SMCISD RFP Mowing Services.pdf

San Marcos Consolidated ISD Purchasing Department

P.O. Box 1087 | San Marcos, Texas 78666 | OFFICE 512.393.6503 | FAX 512.393.6507

REQUEST FOR PROPOSALS

RFP JN-2023-04

MOWING SERVICES

Issue Date: Sunday, March 10, 2024

Deadline for Proposals: 2:00 p.m. on Wednesday, April 3, 2024

GENERAL INFORMATION

San Marcos Consolidated Independent School District (SMCISD) is a political subdivision of the State of Texas and a tax-exempt education organization that serves approximately 8,200 students. The District maintains approximately 351ACRES of grounds. Specifications for the services are contained in the Specifications\Scope of Work for Mowing Services.

SMCISD is requesting proposals from vendors to provide Mowing Services as defined herein.

Interested vendors must submit an original signed proposal in a sealed enveloped labeled “RFP JN-2023-04 Mowing Services.” Sealed proposals must be received no later than 2:00 p.m. on Wednesday, April 3, 2024, at the SMCISD Purchasing Department (631 Mill Street, San Marcos, Texas, 78666). You may hand-deliver your proposal to that address or mail it to:

SMCISD Purchasing Department 631 Mill Street San Marcos, TX 78666

SMCISD will not accept faxed or emailed proposals.

SMCISD will reject as non-responsive any proposal that is not signed by an individual authorized to contractually bind the firm or individual submitting the proposal.

Please note that SMCISD is subject to the Texas Public Information Act. Accordingly, proposals submitted in response to this RFP may be subject to release as public information. If SMCISD receives a Public Information request for your proposal, then SMCISD will comply with the Texas Public Information Act, including by notifying you of the request and of your opportunity to assert to the Texas Attorney General that part or all of your proposal is confidential information.

QUESTIONS, ADDENDUMS, AND ADDITIONAL INFORMATION

Please address any questions pertaining to the proposal procedure to Jose C. Narvaez, Director of Purchasing, at jose.narvaez@smcisd.net. Please address questions pertaining to the proposal specifications to department.purchasing@smcisd.net. Questions related to specifications are due by 2:00 p.m. on Wednesday, March 27, 2024. SMCISD will post answers to submitted questions on www.bidnetdirect.com by 2:00 p.m. on Friday, March 29, 2024. Proposers must not attempt to contact any other SMCISD employee, officer, trustee, or representative regarding this RFP.

A non-mandatory pre-proposal conference will be held on Tuesday, March 26, 2024, at 10:00 a.m. at 631 Mill Street, San Marcos, Texas 78666.

SMCISD may post addendums or other new information related to this RFP on BidNet Direct. Please note that BidNet Direct sends notifications only to paid subscribers. Users with free accounts are responsible for periodically checking the site for new information related to this RFP. Missing an addendum could automatically disqualify you from the procurement process.

SELECTION PROCESS

SMCISD is an equal opportunity employer/program and encourages Historically Underutilized Businesses to respond to this RFP.

All proposals submitted in response to this RFP must be effective for at least ninety (90) days following the deadline for the receipt of proposals.

SMCISD representatives will open all responsive proposals at 631 Mill Street, San Marcos, Texas, 78666 following the deadline for receiving proposals. An evaluations committee will subsequently conduct reference checks, proposal tabulations, and negotiations with selected vendors. The evaluations committee will analyze each response to this RFP to determine overall responsiveness and completeness as defined in Section II: Scope of Work and in the instructions for submitting a proposal. Failure to comply with the instructions or to submit a complete proposal may cause a proposal to be eliminated from further evaluation.

SMCISD reserves the right to:

1. Accept or reject any and all proposals.

2. Request additional information from proposers, including clarification or verification of any aspect of a proposal.

3. Request post-proposal modifications, including best and final offers.

4. Accept the proposal(s) that SMCISD determines to be most favorable to the district.

5. Extend the deadline for submission of proposals.

6. Reissue the RFP.

7. Waive any defect, irregularity, or informality in any proposal or bidding procedure.

8. Vary the provisions set forth herein at any time prior to the execution of a contract.

9. Negotiate the final terms of a non-exclusive contract with one or more of the qualified proposers responding to this RFP; and

10. Require the submission of any price, technical, or other revision to the proposal that results from such negotiations.

mailto:jose.narvaez@smcisd.net http://www.bidnetdirect.com/

SMCISD will use the evaluation criteria specified below to determine which of the responsive proposals provides the best quality for SMCISD at the most economical cost. Recognizing that there are important considerations other than price, SMCISD may not necessarily award to the lowest proposer.

