available for public inspection until after the contract award. If the offeror has notified the city, in writing, that a response to the solicitation contains trade secrets or confidential information, the city will generally take reasonable steps to prevent disclosure of such information, in accordance with the Texas Public Information Act. This is a proposal of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City’s failure to take any such reasonable steps, even if the City is negligent in failing to do so.

C. Proposal Withdrawals and Solicitation Amendments

1. Withdrawal: The City reserves the right to withdraw this solicitation for any reason.

2. Addenda: The City reserves the right to amend any aspect of this solicitation by issuing a formal written addendum prior to the solicitation submittal deadline. Addenda will be posted on the bid distribution services where the solicitation has been posted by the City. However, it is the vendor’s responsibility to check for any addenda that may be issued for this solicitation. Please acknowledge receipt of addenda by checking the appropriate spaces on the cover sheet of this solicitation.

D. Submittal Instructions

1. Proposal Submission: Please follow the directions below. Failure to follow these submission instructions may result in disqualification of your proposal.

Submit one (1) signed original paper copy, bound by clip only, and delivered in a sealed package to the following physical address:

City of Buda Attn: Purchasing Bid Box Buda City Hall 405 E. Loop Street, Building 100 Buda, TX 78610

• After 2 PM and before 5 PM, on the opening date, you are asked to email a copy of the signed original in PDF format to purchasing@budatx.go. This emailed PDF copy DOES NOT serve as a substitute for the signed original paper copy. Failure to submit a signed original paper copy before the acceptance deadline stated at the top of page 2 of this solicitation document will disqualify the firm from consideration for this solicitation. Submittal of the PDF copy is strictly voluntary courtesy and failure to submit one will not disqualify the firm from consideration.

IMPORTANT: Write “SEALED PROPOSAL” with the Solicitation Number, Name, and Due Date on the outside of the shipping package. Failure to do so may result in a misdirected package, which may become late if not delivered to the Purchasing Bid Box by the solicitation closing time. Faxed, emailed or late proposals will be ineligible and not accepted for consideration. It is the responsibility of the offeror(s) to ensure that the proposals are received at the City address as described above by the designated due date and time. City assumes no responsibility for delays caused by postage, mail courier, email, package misdirection or any other form of

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mailto:purchasing@budatx.go delivery. Late proposals will not be opened, returned nor considered in the evaluation of the proposal.

Proposals may be withdrawn at any time prior to the submittal deadline, but they may not be withdrawn after the official opening. Proposals received will be publicly opened after the solicitation closing time at the address above. People wishing to attend the opening should notify the City Hall receptionist upon arrival. A staff member will escort attendees to the opening location. Only the names of the offeror(s) submitting a proposal will be read aloud. No other information will be disclosed at that time. Proposal information is restricted and not publicly available until after award of a contract. All documents associated with the proposal submitted, unless the offeror indicates a portion of the proposal is proprietary, may be subject to public inspection in accordance with the Public Information Act. All information obtained during this solicitation will become property of the City of Buda.

2. Submittal Packet – Required Content: All documents for consideration as part of the proposal must be physically submitted to the City on or before the closing time. Packets will be date stamped at time of receipt. The City does reserve the right to request additional information during the evaluation process, including Best and Final Offers from those offerors submitting proposals considered reasonably qualified.

3. Submittal Deadline: The deadline for submittal of responses to the RFP shall be as identified on the cover page of this RFP. It is the Offeror’s responsibility to have their proposal physically submitted by the deadline. No extensions will be granted, and no late submissions will be accepted.

4. Responses Received Late: Offerors are encouraged to submit their response to the RFP as soon as possible.

The time and date of receipt as recorded with Purchasing Manager or designated receiver shall be the official time of receipt. The City is not responsible for late submission regardless of the reason.

5. Alterations or Withdrawals of Proposal: Any submitted proposal to the RFP may be withdrawn or a revised proposal may be substituted before the RFP submittal deadline. Proposals cannot be altered, amended, or withdrawn by the Offeror after the submittal deadline, unless such alteration, amendment, or withdrawal notice is approved in writing by the Purchasing Manager, or is in response to a Best and Final Offer request by the City.

6. Proposal Format: See instructions in Appendix B.

7. Public Information: The requirements of Subchapter J, Chapter 552, Government Code, may apply to this solicitation and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

E. Evaluation and Award

1. Completeness: If a response to the RFP is incomplete or otherwise fails to conform to the requirements of the RFP, City alone will determine whether the variance is so significant as to render the Offer’s proposal non-responsive, or whether the variance may be cured by the Offeror or waived by the City, such that the response to the RFP may be considered for award.

