7-Exhibit G - Respondents Pricing and Delivery Proposal.docx

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Attached to
Muntz Library Stair Renovation State and local contract opportunity
Solicitation number
RFP No. 750/25/26-006
Issued by
Sterling County, Texas

About this file

Summary of Exhibit G - Respondent's Pricing and Delivery Proposal

This document is a pricing and delivery proposal form for the Muntz Library Stair Renovation project issued by The University of Texas at Tyler, Capital Planning & Construction Division. The project involves the replacement of existing open stair handrail systems, stair finishes, and related flooring replacement in Robert R. Muntz Library. Respondents must submit a base proposal cost for achieving substantial completion of all work in accordance with the contract documents prepared by Fitzpatrick Architects. The proposal form requires respondents to acknowledge receipt of all RFP addenda and Technical Document Addenda, provide a construction milestone schedule demonstrating achievement of substantial completion, and validate that proposals remain valid for sixty days from the opening date. Respondents must execute the contract within ten calendar days of notification of best value selection and commence work within ten or more calendar days after receiving a Notice to Proceed from the Owner.

The base proposal must include a $50,000 contingency allowance. Three alternate proposals are available for consideration regarding flooring replacements on the first, second, and third/fourth floors, with costs to be added to or deducted from the base bid. Respondents must provide unit prices for general construction work, with unit prices for additional work including overhead, profit, and taxes, and unit prices for deleted work calculated at seventy-five percent of the stated amounts. Liquidated damages are established at $250 per calendar day for work remaining incomplete after the substantial completion date. Respondents must execute payment and performance bonds within ten calendar days of best value notification, in the amount of one hundred percent of the contract price. The proposal requires comprehensive certifications regarding franchise tax compliance, antitrust compliance, insurance maintenance, equal employment opportunity compliance, and compliance with the Owner Controlled Insurance Program and Builder's Risk Insurance program.

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EXHIBIT G

RESPONDENT’S PRICING AND DELIVERY PROPOSAL

RFP No.: 750-25/26-006

Project Name: Muntz Library Stair Renovation

From: Respondent’s Name: Mailing Address: City, State, Zip Code: Phone Number:

To: Demi Beckham, CTCD Construction Contracts Coordinator Capital Planning & Construction The University of Texas at Tyler 3900 University Blvd.

Tyler, TX 75799

Having carefully examined the Uniform General Conditions for University of Texas System Building Construction Contracts (UGC), the Plans and Specifications and addenda thereto, as prepared by Fitzpatrick Architects, the Project Architect/Engineer on this Project, as well as the premises and all the conditions affecting the work, the undersigned proposes to furnish all labor, materials, and equipment necessary to achieve Substantial Completion of the work in accordance with the Contract Documents for the following sum (Amount shall be shown in both written and figure form. In case of discrepancy between the written amount and the figure, the written amount will govern):

1.1 BASE PROPOSAL COST:

DOLLARS ($ )

1.1.1 OWNER’S SPECIAL CASH ALLOWANCE: The above Base Proposal Cost includes the following Owner’s Special Cash Allowance(s) for work to be done within this contract under the supervision of the General Contractor and/or the Subcontractors. Each allowance shall be listed on the Contractor's Contract Price Breakdown as a portion of the total contract amount, and each shall be expended only upon direction of the Owner. This is a lump sum amount from which changes are to be paid in accordance with the Changes section of the Uniform General Conditions for University of Texas System Building Construction Contracts. Any unused amount will be deducted from the Contract Price by Change Order.

1.1.1.1 AMOUNT OF CONTINGENCY ALLOWANCE (to be included in base proposal cost above): $ 50,000.00

11/25/24 Request For Competitive Sealed Proposals

1.2 ALTERNATE PROPOSALS: The Owner reserves the right to accept or reject any Alternate Proposals in the order of its choice. The following amounts may be added to, or deducted from, the Base Proposal Cost identified above.

1.2.1 ALTERNATE PROPOSAL COST No. 1 - First Floor: Replace all base bid RF01 LVT flooring and RB01 rubber base with CT01 ceramic tile flooring and CT02 ceramic tile base.

DOLLARS ($ )

1.2.2 ALTERNATE PROPOSAL COST No. 2 - Second Floor: Replace all base bid RF01 LVT flooring and RB01 rubber base with CT01 ceramic tile flooring and CT02 ceramic tile base.

DOLLARS ($ )

0. ALTERNATE PROPOSAL COST No. 3 – Third and Fourth Floor: Replace all base bid RF01 LVT flooring and RB01 rubber base with CT01 ceramic tile flooring and CT02 ceramic tile base.

