ESBD_File_336428_RFCSP Attachment A Proposal Form 22-002.pdf

Attachment A

FORM OF PROPOSAL

Mr. Cody Guins Director Facilities Planning & Construction ASU Station #10924 San Angelo, TX 76909

Subject: Construction Services ASU Mall Lighting, 22-002

Dear Mr. Guins:

We have carefully examined the Request For Competitive Sealed Proposals (RFCSP or “Solicitation”), the proposed form of Agreement, and all other Agreement Documents, as well as the project site, and are fully informed to the nature of Work and conditions relating to this Projects performance and completion. The undersigned (referred to herein as Respondent) hereby proposes to furnish Construction services as required for this Project.

ADDENDA

We have received _______ Addenda prior to the submission of this Proposal.

HUB CONTRACTING COMMITMENT

In addition to, and distinct from, any Good Faith Effort required by Texas law, our firm commits to use certified HUB Firms to perform work valued at a minimum of _______% of the Total Agreement Amount.

TIME OF COMPLETION

The anticipated duration for achieving Substantial Completion of the Project, once Notice to Proceed with Construction Services is issued:

______________________________consecutive calendar days

CONSTRUCTION SERVICES BASE PROPOSAL

We hereby propose to perform the Construction Services defined in the aforementioned RFCSP for the amount listed below which includes all applicable Federal, State, and Local taxes required for the performance and completion of the work and any specified Allowances.

Figure (written out): _______________________________________________________________ and ___/1.00 Dollars

Figure (numerical): $ ___________________________________________________________________________

ALLOWANCES

In accordance to Specification Section 01030 – Schedule of Allowances, the following allowance is to be included in the Base Proposal:

Contract Allowance Number One (1): Include a contingency allowance of $50,000.00 (fifty thousand dollars) for any work deemed necessary by ASU for the completion of the scope of work shown in the contract documents.

Contract Allowance Number Two (2): Include a contingency allowance of $5,000.00 (five thousand dollars) for replacing mature trees and or shrubs.

Contract Allowance Number Three (3): Include a contingency allowance of $50,000.00 (fifty thousand dollars) for potential irrigation system damage.

Contractor shall not expend allowances without written authorization from owner.

ALTERNATE PRICING

In accordance to Specification Section 010200 – Schedule of Alternates, it is the responsibility of the Contractor, working with the Owner to verify and ensure that, as part of each alternate, miscellaneous devices, appurtenances and similar items incidental to or required for a complete installation, whether or not mentioned on the construction documents, are included in the delivery of each awarded alternate(s)

ALTERNATE NO. 1: ADD/DEDUCT – Mall area just north of the Henderson Library (ends at the northern edge of the

Administration Building). Refer to the drawings for the alternate boundaries and requirements.

Figure (numerical): $ ___________________________________________________________________________

ALTERNATE NO. 2: ADD/DEDUCT – Mall area just north of the Houston Harte University Center (Post Office, Bookstore and

Snack Bar). Refer to the drawings for the alternate boundaries and requirements.

Figure (numerical): $ ___________________________________________________________________________

UNIT PRICING

N/A

LIQUIDATED DAMAGES:

For each consecutive calendar day after the date at which the Parties have contracted for Substantial Completion that Substantial Completion is not accomplished, taking into consideration any extensions of time granted by any Change Order, Contractor shall pay to ASU, within ten

(10) days following written demand, the amount of:

Five Hundred and 00/100 Dollars ($500.00) not as a penalty but as liquidated damages representing the parties' estimate at the time of contract execution of the damages that ASU will sustain as a result of its inability to fully utilize the facilities due to late Substantial Completion of the Project and once paid shall represent ASU’s sole and exclusive remedy for late completion. ASU may also recover the liquidated damages from any money due or that becomes due to the Contractor.

CERTIFICATIONS AND AFFIRMATIONS

Signing this proposal with a false statement is a material breach of Contract and shall void the submitted Proposal or any resulting contracts, and the Respondent may be removed from all solicitation lists. By signature hereon affixed, the Respondent hereby certifies that:

1. The Respondent has not received compensation for participation in the preparation of the specifications for this Solicitation.

2. The Respondent agrees that any payments due under this Contract will be applied towards any debt, including but not limited to delinquent taxes, delinquent student loan payments and child support that is owed to the State of Texas.

3. Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”). In accordance with Section 2252.907 of the Texas Government Code, the Respondent is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State.

4. The Respondent or any of the Respondent’s principals (including, but not limited to, an owner, proprietor, sole or majority shareholder, director, president, or managing partner) are not debarred, suspended, or otherwise excluded from doing business with ASU or TTU System. ASU/TTUS may also verify that an entity or principals are not debarred, suspended or otherwise excluded to confirm that no contracts are awarded, extended or renewed.

5. Under Section 231.006, Texas Family Code, the Respondent certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate.

6. Under Section 2155.0061, Texas Government Code, the Respondent certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate.

7. The Respondent may not assign the contract or assign, transfer or delegate, in whole or in part, any of its interest in, or rights or obligations under, the contract without the prior written consent of Angelo State University, and any attempted or purported assignment, transfer or delegation thereof without such consent shall be null and void.

8. The Respondent has not given, offered to give, 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 Proposal.

9. Respondent represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such a firm, corporation or institution has

(1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Solicitation to any competitor or any other person engaged in the same line of business as Respondent

10. In accordance with Section 2155.4441 of the Texas Government Code, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

11. American Iron and Steel. To the extent an Agreement relates to a project as defined in Texas Government Code §2252.201(5) (a project to construct, remodel, or alter a building, structure, or infrastructure; to supply material for such a project; or to finance, refinance, or provide funds for such a project), and no exemption in Texas Government Code §2252.203 applies, any iron or steel product produced through a manufacturing process and used in the project that is the subject of an Agreement must be produced in the United States (as defined in Texas Government Code §2252.201(4).

