REQUEST FOR BIDS (RFB) #100 BFLM

for

LAWN MAINTENANCE and SERVICES

RFB Notice Published: April 19, 2026 RFB Opens (Posted): April 23, 2026

RFB Closes: May 18, 2026-2 pm Performance Begins: June 1, 2026

Burke is seeking Bids from qualified Vendors for LAWN MAINTENANCE and SERVICES at several of our business and residential locations. Vendors will offer experience in providing year-round lawn maintenance and related services.

RFB NOTICE AND DOCUMENT may be obtained via Burke’s website at www.myburke.org, at Burke Central Administration at 2001 S. Medford Dr. Lufkin, Texas 75901, or on Texas Smart Buy

Electronic State Business Daily www.txsmartbuy.gov/esbd, beginning April 23, 2026.

The initial contract period shall commence on June 1, 2026 and will continue through August 31, 2028, unless renewed, extended, or terminated according to the terms and conditions of the contract and upon mutual agreement. At its sole discretion, Burke may extend or renew the contract on one-year terms, provided the contract term, including all extension or renewals does not exceed two years

BID CLOSING DATE, TIME, and LOCATION is MAY 18, 2026 at 2:00 p.m. at 2001 S. Medford Drive, Lufkin, Texas 75901. All Bid responses and all required Bid submission content must be submitted before the closing date and time at the location specified. The official time and date submitted shall be determined by the time/date stamp when received at the location. Faxed responses shall not be accepted.

All Bids that are submitted between the opening and closing date and time become the property of Burke and will not be returned to the Respondent. Bids received after the closing date and time will not be considered.

Burke will afford full opportunity to submit Bids in response to this invitation to Historically Underutilized Businesses, and Minority, Woman, and/or Disadvantaged business enterprises.

Burke will not discriminate against any individual or Respondent with respect to his/her compensation, terms, conditions or award because of race, color, creed, sex, or national origin, age, disability, political affiliation, or limit, segregate, or classify candidates for award of contract in any way which would deprive or tend to deprive any individual or company of business opportunities or otherwise adversely affect status as a Respondent because of race, color, religion, sex, national origin, age, disability, or political affiliation.

*Burke appreciates your time and effort in preparing your Bid*

I. BACKGROUND INFORMATION

Burke Center dba Burke is a State of Texas designated mental health and intellectual and developmental disabilities local authority established to plan, coordinate, develop policy, develop, and allocate resources, supervise, and ensure the provision of community-based mental health and intellectual and developmental disabilities services for the residents in the Authority’s eleven (11) county service area; Angelina, Houston, Nacogdoches, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, and Tyler counties.

II. DESCRIPTION OF REQUEST FOR BID

A. Purpose of Lawn Maintenance Services Burke is seeking bids for Lawn Maintenance and related services as described below (“Scope of Services”) for twelve

(12) of our Business and Residential locations, as shown in Exhibit A “Lawn Maintenance and Services Bid Sheet”.

B. Scope of Services

* Respondent may submit bids for one or more locations. *

Each location will require year-round services. During the growing season (March through October), services shall be performed weekly or as needed to maintain acceptable standards. During non-growing months (November through February), services shall be performed on an as-needed basis, generally bi-weekly or monthly depending on conditions. All Bids shall include the following conditions for Lawn Maintenance and Related Services:

1. Mowing the ditches and the yard out to the property line (grass shall be mowed to an appropriate height to ensure a healthy and aesthetically pleasing lawn, devoid of bare spots, dead spots, uneven grass, and ruts and holes caused by lawn equipment);

2. Weed eating / trimming grass around signs, trees, posts, fences, or other structures as needed;

3. Edging sidewalks, curbs, driveways, parking lots, entrances, exits and other applicable areas, as needed, with the exception of loose gravel or rocky areas;

4. Blowing off sidewalks, parking areas, driveways, garages with no vehicle(s), entrances and exits, where mowing debris has collected, with the exception of loose gravel or rocky areas. All clippings and debris shall be removed from sidewalks, parking areas and entrances immediately following services.

5. Shrubbery maintenance-trim hedges and remove debris from beds;

6. Remove leaves when trees, bushes or shrubs are losing their leaves during the fall and winter months;

7. Fertilize-provide and apply fertilizer twice, annually using commercially accepted products for the region.

• In the event of inclement weather, Contractor will be required to contact and communicate with Burke staff, at the location of services, of plans to reschedule the lawn maintenance trip.

