ESBD_File_346548_IFB 24-039 Shoreline Restoration at QVGC.pdf

IFB No. 24-039 Page 1 of 10

Maintenance

INVITATION FOR BID (“IFB”) 24-039

SHORELINE RESTORATION OF HOLES 5 & 18

AT THE QUAIL VALLEY GOLF COURSE (“QVGC”)

December 20, 2023

The City of Missouri City (“CITY”), Texas is soliciting competitive sealed bids with the intent to establish a contract with a contractor who can provide all the necessary personnel, supervision, transportation, equipment, insurance, bonds, materials, supplies, parts, and any other ancillary item(s) or service(s) needed to establish the shoreline of eroded areas and perform slope failure repairs on holes 5 and 18 at a city-owned lake at the “QVGC”.

All work will be done in accordance with Exhibit A QVGC Hole 5 & Hole 18 Shoreline Restoration, Exhibit B Technical Specifications, and the terms and conditions specified herein.

Potential Bidders who wish to respond to this solicitation must submit the required documents specified in Section 40 Submittals in a sealed envelope/package by 3 P.M. Central Daylight Time (“CDT”) February 2, 2024, addressed to:

The City of Missouri City, Texas Attn: City Secretary’s Office

Subject: IFB 24-039 (Do Not Open) 1522 Texas Parkway, Missouri City, Texas 77489

Prospective bidders are highly encouraged (but not required) to attend a pre-bid conference to learn more about the requirements of this solicitation. Information regarding the pre-bid conference can be found in Exhibit C Procurement Schedule.

Prospective bidders are responsible for monitoring the State of Texas Electronic State Business Daily Search (“EBSD”), and the other websites listed in Exhibit C Procurement Schedule for any Amendments to this solicitation.

The CITY will accept sealed envelopes/packages between the hours of 8 A.M. and 5 P.M. Monday through Friday only at the above location and is not responsible for sealed envelopes/packages delivered late and/or to the incorrect address. The CITY will not accept electronic responses to this solicitation, nor evaluate responses that are received after the specified due date.

Prospective bidders should pay particular attention to Exhibit C Procurement Schedule which contains information on where to send questions regarding this solicitation.

Purchasing Division Financial Services Department City of Missouri City, Texas https://www.txsmartbuy.com/esbd http://www.missouricitytx.gov/

IFB No. 24-039 Page 2 of 10

Terms and Conditions

Section 1. Amendments:

The CITY reserves the right to change the requirements and terms and conditions specified herein via an Amendment, and any Amendment(s) is binding as if it were originally incorporated in this solicitation.

The CITY will not be bound by any oral explanations, instructions, clarifications, representations, or requirements regarding this solicitation unless it is issued by the CITY via an Amendment.

Potential bidders parties are highly encouraged to monitor the websites listed in Exhibit C Procurement Schedule for any Amendment(s) that may affect this solicitation.

Section 2. Anti-Trust Violations:

Potential bidders that engage in consistent and continued tie bidding could cause rejection of their bids by the CITY and result in an investigation for possible Anti-trust violations.

Section 3. Basis for Award:

The CITY intends to award a turnkey fixed-price contract to the lowest responsible bidder or to the bidder who can provide the required goods or services at the best value for the CITY.

In determining the best value for the CITY may consider the:

• Purchase price;

• Reputation of the bidder and the bidder's goods or services;

• Quality of the bidder's goods or services;

• Extent to which the goods or services meet the CITY's needs;

• Bidder's past relationship with the CITY;

• Impact on the ability of the CITY to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations

• Employing persons with disabilities;

• Total long-term cost to the CITY to acquire the bidder's goods or services, and,

• Any relevant criteria specifically listed in the request for bids or proposals.

The term “responsible" refers to the financial, practical ability, experience, and safety record of a potential bidder.

Section 4. Bid Forms:

All documents relating to this solicitation can be obtained from the websites listed in Exhibit C Procurement Schedule, and potential bidders are responsible for ensuring they have this complete solicitation (including any documents incorporated by reference) and are familiar with the project requirements and terms and conditions specified herein.

Section 5. Bid Opening:

The CITY will publicly open the sealed responses immediately after the due date specified on page 1 of this solicitation, or the date and time specified in any Amendment(s) issued by the CITY.

IFB No. 24-039 Page 3 of 10

Potential bidders may attend the public opening of the sealed bids by reporting to the front desk at Missouri City Hall 1522 Texas Parkway Missouri City, Texas 77489, and letting the receptionist know of their desire to attend the bid opening.

The name of each bidder and their total bid price will be announced publicly, and the CITY will not determine the successful bidder at that time. Opened bids cannot be changed.

All bids will become the property of the CITY, and they will not be returned to the bidder.

