ESBD_370906_1722887267436_RFP 24-05 Electrical Services.pdf

Cisco College Request for Proposal

#2024-05 Electrical Services

Proposal Closing: 2:30 p.m., Thursday, August 15, 2024

Beverly Massey

Director of Operations & Procurement

Telephone 325-794-4433

TERMS OF CONTRACT:

This contract shall be a (1) one year term with a beginning date of September 1, 2024 with a guarantee of fixed pricing.

Price increases will only be accepted with validation from the industry indicating increases industry wide. Nothing in these specifications shall prohibit the College from negotiating longer terms, or from automatically renewing the contract for a maximum period of five years/sixty months. The contract will be renewable upon the anniversary date annually, if renewed terms are agreed upon by both parties.

Cisco College District Request for Proposals #2024-05 - Electrical Services

GENERAL OVERVIEW:

Cisco College is accepting sealed proposals for maintenance projects requiring electrical services throughout the year.

The term of this contract will be for the period of September 1, 2024 through August 31, 2025.

Proposals will be accepted until 2:30 p.m, Thursday, August 15, 2024 via electronic submission to the Cisco College website @Bid Opportunities. The proposals will be opened and recorded on a bid tab document. A recommendation will be made on August 16, 2024 and presented at the August 19,2024 Board meeting. Vendors will be notified of the award on August 20, 2024

SPECIFIC REQUEST:

The Director of Facilities, at the Cisco campus and the Director of Operations at the Abilene campus will determine when to contact the primary contractor to provide services for each campus.

The Contractor may request to inspect the campuses by contacting Robert Anderson at the Cisco campus randerson@cisco.edu or Keith Jones- Abilene campus at keith.jones@cisco.edu.

The College intends to select a contractor for repair service for all electrical repairs following College campuses:

• Main Campus 101 College Heights, Cisco, Texas 76437

• Abilene Educational Center 717 E Industrial Blvd., Abilene, Texas 79606 The contractor will be responsible for various types of electrical services including repairs to existing buildings and new construction or remodeling. The contractor is to provide the manpower and parts to complete each job. In most cases, time is of the essence to complete a repair.

COLLEGE RESPONSIBILITY:

After evaluation of the proposals submitted, the College will select a primary contractor for each location with the possibility of awarding to the same contractor for both campuses and an alternate contractor(s) who can best meet the needs to the College, based on “best value” including hourly rates, the cost plus for parts required and the time necessary to respond to a call. If the primary contractor is unavailable to perform a service when needed, the College will contact one of the alternates.

The Director of Facilities- Cisco, and the Director of Operations-Abilene will determine when to contact the contractor for services. The successful contractor will be responsible for various types of repairs as needed. The contractor is to provide the manpower for repair services the contractor will be required to provide the manpower and may be required to provide the parts to complete the job. For each repair service, the College will determine if parts are supplied by the contractor or the College. The contractor shall state in the proposal the cost plus for parts. In most cases, time is of the essence to complete a repair.

CONTRACTOR RESPONSIBILITY:

The Contractor must have a Class A Master’s License. All services listed under Class A will be required. It should be noted the services that will be performed will be for minor repairs, and will not include major renovations. All major renovations over $50,000 will be bid under a separate agreement. The vendor must be aware that many of the services must be performed after working hours, weekends, and holidays. Normal operating hours of the College are Monday through Thursday are 8:00 a.m. until 5:00 p.m. Fridays 8:00 a.m. until 12:00 p.m.

https://www.cisco.edu/about/offices/business-office/purchasing-and-payment-services/current-bid-opportunities mailto:randerson@cisco.edu mailto:keith.jones@cisco.edu

LICENCES & PERMITS:

The Vendor is responsible for obtaining all permits and licenses required by federal, state, city, and county. The College will not be charged back for the price to obtain the permits and licenses. Licenses of certificates that are held by technicians must be included in the Request for Proposal.

REFERENCES:

The vendor is to supply three commercial references which include the name of the company, contact person, address, and phone number.