• Contractor shall be responsible for providing gas, fuel, equipment, tools, parts, and supplies related to providing services listed in the scope of work or additional services.

• Contractor shall handle, store, and use all fuels, oils, and equipment fluids in accordance with applicable federal, state, and local regulations, and in a manner that prevents environmental contamination and safety hazards.

Contractor shall implement appropriate safety precautions during transport, storage, and equipment fueling/maintenance, including the use of proper containers, spill prevention measures, and required personal protective equipment (PPE). Contractor shall ensure staff are trained in safe handling procedures.

• Contractor shall make every effort to prevent accidental spills or leaks of fuel, oil, or other equipment fluids. In the event of a spill or hazardous condition, Contractor shall immediately secure and block off the affected area, notify designated staff, and initiate appropriate containment and clean-up procedures. Contractor shall be responsible for proper disposal of contaminated materials in accordance with applicable regulations and for restoring the area to a safe and environmentally sound condition.

• Contractor shall be responsible for repairing or replacing, at no cost to Burke, any damage caused by Contractor operations

• Contractor shall be responsible for communicating with and seeking prior approval from the location’s contact before additional services (if any), not listed in the Scope of Services, can be performed.

• Contractor shall be responsible for invoicing Burke, for services rendered, in accordance with the bid pricing Contractor submitted and in accordance with Burke’s billing practices, as identified in the contract.

• Contractor shall be responsible for providing services in a manner consistent with acceptable standards, Burke reserves the right to require re-performance of services, at no cost to Burke, if services do not meet these standards

C. Timeline Calendar of events.

The following calendar outlines Burke’s key dates and events for RFB process.

RFB #100 BFLM TIMELINE CALENDAR

RFB Notice Published (Posted) April 19, 2026

RFB Opens (Posted) April 23, 2026 Deadline to submit questions May 7, 2026

Questions Posted

May 11, 2026 *Burke will make every effort to post questions on Burke’s website and ESBD by date above*

RFB Deadline for submission (closing) May 18, 2026 Intent to Award May 22, 2026

Performance Begins June 1, 2026

III. STATEMENT OF REQUIREMENTS

A. Minimum Requirements

A prospective Respondent must affirmatively demonstrate Respondent’s responsibility and must meet the following minimum requirements:

• Have adequate financial resources, or the ability to obtain such resources as required;

• Be able to comply with the required or proposed service schedule for Lawn Maintenance services;

• Have a satisfactory record of performance, integrity, and ethics;

• Be otherwise qualified and eligible to receive an award;

• Be licensed to do business in the State of Texas;

• Have current certifications and licenses, if any;

• Have and maintain required policies of general and professional liability insurance coverage;

• Consistently maintain and allocate enough staffing resources to provide timely service for Burke’s Lawn Maintenance service needs;

• Maintain staff that are qualified and available to provide expertise in particular field;

• Maintain all standards related to confidentiality and releases of information.

B. Submission Document Requirements

Bid submission shall include ALL of the content requested in Section III, letter B, numbers 1-10 (this section).

1. Business Information (Include the following information)

• Respondent’s organization name, type of organization, address, and telephone number;

• Company background information including principal place of business, length of existence, and any other information that demonstrates relative qualifications and experience;

• Identify the primary contact and the proposed management team including key personnel, their specific roles and job titles.

2. Exhibit A “Lawn Maintenance and Services-Bid Sheet

3. Exhibit B “Additional Services-Bid Sheet

4. Exhibit C I. and C II. “Respondent’s Assurances of Agreement-Part I.” and “Conflict of Interest-Part II”

5. Exhibit D “References”

6. Exhibit E “Exceptions and Substitutions”

7. Exhibit F “Lobbying Certification”

8. Exhibit G “Request for Taxpayer Identification Number and Certification”

9. Exhibit H “Insurance / Credentials”

10. Exhibit I “Historically Underutilized Business (HUB)/Disadvantaged Business Enterprise (DBE) Acknowledgement”

IV. CONDITIONS FOR SUBMITTING BID

BID COMPLIANCE: All Bids must comply with all federal, state, county, and local laws. All services must be in compliance with federal, state, county and local rules, codes, regulations, laws, and executive orders.

CONSIDERATION: For an offer to be considered, the Respondent shall meet Burke’s requirements, demonstrate the ability to perform successfully and responsibly under the terms of the prospective contract, and submit the completed offer according to the time frames, procedures, and forms stipulated by Burke.

