RFP ELECTRICAL RENOVATION.pdf

Stephen F. Austin State University RFP #ELECTRICAL RENOVATION

PROCUREMENT AND BUSINESS SERVICES

P. O. Box 13030

NACOGDOCHES, TX 75962

REQUEST FOR PROPOSAL

RFP NUMBER

ELECTRICAL RENOVATION

PROPOSAL MUST BE RECEIVED BEFORE:

5:00PM, TUESDAY, AUGUST 27, 2024

HAND DELIVER AND/OR

MAIL PROPOSAL TO: EXPRESS MAIL TO:

Stephen F. Austin State University Stephen F. Austin State University Procurement and Business Services Procurement and Business Services

P. O. Box 13030, SFA Station 2102 Alumni Drive, Austin Bldg., Room 131 Nacogdoches, TX 75962-3030 Nacogdoches, TX 75962

Show RFP Number, Due Date and Time on Return Envelope

NOTE: PROPOSAL must be time stamped at Stephen F. Austin State University Procurement and Business Services before the hour and date specified for receipt of proposal.

REFER INQUIRIES TO:

Kim Jones Stephen F. Austin State University Procurement and Business Services

936.468.6551 Email: joneskk2@sfasu.edu

mailto:joneskk2@sfasu.edu

STEPHEN F. AUSTIN STATE UNIVERSITY

Request for Proposal #ELECTRICAL RENOVATION

TABLE OF CONTENTS

Section 1 – INTRODUCTION

1.1 Scope of Proposal

1.2 SFA Information

1.3 Project Completion

1.4 Schedule of Events

1.5 Open Records

1.6 Historically Underutilized Businesses

1.7 Bonds and Insurance

1.8 Title IX

1.9 Parking on Campus

1.10 Additional Terms and Conditions

Section 2 – STATEMENT OF WORK

2.1 Scope of Work

2.2 Standard Form of Contract

2.3 Uniform General Conditions and Supplementary General Conditions

2.4 Liquidated Damages

2.5 Prevailing Wage Rates

Section 3 – INSTRUCTIONS TO RESPONDENTS

3.1 Mandatory Pre-Proposal Conference

3.2 Contact Information

3.3 Submittal Deadline and Location

3.4 Submittal Instructions

3.5 Acceptance and Formation of Agreement

3.6 Evaluation Criteria

3.7 Proposal Format

EXHIBITS

Exhibit A Execution of Offer Exhibit B Acknowledgment of Addenda Exhibit C Pricing Proposal Exhibit D Non-Collusion Affidavit Exhibit E Historically Underutilized Business (HUB) Subcontracting Plan Exhibit F Engineering and Consulting Documents and Drawings Exhibit G Uniform General Conditions and Supplementary General Conditions Exhibit H Prevailing Wage Rates Exhibit I Link to Campus Map Exhibit J Sample Agreement

SECTION 1

INTRODUCTION

1.1 SCOPE OF PROPOSAL

Stephen F. Austin State University, hereafter referred to as “SFA” or “the University”, is seeking proposals for the installation of underground electrical conduits and conductors as well as other above ground facilities at Stephen F. Austin State University in Nacogdoches, Texas. This initiative aims to enhance campus safety and aesthetics by transitioning from overhead electrical lines to an underground system. Additionally, the project includes the replacement of existing street lights with modern, energy-efficient fixtures in accordance with SFA standards. This is in accordance with Gov’t Code 51.783, and in accordance with the Engineering and Consulting Documents, Uniform General Conditions, Supplemental Conditions and other Exhibits herein and attached.

1.2 SFA INFORMATION

Stephen F. Austin State University, the newest member of The University of Texas System, began a century ago as a teachers’ college in Texas’ oldest town, Nacogdoches. Today, it has grown into a regional institution comprising six colleges — business, education, fine arts, forestry and agriculture, liberal and applied arts, and sciences and mathematics. Accredited by the Southern Association of Colleges and Schools, SFA enrolls approximately 11,000 students while providing the academic breadth of a state university with the personalized attention of a private school. The main campus encompasses 421 acres that include 36 academic facilities, nine residence halls, and 68 acres of recreational trails that wind through its six gardens. The university offers more than 80 bachelor’s degrees, more than 40 master’s degrees and four doctoral degrees covering more than 120 areas of study. Learn more at sfasu.edu

1.3 PROJECT COMPLETION

The University requires that the job be substantially completed by October 3, 2025 and final completion, including clean-up by October 24, 2025. Planned construction start date is on or after September 16, 2024. All work is to be coordinated with Bill Richardson, Assistant Director of Construction, 936.553.8787, William.Richardson@sfasu.edu and/or Kristopher Orheim, Construction Manager, 936.468.4574, Kristopher.Orheim@sfasu.edu .

