ESBD_File_336626_RFB 2023-072 Bid Package.pdf

City of Waco, Texas

Request for Bid RFB No. 2023-072

City of Waco China Spring Area Maintenance

Issue Date: September 19, 2023 Closing Date & Time: October 19, 2023, at 2:00 p.m.

Opening Date & Time: October 19, 2023, at 2:05 p.m.

RFB Opening Location: Purchasing Services Office, 1415 N. 4th Street, Waco, Texas

For Information Contact: Daryle Bullard, Purchasing Services, 254-750-6616

A Non-Manadatory Pre-Bid Meeting via Zoom Video Conference on October 3, 2023

Purchasing Services Post Office Box 2570

Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 www.waco-texas.com

Zoom & Dial-In Information:

See Page 3

RFB 2023-072 Page 1 http://www.waco-texas.com/ http://www.waco-texas.com

BONFIRE ELECTRONIC BIDDING

The City of Waco is transitioning to Electronic Bidding, Proposals and Qualification (RFB/RFP & RFQ) submissions. These requests will be managed through the new City’s Data base system, Bonfire.

We ask vendors to register with Bonfire to access and respond to any advertisement for bids and services required by the City. Registration is secure and user friendly. Vendors can register at the link below. Once registered, vendors will be able to:

• Register with the City of Waco.

• Receive notifications for bids and services requests from the City.

• Stay updated on changes, addendums, open solicitations.

• Submit bids and proposals electronically.

• Vendors can inquire about the details and requirements of various bidding opportunities.

The City will still accept bids and proposals by mail or drop off. Notifications of changes, addendums and updates will also be available on the City’s website as well as other media outlets the City uses for solicitations.

The City appreciates your participation. If you have questions during the electronic bid/proposal process, please contact the issuing buyer, whose contact information can be found in the solicitation document. You can also contact Bonfire with registration or customer support issues.

Website links to assist you: https://waco-texas.bonfirehub.com/login

MINORITY, WOMEN-OWENED BUSINESS ENTERPRISE (MWBE)

The City of Waco is committed to providing fair and equal opportunities for all vendors, especially those who face disadvantages in bidding and providing services to the City. The City collects and reports data on the MWBE status of vendors to the federal government as part of this effort. Vendors are asked to fill out theMWBE form and submit it with their offer when they respond to a bid or proposal solicitation.

The MWBE status helps the City ensure that small and disadvantaged businesses are included in the competitive solicitation process. However, the MWBE status does not determine the award of a contract.

RFB 2023-072 Page 2 https://waco-texas.bonfirehub.com/login

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

PRE BID/ PROPOSAL

BID/ PROPOSAL OPENING

ZOOM ACCESS INSTRUCTIONS & ADDITIONAL INFORMATION

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TABLE OF CONTENTS

Register Interest Form

I. Schedule for Solicitation II. Contact with City of Waco III. Definitions IV. Requested Services / Products V. Request for Bids – Submission and Award Procedures

Appendices A. Services/Products Bid Forms

(1) Pricing Form(s) B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms of Service

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) House Bill 1295 Information Sheet

(8) Protest Procedure

(9) Sample Contract Form

(10) W-9 Form C. Forms to Complete and Return

(1) Submission of Bid/Proposal and Acknowledgment of Addenda

(2) Business Identification Form

(3) Application for Local Preference Consideration 271.905b

(4) Application for Local Preference Consideration 271.9051b

(5) Conflict of Interest Questionnaire (CIQ Form)

(6) Disclosure of Relationships with City Council/Officers (City Charter)

(7) House Bill 89 Israel Form

(8) House Bill 89 Gun Form

(9) House Bill 89 Energy Form

(10) Minority/Women Owned Business

(11) Litigation Disclosure

(12) Certification Regarding Debarment

(13) Non-Collusion Affidavit

(14) Resident Certification

(15) Texas Public Information Act

(16) Drug Free Workplace

D. Specifications

(1) Mowing Maps

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City of Waco, Texas RFB No. 2023-072

City of Waco China Spring Area Maintenance

REGISTER INTEREST

You have received a copy of the above-described request document. If you would like to register your interest in this project so that you will receive any future notices or addenda concerning the project, please fill in the information requested below and fax this page to 254-750-8063. You may also scan this page and email to: daryleb@wacotx.gov.

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone:_________________________________________

Fax:_________________________________

Mailing Address:

It is your responsibility to complete and return this form to the City. Failure to do so will result in your not receiving notices and addenda related to this project from the City of Waco.

Notices and addenda are posted on the City’s website and can be accessed at:

http://www.waco-texas.com/purchasing-rules.asp.

City of Waco Purchasing Services Post Office Box 2570

Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 www.waco-texas.com

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I. Schedule for Solicitation The proposed schedule of events is tentative and may be modified throughout the selection process at the discretion of the City of Waco.

