ESBD_File_346797_IFB 24-049 Bulk Landscaping Materials.pdf

IFB No. 24-049 Page 1 of 9

Maintenance

INVITATION FOR BID (“IFB”) 24-049

BULK LANDSCAPING MATERIALS

December 26, 2023

The City of Missouri City (“CITY”), Texas is soliciting competitive sealed bids with the intent to establish a multi-year contract with a contractor who can furnish and deliver the items specified in Attachments B and C on an “as needed basis” in accordance with the terms and conditions specified herein.

Potential Bidders who wish to respond to this solicitation must submit the required documents specified in Section 39 Submittals in a sealed envelope/package by 3 P.M. Central Daylight Time (“CDT”) January 26, 2024, addressed to:

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

Subject: IFB 24-049 (Do Not Open) 1522 Texas Parkway, Missouri City, Texas 77489

Prospective bidders are responsible for monitoring the State of Texas Electronic State Business Daily Search (“EBSD”), and the other websites listed in Exhibit A 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 A 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. 24-049 Page 2 of 9

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 A Procurement Schedule that will contain the links to 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 A 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. 24-049 Page 3 of 9

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 A 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 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.

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 E Exceptions.

IFB No. 24-049 Page 4 of 9

Section 11. 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 12. 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 13. Contract:

Exhibit B Draft Purchasing Contract contains the terms and conditions of the proposed contract between the successful bidder and the CITY.

Section 14. Customer References:

Complete Attachment F Customer Reference List.

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 A 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. 24-049 Page 5 of 9

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 E 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 “24-049” 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 A 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 A 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. 24-049 Page 6 of 9

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 12 of Exhibit B Draft Purchasing 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. 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 E Exceptions.

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

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.

mailto:accountspayable@Missouricitytx.gov

IFB No. 24-049 Page 7 of 9

The quantities herein are estimates and represent the CITY's best efforts to identify its needs; consequently, the CITY does not commit (orally or in writing) as to the amount of landscaping materials (which may increase or decrease at any time), that may be required during the term of a contract resulting from this solicitation. Any changes in the amount of landscaping materials will not affect the quoted prices.

Section 33. 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 34. Project Manager:

Refer to Section 7 of Exhibit B Draft Purchasing Contract.

Section 35. 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 36. 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 37. 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 38. 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. 24-049 Page 8 of 9

Section 39. 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 Year 1 Price Sheet

• Attachment C Year 2 Price Sheet

• Attachment D Total Bid Price Sheet

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

• Attachment E Exceptions

• Attachment F Customer References

• Attachment G Questionnaire

• Attachment H Resident Certification

• Attachment I Application for Local Preference (If applicable)

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

• Form 1295 Certificate of Interested Party

• Current Certificate of Insurance

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 40. 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 41. Supplements:

The following documents referenced in this solicitation are attached herein:

• Attachment A Bid Cover Sheet

• Attachment B Year 1 Price Sheet

• Attachment C Year 2 Price Sheet

• Attachment D Total Bid Price Sheet

• Attachment E Exceptions

• Attachment F Customer References

• Attachment G Questionnaire

• Attachment H Resident Certification

• Attachment I Application for Local Preference (If applicable)

• Attachment J Certification Regarding Debarment, Suspension, Ineligibility, and

Voluntary Exclusion

• Exhibit A Procurement Schedule

• Exhibit B Draft Purchasing Contract

IFB No. 24-049 Page 9 of 9

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 42. Taxes:

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

Section 43. 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 24-049

Attachment A Bid Cover Sheet

INVITATION FOR BID (“IFB”) 24-049

BULK LANDSCAPE MATERIALS

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

Instructions: This sheet is formatted so that you can only insert the unit cost in the shaded cells.

Once completed, it must be signed by an authorized representative of your company, printed, and provided with the other documents specified in the Submittals Section of IFB 24-049. To verify the unit costs and the total bid price, the completed Price Sheet must be submitted on a flash drive as required per the Submittals Section of IFB 24-049.

