ESBD_File_345486_PARKING LOT LIGHTING-STEEN HALL - ITB.pdf

STEPHEN F. AUSTIN STATE UNIVERSITY

INVITATION TO BID

FAILURE TO SIGN WILL DISQUALIFY BID Bid No. ITB #PARKING LOT LIGHTING-

STEEN HALL

Due Date: January 11, 2024 at 3:00 PM

Signature City Zip Show bid opening and bid invitation number in lower left-hand corner of sealed bid envelope and return sealed bids to:

Printed Name

VENDOR NAME AND ADDRESS

PHONE/FAX

Email to: bids@sfasu.edu Mail to: Stephen F. Austin State University P. O. Box 13030, SFA Station 2102 Alumni Drive, Austin Bldg., Room 131 Nacogdoches, Texas 75962-3030 Phone (936) 468-2206

FAX (936) 468-4282

(See 2.3 related to submittal)

Name of Firm

Phone

Mailing Address

FAX

City State Zip

EMAIL

See Instruction 2.11 on Back for Vendor ID Number Is Vendor a State of Texas certified HUB? Yes

Delivery in ______ Days Cash Disc. ________ % _______ Days

Check all that apply if Preference Claimed under Rule 34 TAC 20.38 __ Products of persons with mental or physical disabilities __ Supplies, materials or equipment: produced in TX/offered by TX bidders*

__ Products made of recycled, remanufactured, or environmentally sensitive materials

__ Agricultural products grown in TX __ Energy efficient products __ Agricultural products offered by TX bidders* __ Rubberized asphalt paving material __ USA produced supplies, materials or equipment __ Recycled motor oil and lubricants __ Products produced at facilities located on formerly contaminated property

__ Products and services from economically depressed or blighted areas

*By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas resident Bidder as defined in Rule 34 TAC 20.38.

IF QUOTING OTHER THAN THE REFERENCED ITEM(S) BELOW, BROCHURE AND/OR SPECIFICATIONS SHOULD BE ENCLOSED.

ALL BIDS WILL BE CONSIDERED F.O.B. DESTINATION UNLESS OTHERWISE NOTED.

AWARD NOTICE: Stephen F. Austin State University (SFASU) reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of SFASU and to reject any and all bid items in the sole discretion of SFASU.

Item No. Description Qty. & Unit Unit Price Extension Quote price on quantity and unit of measure, extend and show total. If error in extension, unit price shall govern.

Items for state use are exempt from state sales and federal excise tax. Do not include tax in your bid.

Stephen F. Austin State University is currently seeking bids for furnishing materials, labor, equipment and insurance to remove, relocate and install parking lot lighting in the Steen Hall parking lot on the campus of SFASU at 609 E. College Nacogdoches, TX 75962.

SCOPE OF WORK

Remove 31 existing poles and light fixtures.

Relocate 6 existing poles 'with arms and LED fixtures to East College Street.

Supply and install 8 Washington Sidewalk poles [around Steen Hall].

Supply and install 4 replacement tall poles with single fixtures on poles 4x4.

Supply and install 11 replacement tall poles with double fixtures on poles 4x4.

Supply and install 4 new tall poles with double fixtures on poles Install 4 pole bases [drill holes, forms, and steel, set anchor bolts, concrete].

Install conduit [trench and/or bore conduit to new pole bases, ground box if needed].

1 LOT

Invitation To Bid #PARKING LOT LIGHTING-STEEN HALL

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NOTE

Lighting controls to be done by SFA

EXPECTED START AND COMPLETION DATES

Work is expected to begin on or around March 9, 2024 and be completed by March 17, 2024.

RECOMMENDED SITE VISIT

Please note that a site visit is highly recommended and should be coordinated with Allen Singleton, Mechanical Maintenance/Building Trades Manager, 936.468.4546 or ajsingleton@sfasu.edu

MAP OF STEEN HALL PARKING LOT

See Exhibit A

PERFORMANCE AND PAYMENT BONDS

Performance and Payment Bonds are required on public works contracts and may be used on other service-oriented contracts as needed. The requirement for these bonds must be included in the solicitation because the cost is typically passed on to the University in the proposed price. A payment bond when used is applied when the contract amount is expected to be valued greater than $25,000.