Issuance of the RFB Pre-Bid Meeting: 10:00 a.m., CT Deadline for Questions: 5:00 p.m., CT Bid Open & Close Date, 2:05 p.m., CT

Tentatively, the final selection decision will be made, and submitters will be notified of award by October 19, 2023. This schedule is subject to change by the City.

II. Contact with City of Waco The contact person for this solicitation process is: Daryle Bullard, Sr. Purchasing Agent who can be reached at:

Email: daryleb@wacotx.gov Telephone: (254) 750-6616 Fax: (254) 750-8063 Questions concerning the solicitation can be submitted through the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login (preferred) or by email to the contact person listed above. .

Via U.S. Mail:

City of Waco Purchasing Services Attn: Daryle Bullard, Sr. Purchasing Agent P.O. Box 2570 Waco, Texas 76702-2570

Via Delivery Services/Personal Delivery:

City of Waco Purchasing Services Attn: Daryle Bullard, Sr. Purchasing Agent 1415 North 4th Street Waco, Texas 76707 NOTE: US Mail does NOT deliver to street address

Contact with someone other than the Purchasing Agent listed above, or his/her designated representative, at the City of Waco concerning this solicitation may be grounds for removal from consideration.

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Waco. Addenda will also be made available through the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login or the City of Waco Website at http://www.waco-texas.com/bids.asp. Interested professional service providers are encouraged to return the Register Interest form on the previous page.

A complete copy of this RFB, including information for bidders, bid forms, contract forms, plans, specifications, and all other contract documents related to this project are available at https://www.waco-texas.com/bids.asp.

September 19, 2023 October 3, 2023 October 13, 2023 October 19, 2023

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III. Definitions The following definitions apply to this document and the transaction between the City and the selected submitter unless otherwise designated in the context. Terms, which are singular, may include multiple, where applicable and when in the best interests of the City:

(1) “City” means and refers to the City of Waco, Texas.

(2) “Company” or “Firm” means and refers to any submitter, whether such submitter be a sole proprietor, corporation, company, partnership, company, or any other entity legally defined or recognized under the laws of the State of Texas.

(3) “Bid” or “Submission” refers to a response submitted to an RFB.

(4) “RFB” means and refers to a Request for Bid that will be awarded based on lowest responsible bid or best value to City of Waco.

(5) “Selected submission” means and refers to the submission sent to the City of Waco by the Selected Firm.

(6) “Selected Firm” means the firm who is selected by the City and to whom the City

Council/City Manager awards a contract for the services or commodities requested in this solicitation.

(7) “Solicitation” means an RFB issued by the City of Waco seeking products or services described in the document.

(8) “Submitter” or “Vendor” or “Bidder” or “Contractor” means a firm that submits a response to a solicitation.

(9) “Contract Documents” includes the RFB, and all the Appendices attached to the RFB.

(10) “Day” means a calendar day unless otherwise specifically defined.

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IV. REQUESTED SERVICES

Scope of Services

The primary purpose of this project is for the mowing, shredding, edging, weed eating, grass trimming and blowing of grass at FM 1637 and acreage on Flat Rock and Jonquil. Work may be performed Monday through Friday.

This contract will be for a term of three years.

A digital version of this document can be obtained from the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login or the City of Waco Website at http://www.waco-texas.com/bids.asp.

Special Specifications

1. AREAS

a. Mowing and edging medians, mowing one swath on grass side of sidewalks, and shredding of undeveloped areas.

b. Right-of-way areas to telephone poles, or to fence in some cases, along Highway 1637 from Steinbeck Bend (includes some medians on Steinbeck Bend) to Water Tower on 1637.

c. Three circles/round-a-bouts and rights-of-way on Parker Springs and Salem Way (this mowing included in price for medians).

d. Prickly Pear Street entry and medians leading into housing addition (this mowing included in price for medians).

e. Front right of way fence area of Airport from Flat Rock to Feed Supply (this mowing included in price for medians).

2. MOWING

a. Prior to each mowing, trash will be removed from mowing areas.

b. Extra care will be taken to observe manholes, street signs and other obstacles.

All obstacles shall be marked with proper signage.

c. Medians will be mowed at a minimum height of 3 inches.

d. Undeveloped areas shall be mowed at a maximum of 5 inches to 7 inches to present the most aesthetically pleasing appearance.

e. Mowing patterns will be established and changed on a regular basis to present the most aesthetically pleasing appearance.

3. EDGING

a. Sidewalks to be edged every mowing cycle and incorporated into total price.

4. WEED EATING

a. Weed eating and weed eating grass in cracks on curbs and paver areas will be done every mowing cycle. It is acceptable to spray weeds to keep suppressed out of pavers, cracks, and hard pan areas.