Selection criteria pursuant to Texas Education Code §44.031:

• Price (35 Points)

• The reputation of the proposer and its services (10 Points)

• The quality of the proposer’s services as judged from the Scope of Work statement and questionnaire (10

Points)

• The extent to which the services meet SMCISD’s needs (15 Points)

• The proposer’s past relationship with SMCISD (15 Points)

• Whether the proposer’s principal place of business is in Texas or employs at least 500 persons in Texas

(15 Points)

SECTION I:

RESPONSE REQUIREMENTS

1. Certification by Proposer. Complete the certification document included in this RFP and include it as the cover page on your proposal.

2. Profile of the Proposer

a. Organization Chart. Provide an organization chart (or functional equivalent) showing the persons in your organization who would provide service to SMCISD, including each person’s experience, qualifications, and the percentage of their time that would be dedicated to SMCISD.

b. Experience with SMCISD. Provide a list of previous work, if any, that your organization has performed for SMCISD.

3. Scope Section. Provide a written statement describing the scope of services to be provided by your organization to SMCISD based upon the information in Section II:

Specifications\Scope of Work.

4. Questionnaire Response. Provide your responses to the questionnaire included in this RFP.

5. Pricing and Invoicing

a. Provide your pricing information based on the requirements listed in Section II:

Specifications\Scope of Work, including any alternate pricing proposals. Include documentation identifying any fees associated with your proposal. Complete Section

IV.

b. Describe your invoicing procedures.

6. Addenda. Attach completed copies of each of these forms to your proposal.

a. W-9 (available at https://www.irs.gov/pub/irs-pdf/fw9.pdf)

b. Form CIQ: Conflict of Interest Questionnaire (available at:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf)

c. Felony Conviction Notice (included in this RFP)

d. Non-Collusion Statement (included in this RFP)

e. Insurance certificates showing the minimum coverage amounts stated in Section III of this document.

f. Proposal Certification.

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

SECTION II:

SCOPE OF WORK

A. WORK INCLUDED: The contractor shall provide all labor, materials and equipment required for the complete and satisfactory performance of services as specified. This work shall include, but not be limited to, rough cut and lawn mowing, trimming, and athletic field maintenance of all SMCISD owned or leased property. Work to be performed on an annual cost basis, hourly basis and unit price basis as indicated.

B. QUALITY OF WORKMANSHIP: All work shall be quality work performed according to the standards of the industry, and to the complete satisfaction of SMCISD.

C. PERSONNEL QUALIFICATIONS: Personnel used for the performance of this work shall be properly trained and qualified for work of this type. SMCISD reserves the right to refuse to accept services from any personnel deemed by SMCISD to be unqualified, disorderly, or otherwise unable to perform assigned work.

D. MOWING SPECIFICATIONS:

1. Debris: prior to each mowing, the successful bidder will remove all debris including, but not limited to, all paper, cans, bottles, bottle caps, sticks, etc. that would create a mess or danger when struck with maintenance equipment.

2. Clean up: sidewalks and paved areas must be swept or blown clean upon completion of maintenance operations. All debris and waste material, such as cut brush and tree trimmings but excluding cut grass, unless the cut grass is long and unsightly as determined by the SMCISD, will be cleaned up and removed from the site, unless provisions have been granted by the District to utilize on-site trash receptacles.

3. Quality of Service: to ensure a quality cut and maintain a professional appearance, all mower blades will be maintained sharp. Ripping and tearing of the grass is not acceptable. All mowing will be done so as to prevent any damage to existing lawns. If any damage occurs to the existing lawn, the Contractor will repair the damage, at their own expense, so that restoration is as close as possible to the original condition.

4. Rough Cut Mowing shall be performed with a brush hog, flail, sickle bar or other appropriate mowing equipment to maintain open mowed areas in a neat condition at a maximum height of six inches, plus or minus two inches. An eight-foot strip is to be maintained at a maximum height of three inches around the perimeter of all rough-cut areas next to parking lots, student paths and streets.