ETHICS: Respondent shall not offer or accept any gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Burke.

SALES TAX: Burke is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the Bid shall not include taxes.

V. BID SUBMISSION INSTRUCTIONS

Respondents submitting their Bid by mail or in person shall drop it off at or mail it to Burke Central Administration 2001 S. Medford Lufkin, Texas 75901, Attention: Jennifer H. Collins. Bid shall be sealed in an envelope, marked RFB #100 BFLM, include one (1) original, two (2) copies and shall be marked on the front of envelope:

RFB #100 BFLM LAWN MAINTENANCE and SERVICES.

Respondents submitting their Bid by email shall send it to jennifer.collins@myburke.org and write in the subject line: RFB #100 BFLM LAWN MAINTENANCE and SERVICES

All Bids shall provide all requested submission content, shall be signed, titled, and dated where prompted.

Signatures shall be from an Authorized Representative of the business.

BID CLOSING DATE, and TIME is Thursday, May 18, 2026, at 2:00 p.m. All Bid responses / requested Bids must be submitted before the closing date and time specified. The official time and date submitted shall be determined by the time/date stamp when received at location or emailed time/date. Faxed responses shall not be accepted.

VI. QUESTION SUBMISSION INSRUCTIONS

mailto:jennifer.collins@myburke.org

Questions shall be emailed to jennifer.collins@myburke.org by Friday May 7, 2026 by 12 noon. Email subject line shall read: Questions for RFB #100 BFLM. Emails received after the date and time or wrong/missing information in subject line will not be answered. Every effort will be made to post answers by Monday May 11, 2026 on the Burke and Texas Smart Buy-ESBD website. It will be the sole responsibility of the Respondent to review both websites and retrieve all related documents prior to the deadline dates. Questions will not be accepted or answered in person, by phone, fax, or letter. Vendors shall not contact other Burke employees or current Contractor to ask questions or obtain answers as there is no guarantee of validity of answers.

VII. BID GUIDELINES

Burke reserves the right to accept or reject any and/or all Bids for any or all services covered in this solicitation and to waive informalities or defects in Bids or to accept such Bids as it shall deem to be in the best interest of Burke. Bids will be invalid and not considered under the following circumstances.

ADDENDA TO RFB BY AUTHORITY BEFORE CLOSING: Any interpretations, corrections, deletions, additions or changes to the Request for Bid (RFB) package, prior closing date, and time of the solicitation, may be made by posting to the ESBD website under this bid. It will be the sole responsibility of the Respondent to review Burke’s website and check for Bid addenda prior to submission and or the deadline dates. Upon issuance, all such addenda becomes an inseparable part of the specifications which must be met for the offer to be considered. All Respondents shall acknowledge receipt of all addenda by sending an email to jennifer.collins@myburke.org The email subject line shall read: Bid Addenda by Authority-RFB #100 BFLM and reply “Received” in the email body, along with the name and title of the individual that signed and date the original Bid or that of an Authorized Representative.

ADDENDA TO RFB BY RESPONDENT: Any interpretations, corrections, deletions, additions, or changes to Bids may be made by Respondent submission package, prior to closing date and time of the solicitation may be made by emailing jennifer.collins@myburke.org The email subject line shall read: Bid Addenda by Respondent-RFB #100 BFLM. The Respondent shall provide, in the email body, clearly documented the changes, submit substitute pages in PDF format, and the number of specific pages for substitution. Each page submitted shall be signed and dated by the same individual that signed and dated the original Bid or that of an Authorized Representative. Respondents will receive an acknowledgement of receipt before Bid closing.

BID SUBMISSION SPECIFICATIONS: Where brand names are specified, Bids on alternate brands will be considered, provided they meet specification requirements.

CHANGES TO PRICE BY RESPONDENT AFTER BID IS OPENED BY AUTHORITY: A Bid price may not be altered or amended after Bid has been submitted and opened by reviewer. No increase in price will be considered after Bid is reviewed and scored. A Respondent may reduce its price provided that is if the lowest and best Bid among the Respondent and is otherwise entitled to the award. Material changes to a Bid, after the Bid has been opened, will result in cancelation of the procurement process without award.

EXCEPTIONS/SUBSTITUTIONS: All Bids meeting the intent of this Request for Bid shall be considered for award.

Respondents taking exception to the specifications, terms and conditions or offering substitutions, shall state these exceptions in the section provided in Exhibit G as part of the Bid. The absence of such a list shall indicate that the Respondent has not taken exceptions, and Burke shall hold the resultant Contractor responsible to conducted in strict accordance with any and/or none of the exception(s)/substitution(s) as deemed to be in the best interest of Burke.