5. MOWING SPECIFICATIONS

a. Medians: January – one time; February through October – twice a month;

November – one time; December – one time

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6. TRACTOR SHREDDING SPECIFICATIONS

a. Undeveloped areas (areas behind sidewalks and acreage on Flat Rock and Jonquil): April – one time, June – one time; August – one time; September – one time; November – one time.

b. One additional mowing when needed; City will call. Five working days to complete cycle.

V. REQUEST FOR BIDS – SUBMISSION AND AWARD PROCEDURES

A. Requirements

(1) Qualified vendors should submit one (1) original and one (1) copy plus one (1) PDF version on a Flash Drive of the Pricing Forms for the services/products sought by this solicitation and complete all the required forms by the stated deadline.

(2) Pricing Forms and Submission

(a) Pricing Forms.

1. Bids are to be submitted with a response on each item and the total extended. More than one (1) bid may be submitted on items that meet the specifications and the other RFB requirements.

2. Pricing is to be submitted on units of quantity specified on the Pricing Form with extended totals. In the event of a discrepancy in any extension total, the unit prices shall govern and be binding for purposes of this RFB.

3. All prices included are to be submitted less Federal Excise and State of Texas Sales Taxes. A tax exemption certificate will be executed upon request. The City’s federal tax identification number is 1-74-6002468-4.

(b) Equipment Submittals

1. Each submission should be accompanied by a complete equipment submittal for the equipment bidder proposes to use for the project.

2. Refer to project specification for submittal requirements.

B. Completeness of Submission

(1) Vendors are responsible for examining and being familiar with all specifications, drawings, standard provisions, instructions, and terms and conditions of the solicitation and their responses.

(2) The vendor must attach all required forms with each submission copy. Forms must be signed by a representative of the vendor authorized to bind the vendor contractually. The vendor must include a statement identifying any exceptions to this RFB or declare that there are no exceptions taken to the RFB.

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DaryleB Highlight

C. Bid Response Date and Location Bids must be received at the office of Purchasing Department by 2:00 p.m. (Central Time) on October 19, 2023.

Interested parties may submit their bids Via Delivery Services or Personal Delivery to:

City of Waco Purchasing Services Attn: Daryle Bullard, Sr. Purchasing Agent 1415 North 4th Street Waco, Texas 76707

Interested parties may also submit their bids through U.S. Mail delivered to:

City of Waco Purchasing Services Attn: Daryle Bullard, Sr. Purchasing Agent P.O. Box 2570 Waco, Texas 76702-2570

If using U.S. Mail, note that U.S. Mail is initially received at Waco City Hall and then delivered to the office of Purchasing Services by a City courier. That delivery may occur a day or more after being received at Waco City Hall. Allow additional time in advance of the bid due date for U.S. Mail delivery. If the Purchasing Office has not received the bids by the stated deadline, the bid will be returned unopened.

All submittals shall be sent to the attention of the Purchasing Agent in a sealed envelope that is clearly marked on the outside as follows:

“RFB 2023-072, City of Waco China Spring Area Maintenance” Bid Opening: 2:05 p.m. (Central Time) on October 19, 2023, via Zoom Video Conferencing. Please see Page 3

Vendors accept all risk of late delivery bids regardless of instance or fault. A bid received after the submission deadline will not be considered and will be returned unopened to the submitter. Vendors accept all risks of delivery.

The City will NOT accept a response submitted by facsimile transmission (fax) or by electronic mail (email).

All submissions and accompanying documentation will become the property of the City.

D. Modification to or Withdrawal of Submission Submissions cannot be altered or amended after the submission deadline passes.

Submissions may be modified prior to the deadline by providing a written notice to the Purchasing contact person at the address previously stated. To modify a submission prior to the submission deadline:

(1) Submit a written notice of the modification WITHOUT revealing the bid price.

The modification should provide the addition, subtraction, or other

RFB 2023-072 Page 10 modifications so that the final prices or terms will not be revealed to the City until the sealed bid is opened.

(2) The written modification may be submitted by electronic transmission (fax or email or personal delivery to Purchasing Agent identified earlier in this document. The written modification must be received by the City prior to the closing time.

(3) If the modification is submitted through an electronic transmission (fax or email), the City must receive an original of the modification document signed by the bidder and submitted to a delivery company (UPS, FedEx, etc.) prior to the bid closing time. If the original of the modification was not submitted to a delivery company prior to the closing time or is not received within three (3) days after the closing time of the bid, consideration will not be given to the modifications provided in the electronic transmission.

A submission may also be withdrawn by providing the notice in person by a representative of the vendor who can provide proof of his authority to act for the vendor.

The representative will be required to execute a receipt reflecting the submission is being withdrawn. If a submission is withdrawn before the submission deadline stated herein, the vendor may submit a new sealed bid provided the new bid is received prior to the closing date and time deadline stated on the cover page and in the Schedule for the Solicitation. This provision does not change the common law right of a submitter to withdraw a submission due to a material mistake in the submission.

