Exhibit F_Respondent's Pricing Form.pdf

Exhibit F

Respondent’s Pricing Proposal and Execution of Offer Form

Template Updated: January 30, 2020 Page 1 of 9

Exhibit F

RFP No.:

Respondent’s Pricing Proposal Form

HHS0016014v2

Project Name: 25-101-ABL, Generator Replacements at Abilene SSLC

To: Health and Human Services Commission (“Owner”)

From: Respondent’s Name:

Mailing Address:

City, State, Zip Code:

Phone:

The Respondent having carefully examined the Texas Uniform General Conditions for Construction

Contracts with HHSC Supplementary General Conditions (“UGCs”), the Drawings and

Specifications, and any addenda thereto, as prepared by the Owner, and the Project Architect/Engineer for this Project, as well as the premises and all the conditions affecting the work, if applicable to this

Project, does hereby propose to furnish all supervision, labor, materials, equipment, tooling, and permits necessary to achieve Substantial Completion of the work in accordance with the “Contract

Documents” (as that term is defined in the UGCs) for the following sum: (All amounts shall be written in number form.)

1. Total Base Proposal Cost:

The Total Base Proposal Cost amount becomes the Respondent’s “Total Cost” if allowances and/or if Additive Alternate Costs are not included and must total from the amounts listed below within this section.

The “Total Base Proposal Cost” amount must be used in the Respondent’s Historically

Underutilized Business Subcontracting Plan (“HSP”), if applicable, to determine subcontractor participation levels for the established HUB procurement goals.

Item A: Remove existing generators and furnish and install new generators and perform all associated work as indicated:

Generator Building(s) Served Generator Removal/Replacement Price

GEN #1 596

GEN #3 633,634, 635, 636

GEN #4 645, 646, 648

GEN #5 650, 651

GEN #6 637, 638, 639, 640

GEN #7 597

GEN #9 652

GEN #11 669, 670, 671, 672, 673, 674,

675, 676

Total Base Proposal Cost: $________________________________

2. Additive Alternate Costs:

The “Additive Alternate Costs” are awarded at the Owner’s discretion and should not be included in the “Total Base Proposal Cost” as referenced in Section 1 above. Negotiation may be a part of the award discussions. Should Additive Alternate Costs be awarded, the awarded Respondent shall be given an opportunity to revise the originally submitted HSP, if applicable, to allow for a Good Faith

Effort outreach to determine subcontractor participation levels for the Additive Alternate Costs and services.

Alternate #1: Generator #10 – Building 659 – Furnish and install new emergency generator as shown on Contract Documents

Alternate #1 Cost: $___________________________________

Alternate #2: Generator #14 – Building 547 and 656 – Furnish and install new emergency generator as shown on Contract Documents

Alternate #2 Cost: $___________________________________

Alternate #3: Generator #15 – Building 641 – Furnish and install new emergency generator as shown on Contract Documents

Alternate #3 Cost: $___________________________________

Alternate #4: Generator #16 – Building 665 – Furnish and install new emergency generator as shown on Contract Documents

Alternate #4 Cost: $___________________________________

Alternate #5: Generator #17– Building 664 – Relocation and Installation of existing

Generator #12 and all associated components as shown on Contract

Documents

Alternate #5 Cost: $___________________________________

3. Construction Milestone Schedule: The undersigned agrees, if awarded the Contract, to achieve

Substantial Completion of the Work as described in the UGCs, the Drawings and Specifications, and any addenda thereto.

3.1 Owner anticipates the Notice to Proceed for construction to be issued within two weeks of the Contract being executed.

3.2 Contractor will mobilize within ten calendar days after receiving the Notice to

Proceed.

3.3 Contractor shall achieve Substantial Completion of the Work no later than 540 days of the commencement date set forth in the Notice to Proceed; however, this is an estimate only. The Contract will specify the number of days from commencement date (as stated in Notice to Proceed) to Substantial Completion.

4. RFP Addenda: The Respondent hereby acknowledges receipt of the following RFP addenda issued by the Owner: (Initial all that are applicable.)

RFP No. 1 RFP No. 2 RFP No. 3 RFP No. 4 RFP No. 5

5. Security Bonds: The Respondent shall include, with its Proposal, a bid security in the form of a cashier’s check, certified check (both described below as a “Check”), or original bid bond (“Bid Bond”) payable to the Health and Human Services Commission, in an amount not less than 5% of the Total

Base Proposal Cost referenced in Section 1 above. A Bid Bond shall be delivered to an Owner’s representative and held by an Owner’s representative until such time as the Bid Bond is terminated by its terms or becomes null and void according to its terms. If the Bid Bond is terminated or becomes null and void, then the Bid Bond will be returned to Respondent upon request. If the conditions of the Bid Bond are not met or satisfied, then Owner reserves the right to make a claim upon the Bid Bond and the security will be forfeited as stated below. If bid security is in the form of a Check, then the Check shall be delivered to, and held by an Owner’s representative and not cashed or deposited (or, if negotiating the Check becomes necessary due to time issues, then the funds shall be held in an appropriate account for Owner and not released) until one of the following occurs: (i) another respondent has signed a Contract and has begun performing on the Project; or (ii) this Respondent has signed the Contract and has begun performing on the Project. If either (i) or (ii) occurs, then the Check, or the funds represented by the Check, will be returned to this Respondent. No other form of security will be accepted. Should the Respondent fail, neglect, or refuse to begin performance of the Contract after receiving the award, the security will be forfeited to the Owner, and in particular, the Check may be cashed or deposited, or the funds represented by the Check may be released to Owner.