INVALID BIDS: Bids will be invalid and not considered under the following circumstances:

1. If the Bid or any of the requested documents is received after the closing time and date.

2. If a Bid has incorrect information on the envelope/in email subject line, e.g., wrong opening date, which results in it not being considered for award.

3. If the Bid or any of the requested Bid submission documentation is not signed and dated (where indicated) or signed and dated by an unauthorized signer.

4. If there is a material failure to comply with the specification requirements.

5. If the Bid or any of the requested Bid submission documents is missing.

6. If any of the minimum requirements for prospective Respondent s is not met.

7. If there are any material changes to Bid after Bid has been opened.

8. If the Respondent is currently held in abeyance or barred from the award of a federal or state contract.

IT IS UNDERSTOOD that Burke reserves the right to accept or reject any and/or all Bids for any or all services covered in this solicitation and to waive informalities or defects in Bids or to accept such Bids as it shall deem to be in the best interest of Burke.

LATE BIDS: Late Bids received after the closing time and date shall be returned unopened, or if emailed forwarded back to Vendor. Burke is not responsible for lateness of mail, carrier, etc. The official time shall be determined by the time/date stamp or email time and date when received by the designated staff at Burke’s specified location.

LIMITATIONS: Any Respondent currently held in abeyance from or barred from the award of a Federal or State contract may not contract with Burke.

MODIFICATIONS: Burke reserves the right to modify the general description on the advertising notice and Scope of Services and Specifications, by issuing written addenda to Respondent of any such modifications.

NEGOTIATIONS: Burke reserves the right to negotiate with Respondents determined to have a reasonable chance of being selected. All such Respondents shall be afforded fair and equal treatment with respect to such negotiations, and no such Respondent shall be given information that would give that Respondent a competitive advantage over any other.

PUBLIC INSPECTION: All Bid submissions shall be open for public inspection after the contract is awarded and written notification is sent to both successful and unsuccessful Respondent, except for trade secrets and confidential information contained in the Bid and identified by the Respondent as such. Such information may still be subject to disclosure under the Public Information Act based on the Texas Attorney General opinions and on steps taken by the Respondent to protect the information outside the scope of the RFB process.

SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only best practices of quality services and facilities will prevail. All interpretations of these specifications shall be made on the basis of this statement.

WITHDRAWAL OR CANCELATION OF BID SUBMISSION: Respondent may withdraw or cancel a Bid upon written request at any time prior to the Bid closing date and time. The signature on the withdrawal letter must be original and must be of equal authority as the signature of the Respondent.

VIII. EVALUATION PROCESS and CRITERIA The evaluation process is as follows.

1. All Bids, received by the date and time, will be reviewed by Burke.

2. Respondents meeting the requirements and criteria may be invited to interview with Burke to further clarify the evaluation of Bid, if deemed necessary.

3. Visits may be conducted to potential service contractors.

4. Based on result ranking of the Bids one or more Respondents may be asked to participate in negotiation with Burke.

5. Additional information, such as copies of the Respondent Organizational Policies, Procedures and Quality

Assurance documents, may be requested during contract negotiations.

The award will be made to the Respondent(s) whose offer(s) provides the best value for Burke and is in Burke’s best interest, as defined in §2155.074, Government Code. The following criteria and assigned weight will be used to evaluate all RFBs.

A. Cost 40% B. Experience 20% C. Equipment/Capacity 15%

D. Quality/Approach 15% E. Responsiveness 10%

TOTAL 100 %

IX. SUCCESSFUL RESPONDENT INFORMATION

ADVERTISING: Respondent shall not advertise or publish without Burke’s prior written consent the fact that Burke has entered into a contract, except to the extent necessary to comply with proper requests of information from an authorized representative of the federal, state, or local government. Respondent is prohibited from using contract award information, sales/values/volumes in sales brochures or other promotions, including press releases, unless prior written consent is obtained from Burke.

APPLICABLE LAW AND VENUE: The contract issued by way of this RFB shall be governed, construed, and interpreted under the laws of the State of Texas. Venue for any litigation arising under the contract shall lie in Angelina County, Texas.

ASSIGNMENT: The successful Respondent shall not sell, assign, transfer or convey any contract resulting from this RFB, in whole or in part, without the prior written consent of Burke.