E. Submission Validity Period A submission responding to this RFB signifies the vendor’s agreement that the submission, and the content thereof, are valid for ninety (90) days following the submission deadline unless otherwise agreed to in writing by all parties. The submission may become part of the contract that is negotiated between the City and the successful vendor.

F. Vendor’s Cost to Develop Submission Costs for developing and assembling submissions in response to this solicitation are entirely the responsibility and obligation of the vendor and shall not be reimbursed in any manner by the City.

G. References The City reserves the right to request that a vendor provide references.

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H. Method of Award and Evaluation of Factors [x in box shows applicable]

(1) For this solicitation, the City will award the contract to the:

Lowest responsible bidder Bidder who provides goods or services at the best value for the City.

(2) Lowest Responsible Bidder:

(a) The contract will be awarded to the lowest responsible bidder based on the base bid plus any selected alternatives provided the amount does not exceed the funds then estimated by the City as available to finance the contract.

(b) If the contract is bid with alternatives, the City reserves the right to select any combination of alternatives and will then compare all bids using the selected alternatives. If the amount of the bids exceeds the funds available to finance the contract, the City may (i) reject all bids or (ii) may award the contract based on the base bid with such deductions as produces a net total which is available within the available funds.

(3) Best Value:

(a) In determining best value for the City, the City may consider:

1. the purchase price;

2. the reputation of the bidder and of the bidder’s goods or services;

3. the quality of the bidder’s goods or services;

4. the extent to which the goods or services meet the municipality’s needs;

5. the bidder’s past relationship with the municipality;

6. the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities;

7. the total long-term cost to the municipality to acquire the bidder’s good or services; and

(b) Compliance with all bid requirements, delivery and needs of the City are considerations in evaluating bids. The City of Waco reserves the right to contact any offeror, at any time, to clarify, verify or request information regarding any bid.

(4) During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from bidders.

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I. Contact Award and Execution The final contract must be awarded and approved by the Waco City Council if the amount of the contract will exceed $50,000.00. If the contract is for less than that amount, depending on the amount, the contract may be executed by the City Manager, an Assistant City Manager, department head or director.

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APPENDIX A

Services/Products Bid Forms

(1) Pricing Form(s)

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CITY OF WACO

OFFICIAL BID SHEET

RFB 2023-072

City of Waco China Spring Area Maintenance

DATE: ____________________________

BIDDER:

AUTHORIZED SIGNATURE:

1. In submitting this bid, I certify,

a. Items bid are in exact accordance with specifications, unless noted in bid.

b. Prices in this bid have been arrived at independently, without consultation or agreement with any competitor for the purpose of restricting competition.

PRICING

INFORMATION

NOTE: Depending on unit prices, requirements and approved budgeted funds, quantities may be reduced or increased during the project period.

Item No.

Task Description

Total Rotations

Cost Per Rotation

Total Contract Cost

1.0 Medians, Round-a-bouts, and Prickly

Pear Street. For all areas, refer to attached Maps and Scope of Work.

63 $ $

2.0 Undeveloped Area Shredding 18 $ $

3.0 Project Total Cost $

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(1) City of Waco General Terms and Conditions

(2) Additional Terms of Service

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) House Bill 1295 Information Sheet

(8) Protest Procedure

(9) Sample Contract Form

(10) W-9 Form

APPENDIX B

Contract Requirements

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CERTIFICATE OF INTERESTED PARTIES

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

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

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

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

3 Provide the identification number used by the governmental entity or st and provide a description of the goods or services to be provided und r

FORM 1295

OFFICE USE ONLY

Nature of Interest (check applicable) Name of Interested Party

Intermediary

AFFIDAVIT

Signature of authorized agent of contracting business entity

AFFIX NOTARY STAMP / SEAL ABO

Sworn to and subscribed before me, by the said ____________________ • this the ______ d.ay of _______ • 20. ___ , to certify which, witness my hand and seal of office.

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

ADD ADDITIONAL PAGES AS NECESSARY

Fann provided by Texas Ethics Commission www .ethics.state.Ix.us Adopted 10/512015

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Procedure to Protest Award Recommendation A. If a firm or person believes it is injured as a result of an RFB, a written protest may be filed.

B. The written protest may be delivered to the City’s Purchasing Services Department

(“Purchasing”) in person to the department offices located at 1415 N. 4th St., Waco, Texas, 76707, or by certified mail, return receipt requested, to the following address:

Purchasing Services c/o City of Waco Post Office Box 2570

Waco, Texas 76702-2570 C. The written protest must be filed no later than 5:00 p.m. on the fifth (5th) business day from the date of receipt of notification of the recommendation for the contract award.