SUMMARY OF WORK:

1. Immediately upon arrival at site, Contractor shall check in with the maintenance department. Notify maintenance personnel immediately prior to leaving site.

2. Contractor shall provide all required equipment, materials, labor, and personnel to perform services as required by city and state ordinances. All personnel shall be fully qualified and experienced in performing service work.

3. Regular operating hours of 8:00 a.m. to 5:00 p.m., Monday through Thursday, 8:00 a.m. to 12:00 p.m. Friday, excluding holidays. Work schedules outside these normal working hours must be arranged with the Director of Facilities-Cisco or Maintenance Manager-Abilene.

4. Contractor shall not be liable for loss, delay, damage, or injury due to events beyond its control, including fire, rain or hail damage to indoor equipment, floods, explosions, vandalism, and other “acts of God”, nor for any loss, delay, damage, or injury caused by negligence or abuse of equipment on the part of the Owner.

5. Contractor shall not be liable for losses associated with Owner's lost time or for related business and indirect losses. Contractor remains liable for damages and injuries to equipment, buildings, materials, and persons which are directly the result of Contractor's negligence, mistake or failure to perform its agreement obligations.

6. Contractor will provide the college with certification of warranty on all new repairs installed under the agreement.

7. Contractor will notify owner when any services performed under warranty fails, and will replace any such additional services free of any charge to Owner.

8. Work premises must remain clean and free of debris to insure safety. After completion of services, work will not be accepted by Cisco College until clean up has been performed.

9. Contractor shall provide a detailed report stating how the contractor will perform any of the repairs and how often:

a. Inspection report as deemed necessary for services required

b. List all replacement costs to the Director of Facilities or Director of Ops before work begins.

c. Any major repair parts & associated costs. Give warranty information for all parts, materials, supplies that might be required.

d. State warranty available for all labor requirements.

e. Other pertinent information that might be necessary.

10. Provide Owner with a written report of each on-site visit. Report shall include, as a minimum, the following:

a. Date of visit

b. Time of check in & time of completion on campus

c. Campus location

d. Description of repairs made and any additional items of work completed

e. Name of service person(s)

A copy is to be forwarded to the Director of Facilities- Cisco, or the Director of Operations-Abilene

11. The successful contractor will be issued a blanket purchase order after execution of this RFP and Award for the

Academic Year. Contractor must itemize each invoice with the number of hours worked and parts repaired.

The hourly rate must be consistent with the rate submitted on this RFP. Warranty information on parts replaced

12. Contractor shall invoice the College within 15 days of completion of project.

13. Alterations to this agreement must be approved, in writing, by both the College and the Contractor.

SPECIFICATIONS:

1. The contractor shall inspect the existing installations and thoroughly acquaint themselves with conditions to be met and the work to be accomplished in removing and/or modifying of the existing work, and installing the new work.

2 The contractor shall carefully lay out his work at the site to conform to details of installation supplied by the manufacturers of the equipment to be installed, and thereby to provide an integrated, satisfactorily operating installation.

3 The contractor shall be responsible for the proper fitting of his material and apparatus into the required space.

4 Before ordering any material or doing any work, the Contractor shall verify all dimensions, including elevations, and shall be responsible for the correctness of the same.

5. The contractor shall be responsible for verification of exact location, method of connections, number and size of wires required, voltage requirements, and phase requirements.

6. The contractor shall apply, install and handle manufactured articles as recommended by the manufacturer.

7. All materials shall be new unless otherwise specified and free from defects and undamaged and pre-approved by

Cisco College.

8. The contractor shall be responsible for transportation of his materials to and on the job and shall be responsible for the storage and protection of these materials and work until the final acceptance of the job.

9. The contractor shall furnish all necessary scaffolding, tackle, tools and appurtenances of all kinds, and all labor required for the safe and expeditious execution of the job.

10. The workmanship shall in all respects be of the highest grade and all construction shall be done according to the best practice of the trade.