5. Rough Path/Road Mowing shall be performed with a sickle bar or other appropriate mowing equipment to maintain the sloped areas adjacent to roadways in a neat condition at a maximum height of three inches, plus or minus two inches.

6. Rough Trimming shall be performed with a string trimmer or other appropriate trimming equipment to maintain fences or other borders in a neat condition to match the adjacent mowed area.

7. Lawn Mowing shall be performed with a rotary mower, reel mower, or other appropriate mowing equipment to maintain lawn areas in a neat and manicured condition at a maximum height of three inches.

8. Lawn Trimming: shall be performed with a string trimmer or other trimming or edging equipment to maintain fences or other borders in a neat and manicured condition to match the adjacent mowed lawn area at a maximum height of three inches. Sidewalks must be edged.

9. Locations Serviced San Marcos High School – 2601 Rattler Rd DeZavala Elementary – 150 E DeZavala Drive Travis Elementary - 1437 Post Rd.

Crockett Elementary - 1300 Girard Street Lamar Alternative Campus – 121 E DeZavala Drive Bowie Elementary – 4020 Monterrey Oaks Maria Hernandez Elementary - 333 Stagecoach Trail Support Services – 201 South Suttles Doris Miller Junior High - 301 Foxtail Run Goodnight Middle School -1301 Hwy 123 Child Development Center - 540 Staples Rd Rodriguez Elementary – 1481 Esplande Parkway

Mendez Elementary – 1805 Peter Garza Drive Bonham Pre K – 1225 Hwy 123 Transportation Annex – 1301Hwy 123

New Central Office – 1301 Hwy 123 (to begin at time of Occupancy)

10. Precautions will be taken to avoid damage to existing structures. Any damage to any SMCISD facilities caused by the successful bidder will be repaired by the successful bidder without charge to the District. This includes mowing when the ground is wet and causing ruts or tearing up of the ground and grass.

11. Safety: it is the Contractor’s responsibility to ensure that all employees, subcontractors and suppliers are trained in proper safety procedures for the type of work to be performed on the Project. The contractor will direct his employees, subcontractors and suppliers to notify the owner immediately if they observe any unsafe work practices or conditions. Contractor shall provide his employees with state-of-the-art safety equipment necessary to the work in a safe manner. Contractor shall strictly adhere to all applicable statues, laws, regulations, ordinances and guidelines, including, without limitation, those promulgated by EPA, State, City Authorities. No Mowing will be done on campuses where children are on the playgrounds or outdoors. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to:

a. Persons and students

b. Employees

c. Other property at the site or adjacent thereto, such as windows, structures, utilities and vehicles.

The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property for their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor.

12. Responsibility: the successful bidder will not hold the SMCISD responsible, or make any claim for equipment damaged by rocks or other debris at the work sites. The bidder will be responsible to insure that the site is free from such debris prior to performing services at the site.

13. Invoicing: the successful bidder will turn in on a monthly basis, to the SMCISD, a checklist of all locations that have been mowed for that month, number of times mowed and any other information. The SMCISD Maintenance Director will approve payment.

E. WEED CONTROL AND TRIMMING

1. Weeding: Shrub beds and sand boxes will be weeded as needed to maintain a clean campus appearance. Contractor will mulch with minimum of two inches of composted bark mulch twice a year. Weed control must be maintained on all SMCISD mowed grounds, paved Parking areas, sidewalks and tennis courts. A grassy weed herbicide will be applied twice a year that will kill 90% of turf weeds. Weed Control-All playing fields need to be treated with a grassy weed herbicide to control weeds. Pre-emergence needs to be applied in November and February, or as prescribed by the contractor. The scheduled application of herbicide to control both summer and winter weeds need to be agreed upon by the Maintenance Director and successful vendor. The contractor should also be able to provide the means to cure any turf grass disease that may occur.

2. Trimming: Hedges, trees and shrubs are to be trimmed as needed to maintain a neat, manicured appearance, not to be construed as “formal”, pruning should be plant and site specific. SMCISD will be the final authority on appearance requirements. Tree trimming shall be maintained from ground level to 8 feet up so that the walk ways are not obstructed by low hanging branches and a neat appearance is maintained.