1.4 SCHEDULE OF EVENTS

*DATE EVENT

July 19, 2024 Issuance of Request for Proposal

August 2, 2024 at 9:30 AM Mandatory Pre-Proposal Meeting

August 8, 2024 by 5:00 PM Deadline for Questions

August 13, 2024 by 5:00 PM Question and Answer Addenda Document Posted

August 27, 2024 by 5:00 PM Requests for Proposals Due

August 28, 2024 at 8:45 AM Requests for Proposals Opened

August 29, 2024 – September 13, 2024 Notification of Award/Contract Fully Executed

September 16, 2024 – October 3, 2025 Work to be performed/Substantial Completion

October 24, 2025 Final Completion *Dates are tentative and subject to change.

mailto:William.Richardson@sfasu.edu mailto:Kristopher.Orheim@sfasu.edu

1.5 OPEN RECORDS

SFA anticipates that the review of the proposals will be completed and awarded in September 2024. Due to the nature of the proposals, the parties understand the information exchanged in the negotiation process is confidential to the fullest extent permitted by law, and neither party will disclose such information to anyone other than representatives of the negotiating parties except as required by Texas law. Final awards and agreements, after all negotiations are completed, may be subject to open records request. Additionally, state law requires each contract for the purchase of goods or services to be posted on the University’s website. By entering into a contract with the University, the firm acknowledges and accepts the University will comply with all applicable laws regarding the public posting of contracts.

1.6 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB)

SEE EXHIBIT E – HUB SUBCONTRACTING PLAN

READ CAREFULLY

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 E.

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 subcontract or collaborate 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 Construction

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

All questions regarding the HUB Subcontracting Plan may be directed to Contracting Specialist II/HUB Coordinator, Lacey Bradshaw, 936.468.4412, Lacey.Bradshaw@sfasu.edu.

Failure to submit the HUB Subcontracting Plan will disqualify the bid from consideration.

1.7 BONDS AND INSURANCE

The cost of all required bonds shall be included in the response.

Bid Bond:

A bid bond or bid security in the form of a Certified or Cashier's check on a State or National Bank in the State of Texas, or a Bid Bond from a Surety Company authorized to transact business in the State of Texas, and made payable to Stephen F. Austin State University in the amount of 5% of the largest proposed amount must accompany each response as a guarantee that, if awarded the Purchase Order, the Contractor will execute the required Performance and Payment Bonds, if required, in such form and with such Sureties as SFA may prescribe or approve.

Proposals submitted without a bid bond or bid security will not be considered.

mailto:Lacey.Bradshaw@sfasu.edu

Performance and Payment Bonds:

Performance bonds are required on contracts exceeding $100,000. Payment bonds are required on contracts exceeding $25,000. Refer to Article 5.1 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 SFASU, not as a penalty but as liquidated damages.

Insurance:

Certificates of Insurance are to be provided as required in Article 5.2 of the Uniform General Conditions and Supplementary General Conditions.

1.8 TITLE IX

Stephen F. Austin State University strictly adheres to Title IX of the Education Amendments of 1972, the federal Campus Sexual Violence Elimination Act; United States Department of Education regulations and directives; and the University’s sexual harassment policy and procedures (“Regulations”). Specifically, the Regulations apply to all students, employees, visitors, and other third parties on Stephen F. Austin State University-controlled property, including institutions and entities with whom Stephen F. Austin State University places its students. Further, such Regulations prohibit unequal treatment on the basis of sex as well as sexual harassment and sexual misconduct. As a condition of employment, enrollment, doing business, or being permitted on the campus, the above-mentioned individuals, organizations, and entities must agree to: 1) Report immediately to the Title IX coordinator any and all claims of sex discrimination or sexual misconduct; 2) Cooperate with Stephen F. Austin State University’s Title IX investigation; and, 3) Cooperate fully with all sanctions that Stephen F. Austin State University may impose against such individual, organization, or entity, who is found to have violated the Regulations. If the individual, organization, or entity fails to adhere to any of the aforementioned requirements, Stephen F. Austin State University reserves the right to take appropriate action, including but not necessarily limited to, immediate removal from campus; discipline of employees and students (including termination of employment and/or expulsion from school); and termination of business or contractual relationships.