BUSINESS ASSOCIATE: The selected Respondent agrees that they may be a Business Associate as that term is defined under 45 CFR 164.502(e), 164.504(e), 164.532(d) and (e), and as such, will execute a Business Associate Agreement with BURKE concurrent with the execution of any contract or agreement for services.

CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitled C., Chapter 171. Additionally, no contractor who develops or drafts specifications, requirements, statements of work and/or procurement documents will Bid or submit a Bid for award.

CONTRACT: In the event Respondent’s and Burke are satisfied with the Bid submission and its conditions in its entirety and no modification or negotiations are warranted, the submitted Bid shall serve as a legal and binding agreement. In the event modification is necessary, a sample contract containing the major provisions of Respondent anticipated agreement subject to refinement and negotiation can be obtained upon request to Burke.

CONTRACT MONITORING: Under this contract Burke shall appoint a contract monitor with designated responsibility to ensure compliance with contract requirements. The contract monitor will serve as liaison between Burke and the successful Respondent.

CRIMINAL AND BACKGROUND CHECKS: Successful Respondent(s) must ensure that no person will provide Services under a Contract with the Burke if that person has been convicted of any of the offenses listed in the Texas Health and Safety Code, Section 250.006(a).

ELIGIBILITY TO WORK IN THE UNITED STATES: Successful Respondent(s) shall ensure that it and each person who provides services under a Contract is eligible to work in the United States at the time he/she provides Services and shall document such eligibility using USCIS Form I-9 for all such persons and maintain such documentation for at least six (6) years after the Contract ends and make such documentation available to Burke upon request.

FUNDING: The contract is made contingent upon the continuation of federally funded programs, or the continued availability of state or local funds to cover the full term and cost. The contract is subject to termination, without penalty, either in whole or in part, if funds are not appropriated or are discontinued. In this instance, Burke may cancel this contract by giving thirty (30) days written notice to the Contractor.

INSURANCE: Successful Respondent will maintain proof of insurance coverage as requested in this RFB at all times during the performance under the term of the contract and insurance coverage shall not be less than the following amounts per policy year:

A. General Liability: $2,000,000 per claim / $3,000,000 aggregate of all claims

(General Liability policy shall also include a waiver of subrogation in favor of Burke.)

B. Worker’s Compensation in accordance with Texas Statutory Requirements.

(Worker Compensation policies shall also include a waiver of subrogation in favor of Burke.)

C. Employer Liability: $1,000,000 per accident, $1,000,000 per disease per employee, $1,000,000 disease policy limit D. Automobile Liability: $1,000,000 combined single limit with hired and non-owned coverage included If successful respondent’s owned vehicle is used in the provision of goods / service to the contract.

And such other insurance coverage, each to the extent required and, in such amounts, may be reasonably required by Burke or as may otherwise be required by applicable law.

Successful Respondent is responsible for obtaining and maintaining any riders or other documents necessary to ensure that the coverage described above includes the Services. A legally qualified insurance company acceptable to Burke must underwrite all insurance coverage listed above. Each policy evidencing such coverage shall name Burke as an additional insured on that policy (but specifically excluding policies of personal automobile liability), and shall contain a provision (to the extent legally permitted) that the insurance company shall give Burke as a certificate holder thirty (30) days written notice in advance of (a) any cancellation or non-renewal of the policy, (b) any reduction in the policy amount, (c) any deletion of additional insureds, or (d) any other material modification of the policy. Successful Respondent will name Burke as additional insured on each policy within 14 days of being awarded a Contract by Burke.

INVOICES: All invoices shall show all information as required and shall be emailed to Burke’s accounts payable department; identified in the contract.

NOTICE: Any notice provided by this Bid (or required by Law) to be given to the successful Respondent’s by Burke shall be deemed to have been given and received on the next day after such written notice has been deposited in the mail in Lufkin, Texas by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful Respondent’s at the address so provided; provided this shall not prevent the giving of actual notice in any other manner.

PAYMENT: shall be made with 30 days upon receipt of valid invoice and approval by Burke of all completed services as set out in the contract entered into by Burke and Contractor.

SUCCESSFUL RESPONDENT’S SHALL: defend, indemnify, and hold harmless Burke or its designee and its officers, directors, and employees from any and all suits, claims, actions, losses, damages, liability, and expenses, including attorney’s fees arising from any negligent or willful act, error, omission or misrepresentation of Contractor or his employees, agents (including subagents), or servants. The provisions of the subparagraph shall continue and be ongoing in any contract resulting from this RFB.