DOLLARS ($ )

1.3 UNIT PRICES FOR GENERAL CONSTRUCTION: The undersigned further agrees that, in case additional work or material is authorized from what is shown in the Contract, the following unit prices shall be used in adjusting the Contract Price. The unit prices include overhead, profit, taxes, etc in accordance with the Changes section of the Uniform General Conditions for University of Texas System Building Construction Contracts. Unit prices to be used for adjusting the Contract Price for less work or material will be 75% of these amounts for the net difference of the total quantities for each type of work.

1.4 CONSTRUCTION MILESTONE SCHEDULE: The undersigned agrees, if awarded the contract, to achieve Substantial Completion of the Work as described in the UGC, the plans and specifications and addenda thereto.

DELIVERY SCHEDULE OF EVENTS AND TIME PERIODS:

1.5 RFP ADDENDA: Receipt is hereby acknowledged of the following addenda issued by the Point-of- Contact to this Request for Proposals - initial if applicable.

RFP No. 1

RFP No. 2

RFP No. 3

RFP No. 4

RFP No. 5

1.6 TECHNICAL DOCUMENTS ADDENDA: Receipt is hereby acknowledged of the following addenda issued by the Project Architect/Engineer to the Proposal Documents (i.e. drawings and specifications) - initial if applicable.

TDA No. 1

TDA No. 2

TDA No. 3

TDA No. 4

TDA No. 5

1.7 LIQUIDATED DAMAGES: The undersigned agrees that, from the compensation otherwise to be paid, the Owner may retain the sum of two hundred and fifty dollars ($250.00) for each calendar day after the Substantial Completion Date that the work remains incomplete, which sum is agreed upon as the proper measure of liquidated damages which the Owner will sustain per diem by the failure of the Undersigned to complete the work at the time stipulated in the Contract. This sum is not construed in any sense as a penalty.

1.8 NOT USED

1.9 PAYMENT AND PERFORMANCE BONDS: The undersigned agrees to execute the Payment and Performance Bonds within ten (10) calendar days, in the amount of one hundred percent (100%) of the contract price, after notification that the offerer has been identified by the Owner as the Respondent with the “best value” Proposal. The bonds shall be in the full contract amount

1.10 AWARD OF CONTRACT AND COMMENCEMENT OF WORK: The Owner reserves the right to accept or reject and all Proposals and to waive proposal irregularities. Proposals shall be valid and not withdrawn for a period of sixty (60) days from the date of opening thereof. The undersigned agrees the contract to execute the Contract within ten (10) calendar days after notification that the offerer has been identified by the Owner as the Respondent with the “best value” Proposal, and to commence work on or before the commencement date stated by the Owner in a Notice to Proceed; such commencement date shall be ten (10) or more calendar days after the date of the Notice to Proceed. In addition, the undersigned agrees to execute and deliver to the Owner a Certification of Franchise Tax Payment and further agrees to obtain from each subcontractor and supplier and hold for redelivery to the Owner if requested a certification of franchise tax status of such subcontractor or supplier.

1.11 OWNER’S RIGHT: It is understood that the Owner reserves the right to accept or reject any and all Proposals and to waive proposal irregularities. It is further agreed that this Bid shall be valid and not withdrawn for a period of sixty (60) days from the date of opening thereof.

1.12 The Respondent must complete, sign and return this Pricing and Delivery Proposal as part of their submittal response. The Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject the submittal to disqualification.

Respondent’s Name:

Respondent’s State of Texas Tax Account No.:

(This 11-digit number is mandatory)

If a Corporation:

Respondent’s State of Incorporation:

Respondent’s Charter No:

Identify each person who owns at least 25% of the Respondent’s business entity by name:

(Name)

Submitted and Certified by:

(Respondent’s Name) (Title)

(Street Address) (Telephone Number)

(City, State, Zip Code) (Fax Number)

(Authorized Signature) (Date)

1.13 RESPONDENT’S EXECUTION OF OFFER

(See additional signature lines at end of this section)

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH THE RESPONDENT'S PROPOSALS. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE PROPOSALS WILL RESULT IN REJECTION OF THE PROPOSALS.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED PROPOSALS OR ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT FROM THE SUBMISSION OF RESPONDENT’S PROPOSALS, AND THE RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT OWNER'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT OR PURCHASE ORDER.

1.13.1 By signature hereon, Respondent acknowledges and agrees that (1) this Request For Competitive Sealed Proposals is a solicitation for Proposals and is not a contract or an offer to contract; (2) the submission of Proposals by Respondent in response to this Request For Competitive Sealed Proposals will not create a contract between the Owner and Respondent;

(3) the Owner has made no representation or warranty, written or oral, that one or more contracts with the Owner will be awarded under this Request For Competitive Sealed Proposals; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this Request For Competitive Sealed Proposals.