11. The contractor shall at all times take such precautions as may be necessary to properly protect his new apparatus from damage. This shall include the erection of all required temporary shelters to adequately protect any apparatus stored in the open on the site, the cribbing of any apparatus above the floor of the construction, and the covering of apparatus in the uncompleted building with tarpaulins or other protective covering.

12. The contractor shall arrange for permits from the local authority.

13. The contractor shall perform the various tests as specified and required by the State and local authorities and furnish all fuel and materials necessary.

14. All work shall be executed in strict accordance with all local, state and national codes, ordinances and regulations governing the particular class of work involved, as interpreted by the inspecting authority. The contractor shall be responsible for the final execution of the work under this heading to suit those requirements.

After installation is tested by the constituted authorities, approved and, on completion of the work, the Contractor shall obtain and deliver to the Owner a final certificate of acceptance.

15. All materials installed shall be tight, plumb, level, square and symmetrically placed in relation to the work of other trades.

16. If required, contractor shall use due diligence to avoid cutting openings larger than required or in wrong locations. Contractor shall be responsible for the patching of all openings cut to install the work or repair the damage resulting from the failure of any part of the work installed. All surfaces shall be restored to match existing conditions.

17. Installation requirements shall be carefully coordinated with structural, architectural and mechanical conditions and shall be adjusted to avoid conflict.

18. All work shall be concealed in walls, ceilings, chases unless specifically noted to be exposed or otherwise approved.

19. Install detectable warning tape above conduits and pipe, 12" below finished grade, except 6" below ;subgrade under pavements and slabs.

20. Protection

a. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris.

b. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions.

Scarify or remove and replace soil material to depth as directed by Architect; reshape and recompact.

c. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing.

Restore appearance, quality, and condition of finished surfacing to match adjacent work and eliminate evidence of restoration to the greatest extent possible.

21. Disposal of Surplus and Waste Materials

a. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner’s property unless otherwise directed by Owner.

b. Repair: Any damage to shrubs, grass or structures shall be repaired to previous condition by Contractor at no additional expense to Owner.

TERMS, CONDITIONS AND AGREEMENT

ANNULMENTS AND RESERVATIONS:

1. Cisco College reserves the right to reject any and all Request for Proposals and waive any and all formalities and conditions. Cisco College reserves the right to retain all Proposals received for 30 days prior to taking any action and Proposer shall not withdraw their Proposal at any time thereafter. The College shall accept the Request for Proposal determined by the College to be in its best interest. It is not the intent of any condition or specification in the Competitive Request for Proposal to prohibit any responsible Proposer from submitting a Proposal.

2. The College also reserves the right to inspect and reject all materials, products and workmanship furnished to the

College for defects, non-compliance with the requested specifications or unauthorized substitutions. Rejected materials and products will be returned at the Proposer’s expense. Labor will be provided at the Proposer’s own expense if found in violation of this requirement.

3. This Request for Proposal is not construed as a contract or a COMMITMENT of any kind. This Request for

Proposal does not commit Cisco College to pay for any costs incurred in the preparation and submission of specifications or for any cost incurred prior to the execution of a final offer.

DELIVERY OF PROPOSALS:

Proposals should be submitted electronically to the Cisco College website: Bid Opportunities

O R c a n b e m a i l e d t o B e v e r l y M a s s e y , D i r e c t o r o f O p e r a t i o n s & P r o c u r e m e n t 7 1 7 E I n d u s t r i a l B l v d A b i l e n e , T e x a s 7 9 6 0 2

Proposals received after the deadline will be returned unopened. In case of mailed proposals or correspondence concerning proposals, the College will not be held responsible for incorrectly routed, lost, or late mail.

OPEN RECORDS:

It is understood by submitting a bid to Cisco College, the document becomes part of an open record. Any request for your bid through the open records act will be honored. Copies of your bid will be supplied to the requesting party.

PROPOSER’S OBLIGATIONS:

1. The Proposer shall supply products and/or services as per the enclosed specifications. Substitutions will not be allowed after a Request for Proposal has been submitted for review and will not be delivered instead of the item quoted, unless the item is of a higher quality than the item specified.