TERMINATION OF CONTRACT: Should the successful Respondent not meet the requirements of the contract, Burke may terminate the contract within thirty (30) days with written notice. In this case, Burke may award the remainder of the contract to the next best Respondent.

X. PROTEST PROCEDURES

Any Respondents wishing to protest or appeal the selection process must do so, in writing, within seven (7) calendar days of the date of notification of the unsuccessful Bid in order to be considered. Protest or appeal letter must be titled “Protest Demand Letter” and must include:

1. Respondent’s Business and Contact Name, address, phone number, and email address

2. Clearly and specifically state the nature of protest, including Burke’s decision which the Respondent is protesting or appealing.

3. Approximate date of Burke’s decision which the Respondent is protesting or appealing.

4. Any additional information not listed to those who will make the decisions in the protest/appeal process.

Send letter, via certified mail to: Burke | Attn: CEO | 2001 S. Medford Dr.| Lufkin, Texas 75901

EXHIBIT A

LAWN MAINTENANCE & SERVICES-BID SHEET

All bid pricing shall consider the scope of services required for each location and Burke’s sales tax exemption status.

*Square footage is approximate. Building structures are excluded however, approximation may include wooded areas of land on the property that will not need to be mowed*

LOCATION COUNTY SQUARE FOOTAGE BID PRICE

Central Administration (Offices) 2001 S. Medford Drive Lufkin, Texas ECI Lufkin (Offices) 2003 S. Medford Drive Lufkin, Texas

ANGELINA

128,000 (Both locations are on the same property)

Central Administration

ECI-Lufkin

Consumer Benefits (Offices) 2211 N. John Redditt Drive Lufkin, Texas

ANGELINA 24,000

Cherry ALU (Residential) 2308 Cherry Lufkin, Texas

ANGELINA 22,000

Cunningham Group Home (Residential) 1010 Cunningham Lufkin, Texas

ANGELINA 29,000

Diboll Group Home (Residential) 200 Stubblefield Diboll, Texas

ANGELINA 20,000

ETBHN Pharmacy (Pharmacy) 2704 Homer Alto Road Lufkin, Texas

ANGELINA 55,000

Freeman ALU (Residential) 3224 Freeman Lufkin, Texas

ANGELINA 238,000

IDD Authority (Offices) 1915 Old Mill Road Lufkin, Texas

ANGELINA 57,000

IDD Provider (Offices) 2105 N. John Redditt Drive Lukin, Texas

ANGELINA 67,000

Lotus Lane Cottages (Residential/Office) 1802 Lotus Lane Lufkin, Texas

ANGELINA 310,000

MHEC (Offices/Mental Health Housing) 105 Mayo Place Lufkin, Texas

ANGELINA 41,000

Newton Group Home (Residential) 1202 Oleta Lufkin, Texas

ANGELINA 42,000

OPTIONAL

Nacogdoches Group Home (Residential) 2712 S. E. Stallings Drive Nacogdoches, Texas

NACOGDOCHES 30,300

Nacogdoches Burke Industries (Workshop) 1718 S. University Nacogdoches, Texas

NACOGDOCHES 52,000

San Augustine Mental Health (office) 583 El Camino Crossing San Augustine, Texas

JASPER 817,230

(only a part of this land will be provided services by Contractor)

TOTAL

Authorized Representative’s Signature / Printed Name Date

EXHIBIT B

ADDITIONAL SERVICES-BID SHEET

Please list the pricing for the services listed below, if offered.

If not offered, please write no or N/A.

If unable to provide an estimate please explain how the cost will be determined.

Also, list any additional services you may provide and the pricing or how the cost will be determined.

SERVICE ESTIMATED PRICE

Providing or Replacing plants, shrubs, flowers, saplings

Mulch-Adding or Replacing Pruning Tree / Limb Removal Sprinkler System seasonal startup/shutdown (Licensed Technicians Only)

Transplanting plants, shrubs, flowers, saplings Irrigation System Work (Licensed Technicians Only)

Authorized Representative’s Signature / Printed Name Date

EXHIBIT C I. (Part I of II Parts)

PART I.-RESPONDENT ASSURANCES AGREEMENT

(Refer to “Definitions” section for terminology regarding Burke and Tx. Government Code)

The undersigned does make the following assurances that:

1. The Respondent is not currently held in abeyance or barred from the award of a federal or state contract.

2. The Respondent is not currently delinquent in its payments of any franchise tax or state tax owed to the state of Texas, pursuant to Texas Business Corporation Act, Texas Civil Statutes, Article 2.45.