This bond ensures the contractor’s guarantee to pay all subcontractors and employees. A performance bond when used is applied when the contract amount is expected to be valued greater than $100,000. This bond ensures the contractor’s guarantee to perform the work as contracted.

When required, it is the purchaser’s responsibility to ensure that the required bonds are received and are dated appropriately BEFORE routing the purchase order for distribution.

The cost of all bonds must be included in the response.

Performance bonds are required on contracts exceeding $100,000.

Payments bonds are required on contracts exceeding $25,000.

Refer to Article V. in the Uniform General Conditions.

Should the Contractor fail to execute and return the required Performance and Payment Bonds within ten (10) days after the date of notice of award, the Bid Guarantee shall become the property of SFA, not as a penalty but as liquidated damages. The cost of all bonds must be included in the response.

If the bid amount is greater than $100,000, a performance bond is to be provided in the amount of 100% of the contract amount. If the bid amount is greater than $25,000, a payment bond is to be provided in the amount of 100% of the contract amount. These bonds are to be made payable to SFA, are to be drawn on a surety authorized to do business in the State of Texas, and are to be on forms acceptable to the University.

Required bonds are to be delivered to the SFA Purchasing Department within ten (10) days of notification award. Failure to submit the bond within the required timeframe will be considered breach of contract, and any contract awards, either verbal or in writing will be considered null and void.

mailto:ajsingleton@sfasu.edu

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INSURANCE

The Contractor shall not commence work under this Contract until he has obtained all the insurance required hereunder and certificates of such insurance have been filed with and reviewed by SFASU. Acceptance of the insurance certificates by SFASU shall not relieve or decrease the liability of the Contractor

If policies are not written for the amounts specified below (except Worker’s Compensation and Employer’s Liability), Contractor shall carry Excess Liability insurance for any difference in amounts specified. If Excess Liability insurance is provided, it shall follow the form of primary policy.

This insurance shall not be canceled, limited in scope of coverage, or non-renewed until after thirty (30) days prior written notice, or ten

(10) days for non-payment of premium, has been given to the University.

Contractor’s insurance shall be deemed primary with respect to any insurance carried by Stephen F. Austin State University for liability arising out of operations under this Contract.

Stephen F. Austin State University, its officials, directors, employees, representatives and volunteers shall be named as additional insured. This is not applicable to the workers’ compensation policy.

The workers’ compensation and employers’ liability policy will provide a waiver of subrogation in favor of the University.

The workers’ compensation insurance coverage must include the responsibility of the Contractor to provide coverage for every worker either under the Contractor’s policy or under the policy provided by a subcontractor. The Contractor’s policy shall provide that, in the event that a subcontractor’s policy fails to provide worker’s compensation coverage of a worker, that such insurance coverage is provided by the Contractor’s policy.

Unless otherwise provided for herein, the Contractor shall provide and maintain, until the Work covered in this Contract is completed and accepted by SFASU, the minimum insurance coverage as follows:

TYPE OF COVERAGE LIMITS OF LIABILITY

1. Workers’ Compensation Coverage OR

Employer’s Liability with $1,000,000 each occur/aggregate

2. Comprehensive General Liability

a. $1,000,000 each occur

b. $2,000,000 general aggregate

c. $2,000,000 products/

3. Comprehensive Automobile Liability $1,000,000 combined single limit

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GENERAL TERMS AND CONDITIONS

All work is to be performed in a neat and workmanlike manner, site kept clean at all times, protection provided to avoid damage to landscaping and all adjoining property, including improvements, performed as quickly as possible consistent with best industry construction practices, and guaranteed for one (1) full year from date of completion against all defects.

Contractor shall comply with all local, state, and Federal ordinances, laws, rules, and regulations of duly constituted authorities having jurisdiction over this work.

All work is to be completed as mutually agreed by and between the University and the contractor. Failure to complete work (including clean-up) by the mutually agreed date shall be deemed as a breach of contract. Liquidated damages in the amount of $500.00 per calendar day will be assessed, not as a penalty, but as liquidated damages for such breach of contract. (Modify to state the specific completion date if known; modify the liquidated damages as needed to better match the amount of the contract)

Safe working conditions must be maintained on and around work site at all times. Barricades and other protective devices are to be used as necessary to prevent injury to persons or property. All reasonable precautions are to be taken.