Item Description (See Note)

Estimated Annual Usage Cubic Yards

Unit Cost (Per Cubic Yard)

Extended Cost

Bulk Bank/Field Sand: Not to exceed 5% Clay 250 -$

2 Bulk Top Soil: Screened top soil 250 -$

Bulk Mulch: Double ground virgin mixed wood products. Natural color 300 -$

Bulk Compost: Maturized & screened compost containing only plant material 200 -$

5 Decomposed Granite 200 -$

Subtotal of items 1 thru 5: -$

Item Description (See Note)

Estimated Annual Usage

Unit Cost (Per 2 Cubic Ft. Bag)

Extended Cost

Bag Mulch: Double ground virgin mixed wood products. Natural color 500 -$

Bag Compost: Maturized and screened compost containing only plant material 350 -$

Subtotal of items 6 and 7: Subtotal of items 6 and 7: -$

Item Description (See Note)

Delivery Fee: All vehicle and/or fuel costs for dump truck or flatbed with lift mechanism. Reference point: 1919 Scanlin Rd. Missouri City 77489

Trip Charge

Year 1 Total Bid Price (Excluding Delivery Fee) $ -

Company Name:

Name of Authorized Individual:

Signature of Authorized Individual:

Deliveries will be made on an "as-needed basis", based on Missouri City's requirements.

Note: All soil, compost & mulch materials shall be free of dyes, contaminants, construction debris, in-organic materials & rocks.

Attachment B Year 1 Price Sheet

Instructions: This sheet is formatted so that you can only insert the unit cost in the shaded cells.

Once completed, it must be signed by an authorized representative of your company, printed, and provided with the other documents specified in the Submittals Section of IFB 24-049. To verify the unit costs and the total bid price, the completed Price Sheet must be submitted on a flash drive as required per the Submittals Section of IFB 24-049.

Item Description (See Note)

Estimated Annual Usage Cubic Yards

Unit Cost (Per Cubic Yard)

Extended Cost

Bulk Bank/Field Sand: Not to exceed 5% Clay 250 -$

2 Bulk Top Soil: Screened top soil 250 -$

Bulk Mulch: Double ground virgin mixed wood products. Natural color 300 -$

Bulk Compost: Maturized & screened compost containing only plant material 200 -$

5 Decomposed Granite 200 -$

Subtotal of items 1 thru 5: -$

Item Description (See Note)

Estimated Annual Usage

Unit Cost (Per 2 Cubic Ft. Bag)

Extended Cost

Bag Mulch: Double ground virgin mixed wood products. Natural color 500 -$

Bag Compost: Maturized and screened compost containing only plant material 350 -$

Subtotal of items 6 and 7: Subtotal of items 6 and 7: -$

Item Description (See Note)

Delivery Fee: All vehicle and/or fuel costs for dump truck or flatbed with lift mechanism. Reference point: 1919 Scanlin Rd. Missouri City 77489

Trip Charge

Year 1 Total Bid Price (Excluding Delivery Fee) $ -

Company Name:

Name of Authorized Individual:

Signature of Authorized Individual:

Deliveries will be made on an "as-needed basis", based on Missouri City's requirements.

Note: All soil, compost & mulch materials shall be free of dyes, contaminants, construction debris, in-organic materials & rocks.

Attachment C Year 2 Price Sheet

IFB 24-049

Instructions: This sheet is formatted so that it will insert the 1 Year Prices per Attachment B, and Year 2 Prices per Attachment C. The completed Price Sheet must be signed by an authorized representative of your company, printed and provided with the other documents specified in the

Submittals Section of IFB 24-049. 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 24-049.

Item Description Price

Year 1 Total Bid Price

(Excluding Delivery Fee) -$

Year 2 Total Bid Price

(Excluding Delivery Fee) -$

Total Bid Price Years 1 and 2

(Excluding Delivery Fee) -$

Company Name:

Name of Authorized Individual:

Signature of Authorized Individual:

Deliveries will be made on an "as-needed basis", based on Missouri City's requirements.

Attachment D Total Bid Price Sheet

Attachment E Page 1 of 1

Attachment E 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 F Page 1 of 1

Attachment F 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 G Page 1 of 2

Attachment G

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 G 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 H

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 H Page 1 of 1

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

Attachment J

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 J 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 J Page 2 of 2

Exhibit A Page 1 of 1

Exhibit A

Procurement Schedule

Item Event Date

Legal Posting in Fort Bend Independent Newspaper

January 3, 2024

Posting of all documents relating to this solicitation on the following websites:

• http://www.txsmartbuy.com/esbd

• https://www.demandstar.com

• https://www.periscopeholdings.com/s2g

January 3, 2024

Deadline for the Submittal of Written Questions and/or any discrepancies per Section13 of the solicitation to Bids@MissouriCitytx.gov.

(Note: Questions must be submitted on your company letterhead, addressed to the City’s Procurement Manager, dated, and reference “RFP 24-039”. The CITY will not respond to comments, suggestions, or observations about this project.)