F. ATHLETIC FIELD SPECIFICATIONS-This includes the following athletic fields in the

SMCISD

Following Fields only require Weed Control

High School Football Field High School Boys Baseball Field High School Girls Softball Field High School Practice Field Goodnight Jr. High Football Field Doris Miller Jr. High Football Field

Following Fields will require Mowing and Weed Control Services

Girls Softball Field at Broadway and Hwy 123 Boys Baseball Field off Staples Road

SECTION III:

CONTRACTUAL REQUIREMENTS

SMCISD is under no obligation to execute a contract resulting from this RFP. The materials provided herein are provided only as a means of identifying and considering various contractor alternatives and the costs of services.

If SMCISD executes a contract resulting from this RFP, then the initial term shall be one (1) year with the option to renew for up to four (4) additional one year terms, and subject to the continued appropriation of funding by SMCISD’s Board of Trustees.

A proposal submitted to SMCISD in response to this RFP is an offer to contract with SMCISD based on the terms, conditions, and specifications contained in this document. Proposer agrees that any contract resulting from this RFP shall include, in addition to terms defining the scope of work and pricing, the following requirements:

1. Contractor shall file a Form 1295 Certificate of Interested Parties electronically with the Texas Ethics Commission at the time the contractor submits the signed contract.

2. Contractor shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations, including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations, the Contract Work Hours and Safety Act (40 U.S.C. § 3701-3708; 29 C.F.R. Part 5), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200), the Education Department General Administrative Regulations, 2 C.F.R. Parts 200 and 3474, and 34 C.F.R. Parts 75-77 and 81 (“EDGAR”). For the entire duration of the Agreement, Contractor shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform this Agreement. When required or requested by SMCISD, Contractor shall furnish SMCISD with satisfactory proof of Contractor’s compliance with this provision.

3. When federal funds are expended by SMCISD pursuant to the Agreement, Contractor certifies that it will comply with the record retention requirements detailed in 2 CFR §

200.334. Contractor further certifies that it will retain all records as required by 2 CFR §

200.334 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

4. Contractor acknowledges that SMCISD is a tax-exempt independent school district and political subdivision of the State of Texas.

5. Contractor and all subcontractor(s) of Contractor shall pay all federal, state, and local taxes applicable to their operation and any persons employed by Contractor and all subcontractors of Contractor. Contractor shall require all subcontractors to hold SMCISD harmless from any responsibility for taxes, damages, and interest. If applicable, contributions required under federal, state, and/or local laws and regulations and any other costs including, but not limited to, transaction privilege taxes, unemployment compensation insurance, Social Security, and Worker’s Compensation, shall be the sole responsibility of Contractor.

6. Contractor will be required to maintain insurance coverage in at least the below stated amounts throughout the duration of the contract. Contractor shall provide to SMCISD certificates verifying the coverage and naming SMCISD as an additional insured.

a. Commercial General Liability Insurance. $1,000,000 per occurrence and $2,000,000 aggregate.

b. Worker’s Compensation and Employer’s Liability Insurance: $1,000,000.

c. Commercial Automobile Liability Insurance: $1,000,000.

7. Contractor may not assign the agreement or any of its rights, duties, or obligations without prior written approval of SMCISD.

8. The contract will be governed by the laws of the State of Texas, without regard to its provisions on conflicts of laws, and exclusive jurisdiction for any dispute under the contract shall be in Hays County, Texas.

9. CONTRACTOR SHALL INDEMNIFY AND HOLD SMCISD HARMLESS FROM

ALL CLAIMS, LIABILITIES, COSTS, SUITS OF LAW OR IN EQUITY,

EXPENSES, ATTORNEYS’ FEES, FINES, PENALTIES OR DAMAGES ARISING

FROM THE ACTS OR OMISSIONS OF CONTRACTOR, CONTRACTOR’S

EMPLOYEES, AGENTS, OR SUBCONTRACTORS, IN CONNECTION WITH THE

AGREEMENT, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM

CLAIMED INFRINGEMENT OF ANY PATENTS, TRADEMARKS, COPYRIGHT

OR OTHER CORRESPONDING RIGHT(S) WHICH IS RELATED TO ANY ITEM

CONTRACTOR IS REQUIRED TO DELIVER.