Payment will be made lump-sum upon completion or as otherwise mutually agreed between Contractor and the University.

HUB SUBCONTRACTING PLAN

Each respondent is required to make a good faith effort to subcontract with historically underutilized businesses and shall submit a HUB Subcontracting Plan using the HUB Subcontracting Plan documents provided in Exhibit B.

Stephen F. Austin State University is committed to making a good faith effort to increase business with historically underutilized businesses (HUBs) by contracting with HUBs either directly or indirectly through subcontracting opportunities. Respondents are encouraged to actively seek to subcontract or partner with HUBs in an effort to create an environment that actively acknowledges and values diversity.

The University has determined that subcontracting opportunities are probable under this contract.

The University’s HUB goal for this procurement is:

32.9 % for Special Trades.

Each HUB subcontracting plan will be evaluated independently of the response. If the HSP does not reflect a good faith effort to subcontract with HUBs, the entire response will be disqualified

All questions regarding the HUB Subcontracting Plan may be directed to Lacey Bradshaw, HUB Coordinator, 936.468.4412, Lacey.Bradshaw@sfasu.edu mailto:Lacey.Bradshaw@sfasu.edu

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SMOKING, VAPING, AND USE OF TOBACCO PRODUCTS

Stephen F. Austin State University is a tobacco and vape free campus.

PARKING ON CAMPUS

All vehicles parked on the University campus must properly display a valid parking permit and comply with all University parking rules. The Parking and Traffic Office supervises and coordinates all parking transportation and traffic related functions on the campus. Permits expire each August 31.

Contractor shall be responsible for obtaining parking permits from the Parking and Traffic Office and for resolving, should they arise, any parking regulation disputes and violations. The Parking and Traffic Office telephone number is 936-468-7275.

CANCELLATION

The University reserves the right to cancel this contract upon thirty

(30) days’ notices should the quality of services rendered ever fall below levels deemed acceptable by the University. The University shall be the sole judge of the acceptability of services provided hereunder.

ADDITIONAL TERMS AND CONDITIONS

https://www.sfasu.edu/docs/procurement-business-services/purchase-order-general-terms-conditions.pdf

CONTACT INFORMATION

Questions related to the solicitation document, or the response may be directed to Kim Jones, Assistant Director of Procurement,

936.468.6551 or joneskk2@sfasu.edu.

BID OPENING

All bids are due back on Thursday, January 11, 2024 at 3:00 pm.

Bids must be sent via e-mail to bids@sfasu.edu or can be hand delivered to 2102 Alumni Drive Austin Building, Room #131 or via mail to SFASU Procurement and Business Services P.O. Box 13030 Nacogdoches, TX 75962

REQUIRED SUBMITTALS

1) Signed Invitation to Bid

2) Acknowledgement of Addenda, if any

3) Performance and Payment Bond

4) HUB Subcontracting Plan – Exhibit B

5) Non-Collusion Affidavit – Exhibit C https://www.sfasu.edu/docs/procurement-business-services/purchase-order-general-terms-conditions.pdf https://www.sfasu.edu/docs/procurement-business-services/purchase-order-general-terms-conditions.pdf mailto:joneskk2@sfasu.edu mailto:bids@sfasu.edu

Revision 01/2020

ITEMS BELOW APPLY TO AND BECOME PART OF TERMS AND CONDITIONS OF QUOTATIONS.

ANY EXCEPTIONS THERETO MUST BE IN WRITING AND SUBMITTED WITH INVITATION TO BID.

1. BIDDER AFFIRMATIONS: Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts. By signature hereon affixed, the bidder hereby certifies that:

1.1 The bidder 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 bid.

1.2 The bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State or the Federal antitrust laws nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

1.3 Pursuant to Texas Government Code, Section

2155.004(a), the bidder has not received compensation for participation in the preparation of the specifications for this solicitation.

1.4 If applicable, pursuant to Section 231.006 of

the Texas Family Code (relating to child support) the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any bidder subject to Section 231.006 must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award.

1.5 Pursuant to Texas Government Code, Section

2155.004(b), the vendor 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.