2. Ambiguity: Any ambiguity in the response to the RFP as a result of omission, error, lack of clarity or non-compliance by the Offeror with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFP requirements and details provided in Appendices A & B, the Appendices shall prevail.

3. Additional Information: City may request any other information necessary to determine Offeror’s ability to meet the minimum standards required by this solicitation.

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http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552.371 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552

4. Evaluation and Contract Award Process: The City’s intent is to award a contract to the responsible offeror whose proposal is determined to be the most advantageous to the City considering the relative importance of price and the other evaluation factors included in Appendix B (1) (B) of this solicitation.

5. Unit Prices and Extensions: If unit prices and their extensions are submitted in a proposal and do not coincide, the unit price shall govern.

6. Contract Award: An award of a contract to provide the services specified herein will be made in accordance with the Texas statute, federal regulations (when applicable) and with the City’s purchasing policy. The City will evaluate and rank all responses received. Discussions in accordance with the terms of a request for proposals and with regulations adopted by the governing body of the municipality may be conducted with offerors who submit proposals and who are determined to be reasonably qualified for the award of the contract. Offerors may be provided an opportunity for discussion and revision of proposals through a Best and Final Offer (“BAFO”) process after proposals have been evaluated and before the award of the contract.

The acceptance and award of a contract is subject to approval by the City executive/and or City Council.

7. House Bill 89 Verification Form: Passed by the Legislature in 2017, House Bill 89 prohibits a governmental entity, including a school district, from entering into a contract for goods or services with a company unless the contract contains a written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract (Texas Government Code 2270.002). The form must be completed and included in the Offeror’s response, unless exempted by the statute, in order to ensure compliance with House Bill 89. Failure to enclose a verification form may result in Offeror’s response being deemed non-responsive.

8. Disclosure Requirements for Vendors (Conflict of Interest Questionnaire Form CIQ): Per Chapter 176 of the

Texas Local Government Code a vendor who submits a response to a request for proposals or bids to the City of Buda shall file a completed conflict of interest questionnaire with the City.

9. Form 1295 Certificate of Interested Parties: If selected for award of a contract, the Offeror may be required to file a Form 1295 with the Texas Ethics Commission. Texas law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity. The City will notify the vendor to request the filing when necessary.

10. Anti-Terrorism Disclosure: Texas S.B. 252 provides that (1) the City may not enter into a governmental contract with a Provider that is identified on a list prepared and maintained by the comptroller and that does business with Iran, Sudan, or a foreign terrorist organization; and (2) a company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to contract prohibition under this subchapter.

11. Contract: Upon successful completion of revision negotiations, the City will submit to the successful offeror a a contract for execution. The City of Buda will offer for execution its standard form of agreement with the successful firm chosen for award. No vendor contracts will be accepted. By submitting a proposal in response to this RFP, the offeror understands and accepts this requirement and that failure to execute the City’s contract may result in rejection of the offeror’s submitted proposal.

12. Partial Contract Award: City reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to different Offerors based on the responses to this RFP, or to reject any and all responses to the RFP and re-solicit the RFP, when deemed to be in the best interest of City.

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13. Required Representations:

a. Required Licenses: Offeror certifies that he holds any and all applicable licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein.

b. Authority to Submit Response and Enter Contract: The person signing on behalf of Offeror certifies that the signer has authority to submit a proposal on behalf of the Offeror and to bind the Offeror to any resulting contract.

14. Insurance Requirements: The City has the following financial responsibility provisions:

a. Insurance: The Offeror certifies, consistent with its status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require:

i. Worker’s Compensation and Employer’s Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas;

ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis;

iii. Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage.

b. The awarded firm will be required to provide a current certificate of insurance to the City prior to execution of any agreement.

c. The City of Buda must be endorsed as a named additional insured to the applicable policies.

F. Evaluation Process All submissions in response to this solicitation will be evaluated in a manner consistent with the City’s applicable rules and policies.

A proposal review committee will be assembled to perform the evaluations. In the evaluation process, the evaluation committee will review all proposals that have been received before the solicitation due date. Nonresponsive submissions (those not conforming to the solicitation requirements) will be eliminated. Each respondent bears sole responsibility for submitting all requested information with their proposal. The City reserves the right to disqualify any submission that includes significant deviations or exceptions to the terms, conditions, and/or specifications in this solicitation.