2. The Proposer shall not sell, assign, transfer or convey this contract, whole or in part, without the prior written consent of the College.

3. Any item or service that is described in this Request for Proposal that does not meet the specifications or a service not performed that is claimed by the Proposer, will be replaced by said Proposer at no cost to the College.

https://www.cisco.edu/about/offices/business-office/purchasing-and-payment-services/current-bid-opportunities

INSURANCE REQUIREMENTS:

The Contractor shall be required to submit certificates of insurance indicating that coverages are in effect, and shall also provide endorsement for the comprehensive general liability policy and comprehensive automobile liability policy with Cisco College shown as an additional insured. For construction contracts, Offeror shall NOT include Insurance Service Office (ISO) endorsement CG2294 (CG2294 eliminates coverage for general contractor for the work of sub-contractors) and this must be stated in the notes of the Certificate of Insurance. Contractor shall maintain for the duration of the contract and any extensions thereof, insurance issued by a company or companies qualified to do business in the State of Texas, in the types and amounts specified below:

Types Description Limits General Liability General Aggregate $1,000,000

Products - Com/or Aggregate $1,000,000 Commercial General Liability Personal & Adv. Injury $1,000,000 Claims made Occur Each Occurrence $2,000,000 Owner’s Contractor’s Protection Fire Damage (any one fire) $ 50,000

Med Expense (any one person) $ 5,000 Automobile Liability

Any auto Combined Single Limit Bodily Injury

$ 250,000

All Owned Autos

Scheduled Autos Hired Autos

Non-Owned Autos Garage Liability

Umbrella Form - Excess Liability State the limits that your company carries

WORKMAN'S COMPENSATION AND EMPLOYERS LIABILITY:

A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project is required for the duration of the project.

Duration of the project includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Texas Labor Code 406.096) include all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity that furnishes persons to provide services on the project. Services include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code 401.011(44) for all employees of the contractor providing services on the project for the duration of the project. The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

The contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

The contractor shall notify Cisco College in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

The contractor shall post on each project site a notice, in the text, form, and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

The contractor shall contractually require each person with whom it contracts to provide services on a project, to:

1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code 401.011(44) for all of its employees providing services on the project for the duration of the project;

2. Provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project for the duration of the project;

3. Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

4. Obtain from each other person with whom it contracts, and provide to the contractor:

a. A certificate of coverage, prior to the other person beginning work on the project; and

b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

6. Notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

7. Contractually require each person with whom it contracts to perform as required by items 1-6, with the certificates of coverage to be provided to the person for whom they are providing services.

By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the Cisco College that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

The contractor's failure to comply with any of these provisions is a breach of contract by the contractor that entitles the Cisco College to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.

CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY:

Providing for a limit of not less than One Million Dollars ($1,000,000) for all damages arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total limit of One Million Dollars ($1,000,000) for all damages arising out of bodily injuries to or death of two or more persons in any one accident, and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000) for all damages arising out of injury to or destruction of property in any one accident, and subject to that limit per accident, a total (or aggregate) limit of Two Million Dollars ($2,000,000) for all damages arising out of injury to or destruction of property during the policy period.

AUTOMOBILE:

Providing for a limit of not less than Two Hundred Fifty Thousand Dollars ($250,000) for injuries, including accidental death, to any one person and, subject to the same limit for each person a total limit of Five Hundred Thousand Dollars ($500,000) on account of total accident, and automobile property damage insurance in an amount not less than Two Hundred Fifty Thousand Dollars ($250, 000).

LENGTH OF CONTRACT:

This contract shall be a two year term with a beginning date of September 1, 2022 with a guarantee of fixed pricing.

Price increases will only be accepted with validation from the industry indicating increases industry wide. Nothing in these specifications shall prohibit the District from negotiating longer terms, or from automatically renewing the contract for a maximum period of five years/sixty months. The contract will be renewable upon the anniversary date annually, if renewed terms are agreed upon by both parties.