1.9 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

1.10 ADDITIONAL TERMS AND CONDITIONS

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

END OF SECTION 1

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

SECTION 2

STATEMENT OF WORK

2.1 SCOPE OF WORK

Scope of Work:

1. Underground Electrical Conduits and Conductors:

o Excavation and installation of underground conduits and conductors for electrical distribution along East College St. and across specified areas of the campus in accordance with the plans and specifications.

o Placement of associated appurtenances such as vaults, junction boxes, and pull boxes as required.

o Compliance with all local and national electrical codes and safety standards.

2. Street and Sidewalk Pavement Repairs:

o Restoration of disturbed street and sidewalk pavements due to trenching and other construction activities in accordance with the plans and specifications.

o Utilization of appropriate materials and techniques to ensure durability and aesthetic continuity with existing surfaces as well as the continuity of existing drainage paths.

o Coordination with SFA Physical Plant and UPD to minimize campus disruptions during construction.

3. Abandonment of Existing Overhead Electrical Lines:

o Removal and disposal of existing overhead electrical lines in accordance with plans and specifications.

o Proper termination and sealing of abandoned lines to prevent safety hazards and ensure compliance with environmental regulations.

4. Replacement of Existing Street Lights:

o Removal of current street light fixtures and installation of new, energy-efficient LED street lights in accordance with the plans and specifications.

o Coordinate with SFA to salvage existing poles, lights, or fixtures as directed.

Project Objectives:

• Enhance campus aesthetics by eliminating overhead wires and enhancing street lighting.

• Improve campus safety by reducing potential hazards associated with overhead electrical lines.

• Ensure long-term operational efficiency and reliability of the electrical distribution system.

Conclusion: The burying of underground electrical conduits, conductors, and associated improvements at SFA represents a significant enhancement to the campus infrastructure. Upon completion, these enhancements will improve campus safety and create a more attractive and efficient campus environment for students, faculty, and visitors alike. in accordance with the Project Manual, Uniform General Conditions, Supplemental Conditions and other Exhibits herein and attached.

Please refer to t Engineering and Consulting Documents and Drawings dated June 21, 2, 2024 for a complete detailed scope of work. See Exhibit F

2.2 STANDARD FORM OF CONTRACT

By submitting a proposal, the Respondent agrees to accept a contract including the specifications, terms and conditions, Uniform General Conditions, Supplementary General Conditions and drawings herein and attached to this Request for Proposal.

After award, the University will issue a General Contractor contract document. The base contract document will be “AIA 101 1997 Standard Form of Agreement between Owner and Contractor where the basis of payment if a stipulated sum”. The contract will be modified by SFA as needed to comply with the Uniform and Supplementary General Conditions and state law.

2.3 UNIFORM GENERAL CONDITIONS AND SUPPLEMENTARY GENERAL CONDITIONS

The attached Uniform General Conditions (UGC) and Supplementary General Conditions (SGC), Exhibit G, are an integral part of this document. The respondent is responsible for reading and being familiar with all of the requirements of the Uniform and Supplementary General Conditions.

Failure to consider all the requirements of the UGC and SGC does not relieve the Contractor from the obligation to fulfill all requirements of the UGC and SGC.

2.4 LIQUIDATED DAMAGES

The liquidated damages are standard in our contract document at $500 per calendar day.

2.5 PREVAILING WAGE RATES

In accordance with Texas Gov’t Code 2258.022, Stephen F. Austin State University completed a determination of wage rates for Nacogdoches County. The attached “Minimum Wage Rate Determination” provides additional documentation about the determination and requirements for compensation. The total hourly compensation to each worker must equal or exceed the minimum wage rates stated in the “2015 SFA Prevailing Wage” attachment, Total Column. See Exhibit F.