Section 6. Bidder’s Responsibility:

At the time of the opening of the sealed bids, the bidder is assumed to have inspected/visited the job sites (if applicable), understand the scope of the project requirements, and be familiar with the terms and conditions of the proposed contract.

Section 7. Bid Validity Period:

All bids submitted to the CITY shall be valid for ninety (90) days from the specified due date.

Section 8. Billable Charges:

All billable charges shall be included in the unit price and reflected in the Total Bid Price.

Section 9. Blackout Period:

Upon issuance of this solicitation and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award information, potential bidders nor persons acting on their behalf will not communicate (orally or in writing) with any appointed or elected official or employee of the CITY (including their families) regarding this solicitation. Such action may be perceived as trying to obtain an unfair competitive advantage by attempting to persuade or influence the outcome of this solicitation.

Nothing prevents a potential bidder from contacting the Purchasing Division (who is the sole contact for this solicitation) per Exhibit C Procurement Schedule, or from making public statements to City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council Committee convened to discuss a recommendation regarding this solicitation.

Section 10 Bonds:

General: Per Chapter 2253.021 of the Texas Local Government Code, when the CITY makes a public work contract with a prime contractor, the CITY shall require the contractor, before beginning the work, to execute to the CITY Performance and Payment Bonds.

Any required bonds must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code). A bond executed for a public works contract with the CITY must be payable to the CITY and it must clearly and prominently display on the bond or on an attachment to the bond:

• The name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2253.htm

IFB No. 24-039 Page 4 of 10

• The toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number.

The CITY is not requiring a contractor for any construction contract to obtain a surety bond from any specific insurance or surety company, agent, or broker.

Bid Bond: To satisfy the requirements of Local Gov't Code Section 262.032, each sealed bid must contain a Bid Bond in the amount of 5% of the total contract price. The Bid Bonds must be executed with a surety company authorized to do business in the State of Texas.

• The Bid Bond must be submitted in a separate sealed envelope, and it serves as a guarantee that if awarded the contract, the successful bidder will promptly enter into a contract and furnish the required Payment and Performance Bonds specified herein.

• The Bid Bond will be forfeited by the successful bidder and payable to the CITY without recourse if the successful bidder fails to execute and deliver a contract with the required Payment and Performance Bonds.

Performance Bond: If the Total Bid Price is $100,000 or greater, the performance bond shall be 100% of that amount. The performance bond shall be for a one-year term, and a new bond shall be submitted each year if the contract is renewed. The performance bond is solely for the protection of the CITY in the amount of the contract and is conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents.

Payment Bond: If the Total Bid Price is $50,000 or greater, the payment bond shall be 100% of that amount. The payment bond shall be for a one-year term, and a new bond shall be submitted each year if the contract is renewed. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the prime contractor or a subcontractor to supply public work labor or material and in the amount of the contract.

The required Payment and Performance Bonds will be submitted to the CITY within thirty

(30) days after receiving notification of the award from the CITY.

Section 11. Brand Names:

Any catalog, brand name, or manufacturer’s reference used in this solicitation is descriptive (and not restrictive) and is intended to indicate the type and quality desired. Bids on brands of like nature and quality will be considered. If bidding on other than reference specifications, the bidder must show the manufacturer, brand or trade name, lot number, etc., of what is being offered. If other than the brand(s) specified is offered, illustrations and complete descriptions should be submitted to the CITY. If a bidder takes no exceptions to the specifications or reference data, they will be required to furnish brand names, numbers, etc., as specified. All items bid shall be new, in first-class condition, and the manufacturer’s latest model and design including containers suitable for shipment and storage, unless otherwise indicated herein. Verbal agreements to the contrary will not be recognized.

https://statutes.capitol.texas.gov/Docs/LG/htm/LG.262.htm

IFB No. 24-039 Page 5 of 10

If the brochure or information included with the sealed bid does not exactly describe the item to be furnished, then its variance should be listed on Attachment B Exceptions.

Section 12. Cancellation:

The CITY reserves the right to cancel this solicitation at any time for any reason and may re-solicit the goods and services identified herein.

Section 13. Compliance with Laws:

The successful bidder shall:

• Ensure all equipment, supplies, and work furnished under the contract resulting from this solicitation complies with all applicable State and Federal Laws, City Ordinances, and any other regulations; and,

• Seek, obtain, and pay (independent of the CITY), all permits, certificates, and licenses required and necessary for the performance of the work specified herein, and post any notice(s) required by law.

Section 14. Contract:

Exhibit D Daft Construction Contract contains the terms and conditions of the proposed contract between the successful bidder and the CITY.

Section 15. Damages:

The successful bidder shall be responsible for any damage(s) to the CITY’s equipment or property while performing the work under the executed contract.