3. No attempt will be made by the Respondent to induce any person or business to submit or not to submit a response.

4 The Respondent does not discriminate in its services or employment practices on the basis of race, color, religion, sex, national origin, disability, veteran status, or age. Respondent will ensure that no person on the basis of race, color, national origin, religion, sex, age, sexual orientation, gender identity, genetic characteristics, veteran status, disability, or political affiliation, will be excluded from participation in, be denied the benefits of, or be subject to discrimination with respect to any Contract, under any of the policies of HHSC or Burke.

5. The RFB response submitted by the Respondent’s has been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition.

6. No claim will be made for payment to cover costs incurred in the preparation of the submission of the application or any other associated costs. There is no expressed or implied obligation for Burke to reimburse responding business or individuals for any expenses incurred in preparing Bids in response to this RFB. Burke will not reimburse responding business or individuals for these expenses, nor will Burke pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

7. Respondent agrees to follow all applicable federal, state, county, and local laws, regulations, codes, standards, and all applicable Burke policies and procedures if chosen as the Successful Respondent.

8. No employee, local government officer or any family member thereof has directly or indirectly received any gift(s) with an aggregate value of more than $100 in the 12-month period preceding the date the local government officer becomes aware that Burke is considering entering into a Contract with Respondent, but excluding a political contribution defined by Title 15 of the Texas Election Code, or food accepted as a guest. If Respondent is unable to make this affirmation, then Respondent must disclose any knowledge of such interests by including a completed Form CIQ, a copy of which is attached to this with the submitted Bid.

9. Respondent does not have a family relationship with a local government officer of Burke. If such family relationship exists, Respondent must disclose any knowledge of such relationships by including a completed Form CIQ, a copy of which is attached to this Assurances Document with the submitted Bid.

10. Respondent does not have any employment or business relationship with any corporation or other business entity with respect to which any local public official of Burke or any family member thereof serves as an employee, officer, or director, or holds an ownership interest and no local public official of Burke or family member thereof has an employment or business relationship with Respondent or holds an ownership interest in Respondent. If Respondent is unable to make this affirmation, then Respondent must disclose any knowledge of such relationships in a written statement included with this signed Assurances Document.

11. Respondent shall disclose in a written statement included with this signed Assurances Document whether any of the directors or personnel of Respondent has either been an employee or a trustee of Burke within the past two (2) years preceding the date of submission of the Bid. This requirement applies to all personnel, whether or not identified as a Key Person. If such employment has existed, or any term of office being served, include in the written statement the nature and time of the affiliations as defined.

12. Respondent does not have any employment or business relationship with any corporation or other business entity with respect to which any local government officer of Burke either serves as an employee, officer, or director, or holds an ownership interest of one percent or more, and no local public official of Burke or family member thereof has an employment or business relationship with Respondent or holds an ownership interest in Respondent. If Respondent is unable to make this affirmation, then Respondent must disclose any knowledge of such relationships by including a completed form CIQ, a copy of which is attached to this with the submitted Bid.

13. No former employee or officer of HHSC and/or Burke directly or indirectly aided or attempted to aid in procurement of Respondent’s service.

14. No local government officer or family member thereof is receiving or is likely to receive taxable income, other than investment income, from Respondent. If Respondent is unable to make this affirmation, then Respondent must disclose any knowledge of such relationships by including a completed form CIQ, a copy of which is attached to this with the submitted Bid..

15. Under Section 231.006, Family Code, the Respondent, 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. For purposes of the foregoing sentence, “Respondent or applicant” shall mean Respondent; contract, Bid or application shall mean the Bid; and “this contract” shall mean any Contract awarded to a Successful Respondent pursuant to this RFB.

16. Respondent is in good standing with all state and federal funding and regulatory agencies; is not currently debarred, suspended, or otherwise excluded from participation in federal, state, county or city contract or grant programs; is not delinquent on any repayment agreements; has not had a required license or certification revoked; has not had a contract terminated by HHSC; and has not voluntarily surrendered an obligation issued by HHSC or any other entity within the past three (3) years.

17. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Contract and Respondent agrees that the Contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that Subchapter.

18. Respondent agrees that it is the sole responsibility of the Respondent to review the Burke website and retrieve all related documents relating to this RFB or any documents from outside sources, required for this RFB prior to any deadline mentioned herein.