The attached “Worker Wage Rate Form” is to be used by the construction manager and all subcontractors engaged in this project. The completed notice must be accepted by all workers involved in the project and delivered to the Physical Plant prior to substantial completion or with pay applications. Separate Worker Wage Rates Forms are to be completed for each worker engaged in multiple classifications. See Exhibit H.

For additional information regarding the applicability of Prevailing Wage Rates, refer to Uniform

General Conditions, Article 2, and Paragraph 2.2.

End of Section 2

SECTION 3

INSTRUCTIONS TO RESPONDENTS

3.1 MANDATORY PRE-PROPOSAL CONFERENCE

A MANDATORY pre-proposal meeting and site visit is scheduled for 9:30 AM Friday, August 2, 2024 in the Physical Plant Training Room 2104 Wilson Drive Nacogdoches, TX 75962 located on the campus of Stephen F. Austin State University A site visit is scheduled following the pre-proposal meeting.

Failure to attend the pre-proposal meeting and site visit will forfeit consideration of the

Respondent’s bid.

3.2 CONTACT INFORMATION

All questions regarding the RFP or response must be forwarded to the Assistant Director - Purchasing

Kim Jones P.O. Box 13030, SFA Station Nacogdoches, TX 75962 Phone: 936.468.6551 Fax: 936.468.4282 Email: joneskk2@sfasu.edu

3.3 SUBMITTAL DEADLINE AND LOCATION

3.3.1 All proposals must be received by SFA no later than 5:00pm, Tuesday, August 27, 2024.

3.3.2. Proposals are to be submitted to:

mailto:joneskk2@sfasu.edu

HAND DELIVER AND/OR

MAIL PROPOSAL TO: EXPRESS MAIL TO:

Stephen F. Austin State University Stephen F. Austin State University Procurement and Business Services Procurement and Business Services

P.O. Box 13030, SFA Station 2102 Alumni Dr, Austin Bldg., Room 131 Nacogdoches, TX 75962-3030 Nacogdoches, TX 75962

EMAIL to:

bids@sfasu.edu (Subject line should read: RFP #ELECTRICAL RENOVATION)

3.3.3 All U.S. Mail addressed to any component of SFA is delivered to a central mailroom and redistributed by SFA personnel to the addressee’s on-campus post office box.

Consequently, there is a possibility of delay between receipt of mail at the central mailroom and receipt in the Procurement and Business Services Department. Proposals must be in the office of the Procurement and Business Services Department by the time set for RFP closing in order to be considered, and receipt by SFA at the central mailroom will not be deemed sufficient. The University shall not be responsible for responses received after the due date and time. Late responses will not be considered under any circumstances. Properly identified late responses will be returned to the Respondent unopened.

3.3.4 Proposals will be publicly opened Wednesday, August 28, 2024 at 8:45 am in the office of the Procurement and Business Services, 2102 Alumni Drive, Austin Building, Room 131.

Only the names of the Respondents will be read aloud.

3.3.5 Proposals received after the time for closing will be returned to Respondent unopened regardless of the circumstance. It is the responsibility of the Respondent to get the proposals delivered in a timely manner, regardless of delivery method or circumstances.

3.3.6 Faxed proposals will not be accepted.

3.3.7 Electronically mailed proposals are acceptable and submission of email responses to bids@sfasu.edu. The University shall not be responsible for responses or portions of responses received late, illegible, incomplete, or otherwise non-responsive due to failure of electronic equipment, technology error, or operator error

3.3.8 Proposals may be withdrawn at any time prior to the time and date set for proposal closing.

3.3.9 Stephen F. Austin State University reserves the right to accept or reject any or all proposals and to waive irregularities or technicalities provided such waiver does not substantially change the offer or provide a competitive advantage to any Respondent in the judgment of Stephen F. Austin State University.