3 P.M. CDT

January 12, 2024

Posting of Answers to Written Questions on the following websites:

• http://www.txsmartbuy.com/esbd

• https://www.demandstar.com

• https://www.periscopeholdings.com/s2g

(Note: You are encouraged to monitor the websites for any Amendments that may affect this solicitation.)

January 18, 2024

Due Date for Sealed Responses

(Note: See page 1 where to send the sealed responses and the Terms and Conditions for the required Submittal Documents.)

January 26, 2024 http://www.txsmartbuy.com/esbd https://www.demandstar.com/ mailto:Bids@MissouriCitytx.gov http://www.txsmartbuy.com/esbd https://www.demandstar.com/

EXHIBIT B

DRAFT PURCHASING CONTRACT

Local Contract No. 2_-___ Page 1 of 10

Rev. 8.2020

This AGREEMENT (“Agreement”) is entered into by and between the undersigned, ____________________ (“CONTRACTOR”), located at ____________________ and the City of Missouri City (“CITY”), Texas, a municipal corporation of the State of Texas, located at 1522 Texas Parkway, Missouri City, Texas 77489.

Section 1. Scope of Agreement: The CONTRACTOR agrees to provide the following products and/or services:

The CITY shall be under no obligation to pay for any additional products or services rendered without prior written authorization. The terms and conditions of this Agreement take precedence over all exhibits and attachments.

Section 2. Term and Termination: This AGREEMENT is effective ____________________ and remains in effect for approximately ____________________ from the effective date, unless sooner terminated under the terms of this AGREEMENT.

The CITY may terminate this Agreement at any time by giving thirty (30) days written notice to the CONTRACTOR. The CONTRACTOR may terminate this agreement upon thirty (30) days written notice to the CITY in the event the CITY has failed to pay the CONTRACTOR’S invoices.

If the CONTRACTOR has been providing products and/or services in accordance with this Agreement, the CITY shall pay the CONTRACTOR all amounts due up to the time of termination.

Section 3. Compensation: For and in consideration of the products and/or services provided by the CONTRACTOR pursuant to this Agreement, the CITY shall pay the CONTRACTOR the amount not exceed ___________________________________________ ($_____.____).

The CONTRACTOR shall be paid for the products and/or services and reimbursable travel expenses, if approved, as set forth in Section 1. The CITY shall pay the CONTRACTOR in accordance with the Texas Government Code, Chapter 2251.

The CONTRACTOR must submit invoices for all products and/or services, which invoices must include dates and hours of service and details of products and services provided. Invoices shall be submitted to the City staff member as noted in Section * or designee. Payment for delivery of products and/or services provided shall not be unreasonably withheld or delayed. The CITY shall be under no obligation to pay for products or services without prior authorization. Invoices shall also be submitted electronically to Accounts Payable accountspayable@missouricitytx.gov with a copy to the appropriate CITY staff member.

mailto:accountspayable@missouricitytx.gov

Local Contract No. 2_-___ Page 2 of 10

The CONTRACTOR shall be provided a purchase order number from the CITY and such number shall be referenced on all invoices submitted to the CITY. When the CITY believes there is an error on the invoice received from CONTRACTOR, the CITY has until the 21st day after receipt to notify the vendor of the dispute. If resolved in favor of the CITY, the vendor must submit a new invoice and the CITY has thirty (30) days to pay. If the dispute is resolved in favor of the vendor, interest is due from the original date on which the invoice would have become overdue.

Section 4. Expenses: CONTRACTOR shall/shall not be reimbursed for expenses incurred in the pursuit of this Agreement, including travel and/or appropriate per diem as outlined in Exhibit B.

Documentation, which shall consist of original receipts, of costs, including, but not limited to, hotel and transportation costs, shall be provided by the CONTRACTOR for all expenses incurred in the performance of this Agreement, except mileage from the CONTRACTOR’s personal automobile.

Section 5. Limit of Appropriation and Fiscal Funding: The CONTRACTOR clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the CITY shall have available the amount budgeted by the CITY to discharge any and all liabilities which may be incurred by the CITY pursuant to this Agreement and that the total maximum compensation that the CONTRACTOR may become entitled to hereunder and the total maximum sum that the CITY shall become liable to pay to the CONTRACTOR hereunder shall not under any conditions, circumstances, or interpretations, hereof, exceed the said total maximum sum provided for in this section without prior written permission from the CITY. The CITY’S fiscal year is October 1 through September 30. If this Agreement extends beyond September 30th, there shall be a fiscal funding out. If, for any reason, funds are not appropriated to continue the contract in the new fiscal year, this Agreement shall become null and void on the last day of the current appropriation of funds without penalty of any kind or form to the CITY.