12. No Boycott. If this Agreement has a value of $100,000 or more that is to be paid wholly or partly from public funds of Texas Tech University System, and if the Respondent is a company, other than a sole proprietorship, with ten (10) or more full-time employees, then pursuant to Texas Government Code § 2271.002, Respondent affirmatively states that it does not boycott Israel and will not boycott Israel during the term of this Agreement. In this paragraph, the terms “company” and “boycott Israel” shall have the meanings described in Texas Government Code § 808.001.

13. Respondent certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

14. Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code

15. Sections 2155.006 and 2261.053 of the Texas Government Code, prohibit state agencies from accepting a Proposal or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defend by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Respondent certifies that the individual or business entity named in this Proposal 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.

16. COVID-19 Vaccination Mandate Prohibition. Respondent affirmatively states that it will comply with the requirements of the Texas Health and Safey Code §161.0085(c) - A business in this state may not require a customer to provide any documentation certifying the customer ’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the business. A business that fails to comply with this subsection is not eligible to receive a grant or enter into a contract payable with state funds.

17. Under Section 669.003 of the Texas Government Code, Respondent certifies that it does not employ, or has disclosed its employment of, any former executive head of the Agency. Respondent must provide the following information in the Proposal:

Name of Former Executive:

Name of State Agency:

Date of Separation from State Agency:

Position with Respondent:

Date of Employment with Respondent:

18. Conflict of Interest Affirmation:

The Respondent certifies that (i) no relationship, whether by blood, marriage, business association, capital funding contract or by any other such kinship or connection to the second degree of consanguinity exists between any owner of the Respondent that is a sole proprietorship, the officers or directors of the Respondent that is a corporation, the partners of any Respondent that is a partnership, the joint ventures of any Respondent that is a joint venture, or the members or managers of any Respondent that is a limited liability company, on one hand, and an officer or employee of ASU/TTUS, on the other hand, and (ii) The Respondent, and any executives, managers, or employees of the Respondent have not been an employee of ASU or TTU System within the immediate twenty-four (24) months prior to the submittal deadline. If any previous employee of ASU/TTUS is employed by the Respondent, that information shall be submitted below.

An officer or employee of ASU/TTUS may not be in any dual employment positions that would result in a conflict of interest or conflict of commitment in relation to his or her position at ASU/TTUS. If such circumstance arises, the officer or employee shall remove himself or herself from the process and disclose the relationship to his or her direct supervisor. The supervisor is responsible for reviewing all Procurements of Goods and Services for any potential conflict of interest. As necessary, the supervisor shall consult with the Executive Director of Contracts & Materials Management. An ASU/TTUS department may not hire a Respondent to provide Goods or Services if a current ASU/TTUS officer or employee of such department is also employed by such Respondent; a current officer or employee of such department has a direct or indirect ownership interest in such Respondent; or the hiring of such Respondent would result in the furtherance of any private interest or gain for a current officer or employee of such department. If any owner of any such Respondent who provides Goods or Services to ASU/TTUS is an ASU/TTUS employee, compliant payment to any Respondent classified as a sole proprietorship or an individual shall be made through the Payroll Services department as additional compensation.

ASU/TTUS shall not enter into a Contract that requires Regents’ approval prior to execution or has a value of at least $1 million without the requisite disclosures by potential Respondents (Texas Government Code § 2252.908).

Respondent certifies that this Proposal is not prohibited under Tex. Gov’t Code §2261.252(b) and agrees that if Respondent’s certification is or becomes untrue, this Proposal is void, and Respondent will not seek and waives its right to seek any legal or equitable remedy for past or future performance under this Contract, including damages, whether under breach of contract, unjust enrichment, or any other legal theory; specific performance; and injunctive relief.

All disclosures by Respondent in connection with this affirmation will be subject to administrative review and approval before ASU/TTUS enters into a Contract with Respondent. Any violation of this conflict of interest policy may result in immediate cancellation of any resulting Contract in addition to a potential debarment of the Respondent from doing business with the State of Texas.

Represent and warrant that Respondent’s provision of Goods or Services or other performance under the Contract will not constitute an actual or potential Conflict of Interest and represent and warrant that it will not reasonably create even the appearance of impropriety.

Disclose any current or former employees who are current or former employees of the Institution.

Former Employee Name ASU/TTUS Department

Disclose any actual or proposed personnel who are, or are related to, current or former employees of the Institution.

Actual or Proposed Personnel Related Party

CONTACT INFORMATION

Respondent certifies that the individual signing this document and the documents made a part of this Proposal is authorized to sign such documents on behalf of Respondent and to bind Respondent under any Contract that may result from the submission of Respondent’s proposal.

The Respondent and the undersigned Respondent’s representative represents and warrants that the Respondent is a validly existing entity, in good standing under applicable law, and that each person signing on behalf of the Respondent has received all necessary approvals to enter into and execute this Agreement.

By signing the proposal, the Respondent certifies that if a Texas address is shown as the address of the Respondent, the Respondent qualifies as a Texas Resident Bidder, as defined in Texas Government Code § 2155.444(c)

Firm (Respondent) Name:

Contact Individual:

Telephone No:

E-Mail Address:

Mail Address:

Sincerely, Signature

Name, Title

Date