3.4 SUBMITTAL INSTRUCTIONS

3.4.1 All proposals must be submitted in the format prescribed in Section 3.7.

3.4.2 Respondent may email proposal response to bids@sfasu.edu OR may submit one (1) complete electronic copy of the Proposal on electronic media (e.g., USB Drive) in a Microsoft Office (Word, Excel, Project and PowerPoint files) version 2003 or later format, or searchable Adobe .PDF files. All response submittal information must be in electronic form.

mailto:bids@sfasu.edu

3.4.3 All proposals must be complete and convey all of the information requested to be considered responsive. If the proposal fails to conform to the essential requirements of the RFP, SFA alone will determine whether the variance is significant enough to consider the proposal susceptible to being made acceptable and therefore, a candidate for further consideration, or not susceptible to being made acceptable and therefore not considered for award.

3.4.4 Each respondent, by submitting a proposal, represents that the respondent has read and completely understands the request for proposal documents and agrees to abide by the terms of this RFP and any resulting agreement. Failure of the selected contractor to fulfill the provisions of this request for proposal shall in no way relieve the obligation of the Contractor to furnish all services necessary to carry out the provisions of the agreement.

3.4.5 Proposals shall be signed by a legally authorized representative of the Respondent. Unsigned proposals (Exhibit A) will be rejected as a material failure.

3.5 ACCEPTANCE AND FORMATION OF AGREEMENT

3.5.1 No recommendation for award will be made until Stephen F. Austin State University is fully satisfied that the Respondent is professionally competent and properly equipped to render the specified service.

3.5.2 The University reserves the right to negotiate further with any respondent that submits a proposal, once proposals have been opened. SFA may award a contract(s) based on initial proposals received without any discussion of such proposals. Therefore, each proposal should be submitted on the most favorable and complete price and terms possible.

3.5.3 SFA reserves the right to enter into an agreement not based only on the cost to the University, but which, in the sole opinion of SFA, is deemed to represent the best value to SFA. The University shall be the sole judge of determining which proposal represents the best value to the University.

3.5.4 By submitting a response, the Respondent agrees to accept a contract including the Engineer’s Drawings, Uniform General Conditions, Supplementary General Conditions and other specifications herein and attached to this Request for Proposal.

3.5.5 The base contract document will be “AIA 101 1997 Standard Form of Agreement between Owner and Contractor where the basis of payment is a stipulated sum”. The contract will be modified by SFA as needed to comply with the Uniform and Supplementary General Conditions and state law.

3.6 EVALUATION CRITERIA

3.6.1 Award will be based on a comprehensive review and analysis based on weighted value of averaged evaluation scores and negotiation of the proposal that best meets the needs of the University.

Submission of a proposal represents concurrence with this method of evaluation and award.

Furthermore, Respondents will not, under any circumstances, dispute any award made using this method.

3.6.2 An evaluation committee representing Stephen F. Austin State University will perform evaluation of the proposals. Proposals will be evaluated using the following criteria, which are listed below in no particular order. Stephen F. Austin State University reserves the right to award an agreement not based only on lowest cost to the University, but on the criteria that best meet the university's requirements and goals. The university shall be the sole judge of determining which proposal represents the best value to the University.

3.6.3 Evaluation Criteria

A. 50% - Cost

B. 20% - Experience of Firm

C. 20% - Past Performance

D. 10% - Commitment and Ability

3.7 PROPOSAL FORMAT

3.7.2 Proposals shall be prepared in a straightforward and concise manner, identifying clearly and concisely any deviations, enhancements and other differences that exist between the RFP and the respondent’s proposed services. Emphasis should be placed on responsiveness to the RFP requirements, completeness and clarity of content and conformance to the RFP instructions.

Respondents shall organize their proposal in a point-by-point format according to Section

3.7.2. Failure to follow point-by-point presentation could be grounds for disqualification.

3.7.2 Proposal should include the following information and is to be submitted in the following order:

a) Required Submittal – failure to provide any of the following documents will result in disqualification of the proposal from further consideration

i. Exhibit A – Signed Execution of Offer

ii. Exhibit B – Acknowledgement of Addenda, if any

iii. Exhibit C – Pricing Proposal

iv. Exhibit D –Non-Collusion Affidavit

v. Exhibit E—HUB Subcontracting Plan

vi. Bid Bond

b) Other Qualification Submittals

i. Experience

a. State how many years prime company has been in business as a contractor and whether company have operated under other or former names;

b. Describing the contractor’s methodology and approach to electrical renovation projects, particularly regarding organizing and managing projects; and

c. List four (4) higher education projects similar in size, scope and time to that described herein; provide contact name, phone number and brief description of the project; and

ii. Past Performance

a. List four (4) electrical renovation projects (commercial, institutional, or educational) similar in size, scope and time to that described herein;

provide contact name, phone number and brief description of the project; and

b. Identify the personnel that will be assigned to the project and their experience in general construction, including specific examples of projects similar in size, scope and time to that described herein.