Section 16. Discrepancies:

A potential bidder who finds any ambiguities, errors, omissions, or inconsistencies in this solicitation should follow the instructions in Exhibit C Procurement Schedule regarding the submittals of questions.

Section 17. Due Diligence:

To protect the CITY’s best interests, the CITY may require a bidder (before the award of any contract), to show that it has the ability, capacity, and financial resources to provide the services specified herein in a satisfactory manner. Consequently, by submission of a bid, the bidder agrees to promptly furnish to the CITY any information needed as part of its due diligence.

Section 18. Equal Opportunity Employer:

The successful bidder acknowledges that they are an Equal Opportunity Employer. Should complaints of any form of discrimination, either in the dispensation of the service or within company hiring policies be substantiated, any contract issued as a result of this solicitation may be terminated immediately.

Section 19. Errors:

A bid that has been opened may not be changed to correct an error in the bid price. However, should there be an error between the unit price and the extension price, the unit price shall govern.

IFB No. 24-039 Page 6 of 10

Section 20. Ethical Behavior:

Potential bidders (and their authorized representatives/agents) will not engage in any behavior directly or indirectly that attempts to obtain favorable treatment concerning the outcome of this solicitation.

The CITY may, by written notice, cancel the contract without liability if it is determined by the CITY that a potential bidder who was awarded a contract engaged in unethical behavior.

Section 21. Exceptions:

Any proposed deviation(s) to the requirements or terms and conditions specified herein must be annotated on Attachment B Exceptions.

Statements listed therein may cause a bid to be disqualified by the CITY because agreeing to them may not be in the best interests of the CITY.

Section 22. Form 1295 Certificate of Interested Party:

To comply with § 2252.908 of the Texas Government Code, this solicitation will require the proposer to comply with the Texas Ethics Commission requirements regarding the disclosure of interested parties.

Therefore, the CITY requires that your sealed proposal/package include a completed Form 1295 which can be obtained by going to https://www.ethics.state.tx.us/filinginfo/1295/.

The CITY strongly encourages proposers to view the Instructional Video for Business Entities and read the Frequently Asked Questions.

Enter “24-039” as the Contract ID Number when prompted.

Section 23. Forms:

All documents relating to this solicitation can be obtained from the websites listed in Exhibit C Procurement Schedule, and respondents are responsible for ensuring they have the complete solicitation (including any documents incorporated by reference) and understand the project requirements and terms and conditions specified herein.

Bidders should thoroughly review the documents provided and are encouraged to ask questions (per Exhibit C Procurement Schedule) about this solicitation. By doing so, the proposer is provided with an opportunity to obtain as much information as they deem necessary about this project to their satisfaction (including any potential difficulties), with the goal to submit to a complete, professional, and competitive bid to the CITY.

Section 24. Freight:

All prices quoted shall be Free On Board (“FOB”) Destination.

Section 25. Informalities:

While evaluating the responses to this solicitation, the CITY may waive as an informality, any minor deviations in a bidder’s response provided such deviations do not affect a bidder’s competitive standing.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm https://www.ethics.state.tx.us/filinginfo/1295/

IFB No. 24-039 Page 7 of 10

Section 26. Infringements:

The successful bidder agrees to protect the CITY from claims involving infringement of patents or copyrights.

Section 27. Insurance:

Refer to Section 14 of Exhibit D Draft Construction Contract.

The successful bidder shall be liable for the health and safety of its employees while they are performing the work under the executed contract.

Section 28. Interlocal Agreement:

A Governmental entity that has an Inter-local Agreement with the CITY shall be allowed to utilize this contract if there is a mutual agreement between the entity and the contractor. Any usage by any entity of the contract is between the successful proposer and the individual entity, and shall not affect the award of a contract as a result of this solicitation.

Section 29. Invoices:

Invoices must be itemized and issued monthly. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned for correction. Invoices submitted for payment shall be emailed to accountspayable@Missouricitytx.gov.

Section 30. Notice To Proceed (NTP):

The CITY may issue an NTP to the successful proposer(s), and they agree to abide by the requirements, and terms and conditions specified therein.

Section 31. Pay:

The CITY shall pay for acceptable products/services net thirty (30) days after acceptance of the required goods and/or services. Acceptance by the CITY occurs when the CITY is satisfied with the delivered products and/or services.

The CITY reserves the right to process payments by use of a corporate Procurement Credit Card (“P-Card”) issued by J. P. Morgan Chase, and the successful bidder(s) agrees not to charge the CITY any fees associated with the use of the P-Card.

Section 32. Prevailing Wage Rates. To the extent applicable, the Contractor and all subcontractors shall comply with Texas Government Code Chapter 2258, relating to prevailing wage rates. For the purposes of work performed pursuant to public works contracts, CONTRACTOR shall pay not less than the prevailing wage rates as determined by the United States Department of Labor in accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et. seq.) and its subsequent amendments. Exhibits E thru H contain the applicable Prevailing Wage Rates.