D. The written protest must include the following information before it may be considered:

1. Name, mailing address, and business phone number of the protesting party;

2. Identification of the RFB being protested;

3. A precise and concise statement of the reason(s) for the protest which should provide enough factual information to enable a determination of the basis of the protest; and

4. Any documentation or other evidence supporting the protest.

E. In conjunction with the department that requested the RFB, Purchasing will attempt to resolve the protest, which may at Purchasing’s discretion include meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution of each ground addressed in the protest will be provided to the City Manager or designee Assistant City Manager.

F. If the Purchasing is unable to resolve the protest, the protesting party may request the protest be reviewed and resolved by the City Manager or designee Assistant City Manager.

G. A request for the City Manager’s review must be in writing and received by the Purchasing within three (3) business days from the date the Purchasing informs the protesting party the protest cannot be resolved. The request for review must be delivered in person to the Purchasing at the address stated above or by certified mail, return receipt requested, to the mailing address stated above.

H. If a protesting party fails or refuses to request a review by the City Manager within the three (3) days, the protest is deemed finalized and no further review by the city is required.

I. Applicable documentation and other information applying to the protest may be submitted by the protesting party to the Purchasing before review by the City Manager. If the protesting party requests a review by the City Manager, such documentation will be forwarded to the City Manager or designee Assistant City Manager for consideration. The City Manager or designee Assistant City Manager may likewise notify the protesting party or any city department to provide additional information. The decision reached by the City Manager or designee Assistant City Manager will be final, but the protesting party may still appear before the City Council during the Hearing of the Visitors session of a City Council meeting.

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CONTRACT

THIS CONTRACT (“the Contract”), made the _______ day of _______, 2023, by and between CITY OF WACO, herein called “Owner” acting herein through its City Manager or Assistant City Manager, and ___________________________ of ________________, hereinafter called “Contractor”.

WITNESSETH: that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction and repair work for the Mowing of _______________________, hereinafter called the Project, for the sum of ________________________________________, and all extra work in connection therewith, and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said Project in accordance with the Contract Documents.

The Contract Documents consist of the following:

1. This Contract;

2. Permits and licenses from other agencies as may be required by law;

3. Addenda to the RFB (if any);

4. All documents included in RFB No. ________;

5. Contractor’s Bid Proposal;

6. Required Bonds (if any);

7. Change Directives and Change Orders;

8. All Modifications issued after the execution of the Agreement; and

9. Any other drawings and printed or written explanatory matter.

The Contractor hereby agrees to commence work under this Contract on or before a date to be specified in a written “Notice to Proceed” of the Owner and to fully complete the Project within 15 CALENDAR days thereafter and perform the work in accordance with Contract Documents. The Contractor further agrees to pay, as liquidated damages, the sum of $250.00 for each CALENDAR Day thereafter.

The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions.

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IN WITNESS WHEREOF, the parties to the presents have executed this contract, in the year and day first above mentioned.

CITY OF WACO, TEXAS

By: ________________________________ Bradley Ford, City Manager

APPROVED AS TO FORM & LEGALITY

William Conrad, Assistant City Attorney

(Corporate Seal)

CONTRACTOR

ATTEST/WITNESS:

By: ______________________________

__________________________ Title: _____________________________ Corporate Secretary or Witness

Address: __________________________

Note: If Contractor is a corporation, corporate secretary should attest. For other types of entities, a witness should sign.

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APPENDIXC

Forms to Complete and Return

( 1) Submission of Bid/Proposal and Acknowledgment of Addenda

(2) Business Identification Form

(3) Application for Local Preference Consideration 271.905b

( 4) Application for Local Preference Consideration 271.9051 b

(5) Conflict of Interest Questionnaire (CIQ form)

( 6) Disclosure of Relationships with City Council/Officers ( City Charter)

(7) HB 89 (Israel Form)

(8) HB 89 (Firearms Form)

(9) HB 89 (Energy Form)

(10) Women Owned Business & HUB Certification

( 11) Litigation Disclosure

( 12) Certification Regarding Debarment

(13) Non-collusion Affidavit

( 14) Resident Certification

(15) Texas Public Information Act

( 16) Drug Free Workplace

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Submission of Bid/Proposal and Acknowledgment of Addenda

RFB/P No. 2022-072, Issued by City of Waco, Texas

The entity identified below hereby submits its response to the above identified RFB/P. The entity affirms that it has examined and is familiar with all of the documents related to RFB/P.

DECLARATION OF INTENT

I attest that the bid submitted is: (check one box below)

D 1. to the exact Specifications and the Terms and Conditions of the bid documents.