Once proposals have been submitted, the City evaluates the proposals and determines which of those are determined to be reasonably qualified for award. Those so determined will be reviewed and scored. Best and final offers ("BAFO") for those reasonably qualified may be obtained by allowing the submission of a BAFO before the final decision is made to award a contract.

The City reserves the right to be the sole judge as to the overall acceptability of any submission or to judge the individual merits of specific provisions within competing offers.

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G. Cooperative Governmental Purchasing Note: The successful bidder to be awarded the contract under this solicitation has the right to opt out of this section by indicating as such on the contract to be executed between the successful bidder and the City of Buda.

Other governmental entities which have executed interlocal agreements with the City of Buda may desire to purchase goods or services defined in this solicitation from the awarded contractor. Those entities may utilize the contract awarded by the City of Buda upon agreement between the entity and the awarded contractor. Each entity will place their own orders directly with the contractor. All purchases by those entities will be billed by the contractor directly to the entity and payment to the contractor shall by paid directly to the contractor. The City of Buda will not be responsible for another governmental entity’s debts. Each governmental entity will be responsible for ensuring full compliance with the contract specifications.

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Appendix A – Scope of Work & Specifications

A. Summary of Service

This project aims to replace the video wall in our council chambers with a single 163" screen that offers higher resolution, better color accuracy, and easier maintenance. The current setup consists of a 3x3 video wall composed of nine individual screens. In summary, this is a turnkey project consisting of the removal of 9 existing screens and the installation of a 163” screen that the city will be purchasing from the contractor.

B. Pre-Proposal Conference

A non-mandatory pre-proposal conference will be held at Buda City Hall, 405 E. Loop Street, Buda, Texas 78610 at 2:00 PM CST, October 1, 2024 in Multipurpose Room 1034.

C. Scope of Work

1. Site Assessment and Planning

• Conduct a detailed site survey to assess the current video wall setup, including mounting structure, electrical connections, and environmental conditions.

• Determine the specific requirements for the new 163" screen, including resolution, connectivity, and integration needs.

• Develop a design plan for the new screen installation, including mounting specifications, cable management, and integration with existing systems.

2. Procurement

• Source a 163" screen that meets the project's specifications, including resolution, brightness, and connectivity options.

• Procure any necessary equipment for installation, such as mounting brackets, cables, and connectors.

2.1 Removal of Existing Video Wall

• Remove the video wall screens and associated hardware.

2.2 Installation of New Screen

• Install the 163" screen using appropriate mounting hardware and techniques to ensure stability and safety.

• Connect the new screen to existing video sources and control systems.

• Calibrate the screen for optimal display quality, including brightness, contrast, color accuracy, and resolution.

2.3 Integration and Testing

• Conduct testing to ensure the screen functions correctly with all connected systems.

• Provide training for end-users on how to operate and maintain the new screen.

2.4 Documentation

• Provide detailed documentation, including installation diagrams, configuration settings, and maintenance instructions.

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2.5 Support

• Provide hardware warranty support for the screen post installation

• Provide or offer technical support of up to 10 hours for any issues that may occur with screen or the connection to the control room.

3. Deliverables

• Complete installation of a single 163" screen.

• Detailed installation and user documentation.

• Training session for end-users.

• Final project report, including any issues encountered and resolutions.

4. Timeline

• Upon the award and execution of a contract, notice to proceed will be provided within 30 calendar days.

• This project should be performed in full within 40 calendar days. This factors in screen procurement. Any deviations to this timeline shall be brought to the attention of the project manager immediately.

5. Assumptions and Constraints

• The existing infrastructure is capable of supporting the new screen's size and weight. No major structural modifications are needed.

The above image pictures the existing screens, podium and council seating area. This picture was taken several steps behind the podium.

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The above picture provides some more clarification regarding the space as a whole and working area for the contractor. This picture was taken from the back right of the council chambers.

The above image outlines the working area available for the project. There is enough space for ladders when the council chairs are moved. This image was taken in the council seating area, on the right of the existing screens. There is no apparent feasibility for scissor lift accessibility.

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This image was taken directly below the screens. 9 screens in a 3x3 layout as described above can be viewed clearly here.

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Appendix B – Proposal Preparation

A. Required Information The offeror’s proposal response to this solicitation must include information addressing all criteria listed in this Appendix for the submittal to be considered complete and to be fully evaluated by the City.