Section 33. Pricing:

All risk and responsibility for pricing shall remain with the successful bidder, and all prices quoted shall be turnkey and remain firm during the term of the executed contract. Any deviation(s) from this requirement must be annotated on Attachment B Exceptions.

All prices submitted to the CITY will be developed independently and in a professional business-like manner that will not restrict competition.

mailto:accountspayable@Missouricitytx.gov

IFB No. 24-039 Page 8 of 10

At the time of the opening of the sealed bids, a bidder is assumed to have inspected/visited the job sites (if applicable), understand the scope of the project requirements, and be familiar with the terms and conditions of the proposed contract.

Section 34. Proprietary Information:

All bids received and opened by the CITY are subject to the Texas Government Code, Chapter 552, and will be made available to the public. Except for the prices which shall not be kept confidential, bidders seeking to keep any other portion(s) of their bid confidential shall mark that portion as “Proprietary”. The CITY will, to the extent allowed by law, endeavor to protect such information from disclosure. The CITY may request a review and determination from the Attorney General’s Office of the State of Texas, of any Bid contents marked as “Proprietary”. A copyright notice or symbol is insufficient to identify proprietary or confidential information.

Section 35. Project Manager:

Refer to Section 9 of Exhibit D Draft Construction Contract.

Section 36. Requirements:

All goods and/or services offered (and subsequently delivered to the CITY), must meet or exceed the minimum specifications and requirements specified herein.

Section 37. Reservation of Rights:

The CITY expressly reserves the right to:

• Reissue this solicitation, and reject or cancel any or all bids;

• Specify approximate quantities in this solicitation:

• Extend the closing date and time of this solicitation;

• Procure the required good(s) or service(s) by other means;

• Add additional terms or modify existing terms in this solicitation;

• Reject a bid that has material omissions and/or contains fraudulent information;

• Consider alternate bids if specified herein when it is most advantageous to the CITY;

• Reject any bid containing exceptions, additions, qualifications, or conditions not called for in this solicitation; and/or,

• Reject any bid received from a bidder who is currently debarred or suspended by the

City, State, or Federal Government.

Section 38. Silence of Specifications:

The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality shall be used. All interpretations of specifications shall be made on the basis of this statement.

Section 39. Site Visit:

The CITY may visit a bidder’s site/facility to determine firsthand if they have the capacity, resources, and personnel to perform the work specified herein.

IFB No. 24-039 Page 9 of 10

Section 40. Submittal Documents:

The sealed bid must contain the original bid, with the required documents bound, signed, and submitted on a flash drive in the following sequence:

• Attachment A Bid Cover Sheet

• Attachment B Exceptions

• Attachment C Customer References

• Attachment D Questionnaire

• Attachment E Resident Certification

• Attachment F Application for Local Preference Consideration (if applicable)

• Attachment G Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Page 2 of 2 only)

• Attachment H Price Sheet

(Note: The completed Excel spreadsheet must be submitted on the flash drive with the sealed bid.)

• Form 1295 Certificate of Interested Party

• Current Certificate of Insurance

• Bid Bond (See Section 10.)

Incomplete responses may be deemed non-responsive and removed from further consideration.

The CITY is not responsible or liable for any costs (directly or indirectly) incurred in the development of a response to this solicitation.

Section 41. Substitutions:

Substitutions or deviations from the requirements or terms and conditions specified herein will not be accepted unless it has the prior written approval of the CITY.

Section 42. Supplements:

The following documents referenced in this solicitation are attached herein:

• Attachment A Bid Cover Sheet

• Attachment B Exceptions

• Attachment C Customer References

• Attachment D Questionnaire

• Attachment E Resident Certification

• Attachment F Application for Local Preference Consideration (if applicable)

• Attachment G Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Page 2 of 2 only)

• Attachment H Price Sheet

• Exhibit A City of Missouri City Quail Valley Golf Course

• Exhibit B Technical Specifications

• Exhibit C Procurement Schedule

• Exhibit D Draft Construction Contract

• Exhibit E Prevailing Wages (Building)

• Exhibit F Prevailing Wages (Heavy)

• Exhibit G Prevailing Wages (Residential and Landlord)

• Exhibit H Prevailing Wages (Highway)

IFB No. 24-039 Page 10 of 10

Bidders are responsible for ensuring they have the complete solicitation (including any documents incorporated by reference) and understand the project requirements and terms and conditions specified herein.

Section 43. Taxes:

The CITY is tax-exempt; consequently, quoted prices should not include taxes.

Section 44. Withdrawal of a Bid:

A bid may be withdrawn (i.e., removed from further consideration) after it has been received by the CITY, provided a letter addressed to the City’s Procurement Manager is e-mailed to Bids@missouricitytx.gov stating this request and the reason for the withdrawal.

mailto:Bids@missouricitytx.gov

Attachment A Page 1 of 1

IFB 24-039

Attachment A Bid Cover Sheet

INVITATION FOR BID (“IFB”) 24-039

SHORELINE RESTORATION OF HOLES 5 & 18

AT THE QUAIL VALLEY GOLF COURSE

LEGAL NAME OF COMPANY

PRIMARY CONTACT PERSON TITLE

PRIMARY TELEPHONE/CELL NUMBER E-MAIL ADDRESS

ALTERNATE CONTACT PERSON TITLE

ALTERNATE TELEPHONE/CELL NUMBER E-MAIL ADDRESS

COMPLETE MAILING ADDRESS CITY/STATE/ZIP CODE

COMPLETE STREET ADDRESS CITY/STATE/ZIP CODE

(IF DIFFERENT THAN MAILING ADDRESS)

HISTORICALLY UNDERUTILIZED BUSINESS AUTHORIZED SIGNATURE

(YES OR NO)

YES AS DEFINED BY SECTION 2161.001 OF _____________________________________

THE GOVERNMENT CODE. COMPANY TAX ID NO.

The above agrees to comply with the requirements and terms and conditions annotated in the above-referenced solicitation and is providing the documents and information identified in the Section entitled: “Submittals”.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

Attachment B Page 1 of 1

Attachment B Exceptions

The (insert name of your company) _________________________________________________ check one: *does not have (__) or **has (__) the following exceptions to the requirements specified in this solicitation:

NAME OF AUTHORIZED INDIVIDUAL SIGNATURE

Notes:

*This Attachment must be completed even if there are no exemptions.

**Attach additional sheets if necessary.

Attachment C Page 1 of 1

Attachment C Customer Reference List

Provide three (3) former or current customers your Firm has provided services similar to the work specified in this solicitation:

Customer Reference No. 1

Company Name:

Complete Address:

Name of Contact Person:

Title of Contact Person:

Phone Number:

E-mail Address:

Contract Award Date:

Dollar Amount of Contract:

Description of Services/Contract:

Customer Reference No. 2

Company Name:

Complete Address:

Name of Contact Person:

Title of Contact Person:

Phone Number:

E-mail Address:

Contract Award Date:

Customer Reference No. 3

Company Name:

Complete Address:

Name of Contact Person:

Title of Contact Person:

Phone Number:

E-mail Address:

Contract Award Date:

Attachment D Page 1 of 2

Attachment D

Questionnaire

Debarment/Suspension Information: Have you or any of the principal(s) of your company been debarred or suspended from contracting with any public entity?

Yes ___ No ___ If “Yes”, identify the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension, and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension.

Surety Information: Have you had a bond or surety canceled or forfeited?

Yes ___ No ___ if “Yes”, state the name of the bonding company, date, amount of bond, and reason for such cancellation or forfeiture.

Bankruptcy Information: Have you ever declared bankruptcy or filed for protection from creditors under state or federal proceedings?

Yes ___ No ___ if “Yes”, state the date, court, jurisdiction, case number, amount of liabilities, and amount of assets.

Disciplinary Action: Have you received any disciplinary action, or any pending disciplinary action, from any regulatory bodies or professional organizations? If “Yes”, state the name of the regulatory body or professional organization, date and reason for disciplinary or impending disciplinary action.

Attachment D Page 2 of 2

Previous Contracts:

Have you ever failed to complete any contract awarded?

Yes ___ No ___ If “Yes”, state the name of the organization contracted with, services contracted, date, contract amount and reason for failing to complete the contract.

Has any officer or partner proposed for this assignment ever been an officer or partner of some other organization that failed to complete a contract?

Yes ___ No ___ If “Yes”, state the name of the individual, the organization contracted with, services contracted, date, contract amount, and reason for failing to complete the contract.

Has any officer or partner proposed for this assignment ever failed to complete a contract handled in his or her own name?

Yes ___ No ___ If “Yes”, state the name of the individual, the organization contracted with, services contracted, date, contract amount, and reason for failing to complete the contract.

How many full-time employees does your company employ? ________

Do you plan to subcontract any portion of the work specified herein: Yes ___ No ___

If you plan to subcontract any portion of the work, are any of the subcontractors a Historically

Underutilized Business as defined by Section 2161.001 of the Government Code? If yes, please identify:______________________________________________________________ https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

Attachment E

Resident Certification

Chapter 2252 of the Texas Government Code “CONTRACTS WITH GOVERNMENTAL

ENTITY, SUBCHAPTER A. NONRESIDENT BIDDERS”:

In accordance with Chapter 2252 of the Texas Government Code, a governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is:

(1) Not less than the greater of the following: (A) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located; or (B) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which a majority of the manufacturing relating to the contract will be performed; or

(2) Not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in: (A) the state in which the nonresident’s principal place of business is located; or (B) a state in which the nonresident is a resident manufacturer.