19. Respondent agrees to provide the Services described in this RFB at the Bid Pricing/Delivery Rates and terms submitted as part of this Bid.

20. Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet requirements, specifications, terms, and conditions of the RFB.

21. Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the requirements, specifications, terms, and conditions of the RFB.

22. The Respondent accepts Burke’s right to cancel the RFB at any time prior to contract award.

23. Respondent accepts the terms, conditions, criteria, and requirements set forth in the RFB.

24. Unless otherwise required by law, the information in the Bid submitted by Respondent has not been knowingly disclosed by Respondent to any other Respondent.

25. Respondent accepts Burke’s right to alter the timeline calendar for procurement as set forth in the

RFB.

26. The individual signing this document and any subsequent contract (if necessary) is authorized to legally bind the Respondent’s.

The Business or Individual named below offers and agrees to furnish all labor, materials, and services offered within the designated time frame for the amount to be agreed upon and upon conclusion of a successful contract.

Authorized Representative Signature / Title Date

Authorized Representative Printed Name / Title Business / Organization Name

Address, City, State and Zip Code Phone Number

EXHIBIT C II. (Part II of II Parts)

PART II. CONFLICT OF INTEREST QUESTIONNAIRE

Please fill out the attached Conflict of Interest (COI) form or retrieve it from following website:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

A signature is required in Box 7 regardless of any other entry on the form This form must be submitted, as requested, in the REQUIRED RESPONDENT’S SUBMISSION CONTENT.

CONFLICT OF INTEREST QUESTIONNAIRE

For Respondent doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.

For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a Respondent if:

(2) the Respondent:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and Respondent has been executed; or

(ii) the local governmental entity is considering entering into a contract with the Respondent;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and Respondent has been executed; or

(ii) the local governmental entity is considering entering into a contract with the Respondent.

Local Government Code § 176.006(a) and (a-1)

(a) A Respondent shall file a completed conflict of interest questionnaire if the Respondent has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the Respondent:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for Bids or Bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the Respondent becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the Respondent has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf http://www.statutes.legis.state.tx.us/

CONFLICT OF INTEREST QUESTIONNAIRE

For Respondent doing business with local governmental entity

FORM CIQ

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a Respondent who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the Respondent meets requirements under Section 176.006(a).

By law, this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the Respondent becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A Respondent commits an offense if the Respondent knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

OFFICE USE ONLY

Date Received

Name of Respondent who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the Respondent?

Yes No

B. Is the Respondent receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the Respondent named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director or holds an ownership interest of one percent or more.

Check this box if the Respondent has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of Respondent doing business with the governmental entity

Date

EXHIBIT D

REFERENCES

Please provide at least three (3) separate references that your business has provided this type of service or similar projects

to. Include all information being asked for references. Your business must agree to authorize your client to furnish information required by Burke to verify references provided. (Invalid contact information will result in default of references.)

REFERENCE 1

Company: __________________________________ Contact Name: _________________________________

Address: ___________________________________ Phone Number ________________________________

Email: _____________________________________ Is there a contract with this reference? ___ yes OR ___ no

Number of years providing services to this reference: _______________

Description of Services Provided: ______________________________________________________________

REFERENCE 2

Company: __________________________________ Contact Name: _________________________________

Address: ___________________________________ Phone Number ________________________________

Email: _____________________________________ Is there a contract with this reference? ___ yes OR ___ no

REFERENCE 3

Company: __________________________________ Contact Name: _________________________________

Address: ___________________________________ Phone Number ________________________________

Email: _____________________________________ Is there a contract with this reference? ___ yes OR ___ no

EXHIBIT E

EXCEPTIONS AND SUBSTITUTIONS

Respondents taking exceptions or substitutions to the specifications, term and conditions shall state them in this section as provided in Exhibit D as part of the Bid.

Indicate exception(s) / substitution(s) by listing them in the comments sections and include any relevant information or documents by titling them “Exhibit E Exceptions and Substitutions Continued.”

The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only best practices of quality services and facilities will prevail. All interpretations of these specifications shall be made on the basis of this statement.

Burke shall hold the resultant Contractor responsible to conducted in strict accordance with any and/or none of the exception(s)/substitution(s) as deemed to be in the best interest of Burke.

Comments:

Authorized Representative Signature / Printed Name Date

EXHIBIT F

LOBBYING CERTIFICATION

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

1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an 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 the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for 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, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its 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 (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.