1.6 Bidder agrees that pursuant to Section

2107.008 and 2252.903, Texas Government Code, any payments due under this contract will be applied directly toward any debt, including but not limited to delinquent taxes and child support, that is owed to the State of Texas or any agency of the State of Texas regardless of when it arises, until such debt or delinquent taxes are paid in full.

1.7 Bidder certifies that they are in compliance

with Texas Government Code, Section 669.003, relating to contracting with executive head of a State agency. If Section

669.003 applies, the bidder will complete the following information in order for the bid to be evaluated:

Name of former Executive:

Name of State Agency:

Date of separation from State Agency:

Position with bidder:

Date of employment with bidder:

1.8 Bidder agrees to comply with Texas

Government Code 2155.4441, relating to the use of service contracts for products produced in the State of Texas.

1.9 By signature hereon, the Respondent hereby

certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas.

2. BIDDING REQUIREMENTS:

2.1 Bids should be submitted on this form. Each

bid shall be placed in a separate envelope completely and properly identified. When sending bids via overnight delivery, bidder is advised to confirm whether SFA delivery location is a guaranteed AM delivery.

2.2 SFA offers facsimile or email service as a

convenience only. The only telephone number for FAX submission of bids is 936- 468-4282. The only email for email submission of bids is bids@sfasu.edu. The University shall not be responsible for bids or portions of bids received late, illegible, incomplete, or otherwise non-responsive due to failure of electronic equipment, technology error, or operator error. Confirmation of facsimile or email bids is not required.

2.3 Bids must be time stamped in the SFA

Procurement & Business Services Office on or before the hour and date specified for the bid opening. Late bids will not be considered under any circumstances. Late bids properly identified will be returned to the bidder unopened.

2.4 Bids are requested to be firm for acceptance

for a minimum of 30 days from opening date.

Bid cannot be altered or amended after opening time. No bid can be withdrawn after opening time without the approval of the University based on a written acceptable reason.

2.5 Telephone quotations are not acceptable

when in response to this Invitation to Bid.

2.6 Stephen F. Austin State University reserves

the right to accept or reject all or any part of any bids, to waive minor technicalities, to re-advertise if deemed necessary, and to award the bid to best serve the interests of the University.

2.7 All electrical items must meet all applicable

OSHA standards and regulations, and bear the appropriate listing from US, FMRC or

NEMA.

2.8 All items shall be new, in first class condition, with containers suitable for shipment and storage. New shall not be construed as excluding recycled or remanufactured products.

2.9 Any catalog, brand name or manufacturer's

reference used in this bid is descriptive (not restrictive).

2.10 Stephen F. Austin State University will not be

bound by any oral statement or representation contrary to the written specifications of this ITB and any associated addenda.

2.11 Bids should give Payee ID Number, full firm

name and address of bidder. The Payee ID Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. If this number is not known, complete the following:

Enter Federal Employer's Identification

Number

Sole Owner should also enter SSN# below

3. TIE BIDS - Awards will be made in accordance with Rule TAC, Title 34, as amended.

(preferences).

4. PATENTS OR COPYRIGHTS – The Contractor agrees to protect Stephen F. Austin

State University from claims involving infringement of patents or copyrights.

5. PAYMENT - Vendor shall submit an itemize invoice showing Purchase Order Numbe Payment will be made Net 30 from date of recei of goods/services or invoice, whichever is late Late fees will be incurred in accordance wi Texas Government Code 2251. Invoices and an required supporting documents must b presented to: SFASU Accounts Payable, P.O Box 6085, Nacogdoches, TX 75962 electronically submitted accountspayable@sfasu.edu.

6. DELIVERY:

6.1 Bids should show the number of days required

place material in designated location und normal conditions. Failure to state delivery tim obligates bidder to complete delivery in 1 calendar days. A five-day difference in delive promise may break tie bids. Unrealistic short long delivery promises may cause the bid to b disregarded.

6.2 Delivery shall be made during normal workin

hours only, unless prior approval for early or la delivery has been obtained.