COLLEGE’S OBLIGATION:

1. In determining to whom to award a contract, the College shall consider:

a. The purchase price

b. Stocking/delivery scheduled time

c. The reputation of the Proposer and of the Proposer’s goods or services

d. The quality of the Proposer’s goods or services

e. The extent to which the goods or services meet the College’s needs

f. The Proposer’s past relationship with the College

g. The total long-term cost to the College to acquire the Proposer’s goods or services

h. Any other relevant factor that a private business entity would consider in selecting a Proposer

2. The College shall not be responsible for any goods delivered or services performed without its purchase order, signed by an authorized representative of the Purchasing Department.

3. The College will have the authority to disapprove or reject defective products and/or non-suitable work standards or products and determine if items offered are equivalent or not.

4. The College may make such investigations, as it deems necessary, to determine the ability of the Proposer to provide satisfactory performance in accordance with the specifications. The Proposer shall furnish to the College all such information and data for this purpose as the College may request. Proposers may be required to provide an item for evaluation purposes.

5. The College reserves the right to enforce the performance of this contract, in any manner prescribed by law or deemed to be in the best interest of the College, in the event of breach or default of this contract. The College reserves the right to terminate the contract immediately in the event the successful vendor fails to meet schedules or otherwise perform in accordance with these specifications. Breach of Contract or default authorizes the College to purchase the service elsewhere, and charge the full increase in cost and handling to the defaulting successful vendor.

BASIS FOR AWARD:

1. The Vendor MUST complete all forms included in this Request for Proposal which will be used to aid Cisco

College in selecting the vendor.

2. Cisco College reserves the right to award to the Proposer the College deems to be in the best interest of the College even if the Proposal goes to a higher cost Proposal. Cisco College reserves the right to award contract to multiple Proposers if it is advantageous to Cisco College District.

3. The successful Proposer will be determined by several factors including previous experiences with the College or other entities, reference responses, quality of goods offered, ability to deliver and stock merchandise, long-term cost to the College to acquire the offered items, net price and any other factor deemed important to the College.

4. Purchase cost is a major consideration in the selections process, however, the College may award this contract to a higher Proposal if it is deemed to be in the best interest of the College.

5. Delivery is also an important factor in the award of this contract. Proposers shall state the number of days to deliver the product and/or service from receipt of the purchase order.

EVALUATION CRITERIA:

The proposals will be evaluated by the College using the criteria listed below.

5 points Proper submission and completeness of the Request for Proposals Based on the submittal. Is it complete and meets all specifications?

60 points Cost effectiveness Cost to the College.

20 points Ability to meet the provide timely service to the College

Based on information submitted through questions on pricing page.

15 points References/Past experience with the College Based on responses from references and experience with the College. Information received from current and/or former customers will help determine levels of satisfaction and capabilities to complete this project efficiently.

PRICEQUOTATIONS:

1. The unit prices shall include all items required, including shipping and on-site warranty period.

2. Request for Proposals must be submitted on the forms provided to insure complete uniformity of wording of all

Proposals. Proposals may be rejected if they show any omissions, alterations in wording, conditional clauses or irregularities of any kind.

INTERPRETATIONS OF THE SPECIFICATIONS:

Only the interpretation or correction so given by the Purchasing Agent, in writing, shall be binding; and prospective Proposers are advised that no other source is authorized to give information concerning, explaining or interpreting the Proposal document.

DEVIATIONS FROM SPECIFICATIONS:

All deviations from the specifications must be noted in detail by the Proposer, in writing, at the time the offer is submitted. The absence of a written list of deviations from the specifications at the time of submittal of the Request for Proposal will hold the Proposer strictly accountable to the College to the specifications as written. Any deviation from the specifications as written and not previously submitted, as required by the above, will be grounds for rejection of the products when delivered.

ORDERING:

The Request for Proposals will be put into effect by means of a purchase order prepared by Cisco College. Cisco College will not be held responsible for any orders that are not accompanied by an authorized Cisco College Purchase Order.

PAYMENT:

No partial payment made hereunder shall be or construed to be final acceptance or approval of that part of the goods or services to which such partial payment relates or relieves Proposer of any of its obligation hereunder with respect thereto.