Definitions

(3) "Government contract” means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment.

(4) "Governmental entity” includes a municipality.

(5) “Nonresident bidder” refers to a person who is not a resident.

(6) “Resident bidder” refers to a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.

I certify that as defined in Texas Government Code, Chapter 2252 that:

Yes, I am a Texas Resident bidder

No, I am not a Texas Resident bidder

COMPANY NAME:

SECRETARY OF STATE FILING NUMBER: _______________________________

PRINTED NAME:

SIGNATURE:

Attachment E Page 1 of 1

Attachment F 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 Missouri City, Texas – 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 of less than $100,000 or a contract for other purchases in an amount of less 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 the 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

THE CITY OF MISSOURI CITY, TEXAS IS LIMITING RESPONSES TO THIS SOLICITATION

ONLY TO THOSE BUSINESSES LOCATED WITHIN THE CITY LIMITS. ALL RESPONSES

ARE WELCOME. THE CITY RESERVES THE RIGHT TO REJECT ALL RESPONSES.

INTERESTED FIRMS WHO WISH TO QUALIFY UNDER THE LOCAL PREFERENCES LAW

MUST HAVE THEIR PRINCIPAL PLACE OF BUSINESS LOCATED WITHIN THE LIMITS

CITY OF MISSOURI CITY, TEXAS.

If your principal place of business is within the Missouri City, Texas 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 Missouri City, Texas that will be created if you are awarded this contract. Include the number of Missouri City, Texas residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of Missouri City, Texas 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. ***

Attachment F Page 1 of 1 https://statutes.capitol.texas.gov/Docs/LG/htm/LG.271.htm

Attachment G

Instructions For Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Federal Funding

1. By signing and submitting this proposal and the certification form, the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) is providing the certification set out on the following form in accordance with these instructions.

2. The certifications in this clause are a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective participant (BIDDER/PROPOSER/ SUBRECIPENT) knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) shall provide immediate written notice to the person to whom this bid/proposal is submitted if at any time the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, "without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower-tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the No Procurement List.

8. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Attachment G Page 1 of 2

Certification Regarding Debarment, Suspension, Ineligibility, And Voluntary Exclusion

Project Name:

Location:

Solicitation No.:

This certification is required (or may be required) by the federal regulations implementing Executive Order 12549, Debarment and Suspension. The regulations were published as Part VII of the May 26, 1988, Federal Register (pages 19160-19211).

READ INSTRUCTIONS BEFORE COMPLETING THE CERTIFICATION

(1) The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) certifies, by submission of this document that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State Department or Agency.

(2) Where the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation.

Company

Name and Title of Authorized Representative

Signature Date

Attachment G Page 2 of 2

Attachment H Price Sheet IFB 24-039

Instructions: The Price Sheet is formatted so that you can only unit prices and the number of calendar days to complete this project.

Item Item Description Est. Qty. Unit Unit Price Extension Price

4-1/2" THICK, 8' WIDE CONCRETE CART PATH, COMPLETE AND IN

PLACE 20 SY $ -

2 SAWCUT CONCRETE PAVEMENT, COMPLETE AND IN PLACE 40 LF $ -

3 REMOVE AND DISPOSE OF EXISTING CONCRETE DRIVEWAYS AND

SIDEWALKS TO SUITABLE LANDFILL OR APPROVED EQUAL.

COMPLETE AND IN PLACE

20 SY

EXCAVATION AND REMOVAL OF EXISTING LANDSCAPING AND

OTHER MATERIALS, INCLUDING DISPOSAL OF EXCESS MATERIAL

FROM SITE. COMPLETE AND IN PLACE

10 CY $ -

5 SOLID SOD BURMUDA 419 GRASS OF THE DISTURBED AREAS AND

PROVIDE WATERING UNTIL VEGETATION ESTABLISHMENT.

COMPLETE AND IN PLACE

24,100 SY

6 CONSTRUCTION AND MAINTENANCE OF EROSION CONTROL AND

STORM WATER POLLUTION PREVENTION DEVICES FOR PROJECT.

COMPLETE AND IN PLACE

1 LS

7 CONTRACTOR'S MOBILIZATION. COMPLETE AND IN PLACE 1 LS $ -

8 PROVIDE INSURANCE, PAYMENT AND PERFORMANCE BONDS,

AND INCLUDE $150.00 CITY CONTRACTOR REGISTRATION FEE.