1.13.2 By signature hereon, Respondent offers and agrees to furnish to the Owner the products and/or services more particularly described in its Proposals, and to comply with all terms, conditions and requirements set forth in the Request For Competitive Sealed Proposals documents and contained herein.

1.13.3 By signature hereon, Respondent affirms that he has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted Proposals.

1.13.4 By signature hereon, a corporate Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Texas Tax Code, or that the corporate Respondent is exempt from the payment of such taxes, or that the corporate Respondent is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable.

1.13.5 By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or Owner represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in Section 15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the Proposals made to any competitor or any other person engaged in such line of business.

1.13.6 By signature hereon, Respondent represents and warrants that:

1.13.6.1 Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the Request For Competitive Sealed Proposals;

1.13.6.2 Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the Request For Competitive Sealed Proposals;

1.13.6.3 Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances;

1.13.6.4 Respondent understands (i) the requirements and specifications set forth in this Request For Competitive Sealed Proposals and (ii) the terms and conditions set forth in the Contract under which Respondent will be required to operate;

1.13.6.5 Respondent, if selected by the Owner, will maintain insurance as required by the Contract;

1.13.6.6 All statements, information and representations prepared and submitted in response to this Request for Competitive Sealed Proposals are current, complete, true and accurate. Respondent acknowledges that the Owner will rely on such statements, information and representations in selecting the successful Respondent. If selected by the Owner as the successful Respondent, Respondent will notify the Owner immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information.

1.13.7 By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the Request For Competitive Sealed Proposals is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements, which may result from the submission of Respondent’s Proposals.

1.13.8 (Not Used)

1.13.9 By signature hereon, Respondent certifies as follows:

1.13.9.1 “Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”

1.13.9.2 “Under Section 2155.004, Texas Government Code, the vendor or applicant certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”

1.13.9.3 “Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each individual or business entity which is an engineer or architect proposed by Respondent as a member of its team was selected based on demonstrated competence and Proposals only.”

1.13.10 By signature hereon, Respondent certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between Respondent and an employee of any member institution of The University of Texas System, or Respondent has not been an employee of any member institution of The University of Texas System within the immediate twelve (12) months prior to your Request For Competitive Sealed Proposals response. All such disclosures will be subject to administrative review and approval prior to the Owner entering into any contract with Respondent.

1.13.11 By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this Request for Competitive Sealed Proposals (reference Section 2155.004 Texas Government Code).

1.13.12 Respondent represents and warrants that all articles and services quoted in response to this Request for Competitive Sealed Proposals meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation.

1.13.13 By signature hereon, Respondent signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

1.13.14 By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Respondent’s Proposals.

1.13.15 By signature hereon, Respondent agrees that any payments that may become due under any agreements or other contractual arrangements, which may result from the submission of

Respondent’s Proposals, will be applied towards any debt including, but not limited to, delinquent taxes and child support that is owed to the State of Texas.

1.13.16 By signature hereon, Respondent agrees that this project will utilize the Owner Controlled Insurance Program (OCIP) and the Owner provided Builder’s Risk Insurance program and will bind all contractors and subcontractors to participate in the program. The Respondent acknowledges that it has received and reviewed information required to be provided about the OCIP program at least ten (10) days before entering into this contract, and will provide this information to all contractors and subcontractors at least ten (10) days before entering into a contract with them.

1.13.17 DISCLOSURE OF INTERESTED PARTIES STATUTE. In its proposal, Respondents must agree to comply with Section 2252.908, Texas Government Code (“Disclosure of Interested Parties Statute”) and 1 Texas Administration Code Sections 46.1 through 46.3 (“Disclosure of Interested Parties Regulations”) as implemented by the Texas Ethics Commission (“TEC”), including, among other things, providing the TEC and University with the information required by the Disclosure of Interested Parties Statute and the Disclosure of Interested Parties Regulations on the form promulgated by the TEC and set forth in APPENDIX EIGHT. The form will be required to be submitted to Owner prior to the countersigning of the final agreement and not submitted with this RFP.

1.13.18 By signature hereon, Respondent certifies that the only member(s) of the Board of Regents of The University of Texas System, or the Executive Officers of The University of Texas System or it’s member institutions that has a financial interest, directly or indirectly, in the transaction that is the subject of the contract is identified below. Attach additional pages as necessary.

(Firm’s Business Title)

(UT System Title)

1.13.19 The Respondent must complete, sign and return this Execution of Offer as part of their submittal response. The Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject the submittal to disqualification.

(Respondent’s Name) (Title)

(Authorized Signature) (Date)

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