The acceptance of Final Payment shall constitute a waiver of all claims by the Proposer except those previously made in writing and identified by the Proposer as unsettled at the time of the Final Request for Payment.

The College shall have the right to verify the details set forth in Proposer’s billings, certificates, and statements, either before or after payment therefor, by (1) inspecting invoices, statements, and records of Proposer.

INVOICING AND PAYMENT/DISCOUNTING:

1. All invoices are to be submitted in duplicate and emailed to accounts.payable@cisco.edu OR mailed to:

Cisco College Attn: Accounts Payable 101 College Heights Cisco, Texas 76437

2. Invoices will be returned for correction unless they contain the following information: Location address, a description of item, quantity, unit price, total price per item, total price of order, total net price and the purchase order number.

The original and one copy shall be forwarded to the office listed above.

3. Cisco College obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this Request for Proposals null and void to the extent funds are not available.

4. Unless otherwise stated on the purchase order, payment will be net thirty (30) days after receipt of a correct invoice.

If a cash discount is allowed for prompt payment, please indicate on the invoice. Partial payment may be paid if partial shipments have been received. Any penalty for delayed payment must be stated on the invoice.

DELIVERY INFORMATION AND INSTALLATION:

1. Delivery will be made to the Cisco College Campuses.

2. Delivery shall be F.O.B. Destination, Freight Prepaid.

TAXES:

Prices quoted shall not include federal excise or state sales and use taxes, as the College is exempt from the payment of these taxes. Exemption certificates will be furnished upon request.

CONTRACT PERFORMANCE CLAUSE:

This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Eastland County, Texas.

REMEDIES FOR NON-PERFORMANCE OF CONTRACT AND TERMINATION OF CONTRACT:

If the vendor cannot comply with the terms and conditions in fulfilling its contract as anticipated, the vendor must supply the same products or services contracted for other sources at the contract price. The vendor’s delay in the above will constitute the vendor’s material Breach of Contract, whereupon Cisco College may terminate the vendor’s contract for cause as provided by the remainder of this section.

Except as otherwise provided for within the Terms and Conditions of this document, this contract may be terminated in whole or in part by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party; provided that no such termination may be implemented unless and until the other party is given (1) at least ten (10) days written notice (delivered by certified mail, return receipt requested) of mailto:accounts.payable@cisco.edu intent to terminate, and (2) an opportunity for consultation with the terminating party, followed by a reasonable opportunity, of not more than ten (10) working days, to rectify the defects in products or performance, prior to termination.

FORCE MAJEURE

If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligation under this Agreement, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, order of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrest, restraints of government and people civil disturbances, explosions, breakage or accidents to machinery, pipeline, or canals or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in judgment of the party having the difficulty.

ASSIGNMENT - DELEGATION:

No right or interest in the Request for Proposals shall be assigned or delegation of any obligation made by the Awarded Proposer without the written permission of the College. Any attempted assignment or delegation by the Proposer shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

WAIVER:

No claims or right arising out of a breach of the Request for Proposals can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

MODIFICATIONS:

This Request for Proposals can be modified or rescinded only in writing signed by both of the parties or their duly authorized agents.

INTERPRETATION - PAROLE EVIDENCE

This writing is intended by the parties as the final expression of their agreement and is intended also as a complete an exclusive statement of the terms of their agreement. No course or prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even thought the accepting or acquiescing party has knowledge of the performance and opportunity for objection.

RIGHT TO ASSURANCE:

When one party to this Request for Proposals in good faith has reason to question the other party’s intent to perform, that party may demand that the other party give written assurance of their intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Request for Proposals.

VENUE:

Both parties agree that venue for any litigation arising from this Request for Proposals shall be in Cisco, Cisco County, Texas.

PROHIBITION AGAINST PERSONAL INTEREST IN REQUEST FOR PROPOSALS:

No officer or employee of the College shall have a financial interest, direct or indirect in this contract with the College, or shall be financially interested directly or indirectly in the sale to the College of any land, materials, supplies or service except on behalf of the College as an officer or employee. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position.