6.3 If delay is foreseen, contractor shall give writte

notice. The University has the right to exten delivery date if reasons appear valid. Contract must keep the University advised at all times status of order. Default in promised delive (without accepted reasons) or failure to me specifications, authorizes the University purchase supplies elsewhere and charge fu increase, if any, in cost and handling to defaultin contractor.

6.4 No substitutions or cancellations are permitte

without prior written approval.

7. ALTERNATE DISPUTE RESOLUTION:

Pursuant to Chapter 2260 of the Texa

Government Code, any dispute arising under contract for goods and services for which th chapter applies must be resolved under th provisions of this chapter.

8. PUBLIC INFORMATION ACT:

Information, documentation, and other material connection with this solicitation or any resultin contract may be subject to public disclosu pursuant to Chapter 552 of the Texa Government Code (the “Public Information Act” Bidder acknowledges that University may b required to post a copy of the contract on i website in compliance with Sectio 2261.253(a)(1), Texas Government Code.

9. NOTE TO BIDDERS:

9.1 Any terms and conditions attached to a solicitatio

will not be considered unless specifically referre to on this solicitation and may result disqualification.

9.2 The Contractor shall defend, indemnify and ho

harmless the State of Texas, all of its officer agents and employees from and against a claims, actions, suits, demands, proceeding costs, damages, and liabilities, arising out o connected with, or resulting from any acts omissions of contractor or any agent, employe subcontractor, or supplier in the execution performance of this contract.

9.3 Contractor understands that acceptance of fund

under this contract acts as acceptance of th authority of the State Auditor’s Office or an successor agency, or Stephen F. Austin’s Intern Audit Services, to conduct an audit investigation in connection with those fund Contractor further agrees to cooperate fully wi the State Auditor’s Office or its successor, Stephen F. Austin’s Internal Audit Services in th conduct of the audit or investigation, includin providing all records requested. Contractor w ensure that this clause concerning the authority audit funds received indirectly by subcontracto through Contractor and the requirement cooperate is included in any subcontract award mailto:bids@sfasu.edu

EXHIBIT A

MAP OF STEEN HALL PARKING LOT

o dm

] -V east college street

^ y f f. -T f_r-nr\ cL oi

CO

c

EXHIBIT B

HUB SUBCONTRACTING PLAN

https://comptroller.texas.gov/purchasing/vendo r/hub/forms.php

(CLICK ON LINK ABOVE)

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

EXHIBIT C

NON-COLLUSION AFFIDAVIT

EXHIBIT C

NON-COLLUSION AFFIDAVIT

The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing Proposal (such persons, firms and corporations hereinafter being referred to as the “Respondents”), being duly sworn, on his or her oath, states that to the best of his or her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of the foregoing Proposal, has directly or indirectly entered into any agreement or arrangement with any other Respondent, or with any official of SFA or any employee thereof, or any person, firm or corporation under contract with SFA whereby the Respondent, in order to induce acceptance of the foregoing Proposal by said SFA, has paid or is to pay to any other Respondent or to any of the aforementioned persons anything of value whatsoever, and that the Respondent has not, directly or indirectly entered into any arrangement or agreement with any other Respondent or Respondent which tends to or does lessen or destroy free competition in the letting of the contract sought for by the foregoing Proposal.

The Respondent hereby certifies that neither it, its officers, partners, owners, providers, representatives, employees and/or parties in interest, including the affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, potential Respondent, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other Respondents or potential Respondents, or to obtain through any unlawful act an advantage over other Respondents or SFA.

The prices submitted herein have been arrived at in an entirely independent and lawful manner by the Respondent without consultation with other Respondents or potential Respondents or foreknowledge of the prices to be submitted in response to this solicitation by other Respondents or potential Respondents on the part of the Respondent, its officers, partners, owners, providers, representatives, employees or parties in interest including the affiant.

CONFLICT OF INTEREST

The undersigned Respondent and each person signing on behalf of the Respondent certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of SFA, nor any member of its Board of Regents, employee, or person whose salary is payable in whole or in part by SFA, has a direct or indirect financial interest in the award of the Proposal, or in the services to which this Proposal relates, or any of the profits, real or potential, thereof, except as noted otherwise herein.

Signature _____________________________________________

Company name ________________________________________

Date______________________

TYPE OF COVERAGE LIMITS OF LIABILITY