To facilitate the efficient review of the responses, offerors shall follow the instructions under the section titled Submission Format. The intent of the format requirements is to expedite review and evaluation. It is not the intent to constrain offerors regarding content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange your proposal as requested may result in the disqualification.

Your proposal should be prepared in an easy to review format. Attach the documents requested below at the rear of the proposal. The response should be prepared as a straightforward concise description of a offeror’s ability to meet the requirements of this solicitation. Emphasis should be placed on completeness and clarity of content. It is strongly recommended that the offeror exactly follow the content order identified in this section of the RFP, as well as use the RFP Evaluation and Award criteria for presenting general and specific qualifications.

B. Submission Format Please refrain from adding unnecessary artistic enhancements to your submittal. They will not improve your score and are simply a waste of resources.

In order for a response to this RFP to be considered complete, and to be evaluated for a contract award by the City, offeror must submit all of the following information:

1. Cover Sheet The cover page of your proposal shall be completed page 2 of this solicitation document.

2. Key Personnel Identify the rideshare company representative or independent consultant responsible for program implementation. Identify any subcontractors or third-party services that are utilized in the performance of fulfilling your proposal. Provide a general explanation and chart which specifies project leadership and reporting responsibilities, and how the team will interface with the City’s project management and team personnel.

3. Technical Proposal This section should constitute the major portion of the submittal. Provide a narrative of the proposer’s approach to the project and a statement of understanding. Include specific responses to the requirements outlined in Appendix A–Scope of Work.

The City encourages respondents to be creative when developing their proposals for the requested goods and or service(s).

4. Experience and Qualifications Provide information about the history of your company and detailing your experience in performing similar or same services and what professional qualifications or industry certifications the firm possesses to do the work requested.

5. Cost Proposal Attach your detailed cost proposal for the goods/services offered as well as the “Lump Sum Proposal Cost Sheet” on page 17.

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6. References Offerer shall provide three (3) references where Offerer has performed similar to or the same types of goods/services as described herein. Please provide the client contact information including phone and email, project description and date the work was performed.

7. Local Certifications Please complete Attachments I-V and return all with your proposal.

8. Acknowledgments Please provide necessary Addenda and ADA acknowledgments on page 2 of this RFP document.

9. Federal Funding Requirements Please submit signature of the “Federal Funding Requirements” document with your proposal, along with the inclusion of your entity’s SAM.GOV ID number. The City intends to fund this purchase with federal funds, thus requires these items from proposers for federal funding compliance.

C. Key Events Schedule Pre-Proposal Conference Deadline for Submittal of Written Questions Sealed Response to RFP Due to & Opened by City Anticipated Committee Review & Scoring Anticipated Award Date

2 PM CST October 1, 2024 2 PM CST October 2, 2024 2 PM CST October 10, 2024 October 2024 October - November 2024

D. Proposal Evaluation Criteria

RFP Scoring Criteria Scoring Points Available

Proposed Pricing 40

Experience and Qualifications 30

Technical Proposal 20

References 5

Historically Underutilized Business Status 5

TOTAL AVAILABLE POINTS 100

The proposals will be reviewed by an evaluation committee. The City reserves the right to use all pertinent information (including that learned from sources other than the proposal submitted) that might affect the City’s judgment as to the appropriateness of an award.

The City reserves the right to waive any irregularities, request additional information from any offeror, reject any offeror or cancel the entire process should it be deemed in the City’s best interest.

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This solicitation does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a proposal. All finalist(s) shall pay their own costs incurred in preparing for their submittal, including any site travel.

E. Solicitation Location

This RFP solicitation package is available electronically at the following websites:

• www.bidnet.com

• www.publicpurchase.com

Addenda will be offered only through these procurement websites.

F. Contracting The successful offeror will be required to sign the City of Buda’s standard General Services Contract. Failure to sign this contract as presented may result in the termination of negotiations, causing the City to negotiate with the next highest rated firm. A copy of this contract has been attached to this RFP document.

G. Contact No offeror shall directly or indirectly engage in any conduct (other than the submission of the proposal or invited discussions during evaluation) to influence any employee or elected official of the City of Buda concerning award of a contract as a result of this solicitation. Violation of this policy will result in debarment from participation in future City solicitations or contracts.

H. Confidentiality of Documents ALL PROPOSALS SUBMITTED WILL BE SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT. In the event a request for public information is filed with the City, which involves a Firm or Individual’s proprietary information submitted to the City in a proposal, the Firm or Individual affected by such public information request will be notified by the City of the request in order to give the affected Firm or Individual an opportunity to respond to the request. On each page where confidential information appears, the Firm or Individual must label the confidential information. Failure to so label the confidential information shall be considered as a waiver of any confidentiality rights or interests by said Firm or Individual.

Note: Marking your entire Proposal of Qualifications CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act.

I. Award of the Contract The City reserves the right to reject all proposals received and terminate the solicitation process at any time.

J. Non-Appropriations Clause In the event no funds are appropriated by the City Council for this project in a future fiscal year, the City of Buda has the right to terminate any resulting contract without penalties of any sort.

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http://www.bidnet.com/ http://www.publicpurchase.com/

Lump Sum Proposal Cost Submit the Lump Sum Proposal Cost hereafter as referenced in Appendix B, B5

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SOLICITATION# FY24-301

LUMP SUM PROPOSAL COST

Please provide a lump sum cost of your proposal below. This is in addition to the requested detailed cost proposal as described in Appendix A.

Total Price: ____________________________

By signing below, you hereby certify that the information contained in this submittal and any attachments is true and correct and may be viewed as an accurate representation of proposed goods or services to be provided by this organization. You agree that failure to submit all requested information may result in rejection of your company’s submittal as non-responsive.

You certify that no employee, board member, or agent of the City of Buda has assisted in the preparation of this submittal. You acknowledge that you have read and understand the requirements and provisions of this solicitation and that the organization will comply with the regulations and other applicable local, state, and federal regulations and directives in the implementation of any awarded contract. And furthermore, that you certify that you are legally authorized to sign this offer and to submit it to the City of Buda, on behalf of said offeror by authority of its governing body.

Authorized Signature

Note: Complete and submit this page as part of your proposal.

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Federal Funding Requirements Sign and submit the Federal Funding Requirements acknowledgment hereafter as referenced in Appendix B, B9

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1. Federal Funding Requirements

The City may choose to fund any part of the expenditures made under this solicitation with federal funds. Therefore, the offeror awarded a contract from this solicitation will be subject to compliance with the provisions of 2 CFR 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST

PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS, including but not limited to:

A. Da–vis-Bacon Act. If applicable, offeror agrees to comply with all applicable provisions of 40 USC §

3141- 3148.

B. Contract Work Hours and Selection Standards. Offeror agrees to comply with all applicable provisions of 40 USC § 3701 – 3708 to the extent this agreement indicates any employment of mechanics or laborers.

C. Rights to Invention Made Under Contract or Agreement. Offeror agrees to comply with all applicable provisions of 37 CFR Part 401.

D. Clean Air Act, Federal Water Pollution Control Act, and Energy Policy Conservation Act. Offeror agrees to comply with all applicable provisions of the Clean Air Act under 42 USC § 7401 – 7671, the Energy

Federal Water Pollution Control Act 33 USC § 1251 – 1387, and the Energy Policy Conservation Act under 42 USC § 6201.

E. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR

180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award

Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive

Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

This certification is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 93, Government-wide Debarment and Suspension, for the

Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of

Education (34 CFR Parts 85, 668, 682), Department of Health and Human Services (45 CFR Part 76).

The undersigned certifies, to the best of his or her knowledge and belief, that both it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency;

2. Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction, violation of federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false Proposals, or receiving stolen property;

3. Are not presently indicated for or otherwise criminally or civilly charged by a government entity with commission of any of the offense enumerated in Paragraph (2) of this certification; and,

4. Have not within a three-year period preceding this contract had one or more public transactions terminated for cause or default.

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Where the prospective recipient of federal assistance funds is unable to certify to any of the qualifications in this certification, such prospective recipient shall attach an explanation to this certification form.

F. Procurement of Recovered Materials. Per 2 CFR §200.323, the awarded contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery

Act. The requirements of Section 6002 include procuring only items designated in guidelines of the

Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

G. Restrictions on Lobbying. Offeror is prohibited from using monies for lobbying purposes; Offeror shall comply with the special provision “Restrictions on Lobbying” as follows:

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

1. No federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an officer or employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal loan, the entering into of any cooperative

Contract, and the extension, continuation, renewal, amendment, or modification or any federal contract, grant, loan, or cooperative contract; and

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence 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, and or cooperative contract, the undersigned shall complete and submit

Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with the instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers and that all sub-recipients shall certify accordingly.