Any violation of this section with the knowledge expressed or implied, or the person or corporation shall render the Request for Proposal voidable by the college authority.

COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)

The Proposer shall be in compliance with all relevant requirements of the Americans with Disabilities Act (ADA)as applicable to their operations. By submission of a Proposal response, Proposer acknowledges intention to conform with ADA. If the Proposer does not conform to the ADA Act, the College has grounds to suspend the contract.

MAINTENANCE/WARRANTY:

The warranty conditions for all materials and products used shall be considered the manufacturer’s minimum standard warranty unless the College otherwise agrees in writing. All components shall be new.

UNIFORM & COMMERCIAL CODE:

1. This writing and subsequent interview information given and forwarded to the college shall be a sole and final expression of the agreement between the College and the Proposer, and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is controlling.

2. All equipment and services furnished under this contract shall comply with applicable laws, ordinances and regulations. The Proposer shall give all notices and comply with all laws, ordinances, rules and regulations and without such notice to the authorized College’s representative, the Proposer shall bear all costs arising there from.

GRATUITIES:

The College may, by written notice to the Awarded Proposer, cancel this Request for Proposal without liability to Proposer if it is determined by the College that gratuities in the form of entertainment, gifts, or otherwise, were offered or given by the Proposer, or any agent or representative of the Proposer, to any officer or employee of the College with a view toward securing an Request for Proposal or securing favorable treatment with respect to the awarding or amending, or the making or any determinations with respect to the performing of such an Request for Proposal. In the event this Request for Proposal is canceled by the College pursuant to this provision, the College shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Proposer in providing such gratuities.

ADVERTISING:

The Proposer shall not advertise or publish, without the College’s prior consent, the fact that the College has entered into this Request for Proposal, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government.

REFERENCES:

Please provide educational references in addition to non-educational references.

DISCLOSURE OF INTERESTED PARTIES:

Section 2252.908 of the Texas Government Code requires a business entity entering into certain contracts with a governmental entity to file with the governmental entity a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity. Section 2252.908 requires the disclosure form (Form 1295) to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. The form must be submitted electronically through the Texas Ethics Commission website.

Once the form is submitted and given a unique registration number, the business entity must manually sign the form and have it notarized. The form should be sent to the government entity which will then verify the form on the Texas Ethics Commission website.

CONFLICT OF INTEREST:

No public official shall have interest in this contract, in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitled C, Chapter 171.

Persons submitting a response to this Request for Proposal must comply with all applicable laws, ordinances and regulations including the provisions of the State of Texas Government Code Chapter 176. As applicable, the person submitting a response to this Request for Proposal must complete and submit a Conflict of Interest Questionnaire form CIQ, in a format approved by the Texas Ethics Commission. The form is to be attached to the offer and submitted to the Purchasing Office, Cisco College District, 3600 North Garfield, Cisco, Texas 79705. A copy of the CIQ form can be found at the Texas Ethics Commission web site.

HOUSE BILL 793 - PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL:

Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its response.

SENATE BILL 252 ACKNOWLEDGMENT:

Pursuant to the provisions of Subtitle F, Title 10, Texas Government Code 2252.152 (CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION PROHIBITED)a governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Texas Government Code Section 806.051, 807.051, or 2252.153.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.806.htm#806.051 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.807.htm#807.051

Sec. 2252.153. LISTED COMPANIES. The comptroller shall prepare and maintain, and make available to each governmental entity, a list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization.

Sec. 2252.154. EXCEPTION. Notwithstanding any other law, a company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to contract prohibition under this subchapter.