D 2. to the exact specifications with modifications to the Specifications and/or the Terms and Conditions as noted in the attached documentation.

or

D 3. NOT to the exact Specifications and/or the Terms and Conditions and is therefore an alternate bid, submitted for the City's consideration, with attached justification(s) and documentation defending the alternate bid as meeting or exceeding the intent of the specifications or scope of work.

Submitter further acknowledges receipt of the following addenda:

Addendum No __ issued ________________ _

Addendum No __ issued ________________ _

Addendum No __ issued _______________ _

Addendum No issued

Addendum No __ issued ________________ _

Addendum No __ issued _______________ _

Date :

Proposal of (entity name) ___________________________ _

Signature of Person Authorized to Sign Submission: ______________________________ _

Signor's Name and Title (print or type): ______________________________ _

PLEASE SIGN AND RETURN WITH BID

RFB 2023-072 Page 49

BUSINESS ENTITY IDENTIFICATION

To identify the appropriate person to execute documents, please fill in this form:

Full Legal Name of Business Entity:

Doing Business As (assumed name):

Main Contact Person:

Registered Office Address:

Business Phone #: _________________ Fax#:

Email Address: __________________ DUNS Number: ___________ _

Check the ap2ropriate box to designate the tYIJ,e of business entity and com lete the information below.

Is entity: D Sole Proprietorship D Corporation D Professional Corporation

D General Partnership D Limited Partnership D Limited Liability Partnership

D Limited Liability Company D Professional Limited Liability Company

Oother

Date Business Started: State Where Started:

H the entity was formed in another state, registration with the Texas Secretary of State may be re uired before transacting business in Texas. See http://www.sos.state,tx.us/corp/foreign outofstate,shtm1

Publicly traded company D Yes - Where Traded: ----------------

Depending on the type of business entity, the business will have owners, corporate officers, co orate directors, partners, managers, members, etc. Complete the information below -

To provide information on more than one person or entity for boxes 1 to 5, please use back of page, blank page, or another copy of this form.

1 Name of Primary Officer, Partner, Owner, Manager, Member, Director

2 Position or title with business entity

3 Address (if different from above)

4 Who is authorized to execute contracts and other documents?

5 What is the title or position of the person listed in #4?

6 Please provide a document (resolution, bylaw, agreement, etc.) that states the person identified in #4 has authority to execute contracts or execute affidavit.

In signing this form, I acknowledge that I have read the above and state that the information contained therein is true and correct.

Signature: __________________ _ Date:----------------

Print Name: ------------------ Print Title: --------------

RFB 2023-072 Page 50

ESTABLISHING AUTHORITY TO EXECUTE CONTRACT

When an instrument is signed on behalf of a business entity, documentation must be submitted that states the person signing on behalf of the business entity has the authority to do so. That documentation may be in the form of a resolution ap2roved by a CO!J)Orate board of directors, charter 2rovisions, by-laws, partnership agreement, etc.

If a business entity has a document authorizing one or more individuals to enter into contracts or execute any ·nstrument in the name of the business entity that it may deem necessar for carrying on the business of the entity, a certified co y of that document may be submitted.

If the business has a document stating who can execute documents for the business (such as a corporate resolution, charter provision, co orate bylaw, etc), the certification below may be signed and that document attached to this 2age.

CERTIFICATION REGARDING ATTACHED DOCUMENT

I, the undersigned person, as the {title} _________________________ of

{business entity} , certify that the attached document authorizes [name of person] ________________________ to execute contracts and other documents on behalf of said business entity and said document has not been revoked, altered, or amended and is still in full force and effect.

SIGNED this _ __ day of ____________ , 20 _ __

(Signature)

Print Name

Attach Document to this Form

RFB 2023-072 Page 51

If a corporation does not have a document authorizing someone execute contracts on behalf of the corporation, this resolution form may be used to establish that authority.

RESOLUTION FOR CORPORATION

BE IT RESOLVED by the Board of Directors of ______________________ _

(Name of Corporation) that is hereby authorized to execute a contract with the

(Name)

City of Waco to complete/construct

(Name of Project, Project No.)

_____________________ _, Secretary is authorized to attest he signature binding the corporation.

(Corporate Seal)

ATTEST:

Secretary of Corporation

Corporate Name

By:- - -- - -- - -- - -- - -- -

Title:

CERTIFICATION

!, ________________________ � certify that the above resolution was (Secretary of Corporation) adopted by the Board of Directors of __________________________ _ (Corporation) at a meeting on the _______ day of ___________ � 20

(Signature of Secretary)

(Print Name of Secretary)

(Email Address)

RFB 2023-072 Page 52

If business entitv has no document declaring wh0 has authority to execute a contract on behalf of a business entity, this affidavit must be completed.