10. Contractor shall submit invoices to SMCISD in a timely manner during the fiscal year in which Contractor provided services. Payments of undisputed amounts will be due to Contractor within thirty (30) days after the date SMCISD receives the invoice. SMCISD will pay interest and/or late fees only to the extent allowed under the Texas Prompt Payment Act.

11. Notwithstanding any other provision of the Agreement or obligation imposed on SMCISD by the Agreement, SMCISD shall have the right to terminate the Agreement without fault or liability to Contractor resulting from such termination, effective as of the expiration of each budget period of SMCISD if it is determined by SMCISD, in its sole discretion, that there are insufficient funds to extend the Agreement. The parties agree that the Agreement will be a commitment of SMCISD’s current revenue only.

12. SMCISD shall have the right to terminate the Agreement for any reason upon ninety (90) days written notice to Contractor.

13. If either SMCISD or Contractor (individually, a “Party”) is delayed at any time in the performance of its obligations hereunder by pandemic, economic industry-wide strikes, fire, unusual delay in deliveries, unavoidable casualties, or other causes reasonably beyond such Party’s control and which could not have been reasonably anticipated by such Party, then the time for performance of such Party shall be extended by one (1) day for each day of such delay.

SECTION III PRICING SHEET IS IN THE DOCUMENTS TAB IN EXCEL FORMAT.

PLEASE DOWNLOAD AND FILL IN YOUR PROPOSALS PRICING

CERTIFICATION BY PROPOSER

Official Name of Proposer

DBA, if applicable

Texas Taxpayer Number

Mailing Address

Phone Number

Fax Number

Website

Email Address

I hereby certify that:

1. The information contained in this proposal is true and correct.

2. I am an authorized representative of the proposer.

3. This proposal is valid for at least ninety (90) days following the closing date of the

Request for Proposals.

4. This proposal has been independently arrived at without collusion with any other proposer.

5. The proposer has not knowingly disclosed and will not knowingly disclose the contents of this proposal to any other party prior to the opening of proposals.

6. The proposer has not attempted and will not attempt to induce any other person or business entity to submit or not submit a proposal in response to this RFP.

Vendor Authorized Representative (Print Name)

Vendor Authorized Representative (Signature)

___________________________________________ Date _____________________ Title

QUESTIONNAIRE

1. Number of years in business: _______

2. Number of employees: _______

3. Location of the principal place of business: ________

4. Has the proposer had litigation or claims filed against it within the past three (3) years? If yes, please provide details.

5. Is the proposer currently for sale or involved in any potential transaction to expand or be acquired by another business entity? If yes, please provide details.

6. Does any relationship exist whether by relative, business associate, capital funding agreement or any other such kinship exist between your company and any SMCISD employee, official, or trustee? If yes, please provide details.

7. Is the proposer currently certified as a Historically Underutilized Business (HUB) by the Texas Building and Procurement Commission, or certified as a woman, minority or small business under any U.S. Government agency? If yes, please attach a copy of the HUB certification or other proof of such certification.

8. Describe the proposer’s experience providing services to public schools, including the type of services provided, duration of services and customer experience during these services

9. Describe the proposer’s approach to quality control, record keeping, and regulatory compliance.

10. Describe training provided to the proposer’s employees and/or contractors.

11. Describe your screening procedures (background checks, etc.) on potential employees and contractors.

FELONY CONVICTION NOTICE

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

The notice must include a general description of the conduct resulting in the conviction of a felony.

Subsection (b) states, “a school District may terminate a contract with a person or business entity if the District determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction.” The District must compensate the person or business entity for services performed before the termination of the contact.

_____ The business entity submitting this proposal is not owned or operated by anyone who has been convicted of a felony.

_____ The business entity submitting this proposal is owned or operated by the following individual(s) who has/have been convicted of a felony. I have attached a statement including the name of the felon(s) and the details of the conviction(s).

_____ The business entity submitting this proposal is a publicly owned, stock-exchange Corporation;

therefore, this reporting requirement is not required.

I, the undersigned agent for the business entity named below, certify that the information concerning notification of felony conviction has been reviewed by me and the following information furnished is true to the best of my knowledge.