REQUEST FOR PROPOSAL AGREEMENT:

This Proposal document and the authorized purchase order will constitute the whole agreement between the College and the Proposer. No other document will be binding.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.806.htm#806.051 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.807.htm#807.051

WHERE TO ADDRESS QUESTIONS:

Any questions should be referred to : Beverly Massey Director of Operations & Procurement E-mail: beverly.massey@cisco.edu mailto:beverly.massey@cisco.edu

Cisco College District

Pricing

List hourly rates:

Master Journeyman Electrician

Apprentice(Helper)

Normal working hours: $ (8:00 a.m. to 5:00 p.m) Nights $

Weekends: $

Holidays: $

Markup percent on parts: Percent Markup

If different from above, give examples of your markup on parts:

Answer the following questions.

1. Will mileage or travel expenses be charged? Yes No

2. Time needed to respond to initial call from Cisco College:

3. Will any work listed be performed by Sub-contractors? No Yes

4. If sub-contractors will perform any work, a list of those sub-contractors will require approval by the Cisco College Executive Director of Facilities

5. Warranty offered:

6. List referenced with complete contact information:

7. Are all required forms (pages 17-22) signed and attached?

Proposal Acknowledgment Form

“The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this Proposal in collusion with any other Proposer, and that the contents of this Proposal as to prices, terms or conditions of said Proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of the Proposal.”

(I) (WE) certify that this firm and no employee of this firm has given, offered to give, nor intends to give at any time any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor or service to any employee of Cisco College in connection with this submitted offer.

Company Name:

Address:

City: State: ZIP:

Phone: Fax: Email:

Proposer (Signature):

Proposer (Print Name):

Position with Company:

Signature of Company Official Authorizing This Proposal:

Company Official (Print Name):

Official Position:

Date:

Vendor's Certification Form

1. Vendor hereby acknowledges that it is unlawful to offer, give, agree to give to any person, or solicit, demand, accept, or agree to accept from another person, a bribe, or unlawful gift, benefit, advantage, gratuity, payment or an offer of employment in connection with or arising from this RFP or subsequent contract.

2. Vendors must disclose the name(s) of any of its employees, officers, directors, Sub-Contractors, or agents who may also be a member of the Board of Trustees, or an employee or agent of Cisco College.

List Name(s) if any:

3. Persons submitting a response to this RFP must comply with all applicable laws, ordinances and regulations including the provisions of the State of Texas "Local Government Code Chapter 176. As applicable, the person submitting a response to this RFP must complete and submit a Conflict of Interest Questionnaire form CIQ, in a format approved by the Texas Ethics Commission. The form is to be returned with response to the Director of Purchasing, Cisco College101 College Heights, Cisco, Texas 76437. A copy of the form can be found at the Texas Ethics Commission web site http://www.ethics.state.tx.us/forms/CIQ.pdf

4. Texas Resident Information: Chapter 2252, Subchapter A, of the Texas Government Code, establishes certain requirement applicable to proposers who are not Texas Residents. Under the Statute, a "Resident" Vendor is one whose principal place of business is in Texas, including one whose ultimate parent company or majority owner has its principal place of business in Texas or employs at least 500 persons in the State of Texas:

Location of Principal Place of Business (City / State) and or Number of employees based in Texas:

Address:

Or, Number of Employees that reside in Texas:

5. Debarment Certification: Vendor certifies neither the owner or principal owner has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549 "Debarment and Suspension" as described in the Federal Register and Rules and Regulations:

No, Vendor is not currently debarred, suspended or otherwise ineligible.

Yes, Vendor is currently debarred, suspended or otherwise ineligible.

6. In accordance with Chapter 2270 of the Texas Government Code, by accepting this contract, you verify that your firm does not Boycott Israel, and agree that during the term of this agreement will not Boycott Israel as that term is defined in the Texas Government Code, Section 808.001 as amended.

7. Texas Government Code, Subchapter F, Prohibition on Contracts with Certain Companies, Section 2252.152, Vendor certifies they do not do business with companies engaged in business with Iran, Sudan, or Foreign Terrorist Organization that is identified on a list prepared and maintained under Section 806.051, 807.051, or 2252.153.

Vendor Certification:

Date:

Signature:

Printed Name:

http://www.ethics.state.tx.us/forms/CIQ.pdf

Felony Conviction/Debarment Notification

Section 44.034, Texas Education Conviction Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony.