RFB 25-1369 SLRSS Landscape and Mowing.pdf

Request for Bids May 15, 2025 RFB No. 25-1369

Dear Prospective Respondent:

Sealed Bids will be received by the Purchasing Agent or other designee of the Brazos River Authority no later than 10:00 AM, Thursday, June 12, 2025 for Sugar Land Regional Sewerage System Landscape and Mowing Services All qualified firms including Small, Minority, Women Owned Businesses and Historically Underutilized Businesses are encouraged to submit bids in response to this request.

Bids must be submitted and received no later than the due date and time specified. Any Bid received later than the specified time, shall not be considered. The BRA is NOT responsible for ensuring the delivery of Bids.

Refer to Section 15. Delivery of Bid Submittals for instructions on submitting a response to this solicitation.

Bid must be clearly identified as follows on the outside of the sealed physical submission or the electronic submission subject line. The BRA shall not be responsible for submissions that are not properly identified.

Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening:

RFB TITLE: Sugar Land Regional Sewerage System Landscape and Mowing Services

RFB NO: 25-1369

RFB DUE DATE: 10:00 AM, Thursday, June 12, 2025

The BRA shall have the right to accept or reject any or all Bids, or any part thereof, and to waive any technicalities in the interest of the BRA.

BRA will evaluate all relevant health, safety and business factors on all solicitations to determine when to initiate a notice to proceed on all projects, delivery of goods and/or services or procurement of construction related services to best attempt to balance BRA needs and to protect the health and safety of BRA employees, the employees of respondents and the public at large.

Sincerely, Victor Venegas Purchasing Agent

4600 Cobbs Drive • Waco, Texas 76710 254-761-3166

RFB No. 25-1369 Sugar Land Regional Sewerage System Landscape and Mowing Services

SUPPLIER DIVERSITY PURCHASING POLICY

The Brazos River Authority (BRA) will ensure that purchases of equipment, materials, supplies, and/or services conform with Texas Procurement law as applicable to the BRA, are cost effective, and contribute to the competitiveness of the BRA and its customers.

Procurement activities will be conducted in an open and fair manner with equal opportunity provided to all qualified parties. The BRA will provide equal contracting opportunities as provided by all applicable State and Federal laws to small business enterprises, Historically Underutilized Businesses and Disadvantaged Business enterprises.

GENERAL INSTRUCTIONS TO RESPONDENTS

The Work consists of the furnishing of all labor, materials, services, equipment, and appliances required for the delivery and the supplying of products and/or services as described herein and in the contract documents.

1. BID SUBMISSION: Bids must be received no later than the Bid opening date and time specified above. All Bids received after closing time will not be considered.

A. To be considered as eligible, a Respondent shall have complied with all legal requirements to permit him to operate in the State of Texas.

B. Bids must be submitted electronically, mailed or hand delivered to be considered.

2. WITHDRAWAL OF BIDS: No Bid may be withdrawn for a period of ninety (90) days after Bid opening, except by 1) either mutual consent of the BRA and Respondent; or 2) previously submitted Bids may be withdrawn upon written request received from Respondent prior to time established for receipt of Bids.

3. SIGNATURE ON BIDS: To be valid, Bids must be signed by an authorized person. By such signature, Respondent agrees to strictly abide by the terms, conditions, and Scope of work embodied in this Request for Bids.

4. EXAMINATION OF BID DOCUMENTS: Before submitting a Bid, all Respondents shall examine the complete Request for Bids, including Bid Notice, Instruction to Respondent, and Scope of Services, all of which are part of the Bid Documents.

5. ADDENDA: Unless otherwise stated in the Bid, answers to all questions, inquiries, and requests for additional information will be issued in the form of Addenda. During the Bid period, prospective Respondent may be advised by Addenda of additions, deletions from, or changes in the requirements of the Bid Documents. The BRA will not be responsible for the authenticity or correctness of oral interpretations of the Bid documents or for information obtained in any other manner than through the media of Addenda.

Receipt of each Addendum shall be acknowledged by Respondent.

Any questions concerning this Request for Bid should be submitted on https://www.bidnetdirect.com/texas/brazosriveraut hority no later than five (5) days prior to the opening of the Bid. This is to allow the BRA sufficient time to respond to inquiries and provide information to all interested Respondents by Addendum. Unless otherwise stated in the Bid, Addenda will be posted on https://www.bidnetdirect.com/texas/brazosriveraut hority .