Section 6. Relationship of the Parties: CONTRACTOR is an independent contractor and is not an employee, partner, joint venture, or agent of CITY. CONTRACTOR understands and agrees that he/she will not be entitled to any benefits generally available to City of Missouri City employees. CONTRACTOR shall be responsible for all expenses necessary to carry out the services under this agreement, and shall not be reimbursed by CITY for such expenses except as otherwise provided in this Agreement.

Section 7. Authority of City Project Manager: All services to be performed by the CONTRACTOR hereunder shall be performed to the satisfaction of the CITY’S project manager, namely the City Manager or his/her designee. The CITY’S project manager shall decide any and all questions, which may arise as to the quality or acceptability of the products provided or services performed by the CONTRACTOR and the decisions of the CITY’S project manager in such cases shall be final and binding on both parties. However, nothing contained herein shall be construed to authorize the CITY’S project manager to alter, vary or amend this Agreement.

Local Contract No. 2_-___ Page 3 of 10

Section 8. Confidentiality: During the term of this Agreement, CONTRACTOR may come in contact with confidential information of CITY. CONTRACTOR agrees to treat as confidential the information or knowledge that becomes known to CONTRACTOR during performance of this Agreement and not to use, copy, or disclose such information to any third party unless authorized in writing by CITY. This provision does not restrict the disclosure of any information that is required to be disclosed under applicable law. CONTRACTOR shall promptly notify CITY of any misuse or unauthorized disclosure of its confidential information and upon expiration of this Agreement shall return to CITY all confidential information in CONTRACTOR’s possession or control.

CONTRACTOR shall further comply with all City information security policies that may apply and shall not make any press releases, public statements or advertisement referring to the products and/or services provided under this agreement or the engagement of CONTRACTOR without the prior written approval of CITY.

Section 9. Warranties and Representations: The CONTRACTOR agrees to provide products and/or services hereunder in accordance with the generally accepted standards applicable thereto and shall use that degree of care and skill commensurate with the CONTRACTOR’s trade or profession to comply with all applicable state, federal, and local laws, ordinances, rules, and regulations relating to the products and/or services provided hereunder and the CONTRACTOR's performance. CONTRACTOR’s warranty shall be for a period of thirty (30) days from the delivery of products or performance of services and ninety (90) days from the date of the installation of parts.

Section 10. Licenses/Certifications: CONTRACTOR agrees to obtain, at its own cost, any and all approvals, licenses, filings, registrations and permits required by federal, state or local laws, regulations or ordinances, required for the performance of the services.

Section 11. Assignment: The CITY and the CONTRACTOR bind themselves and their successors, executors, administrators, and assigns to this Agreement and to the successors, executors, administrators and assigns of the other party, in respect to all covenants of this Agreement. Neither the CITY nor the CONTRACTOR shall assign, sublet or transfer its or his interest in this Agreement without the written consent of the other, which consent will not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto.

Section 12. Insurance Requirements: If required, as indicated below, the CONTRACTOR shall procure and maintain, with respect to the subject matter of this Agreement, appropriate insurance coverage with limits to cover the CONTRACTOR'S liability as may arise or cause, directly or indirectly, from work performed under terms of this Agreement.

Local Contract No. 2_-___ Page 4 of 10

If applicable, one or more current certificates of liability insurance is required to be submitted to the Purchasing Office before the CITY will enter into a contract with the CONTRACTOR. The Certificate(s) of Insurance shall be an attachment to this Agreement. See Exhibit XX.

POLICY REQUIREMENTS (CHECK ALL THAT APPLY)

The CONTRACTOR and all subcontractors performing work for the CONTRACTOR under this Agreement shall furnish one or more completed insurance certificates to the CITY prior to the the effective date of the Agreement, which shall be completed by an agent authorized to bind the named underwriter(s) for coverage, limits, and termination provisions shown thereon, and which shall contain the following:

□ Comprehensive General Liability Insurance including Products and Completed Operations and Personal and Advertising Injury with limits of liability of not less than: Bodily Injury in the amount of $1,000,000.00 per each person, $1,000,000.00 per each occurrence, and $2,000,000.00 aggregate; Property Damage in the amount of $1,000,000.00 per each occurrence;

□ Commercial Automobile Liability Insurance in the amount of $1,000,000 for a Combined Single Limit;

□ Worker’s Compensation Insurance with a limit of not less than $1,000,000.00, as required by laws and regulations applicable to and covering employees of CONTRACTOR engaged in the performance of the work under this Agreement;

□ Employers Liability Insurance with a limit of not less than $100,000.00, protecting contractor against…