H. Drug-Free Workplace. Offeror shall provide a drug free workplace in compliance with the Drug Free

Workplace Act of 1988.

This certification is required by the Federal Regulations Implementing Sections 5151-5160 of the Drug-

Free Workplace Act, 41 U.S.C. 701, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Parts 85, 668 and 682), Department of

Health and Human Services (45 CFR Part 76).

The undersigned subcontractor certifies it will provide a drug-free workplace by:

• Publishing a policy Proposal notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the consequences of any such action by an employee;

• Establishing an ongoing drug-free awareness program to inform employees of the dangers of drug abuse in the workplace, the subcontractor’s policy of maintaining a drug-free workplace, the availability of counseling, rehabilitation and employee assistance programs, and the penalties that

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https://www.ecfr.gov/current/title-40/part-247 may be imposed on employees for drug violations in the workplace;

• Providing each employee with a copy of the subcontractor’s policy Proposal;

• Notifying the employees in the subcontractor’s policy Proposal that as a condition of employment under this subcontract, employees shall abide by the terms of the policy Proposal and notifying the subcontractor in writing within five days after any conviction for a violation by the employee of a criminal drug abuse statue in the workplace;

• Notifying the Board within ten (10) days of the subcontractor’s receipt of a notice of a conviction of any employee; and,

• Taking appropriate personnel action against an employee convicted of violating a criminal drug statue or requires such employee to participate in a drug abuse assistance or rehabilitation program.

I. Civil Rights Compliance.

1. Compliance with Regulations: Offeror will comply with the Acts and the Regulations relative to Nondiscrimination in Federally assisted programs.

2. Nondiscrimination: Offeror, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. Offeror will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 45 CFR Part 21.

3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Offeror for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by Offeror of obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, sex, or national origin.

4. Information and Reports: Offeror will provide all information and reports required by the Acts, the

Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of

Offeror is in the exclusive possession of another who fails or refuses to furnish this information, Offeror will so certify to and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of Offeror’s noncompliance with the Nondiscrimination provisions of this Agreement, the City will impose such sanctions as it may determine to be appropriate, including, but not limited to: withholding of payments to the Offeror under this

Agreement until the Offeror compiles and/or cancelling, terminating or suspension of this

Agreement, in whole or in part.

6. Incorporation of Provisions: Offeror will include the provisions of the paragraphs listed above, in this section 9.13, in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. Offeror will take such action with respect to any subcontract or procurement as the City, the State, or the Federal agencies may direct as a means of enforcing such provisions including sanctions for noncompliance.

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Provided, that if Offeror becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, Offeror may request the State to enter such litigation to protect the interests of the State. In addition, Offeror may request the United States to enter into such litigation to protect the interests of the United States.

J. Disadvantaged Business Enterprise Program Requirements. Offeror shall not discriminate based on race, color, national origin, or sex in the award and performance of any federally assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Offeror shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. Each sub-award or sub-contract must include the following assurance: The Offeror, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Offeror shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of federally assisted contracts. Failure by the Offeror to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate.

K. Pertinent Non-Discrimination Authorities. During the performance of the awarded contract, Offeror, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to:

1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination based on race, color, national origin); and 49 CFR Part 21.

2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.

§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects).

3. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex).

4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination based on disability); and 49 CFR Part 27.

5. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination based on age).

6. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex).

7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and

Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all the programs or activities of the Federal-aid recipients, subrecipients and

Offerors, whether such programs or activities are Federally funded or not).

8. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination based on disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by

Department of Transportation regulations at 49 C.F.R. parts 37 and 38.

9. The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination based on race, color, national origin, and sex).

10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations.

11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination

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because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed.

Reg. at 74087 to 74100).

12. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.).

L. Ineligibility to Receive State Grants or Loans or Receive Payment on State Contracts.

In accordance with Section 231.006 of the Texas Family Code, a child support obligor who is more than thirty (30) days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five (25) percent is not eligible to:

1. Receive payments from state funds under a contract to provide property, materials or services; or

2. Receive a state-funded grant or loan

M. Contracting With Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus

Area Firms. Per 2 CFR 200.321, the awarded contractor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. If subcontracts are to be let, the awarded prime contractor is required to take the affirmative steps listed in this section.

Affirmative steps must include:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

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

3. Dividing total requirements, when economically feasible, into smaller tasks or…