Business Entity Name ____________________________________

Authorized Agent (Signature) ____________________________________

Authorized Agent (Printed Name) ____________________________________

Authorized Agent (Title) ____________________________________

Date ____________________________________

NON-COLLUSION STATEMENT

STATE OF TEXAS §

COUNTY OF HAYS §

BEFORE ME, the undersigned authority, on this day personally appeared ____________________, known to me to be the person whose name is subscribed to the following, who, upon oath, says:

I am the manager, secretary or other agent or officer of the principal of the Bidder or Proposer ("Bidder") in the matter of the bids or proposals to which this affidavit is attached, and I have full knowledge of the relations of the Bidder with the other firms in this same line of business, and the Bidder is not a member of any trust, pool, or combination to control the price of supplies, materials and/or services bid on, or to influence any person to propose or not to bid thereon.

I further affirm that 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/proposal.

Affiant ____________________________________

Printed Name ____________________________________

Title ____________________________________

Company ____________________________________

GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ____ day of _____________, 2023.

Notary Public, State of Texas

PROPOSAL CERTIFICATION

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE.

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

THE RESPONDENT’S PROPOSAL. FAILURE TO COMPLETE, SIGN AND RETURN THIS

EXECUTION OF OFFER WITH THE PROPOSAL MAY RESULT IN REJECTION OF THE

SUBMISSION.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED PROPOSAL OR ANY

AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT

FROM THE SUBMISSION OF RESPONDENT’S PROPOSAL, AND THE PROPOSER MAY BE

REMOVED FROM ALL PROPOSER LISTS. A FALSE CERTIFICATION SHALL BE DEEMED

A MATERIAL BREACH OF CONTRACT AND, AT SMCISD'S OPTION, MAY RESULT IN

TERMINATION OF ANY RESULTING CONTRACT.

BY SIGNATURE HEREON:

1. Proposer (also referred to as “Respondent” acknowledges and agrees that (1) this RFP is a solicitation and is not a contract or an offer to contract; (2) the submission by Proposer in response to this RFP will not create a contract between the SMCISD and Respondent; (3) the SMCISD has made no representation or warranty, written or oral, that one or more contracts with the SMCISD will be awarded under this RFP; and (4) Proposer shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this RFP.

2. Proposer agrees to furnish to the SMCISD the services described in its proposal, and to comply with all terms, conditions and requirements set forth in the RFP and documents contained herein.

3. Proposer affirms that Proposer has not given, and does not intend 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.

4. A corporate Proposer certifies that it is not currently delinquent in the payment of any

Franchise Taxes due under Chapter 171, Texas Tax Code, or that the corporate Proposer is exempt from the payment of such taxes, or that the corporate Proposer is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable.

5. Proposer certifies that neither the Proposer nor the firm, corporation, partnership or SMCISD represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in Section 15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the Qualifications made to any competitor or any other person engaged in such line of business.

6. Proposer represents and warrants that:

a. Proposer is a reputable company regularly engaged in providing contractor services necessary to meet the terms, conditions and requirements of the RFP.

b. Proposer has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFP.

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

d. Proposer understands (i) the requirements and specifications set forth in this RFP and (ii) the terms and conditions set forth in the Agreement under which Proposer will be required to operate.

e. Respondent, if selected by the SMCISD, will maintain insurance and bonds as required by the construction agreement.

f. All statements, information and representations prepared and submitted in response to this RFP are current, complete, true and accurate. Proposer acknowledges that the SMCISD will rely on such statements, information and representations in selecting the successful Respondent. If selected by the SMCISD as the successful Respondent, Proposer will notify the SMCISD immediately of any material change in any matters with regard to which Proposer has made a statement or representation or provided information.

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

h. Under Section 2155.004, Texas Government Code, the vendor or applicant 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.

7. Proposer certifies that the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements which may result from the submission of Respondent’s submission.

8. Proposer certifies that if a Texas address is shown as the address of the Respondent, Proposer qualifies as a Texas Resident Proposer as defined in Rule 1 Tex. Admin. Code 111.2.

9. Proposer certifies that no relationship, whether as relative, business associate, by capital funding agreement or any other similar relationship exists between Proposer and a trustee or administrator of the SMCISD, and Proposer has not been an employee of the SMCISD within the immediate twelve (12) months prior to your RFP response. All such disclosures will be subject to administrative review and approval prior to the SMCISD entering into any contract with Respondent.

10. Proposer affirms that no compensation has been received for participation in the preparation of the specifications for this RFP. (ref. Section 2155.004 Texas Government Code).