AFFIDAVIT OF AUTHORITY TO SIGN FOR COMPANY, CORPORATION OR PARTNERSHIP

Name of Business Entity:-----------------------------

Which is: D Corporation D Professional Corporation

D Limited Partnership D Limited Liability Partnership

D Professional Limited Liability Company

D General Partnership

D Limited Liability Company

On behalf of the above named business entity, I, the undersigned, certify and affirm that the following named person has authority to execute contracts and other documents on behalf of said business entity:

Name:-----------------------------------

Title: ------------------------------------

I declare under penalty of perjury that the above is true and correct.

Signature

Print Name

Print Title

STATE OF

COUNTYOF

SWORN TO AND SUBSCRIBED BEFORE ME this _ _ _ _ __ day of _ __ _ , A.D., 20

(seal)

Notary Public

My Commission Expires:

RFB 2023-072 Page 53

Application for Local Preference Consideration

Section 271.905 (b) of the Texas Local Government Code

"CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS:

If you DO NOT have your principal place of business located within the City of Waco city limits -

STOP - do not fill out this form.

Texas Local Government Code Section 271.905 (b ): In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more bids from a bidder whose principal place of business is in the local government and whose bid is within three percent of the lowest bid price received by the local government from a bidder who is not a resident of the local government, the local government may enter into a contract with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government.

THIS "APPLICATION FOR LOCAL PREFERENCE CONSIDERATION" DOES NOT MEAN

THAT THE CITY OF WACO IS LIMITING RESPONSES TO THIS REQUEST FOR

BIDS/PROPOSALS TO ONLY THOSE BUSINESSES LOCATED WITHIN THE CITY LIMITS.

ALL BIDS/PROPOSALS ARE WELCOME. THE CITY RESERVES THE RIGHT TO REJECT

ALL BIDS.

BIDDERS WHO WISH TO QUALIFY UNDER THE LOCAL PREFERENCES LAW MUST

HAVE THEIR PRINCIPAL PLACE OF BUSINESS LOCATED WITHIN THE WACO CITY

LIMITS.

If your principal place of business is within the Waco city limits AND you want to apply for local preference consideration, then you MUST:

1. Complete this form; and

2. Describe in writing. and attach supporting documentation, the additional economic development opportunities for the City of Waco that will be created if you are awarded this contract. Include the number of City of Waco residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of Waco if you are awarded this contract.

I certify that I am a local bidder.

COMPANY NAME:

ADDRESS OF PRINCIPAL PLACE OF BUSINESS (DO NOT PUT P.O. MAILING ADDRESS):

PRINTED NAME:

SIGNATURE:

***Read item #2 above BEFORE signing. ***

RFB 2023-072 Page 54

Application for Local Preference Consideration

Section 271.9051 (b) of the Texas Local Government Code

"CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS IN

CERTAIN MUNICIPALITIES":

If you DO NOT have your principal place of business located within the City of Waco city limits - STOP - do not fill out this form.

Texas Local Government Code Section 271.9051 (b): In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount ofless than $100,000 or a contract for other purchases in an amount ofless than $500,000 with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.

THIS "APPLICATION FOR LOCAL PREFERENCE CONSIDERATION" DOES NOT MEAN

THAT THE CITY OF WACO IS LIMITING RESPONSES TO THIS REQUEST FOR

BIDS/PROPOSALS TO ONLY THOSE BUSINESSES LOCATED WITHIN THE CITY LIMITS.

ALL BIDS/PROPOSALS ARE WELCOME. THE CITY RESERVES THE RIGHT TO REJECT

ALL BIDS.

BIDDERS WHO WISH TO QUALIFY UNDER THE LOCAL PREFERENCES LAW MUST

HAVE THEIR PRINCIPAL PLACE OF BUSINESS LOCATED WITHIN THE WACO CITY

LIMITS.

If your principal place of business is within the Waco city limits AND you want to apply for local preference consideration, then you MUST:

1. Complete this form; and

2. Describe in writing, and attach supporting documentation, the additional economic development opportunities for the City of Waco that will be created if you are awarded this contract. Include the number of City of Waco residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of Waco if you are awarded this contract.

I certify that I am a local bidder.

COMPANY NAME:

ADDRESS OF PRINCIPAL PLACE OF BUSINESS (DO NOT PUT P.O. MAILING ADDRESS):

PRINTED NAME:

SIGNATURE:

*** Read item #2 above BEFORE signing. ***

RFB 2023-072 Page 55

INSTRUCTIONS FOR CONFLICTS OF INTEREST

QUESTIONNAIRE [Form CIQ]

Chapter 176 of the Texas Local Government Code requires vendors who wish to conduct business or be considered for business with a city to file a "conflict of interest questionnaire." The Texas Ethics Commission (TEC) created the conflict of interest questionnaire (Form CIQ).

Who must complete and filed CIQ form?

Every vendor doing business with the City or seeking to do business with the City must complete Box 1 and sign and date in Box 7. Whether or not a conflict exists determines the other information to include on the form.