6. Payment and Performance Bonds: The Respondent agrees to execute the performance and payment bonds in the amount of 100% of the Contract price within ten calendar days of a fully executed Contract. (Performance Bond and Payment Bond Forms are attached hereto as

Attachment A of Exhibit F)

7. Award of Contract and Commencement of Work: The Respondent agrees to execute the

Contract within ten calendar days after notification that the Respondent has been identified by the Owner as the Respondent with the “best value” Proposal, and to commence work on or before the commencement date stated by the Owner in a Notice to Proceed; unless otherwise approved by Owner, such commencement date shall be no later than ten calendar days after the date of the Notice to Proceed. In addition, the Respondent agrees to execute and deliver to the Owner a Certification of Franchise Tax Payment and further agrees to obtain from each subcontractor and supplier - and hold for redelivery to the Owner if requested - a certification of franchise tax status of each subcontractor or supplier.

8. Owner’s Right: It is understood that the Owner reserves the right to accept or reject any and all Proposals and to waive proposal irregularities.

9. Authority to Sign. The Respondent must complete, sign and return this Respondent’s

Pricing Proposal Form with its Submittal. If the person signing this Respondent’s Pricing

Proposal Form differs from the person signing the Affirmations and Solicitation Acceptance for State Architectural/Engineering and Construction Projects (Exhibit A to this Solicitation to which this pricing proposal is responding), then Respondent and the signatory below represent and warrant that the signatory has authority to sign this Respondent’s Pricing

Proposal Form on behalf of the Respondent.

This Respondent’s Pricing Proposal is Submitted and Certified by:

By:

Print Name:

Title:

Address:

Telephone Number:

Email of Signatory:

*Email of Primary Contact of Respondent:

*If different from signatory.

Date:

Respondent’s Execution of Offer (See additional signature lines at end of this section)

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED

WITH THE RESPONDENT'S PROPOSALS. FAILURE TO COMPLETE, SIGN, AND

RETURN THIS EXECUTION OF OFFER WITH THE PROPOSALS WILL RESULT IN

REJECTION OF THE PROPOSALS.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED PROPOSALS OR ANY

CONTRACTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT

FROM THE SUBMISSION OF RESPONDENT’S PROPOSALS, AND THE RESPONDENT

MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE CERTIFICATION

SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT OWNER’S

OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT OR

PURCHASE ORDER.

1. By signature hereon, Respondent acknowledges and agrees that:

a. this Request for Competitive Sealed Proposals is a solicitation for Proposals and is not a contract or an offer to contract;

b. the submission of Proposals by Respondent in response to this Request for Competitive

Sealed Proposals will not create a contract between the Owner and Respondent;

c. the Owner has made no representation or warranty, written or oral, that one or more contracts with the Owner will be awarded under this Request for Competitive Sealed

Proposals; and

d. Respondent shall bear, as its sole risk and responsibility, any cost which arises from

Respondent's preparation of a response to this Request for Competitive Sealed Proposals.

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

3. By signature hereon, Respondent represents and warrants that:

a. Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the Request for Competitive

Sealed Proposals;

b. Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the Request for Competitive

Sealed Proposals;

c. Respondent has been in business for a minimum of five years, or the principals/owners have a minimum of five years’ recent ownership/executive management experience in a previous company that provided construction services of similar scope and complexity;

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

e. Respondent’s personnel, including subcontractors, who will be assigned to the Project have all licenses and permits required to perform the work described;

f. Respondent understands (i) the requirements and specifications set forth in this Request for

Competitive Sealed Proposals and (ii) the terms and conditions set forth in the Contract under which Respondent will be required to operate;

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

h. All statements, information and representations prepared and submitted in response to this

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

4. By signature hereon, Respondent certifies as follows:

a. Respondent represents and warrants that all articles and services quoted in response to this

Request for Competitive Sealed Proposals meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation.

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

c. By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the

State of Texas, the Owner, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any contract or other contractual arrangements which may result from the submission of

Respondent’s Proposals.

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

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

5. Disclosure of Interested Parties Statute. In its Proposal, the Respondent must agree to comply with Texas Government Code Section 2252.908 (“Disclosure of Interested Parties Statute”) and Texas Administration Code, Title 1, Part 2, Chapter 46, Sections 46.1-46.3 (“Disclosure of

Interested Parties Regulations”) as implemented by the Texas Ethics Commission (“TEC”), including, among other things, providing the TEC and the Owner with the information required by the Disclosure of Interested Parties Statute and the Disclosure of Interested Parties

Regulations on the form promulgated by the TEC. The form will be required to be submitted to

Owner prior to the countersigning of the final contract and not submitted with this RFP.

The Respondent must complete, sign and return this Execution of Offer as part of their Submittal.

If the person signing this Pricing Proposal differs from the person signing the Affirmations

(Exhibit A to this Solicitation to which this Execution of Offer is responding), then Respondent and the signatory below represent and warrant that the signatory has authority to sign this Pricing

Proposal on behalf of the Respondent.

By:

Name:

Title:

Date:

Attachment A

Performance and Payment Bond Forms