Respondent is responsible for checking https://www.bidnetdirect.com/texas/brazosriveraut hority for updates and Addenda until the time at which the submission is due. Failure to respond to all requirements, including those Addenda, shall be grounds for rejection of your bid.

6. TAXATION: The BRA is exempt under the Texas Sales Tax and Use Tax Laws, and the Respondent shall not include such taxes in the Bid.

7. QUALIFICATION OF RESPONDENTS: The BRA reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Respondent fails to satisfy the BRA that such Respondent is properly qualified to carry out the obligations of the contract and to complete the Work contemplated herein. Conditional Bids will not be accepted.

8. CONSIDERATION OF BIDS: Unless stated otherwise in the Advertisement or Request for Bids, the properly identified Bids received on time will be opened publicly and read aloud.

Respondents are invited to be present.

9. COMPLIANCE WITH SCOPE OF SERVICES

AND RIGHT OF SELECTION: The Respondent shall abide by and comply with the true intent of the scope of services and not take advantage of any unintentional error or omission.

10. QUANTITIES: Unless stated otherwise in this Bid, the BRA is obligated during the period stipulated to purchase all of its normal requirements from the successful Respondent and the Respondent is obligated to supply the quantities which the BRA requires for its operation.

The quantities stated are given as a general guide for bidding but are not guaranteed amounts, they represent the best estimated usage. The BRA reserves the option to purchase more or less of these services at the Bid price.

11. REPRESENTATIONS: By execution and submission of this Bid, the Respondent hereby represents and warrants to the BRA that Respondent has read and understands the Bid Documents and this Bid is made in accordance with the Bid Documents.

12. INDEMNIFICATION:

THE RESPONDENT SHALL COMPLY WITH THE

REQUIREMENTS OF ALL APPLICABLE LAWS,

RULES, AND REGULATIONS AND SHALL

EXONERATE, INDEMNIFY AND HOLD

HARMLESS THE BRA FROM ANY AND ALL

LIABILITY OR DAMAGES RESULTING FROM

FAILURE TO DO SO.

IN ADDITION, THE RESPONDENT AGREES TO

INDEMNIFY, KEEP, SAVE AND HOLD THE BRA

HARMLESS FROM ANY AND ALL ACTIONS,

LIABILITIES, DAMAGES, JUDGMENTS, COSTS

AND EXPENSES INCLUDING REASONABLE

ATTORNEY’S FEES, IN CASE AN ACTION IS

FILED OR DOES IN ANY WAY ACCRUE

AGAINST THE BRA, ITS OFFICIALS, OFFICERS,

AND EMPLOYEES IN CONSEQUENCE OF THE

AWARDED CONTRACT FOR ANY NEGLIGENT

ACT OR OMISSION OF THE RESPONDENT IN

THE PROVISION OF SERVICES UNDER THE

AWARDED CONTRACT, OR THAT MAY RESULT

FROM THE CARELESSNESS OR LACK OF

SKILL OF THE RESPONDENT OR THE

RESPONDENT’S OFFICERS, AGENT,

CONTRACTORS, ASSIGNS OR EMPLOYEES. IN

THE EVENT A JUDGMENT IS RECOVERED

AGAINST THE BRA FOR ANY SUCH LIABILITY,

COSTS OR EXPENSES, SUCH JUDGMENT

SHALL BE CONCLUSIVE AGAINST THE

RESPONDENT.

IT IS SPECIFICALLY UNDERSTOOD AND

AGREED BY THE RESPONDENT THAT SUCH

INDEMNITY IS INDEMNITY BY THE

RESPONDENT TO INDEMNIFY AND PROTECT

THE BRA FROM LIABILITY, CLAIMS, SUITS,

LOSSES, DAMAGES OR CAUSES OF ACTION

DUE TO THE RESPONDENT’S NEGLIGENCE,

ERROR OR OMISSION.

13. EVALUATION FACTORS: Respondents may furnish pricing for all or any portion of the solicitation (unless otherwise specified). The BRA may evaluate and award a contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the BRA. Bids that specify an "All or None" award may be considered if a single award is advantageous.

In the event of a mathematical discrepancy on the Bid Form, the BRA will only consider the price determined to be most advantageous to the BRA.

14. CRITERIA FOR AWARD: The BRA shall determine and select the Lowest Responsible Bidder from the Vendor/Provider, based solely upon the criteria contained within the bid documents.

15. TERMINATION:

The awarded contract may be terminated at any time by the BRA, in BRA’s sole discretion, for any cause or for convenience without penalty or liability. Upon receipt of such notice, the supplier shall immediately discontinue all services and actions. The BRA shall pay the Respondent promptly the accrued and unpaid amounts due for services to the date of termination, to the extent the services are approved by the BRA.

16. CHANGE OF CONTRACT PRICE:

The agreed upon contract price shall not be exceeded without the prior written consent of the BRA and may only be modified by a written amendment to the contract executed by both BRA and Respondent.

17. PAYMENT: Unless otherwise specified, payment for services and/or product will be processed within thirty (30) days from invoice date and acceptance of work and/or product. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Unit price on invoice shall be in two

(2) decimal places only, i.e., $ .XX.

The BRA has set a goal to have as much paperwork submitted electronically. Respondents are asked to submit invoices electronically to the following Accounts Payable email address:

accounts. payable@brazos.org. Respondents who use the electronic service should not mail the original invoice.

18. CONFIDENTIALITY OF DOCUMENTS: The BRA is subject to the Texas Public Information Act (PIA). Any information submitted to the BRA by a Respondent shall be considered non-confidential and available to the public, except as follows:

In the event a Respondent considers a specific portion of their Bid to be confidential and subject to an exception to disclosure under the PIA, such portion must be clearly identified and marked "CONFIDENTIAL". Do not mark an entire submittal confidential, as this is not in conformance with the PIA and is not acceptable. Only the specific portion or portions of the Bid that the Respondent considers to be confidential pursuant to the PIA should be marked. IF AN ENTIRE BID

IS MARKED CONFIDENTIAL, THE BRA WILL

NOT TREAT ANY PORTION OF THE BID AS

CONFIDENTIAL AND THE BID MAY BE

REJECTED AS NON-CONFORMING. The BRA will honor notations of confidentiality made in accordance with this paragraph and decline to release such information initially. However, final determination of whether a particular portion of a Bid may in fact be withheld pursuant to the PIA will be made by the Texas Attorney General or a court of competent jurisdiction.

In the event a public information request is received for a portion of a Bid that has been marked confidential, the BRA shall ask the affected Respondent if the information may be released. If the release is agreed to, the BRA shall release the information.

If the release is denied, the matter shall be referred to the Texas Attorney General's Office in accordance with the process set forth in the PIA.

The Respondent shall be fully and solely responsible for submitting arguments and evidence within the statutory timeframes to the Texas Attorney General’s Office regarding its claim of confidentiality. The BRA will NOT submit arguments on behalf of the Respondent.

The Texas Attorney General's office shall rule on the matter. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information may not be withheld, then such information will be made available to the requester.

If it is determined that the information may be withheld, BRA will withhold the information from the requestor.

Pricing information contained in Bids or contracts is not considered confidential under the PIA and will be disclosed without making a request to the Texas Attorney General.

REQUEST FOR BIDS

SUGAR LAND REGIONAL SEWERAGE SYSTEM LANDSCAPE AND MOWING SERVICES

RFB NO. 25-1369

SUBMITTAL SCHEDULE

Request for Bids are posted on the BidNet Direct website at https://www.bidnetdirect.com/texas/brazosriverauthority and prospective Respondents should visit the site for potential updates to bid requirements.

Thursday, May 15, 2025 RFB is available to download at https://www.bidnetdirect.com/texas/brazosriverauthority

4:00 PM, Friday, May 30, 2025

Last date and time to ask questions or request additional information. Please submit your questions at https://www.bidnetdirect.com/texas/brazosriverauthority

4:00 PM, Tuesday, June 3, 2025

Post response to questions received as of the deadline or as soon thereafter, as an Addendum on https://www.bidnetdirect.com/texas/brazosriverauthority

10:00 AM, Thursday, June 12, 2025 Bids are due.

11:00 AM Thursday, June 12, 2025

Bids will be opened and read out loud virtually at the link below……………………………..

https://youtube.com/live/veJKu9p-GVs?feature=share

Local Time Prevailing.

REQUEST FOR BIDS

SUGAR LAND REGIONAL SEWERAGE SYSTEM LANDSCAPE AND MOWING SERVICES

RFB NO. 25-1369

1. General They BRA is seeking bids from contractors to provide Landscape and Mowing Services at facilities in Sugar Land, Texas.

2. Scope of Services Contractor agrees to provide Landscape and Mowing Services at the Sugar Land Reuse Treatment Plant as needed to ensure property is presentable and well maintained. Facility Map with mowing areas indicated is included as Attachment A. The work shall consist of furnishing all labor personnel, equipment, chemicals, services, and appliances required for the delivery of lawn and ground maintenance services described herein.

The successful contractor shall provide a single point of contact to address all aspects of the contract, including, but not limited to, the quality of the services provided, the timeliness and schedule of the services provided, property damage mitigation, and invoicing issues and discrepancies.

A Work Ticket (Attachment B) shall be properly completed upon each service visit and signed by both the contractor and a BRA representative, preferably a Supervisor, if possible.

The work for this contract will include mowing and landscape services, application of herbicide, and treatment of fire ants.

2.1 Specifications

A. Mowing and Landscape Services

1. It is anticipated that areas will need to be mowed weekly during peak growing seasons, the contractor in conjunction with the BRA representative will determine whether or not there has been enough growth to warrant mowing. All grass should be maintained at a height of not more than two and one-half inches. At no time should the grass on any property exceed a height of four (4) inches. Grass shall not be mowed during drought periods.

2. Mow all areas around buildings, fences, tanks, and other structures.

3. Edge all walkways, curbs, and roadways. All debris shall be blown off from walkways and roads to maintain a professional appearance.

4. Trim grass along edges of buildings, fences (fence lines should be trimmed on both sides), walls, trees, shrubs, cracks in sidewalks, roadways, and parking areas, tanks, and other structures. Trim shrubs as needed to maintain a neat and professional appearance.

5. Weed and treat areas where needed.

6. Weeding shall be performed on the same schedule as mowing. Weeding is defined as removing the unwanted plants by hand or tillage action which lightly cultivates the soil for the purpose of destroying the weeds.

7. It is anticipated that mowing, edging, trimming, and weeding will be performed approximately thirty (30) times a year. However, the Brazos River Authority makes no guarantee as to the number of times the contractor will be required to mow, edge, trim and weed the property as these services shall be performed strictly on an “as needed” basis to ensure properties are presentable and being well maintained. Please refer to Table A below for more information about annual service estimations.

8. Contractor is expected to pick up any trash on site before each mowing and remove clippings from roadways and walkways. This is required at every scheduled service visit, so that a clean and professional appearance is maintained at the facilities.

9. Trim trees at a minimum of one (1) time per year to maintain a neat and professional appearance. Area to be serviced is front property line adjacent to lagoons and entryway.

Trimmings shall be hauled away by Contractor at Contractor’s expense.

B Application of Herbicide

1. Apply chemicals for weed control and/or a pre-emergent as required by the Texas Department of Agriculture Licensing Program.

2. Application of fire and control will be plant wide (inside fenced perimeter) and for other areas upon approval by BRA representative.

C Fire Ant Treatment

1. Twice a year, apply chemicals for fire ant control at the designated BRA facilities as required by the Texas Department of Agriculture Licensing Program.

2. Application of fire and control will be plant wide (inside fenced perimeter) and for other areas upon approval by BRA representative.

D Hours of Operation

1. The regular hours of operation for BRA personnel are from 8:00 AM to 5:00 PM Monday through Friday.

2. All landscaping, mowing, etc. is to be during regular hours of operation and a Work Ticket

(Attachment B) shall be properly completed upon each service visit and signed by both the contract and a BRA representative, preferably a Supervisor, if possible.

E Labor Force

1. The Contractor shall provide all necessary labor, and all employees of the Contractor shall be no less than 17 years of age.

2. No visitors, wives, husband, or children of the Contractor employees allowed at the work site during working hours, unless they are bona fide employees of the Contractor.

3. Employees must have at least one employee on site that can communicate effectively with the ability to effectively receive, give, and understand written and verbal communication.

4. Labor force used at the BRA Central Basin locations shall be regular full-time employees of

Contractor.

F Company Uniform

1. For security purposes, employees of successful contractor must wear shirt and/or blouse identifying them as an employee of successful contractor.

G Security Check

1. Successful contractor will be required to provided identification for all employees who will be providing on-site services for the BRA facility. Contractor will conduct background security checks prior to beginning work and will continue to perform background security checks for new employees. Employee(s) of Contractor who have been convicted of a felony will not be permitted to perform services at the BRA facility. Security checks for all contractor’s employees working on-site shall be provided to BRA.

Table – A

LOCATIONS, ESTIMATED ANNUAL NUMBER OF SERVICES DURING THE YEAR

Item Plant/Location/Description of Work Est. Annual

Services

1 North Plant, 16450 Southwest Frwy, Sugar Land, Texas (≈10 Acres)

Mow, Edge, Trim & Weed-eat within perimeter fencing (including all sloped areas)

Trim 'vegetation back from chain-link fencing (1 per quarter) 4

Tree Trimming & Maintenance to maintain 6' clearance (1 per quarter)

Fire Ant Control (spot treatment, 1 per quarter) 4

Weed Control (1 per quarter) 4

2 South Plant, 4802 Scenic Rivers Dr., Sugar Land, Texas (≈ 5.7 Acres)

Mow, Edge, Trim & Weed-eat within perimeter fencing 30

Mow, Edge, Trim & Weed-eat between fencing and roadway

Mow, Edge, Trim & Weed-eat areas between perimeter chain-link fence and barb-wire fence 30

Trim vegetation/bushes back from chain-link fencing (1 per quarter) 4

Trim vines covering walls to within 6" of wall. Cut vines to prevent growing over top of walls. Do not allow clippings/cuttings to fall within basins. (1 per quarter)

Tree Trimming & Maintenance to maintain 6' clearance (1 per quarter) 4

Fire Ant Control (spot treatment, 1 per quarter) 4

Weed Control (1 per quarter) 4

One Time Clean Up of Nuisance Plants and Debris (Trim/remove vines from walls and out of the wastewater basins to a more manageable level. This service may require multiple personnel, PPE protection, man lift, and a waste dumpster [will require special disposal]

South Plant, Sugar Land Reuse Plant (-1.6 Acres)

Mow, Edge, Trim & Weed-eat within perimeter fencing

Mow, Edge, Trim & Weed-eat between fencing and roadway

Tree Trimming & Maintenance to maintain 6' clearance (1 per quarter) 4

Fire Ant Control (spot treatment, 1 per quarter)

Weed Control (1 per quarter)

South Plant, Lay-Down Yard (—3.5 Acres)

Coarse mow areas within perimeter fencing (1 per month)

Coarse mow area between perimeter fencing and roadway (1 per month) 12

Tree Trimming & Maintenance to maintain clearance (1 per quarter) 4

Fire Ant Control (spot treatment, 1 per quarter) 4

Weed Control (1 per quarter) 4

5 New Territory, 4050 U.S. Highway 90A, Sugar Land, Texas (≈14.75 Acres)

Mow, Edge, Trim & Weed-eat areas within perimeter fencing (including berm surrounding plant [bulk of berm can be coarse mowed]

Mow, Edge, Trim & Weed-eat strip along west-side of 1.5-mile-long concrete driveway (area between concrete drive and barb-wire fence

Tree Trimming & Maintenance to maintain 61 clearance for all trees inside the plant (1 per quarter) 4

Tree Trimming & Maintenance to maintain 16' clearance along the 1.5-mile-long concrete driveway. Must maintain 2000ft/quarter and completely maintain the 1.5-mile-long concrete driveway within a year.

Fire Ant Control (spot treatment, 1 per quarter)

Weed Control (1 per quarter)

6 Greatwood, 902 Tara Boulevard, Sugar Land, Texas (≈2.7 Acres)

Mow, Edge, Trim & Weed-eat areas within perimeter fencing

Fire Ant Control (spot treatment, 1 per quarter) 4

Weed Control (including strip between chain-link and wooden fencing, 1 per quarter) 4

3. Base Bid Bid price to include all labor, materials, tools, equipment and incidentals necessary to satisfactorily design, fabricate, manufacture, furnish, deliver components and complete assemblies.

4. Information Required in the RFB Submittal - Tab Format The BRA specifically requests succinct submittals tailored to the general and discipline-specific scope of services summarized above. All submittals become the property of the BRA. Each Bid submittal shall include the information requested below.

Tab A: Include the following:

(1) Date your company was established and a brief history; number of employees;

provide number and location of offices.

(2) Provide name, title and office location of person who will be the principal contact for the BRA and the billing location if different.

(3) Describe the types of organizations that your company typically serves and general nature of the work.

(4) A list and description of similar services completed within the last five years under your current company name or any other company name similar in nature to this solicitation. This should include the name, the location, a brief description of Scope of Services, and a contact name and telephone number of a reference for each client. List litigation that your company has been a party to in the last five (5) years, under your current company name or any other company name.

Include only litigation that involves business units in your company that are submitted for performing services under this RFB.

(5) List all such litigation involving owners and/or general contractors. To be fully responsive, provide the level of detail in the attached example, as well as a name and phone number to contact an authorized representative of your company in the event that the BRA needs to clarify your response. Failure to be fully responsive will be sufficient grounds for the BRA to disqualify your company.

(6) Have you ever defaulted, failed to complete a contract or had a contract terminated by the other party? If so, where and why? Provide name and telephone number of the other party.

RFB No. 25-1360 Belt Press Rebuild for Hutto South Wastewater Treatment Plant (WWTP)

Tab B: Include the following:

(1) Complete and submit the attached Request for Bids – Bid Form

(2) Complete and submit the attached W-9 form, or if foreign entity submit the appropriate tax document information.

(3) Complete and submit the attached Conflicts of Interest Questionnaire [CIQ] form.

(4) Complete and submit the Non-Collusion Affidavit form.

(5) Complete and submit the Vendor Compliance to State Law form.

(6) HUB Subcontracting Plan

5. Hub Subcontracting Plan This solicitation requires a HUB Subcontracting Plan to be completed and submitted. The HUB Subcontracting Plan is attached to this solicitation. If you have any questions regarding the HUB Subcontracting Plan please contact Bryan Gray Purchasing Manager / HUB Coordinator at bryan.gray@Brazos.org.

6. Hub Subcontracting Plan Instructions (If Self Performing HUB and no Subcontractors) If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), follow the instructions on the HUB Subcontracting Plan Checklist, first page of the HUB Plan included in this solicitation.

Section 1 - Respondent and Requisition Information Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 – Affirmation (Remember to sign Section 4)

If you are subcontracting any work please follow the instructions on the HUB Subcontracting Plan Checklist, first page of the HUB Plan included in this solicitation.

7. RFB Inquiries All inquiries, including clarifying questions, related to this RFB shall only be directed to the Purchasing Agent via https://www.bidnetdirect.com/texas/brazosriverauthority The Purchasing Agent will direct any inquiries to the appropriate BRA staff, a response will be issued and if warranted, an Addendum will be posted on the BRA’s website at www.brazos.org. Failure to adhere to this restriction during the advertising, evaluation, and selection phases will result in the rejection of a Respondent’s Bid.

8. Respondent’s Past Performance BRA will consider Respondent’s past performance and may conduct reference checks with other entities regarding past performance. BRA may examine Respondent’s performance including, but not limited to: the Comptroller of Public Accounts Statewide Procurement Divisions Vendor Performance Tracking System, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, repeated negative performance, records of repeated non-responsiveness to performance issues, and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, BRA may initiate such examinations of Respondent performance based upon media reports. Any such investigations shall be at the sole discretion of BRA, and any negative findings, as determined by BRA, may result in non-award to Respondent.

9. Conflict of Interest Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity (i.e., Brazos River Authority) must disclose in the Conflicts of Interest Questionnaire Form ("CIQ") the person's affiliation or business relationship that might cause a conflict of interest with the local government entity. By law, the CIQ must be filed with the BRA Records Management Officer no later than seven (7) days after the date the person begins contract discussions or negotiations with the BRA, or submits an application or response to a Request for Bids, correspondence, or another writing related to a potential agreement with the BRA. Updated Questionnaires must be filed in conformance with Chapter 176.

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

10. Term of Agreement The term of this Contract shall be for a period of one (1) year, commencing on the Effective Date, and may be renewed by subsequent agreement of the parties for up to four (4) additional one (1) year periods, for a total potential term of five (5) years.

11. Contract The contract will be awarded to the lowest responsible Respondent. The executed contract between BRA and the selected Respondent shall be a BRA standard form contract. Contract terms are not subject to modification and Respondent will be expected to execute the contract in substantially the form provided. Respondent should not base a bid on an expectation that BRA will modify its contract terms.

The BRA reserves the right to award contract(s) without any negotiations and reserves the right to not make awards. The BRA reserves the right to conduct studies and other investigations as necessary to evaluate any submittal. Submission of a bid confers no legal right upon any Respondent.

The decision of BRA, or its designee with regard to the above, shall be administratively final. BRA, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in submittals received.

12. Insurance Requirements The Respondent shall, at Respondent’s sole expense, maintain insurance coverage as determined acceptable to the BRA. The Respondent must obtain the following minimum insurance requirements and provide proof to the BRA prior to entering into a contract:

General Liability Insurance:

Bodily Injury $ 1,000,000 per occurrence Property Damage $ 1,000,000 per occurrence Aggregate $ 2,000,000

Workers’ Compensation: Statutory

Automobile Liability: $ 1,000,000 per claim / aggregate

Employers’ Liability $ 1,000,000 policy limit

Before beginning any work under this agreement, the Respondent is required to register with myCOItracking.com and upload documentation that meets the insurance requirements outlined in this agreement. Work WILL NOT commence until the certificate of insurance is approved as compliant. The Respondent must add registration@myCOItracking.com and certificaterequest@myCOIsolution.com to their safe sender list to ensure receipt of essential communications from myCOI.

If any issues arise during registration, please contact the myCOItracking support team at (317) 759-9426.

13. Testing The BRA reserves the right to inspect and test the submitted product. The BRA in its sole Discretion may disqualify a submitted product as non-conforming to the specifications if the product does not meet the requirements of the specifications during testing.

14. Recycled and Recyclable Products The BRA encourages the use of recycled products and products that may be recycled or reused.

15. Delivery of Bid Submittals Bids may be submitted in one of the following manners:

Electronic Transmission. Electronic Bids will be received on the following platform. BidNet Direct requires you to register at no charge.

https://www.bidnetdirect.com/texas/brazosriverauthority

Drop Box Submission Prior to Bid Submission Deadline: Hand delivery of one sealed, clearly identified original signed paper copy submission may be received up to the bid submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, TX. 76710, utilizing the secure drop box located at the office building. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

Mail-In Delivery: Mailed by commercial carrier, overnight or express mail, one sealed clearly identified original signed paper copy submission may be accepted by the Purchasing Agent or other designee up to the bid submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, Tx. 76710. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

Brazos River Authority

REQUEST FOR BIDS - BID FORM

Sugar Land Regional Sewerage System Landscape and Mowing Services

RFB 25-1369

Plant/Location/Description of Work Approximate

Annual Services Unit Price North Plant, 16450 Southwest Frwy, Sugar Land, Texas (10 Acres)

Mow, Edge, Trim & Weed-eat within perimeter fencing (including all sloped areas) 30

Trim vegetation back from chain-link fencing (1 per quarter) 4

Tree Trimming & Maintenance to maintain 6' clearance (1 per quarter) 4

Fire Ant Control 4

Weed Control 4 South Plant, 4802 Scenic Rivers Dr., Sugar Land, Texas (5.7 Acres)

Mow, Edge, Trim & Weed-eat within perimeter fencing 30

Mow, Edge, Trim & Weed-eat between fencing and roadway 30

Mow, Edge, Trim & Weed-eat areas between perimeter chain-link fence and barb-wire fence 30

Trim vegetation/bushes back from chain-link fencing (1 per quarter) 4 Trim vines covering walls to within 6" of wall. Cut vines to prevent growing over top of walls. Do not allow clippings/cuttings to fall within basins. (1 per quarter) 4

Tree Trimming & Maintenance to maintain 6' clearance (1 per quarter) 4

Fire Ant Control 4

Weed Control 4 One Time Clean Up of Nuisance Plants and Debris (Trim/remove vines from walls and out of the wastewater basins to a more manageable level. This service may require multiple personnel, PPE protection, man lift, and a waste dumpster [will require special disposal]

South Plant, Sugar Land Reuse Plant (1.6 Acres)

Mow, Edge, Trim & Weed-eat within perimeter fencing 30

Mow, Edge, Trim & Weed-eat between fencing and roadway 30

Tree Trimming & Maintenance to maintain 6' clearance (1 per quarter) 4

Fire Ant Control 4

Weed Control 4

South Plant, Lay-Down Yard (3.5 Acres)

Coarse mow areas within perimeter fencing (1 per month) 12

Coarse mow area between perimeter fencing and roadway (1 per month) 12

Tree Trimming & Maintenance to maintain 6' clearance (1 per quarter) 4

Fire Ant Control 4

Weed Control 4 New Territory, 4050 U.S. Highway 90A, Sugar Land, Texas (14.75 Acres)

Mow, Edge, Trim & Weed-eat areas within perimeter fencing (including berm surrounding plant) 30 Mow, Edge, Trim & Weed-eat strip along west-side of 1.5-mile-long concrete driveway (area between concrete drive and barb-wire fence) 30

Tree Trimming & Maintenance to maintain 6' clearance, for all trees inside the plant (1 per quarter) 4

Tree Trimming & Maintenance to maintain 16' clearance along the 1.5-mile-long concrete driveway. Must maintain 2000ft/quarter and completely maintain the 1.5-mile-long concrete driveway within a year 4

Fire Ant Control 4

Weed Control 4 Greatwood, 902 Tara Boulevard, Sugar Land, Texas (2.7 Acres)

Mow, Edge, Trim & Weed-eat areas within perimeter fencing 30

Fire Ant Control 4 Weed Control (including strip between chain-link and wooden fencing) 4

ACKNOWLEDGMENT OF REQUEST FOR BIDS AND

RECEIPT OF ADDENDA

RESPONDENT MUST ACKNOWLEDGE RECEIPT OF THIS REQUEST FOR BIDS AND ADDENDA BY

SIGNING BELOW AND SUBMITTING THIS ACKNOWLEDGEMENT WITH YOUR BID. FAILURE TO

SIGN THIS ACKNOWLEDGEMENT WILL DISQUALIFY THE BID AS NON-RESPONSIVE. SIGNATURE

SHALL BE HAND WRITTEN.

This acknowledgement shall become part of your response and the subsequent contract documents if applicable.

ACKNOWLEDGMENT OF REQUEST FOR BIDS:

Respondent hereby acknowledges that it has received and read the Request for Bids and all Addenda, and that this Bid is made in accordance with the provisions thereof. Respondent acknowledges that this Bid meets or exceeds all terms, requirements, conditions, and/or specifications set forth in the Request for Bids and Addenda, and exceptions or deviations from such terms, requirements, conditions, and/or specifications, if any, have been clearly and conspicuously identified as such in the Bid.

Does your company have 10 or more full time employees? Check one box only.

YES NO

Name of Firm (Respondent)

Signature – Authorized Representative

Printed Name

Date

E-mail Address

Telephone

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

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

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

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

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

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

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

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

Name of Officer

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

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

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

Yes No

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

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

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

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

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

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

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

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

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

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

(2) the vendor:

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

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

or

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

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

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

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

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

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

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

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

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

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

(1) the date that the vendor:

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

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

(2) the date the vendor becomes aware:

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

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

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

Revised May 2007

NON-COLLUSION AFFIDAVIT

STATE OF TEXAS §

COUNTY OF ________ §

By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at

Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal.

Signature:

Printed Name:

Title:

Company:

Date:

SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder.

Notary Public in and for the State of Texas

My commission expires: ____________

VENDOR COMPLIANCE TO STATE LAW

VENDOR COMPLIANCE TO STATE LAW

Section 2252.002, Texas Government Code, provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B.

A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached.

Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders.

B. Our principal place of business or corporate office is in the State of Texas.

Please Check or mark with an "X"

BIDDER:

By: Company (please print)

Signature:

(please print)

Title: _______________________________ (please print)

City / State Zip

THIS FORM MUST BE RETURNED

Rev. 2/17

HUB Subcontracting Plan (HSP)

QUICK CHECKLIST

While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to complete, it is very important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency.

If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors.

Section 2 c. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years meets or exceeds the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - No Section 4 - Affirmation GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b.

If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), complete:

Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 - Affirmation

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service, to include under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

HUB Subcontracting Plan (HSP)

In accordance with Texas Gov’t Code…