COMPLETE AND IN PLACE

1 LS

9 RESTORE TO EXISTING CONDITIONS OF ALL DISTURBED AREA

DURING CONSTRUCTION. COMPLETE AND IN PLACE

1 LS $ -

CEMENT STABILIZED SAND (2.0 SACKS CEMENT PER CUBIC YARD).

COMPLETE AND IN PLACE 20 CY $ -

11 INSTALLATION AND REMOVAL OF ORANGE SAFETY FENCING (4'),

COMPLETE AND IN PLACE

1 LS

CONSTRUCTION AND MAINTENANCE OF SOX SYSTEM EROSION

CONTROL SYSTEM, COMPLETE AND IN PLACE

1 LS $ -

OWNER'S ALLOWANCE FOR LANDSCAPING AND IRRIGATION

REPAIRS (TO BE USED AT CITY'S DISCRETION), COMPLETE AND IN

PLACE

1 ALLOW.

Total Bid Price: -$

Company Name:

Name of Authorized Individual:

Signature of Authorized Individual:

Number of Calendar Days to Complete Project:

Once this Price Sheet is completed, it must signed by an authorized representative of your company, printed, and provided with the other documents specified in the Submittals Section of IFB 24-039. To verify the Total Bid Price, the completed Price Sheet must be submitted on a flash drive as required per the Submittals Section of IFB 24-039.

Cover Page

To

Exhibit A

City of Missouri City Quail Valley Golf Course

Hole 5 & 18 Hole Shoreline Restoration

Cover Page

To

Exhibit B

Technical Specifications

CLEARING, GRADING, AND EARTHWORK

Clearing, Grading, and Earthwork - 1

CLEARING, GRADING, AND EARTHWORK

1. SCOPE:

This section includes the furnishing of all plant, labor, equipment, and materials, and the performance of all operations required to complete the earthwork and grading indicated on the drawings and herein specified, including in general the following: Clearing and grubbing, stripping, excavating, filling, preparation of subgrade, and finished grading of a roadway or drainage ditch in conformity with the line, continuous grade, and typical cross-sections shown on the plans.

2. PROTECTION:

Prior to any earthwork operations, existing utilities, facilities, and/or permanent objects shall be adequately protected. Any cost resulting from damage to the property of the owner due to negligence and/or lack of adequate protection shall be borne by the Contractor.

3. CLEARING AND GRUBBING:

3.1 Minimum Requirements: Clearing and grubbing shall consist of the removal and disposal of trees, stumps, brush, roots, vegetation, logs, rubbish, and other objectionable matter.

3.2 Construction Methods: The entire work area shall be cleared and grubbed of all trees, stumps, brush, logs, and rubbish, except that any curb, sidewalk, storm sewer or appurtenances, or concrete pavement to be constructed under this contract will not be removed. All stumps and roots shall be removed to a depth of two (2) feet below finished subgrade elevation over an area bounded by lines two (2) feet back of curbs. On all other areas, stumps and roots shall be removed to a depth of two (2) feet below the finished surface of the required cross-section.

3.3 Disposal: All cleared and grubbed materials shall become the property of the contractor and shall be removed from the site of the work or disposed of in a satisfactory manner.

4. STRIPPING:

4.1 Minimum Requirements: Stripping consists of the excavations, removal, and satisfactory disposal of all humus, vegetation, or other unsuitable material encountered in all areas which underlie compacted fill or pavement.

4.2 Disposal: All materials from the stripping operation shall be removed from the site and disposed of by the contractor.

5. EXCAVATION:

After all stripping has been done, excavation of every description and of whatever substances encountered within the grading limits of the project shall be performed to the lines and grades indicated on the drawings. All suitable excavated material shall be transported to and placed in the fill areas within the limits of the work as specified and as shown on the drawings. Where material encountered within the limits of the work is unsuitable, such materials shall be excavated below the grade shown on the drawings, and then replaced with suitable material. All excavated material which is not required for fill shall be known as "waste" and shall be satisfactorily disposed of by the

Clearing, Grading, and Earthwork - 2 contractor. All waste shall be disposed of outside the limits of the work. During construction, excavation and filling shall be performed in a manner and sequence that will provide drainage at all times.

6. GRADING:

Grading shall include all necessary scarifying, plowing, moving, and shaping of the earth to afford site drainage and bring the roadbed, slopes, and ditches to the grade line established on the plans and conforming to the typical cross-section shown on the plans.

All undesirable material shall first be removed from within the section to be graded and disposed of as directed by the Engineer.

All materials placed within the limits of the roadbed, under this item, shall be constructed in successive layers, for the full width of the roadbed and in such lengths as are suited to the sprinkling and compaction methods utilized. Prior to compaction, each layer shall not exceed six (6) inches in depth unless otherwise directed by the Engineer, and shall otherwise conform to the requirements of the governing specifications. Around and adjacent to structures, trees, and other obstructions, where it is impractical to do the required work with the equipment specified, such work shall be done by hand labor methods or other approved means.