Who is a vendor?

The term "vendor" includes a partnership, corporation or other legal entitles, including those performing professional services. Partnerships or corporations act through individuals, but it is the partnership or corporation that is doing business with or seeking to do business with the City.

If the vendor seeking to do business with the City is a sole proprietorship, then just the name of the person who is the vendor is needed.

What triggers the requirement to file the Form CIQ?

When a vendor ( or an agent of the vendor) begins ( 1) contract discussions or negotiations with the city or (2) submits an application, quote, response to request for proposals or bids, or anything else that could result in an agreement (contract or purchase order) with the City, Form CIQ must be completed.

Whether the vendor initiates the discussion or the City initiates the discussions, Form CIQ must be completed. The monetary amount or value of the contract/purchase does not matter. The contract or purchase may involve the sale or purchase of property, goods, or services with the City of Waco

When does a conflict requiring disclosure exist? What has to be revealed?

• A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with the City of Waco and the vendor:

(1) has an employment or other business relationship with an officer of the City of Waco, or a family member of an officer, that results in taxable income exceeding $2,500 during the 12 month period preceding the date a contract/purchase is executed or a contract/purchase is being considered; or

(2) has given an officer of the City of Waco, or a family member of an officer, one or more gifts with the aggregate value of more than $100 in the 12 month period preceding the date a contract/purchase is executed or a contract/purchase is being considered

(3) has a family relationship with an officer of the City of Waco.

What family relationships create a conflict?

A "family member" is a person related to another person within the first degree by consanguinity (blood) or affinity (marriage), as described by Subchapter B, Chapter 573, Texas Government Code.

The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives.

"Family relationship" means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Texas Government Code.

RFB 2023-072 Page 56

Who are officers of the City of Waco?

Officers are the members of the Waco City Council, the City Manager, and any agent or employee who exercises discretion in the planning, recommending, selecting, or contracting with a vendor. An agent may include engineers and architects, as well as others, who assist the City is making a decision on some contract or purchase.

When must a vendor file the conflict of interest questionnaire?

No later than seven days after the date the vendor: (a) begins contract discussions or negotiations with the city, or (b) submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with a city, or ( c) becomes aware of an employment or other business relationship with an officer or family member of the officer that the vendor (i) has made one or more gifts of more than $100 or (ii) has a family relationship with.

How do I go about filling out the Conflict of Interest Questionnaire form?

Section 1: Fill in the full name of the person or company who is trying to do business with the City. If the "person" is a corporation, partnership, etc., then it is the name of that corporation, partnership, etc., that is required on Form CIQ. If a sole proprietorship, then just the name of the individual is needed. If the "person" is an individual acting as an agent for some other person or a company, then it is the agent's name. Any time an agent is involved, two FORM CIQs must be completed and submitted: one for the agent, and one for the person or company that the agent acted for. The agent's FORM CIQ must note the vendor that the agent acted for.

Section 2: Check box if the form is an update to a form previously completed. Updates are required by the 7th business day after an event that makes a statement in a previously filed questionnaire incomplete or inaccurate. Updates are also required by September 1 of each year in which the person submits a proposal, bid or response to the City of Waco or begins contract discussions or negotiations with the City.

Section 3: Insert the name of the City of Waco officer with whom there is an affiliation to or business relationship. If there is more than one City officer with whom there is an affiliation or business relationship, a separate form should be completed for each officer.

Section 4: Check the "Yes" or "No" box in Section 4 A or B.

4.A: State whether the officer named on the form receives or is likely to receive taxable income, other than investment income, from the vendor filing the questionnaire.

4.B: State whether the vendor receives or is likely to receive taxable income, other than investment income, from or at the direction of the officer named on the form AND the taxable income is not received from the City.

Section 5: Describe each employment or business relationship with the local government officer named on the form.

Section 6: Check box to acknowledge gifts made that require disclosure.

Section 7. Person completing form must date and sign the form. If the form is being completed for a corporation, partnerships, etc., the person signing should be someone who is authorized to act on behalf of the corporation, partnership, etc.

A signature is required in box #4 regardless of any other entry on the form, A copy of

Chapter 176 of the Texas Local Government Code can be foundat:

http ;//www.statutes,legis,state,tx,us/SOTWDocs/LG/htm/LG, 17 6,htm

RFB 2023-072 Page 57

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ

For vendor doing business with local governmental entity

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

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 This includes the than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. vendor name even A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An if a conflict does offense under this section is a misdemeanor. not exist

Name of vendor who has a business relationship with local governmental entity. ✓ Insert name of vendor seeking to do business with the City of Waco

..:..I 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.)

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

pnsert name of officer with whom there is business, employment or family relationship. If no conflict, insert N/A. I

_iJ

_:J

Name of Officer

Describe each employment or other business…