iii. Commitment and Ability

a. Provide a statement indicating the company’s commitment to the accurate and timely completion of the project including personnel and resources available to support the project and ensure a successful completion if circumstances require extra effort; and

b. Provide a summary of the company’s safety record for the past 3 years.

Stephen F. Austin State University reserves the right to check references prior to award. Any Negative responses received may be grounds for disqualification of the bid. SFA reserves the Right to enter into an agreement not based only on lowest cost to the University, but which, in the Sole opinion of SFA, is deemed to represent the best value to SFA.

END OF SECTION 3

EXHIBIT A

EXECUTION OF OFFER

In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services and to comply with all terms, conditions and requirements set forth in the RFP documents and contained herein.

By signature hereon, Respondent affirms that he/she 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 Qualifications. Failure to sign the response, or signing it with a false statement, shall void the submitted response or any resulting contracts, and the Respondent may be removed from all bid lists.

By the signature hereon affixed, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership, or institution represented by the Respondent 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 response made to any competitor or any other person engaged in such line of business.

By signature hereon, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Bidder as defined in Rule 34 TAC 20.38.

Certifications:

Texas Family Code Child Support Certification. By signature hereon, Respondent certifies as follows: "Under Section 231.006, Texas Family Code, the Contractor certifies it is not ineligible to receive the payments specified in the Agreement and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate."

Sales Tax Certification. By signing the Agreement, the Respondent certifies as follows: "Under Section 2155.004, Texas Government Code, the Contractor certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate."

Franchise Tax Certification. By signing the Agreement, a corporate or limited liability company, Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171 of the Texas Tax Code, or that the corporation or limited liability company is exempt from the payment of such taxes, or that the corporation or limited liability company is an out-of-state corporation or limited liability company that is not subject to the Texas Franchise Tax, whichever is applicable. Contractor acknowledges and agrees that if this certification is false or inaccurate, at University's option, the Agreement may be terminated and payment withheld.

Payment of Debts to the State of Texas. That pursuant to Section 403.0551, Texas Government Code, the Respondent agrees that any payments owing to the Contractor under this contract may be applied towards any debt or delinquent taxes that the Contractor owes the State of Texas or any agency of the State of Texas, until such debt or delinquent taxes are paid in full.

The person signing the Response should show title or authority to bind his/her firm in contract.

Federal Employer’s Identification Number:

Sole Owner should also enter Social Security No.:

Respondent/Company:

Signature (INK):

Name (Typed/Printed):

Title:

Street:

City/State/Zip:

Telephone No/Fax No:

Email.:

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT'S PROPOSAL.

FAILURE TO SIGN AND RETURN THIS SHEET MAY RESULT IN THE REJECTION OF YOUR RESPONSE.

EXHIBIT B

ACKNOWLEDGEMENT OF ADDENDA

Receipt is hereby acknowledged of the following addenda to this RFP.

Addenda No. Dated

Respondent/Vendor Name:

Authorized Signature: ______

Refer to the SFA Procurement and Business Services Department website to confirm all addenda issued: https://www.sfasu.edu/procurement-business-services/do-business/bids-rfps https://www.sfasu.edu/procurement-business-services/do-business/bids-rfps https://www.sfasu.edu/procurement-business-services/do-business/bids-rfps

EXHIBIT C

PRICING PROPOSAL

Having carefully reviewed the specifications and related documents affecting the proposal to provide contractor services to perform electrical renovations on East College Street for Stephen F. Austin State University, the undersigned submits the following Financial Proposal in accordance with the Request for Proposal documents:

Respondent Name/Vendor Name:

Authorized Signature:

One Lot Price: $___________________________________

EXHIBIT D - 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.

Respondent Name/Vendor Name: _____________________________________________

Signature: ________________________________________

Date: ______________________

EXHIBIT E

HUB SUBCONTRACTING

PLAN

Rev. 2/17

HUB Subcontracting Plan (HSP)

QUICK CHECKLIST

While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to complete, it is very important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency.

If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors.

Section 2 c. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years meets or exceeds the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - No Section 4 - Affirmation GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b.

If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), complete:

Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 - Affirmation

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service, to include under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

HUB Subcontracting Plan (HSP)

In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation).

NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b).

The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.284 are:

• 11.2 percent for heavy construction other than building contracts,

• 21.1 percent for all building construction, including general contractors and operative builders’ contracts,

• 32.9 percent for all special trade construction contracts,

• 23.7 percent for professional services contracts,

• 26.0 percent for all other services contracts, and

• 21.1 percent for commodities contracts.

- - Agency Special Instructions/Additional Requirements - -

SECTION 1: RESPONDENT AND REQUISITION INFORMATION

(mm/dd/yyyy)

- Yes - No a.

b.

c.

In accordance with 34 TAC §20.285(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only the aggregate percentage of the contracts expected to be subcontracted to HUBs with which the respondent does not have a continuous contract* in place for more than five (5) years shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.

Respondent (Company) Name:

Point of Contact:

E-mail Address:

Is your company a State of Texas certified HUB?

Requisition #:

State of Texas VID #:

Phone #:

Fax #:

Bid Open Date:

- Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b of this SECTION and continue to Item c of this SECTION.)

- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)

- No (If No, continue to Item d, of this SECTION.)

- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)

- No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed.)

Non-HUBs

HUBs

Enter your company’s name here: Requisition #:

SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS

After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including contracted staffing, goods and services will be subcontracted. Note: In accordance with 34 TAC §20.282, a “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity.

a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions:

b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).

Item # Subcontracting Opportunity Description Percentage of the contract expected to be subcontracted to

HUBs with which you do not have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to

HUBs with which you have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to non-HUBs.

1 %

6 %

11 %

Aggregate percentages of the contract expected to be subcontracted:

(Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php).

c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs to perform all of the subcontracting opportunities you listed in SECTION 2, Item b.

d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBs with which you do not have a continuous contract* in place with for more than five (5) years, meets or exceeds the HUB goal the contracting agency identified on page 1 in the “Agency Special Instructions/Additional Requirements.”

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

- No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources, including employees, goods and services. (If No, continue to SECTION 3 and SECTION 4.)

SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS (CONTINUATION SHEET)

This page can be used as a continuation sheet to the HSP Form’s page 2, Section 2, Item b. Continue listing the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).

Item # Subcontracting Opportunity Description

HUBs Non-HUBs

16 % % %

Aggregate percentages of the contract expected to be subcontracted:

HSP – SECTION 2

(Continuation Sheet)

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

Percentage of the contract expected to be subcontracted to

HUBs with which you do not have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to

HUBs with which you have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to non-HUBs.

SECTION 3: SELF PERFORMING JUSTIFICATION (If you responded “No” to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4.) If you responded “No” to SECTION 2, Item a, in the space provided below explain how your company will perform the entire contract with its own employees, supplies, materials and/or equipment.

SECTION 4: AFFIRMATION

As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any portion of the requisition:

• The respondent will provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.

• The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/ProgressAssessmentReportForm.xls).

• The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency’s prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all state contracting.

• The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are being performed and must provide documentation regarding staffing and other resources.

Printed Name Title Date

Signature

Reminder:

If you responded “Yes” to SECTION 2, Items c or d, you must complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.

If you responded “No” SECTION 2, Items c and d, you must complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls

HSP Good Faith Effort - Method A (Attachment A)

Enter your company’s name here:

Requisition #:

IMPORTANT: If you responded “Yes” to SECTION 2, Items c or d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/hub-sbcont-plan-gfe-achm-a.pdf

SECTION A-1: SUBCONTRACTING OPPORTUNITY

Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment.

Item Number:

Description:

Company Name Texas certified HUB Approximate

Dollar Amount Expected

Percentage of Contract

- Yes - No $

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

REMINDER: As specified in SECTION 4 of the completed HSP form, if you…