7. EMBANKMENTS AND FILLS:

7.1 Preparation of Ground Surfaces: All vegetation such as stumps, roots, brush, heavy sods, heavy growth of grass, and all decayed vegetable matter, rubbish, and other unsuitable material within the area upon which fill is to be placed, shall be stripped or otherwise removed before the fill is started. In no case will such objectionable material be allowed to remain in or under the fill area. Sloped ground surfaces steeper than one vertical to four horizontal on which fill is toe place, shall be plowed, stepped (benched), or broken up in such manner that the fill material will bond with the existing surface. Prepared surfaces shall be scarified and compacted to 95 percent density at optimum moisture content.

7.2 Formation of Embankments and Fills: Embankments shall be constructed at the locations and to lines and grades indicated on the drawings, within the limits of the work. Embankments shall be formed from earth free from roots or other organic material, trash, frozen material, and rock or stones having a maximum dimension greater than three (3) inches. Embankments shall be constructed in layers and compacted as indicated in the following paragraph or as required in the plans.

8. SUBGRADE PREPARATION:

8.1 General: The subgrade shall be constructed to the lines and grades and typical cross-sections indicated on the drawings and shall allow for the full thickness of the pavement section. In cut areas the subgrade shall be scarified to a depth of seven (7) inches below the surface of the finished subgrade and compacted to 95 percent of maximum density at optimum moisture as determined by AASHO T-99. Material which is not compactable will be under-cut and replaced with acceptable material excavated within the limits of the project. Material will be deemed not compactable if the required compaction percentage cannot be attained by the use of 25 passes by compaction equipment. The removing and replacing of the unsuitable material will be measured and paid for as "extra excavation". No payment for extra excavation will be made for removing and replacing materials used in the formation of fills or embankments which will not compact to the required density. After compaction, the surface of the subgrade shall not show any deviation

Clearing, Grading, and Earthwork - 3 in excess of 1/10 foot when tested with a ten (10) foot straightedge applied both parallel to and at right angles to the centerline of the area. The elevation of the finished subgrade shall conform to the elevations shown on the drawings.

8.2 Protection of Subgrade: During construction the subgrade shall be kept shaped and drained.

Ditches and drains along the subgrade shall be maintained in such a manner as to drain effectively at all times. When ruts of two (2) inches or more in depth occur in the subgrade, the subgrade shall be brought to grade, reshaped if required, and recompacted prior to placing of paving. The storage or stock-piling of materials on the subgrade will not be permitted. No pavements shall be placed until the subgrade has been properly prepared and in no case shall any pavements be placed in a muddy or soft subgrade.

9. COMPACTION:

9.1 General: Except as otherwise required, all fill shall be placed in uniform layers, dried or moistened as required to obtain approximate optimum moisture content, and rolled where practical to a density of at least 90 percent of maximum dry density at optimum moisture as determined by ASTM D698. Compaction equipment shall be as hereinafter specified. The maximum thickness of uniform layers (loose measurements) shall be as follows:

9.1.1 If the Contractor elects to use the pneumatic roller, the thickness of each uniform layer shall not exceed six (6) inches.

9.1.2 If the Contractor elects to use the tamping rollers, the thickness of each uniform layer shall not exceed six (6) inches.

9.1.3 In locations where it is impractical to use the roller equipment, mechanical hand tampers will be used and the thickness of each layer shall not exceed four (4) inches. The methods used to secure the optimum moisture content will be the Contractor's responsibility. The compacting equipment and the method of compaction shall be such that a uniform density will be obtained over the entire area and depth of material being compacted. All fill material deposited in place by means of scrapers, dump trucks, drag lines, or other similar equipment shall be thoroughly broken up before being spread into the uniform layers. Rolling shall start longitudinally at the low side and proceed toward the high side of sloped areas, by at least one-half (1/2) the width of the roller unit. Alternate trips of the roller shall be slightly different in length.

9.2 Compaction Equipment:

9.2.1 Pneumatic Tire Rollers: The pneumatic tire roller shall have a minimum compression of 325 pounds per inch width of pneumatic tire tread. The roller shall consist of not less than nine pneumatic tire wheels, running on axles in such a manner that the rear group of tires will not follow in the tracks of the forward group, and mounted in a rigid frame and provided with a loading platform or body suitable for ballast loading. The wheel base of the roller (the distance between the front and rear axles) shall not be less than five feet nor more than ten feet. Rollers shall be maintained in good repair and operating condition.

9.2.2 Sheepsfoot Roller: The sheepsfoot…