11. Proposer represents and warrants that Proposer will comply with 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.

12. Proposer certifies that Proposer will comply with all applicable federal laws and regulations pertaining to Equal Employment Opportunities.

13. Proposer certifies it’s understanding that, should Proposer be selected for the Project: “The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Offeror or vendor agrees that the contract can be terminated if the Offeror or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.”

Specifically: The requirements of Subchapter J, Chapter 552, Government Code, may apply to this procurement and resulting contract and the Offeror agrees that any resulting contract can be terminated if the Offeror knowingly or intentionally fails to comply with a requirement of that subchapter. Therefore, if the value of the Project is One Million Dollars ($1,000,000.00) or more, the Offeror agrees to : (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the SMCISD for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the SMCISD; and (3) on completion of the contract, either: (a) provide at no cost to the SMCISD all contracting information related to the contract that is in the custody or possession of the entity; or (b) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the SMCISD.

14. Proposer certifies its understanding that, pursuant to Texas Government Code Chapter 2271, as amended, if the resulting contract is valued at $100,000 or more and if the Offeror has at least ten (10) full time employees, then the Offeror, by its execution of any resulting agreement with SMCISD, represents and warrants to the SMCISD that the Offeror does not boycott Israel and will not boycott Israel during the term of any resulting agreement. This section does not apply to a sole proprietorship.

15. By signing, the Proposer certifies as follows: Under Section 231.006 of the Texas Family Code, the Offeror certifies that the individual or business entity named is not ineligible to receive the specified payments and acknowledges that any resulting agreement may be terminated and payment withheld in this certification is inaccurate.

16. Proposer verifies and affirms that it is not a foreign terrorist organization as identified on the list prepared and maintained by the Texas Comptroller of Public Accounts. If Offeror has misrepresented its inclusion on the Comptroller’s list such omission or misrepresentation will void any contract with SMCISD.

17. Pursuant to Texas Government Code Chapters 2274 and 809, if the contract is valued at

$100,000 or more and if Offeror has at least ten (10) full-time employees, then Offeror represents and warrants to the SMCISD that the Offeror does not boycott energy companies and will not boycott energy companies during the term of the contract. This provision does not apply to sole proprietorships.

18. Pursuant to Texas Government Code Chapter 2274, if the contract is valued at $100,000 or more and if Offeror has at least ten (10) full-time employees, then Offeror represents and warrants to the SMCISD that the Offeror does not discriminate against firearm entities or firearm trade associations and will not discriminate against firearm entities or firearm trade associations during the term of the contract. This provision does not apply to sole proprietorships.

19. In compliance with Chapter 2252 of the Texas Government Code, Offeror certifies that it does not engage in business with Iran, Sudan, or any foreign terrorist organization. Offeror also certifies that for the length of any resulting contract with SMCISD, Offeror will not engage in any business with Iran, Sudan, or any foreign terrorist organization.

20. By submitting a response to this RFP, Proposer agrees to waive any and all claims it has or may have against the school district and its trustees, employees and officers, including, but not limited to, those arising out of or in connection with the administration, evaluation, or recommendation of any response or proposal; waiver of any requirements under this RFP, or the Contract Documents; acceptance or rejection of any response or proposal; and award of a contract.

21. By submitting a proposal, it is agreed that such proposal shall be valid and not withdrawn for a period of ninety (90) days from the date of opening.

22. Proposer understands and agrees that issuance of this RFP does not commit the District to award a contract or pay any costs incurred in the preparation of a response to this request.

23. The District reserves the right to waive any formality and to reject any or all proposals.

The Proposer must complete, sign and return this Execution of Offer as part of their Proposal.

Failure to sign and return this form will subject the Proposal to rejection by the SMCISD.

Respondent’s Name:

Respondent’s State of Texas Tax Account No.:

(This 11 digit number is mandatory)

If a Corporation:

Respondent’s State of Incorporation:

Respondent’s Charter No:

Identify each person who owns at least 25% of the Respondent’s business entity by name:

(Name)

(Name)

Submitted and Certified By:

(Respondent’s Name) (Title)

(Street Address) (Telephone Number)

(City, State, Zip Code) (Fax Number)

(AUTHORIZED

SIGNATURE)(DATE)

(Authorized Signature)(Date)