"Samples of Field Trip Proposal - DOC"
Sam Houston State University PROCUREMENT and BUSINESS SERVICES 1901 Avenue I, CHSS Building, Suite 452 Huntsville, Texas 77340 936-294-1941 PH 936-294-1997 FAX Request for Proposal: Baseball and Softball Complex Field Maintenance 753-010-00100DJF Mail Proposals To: Deliver Proposals To: SAM HOUSTON STATE UNIVERSITY SAM HOUSTON STATE UNIVERSITY PROCUREMENT and BUSINESS SERVICES PROCUREMENT and BUSINESS SERVICES BOX 2028 1901 AVENUE I, Suite 452 (CHSS BLDG.) HUNTSVILLE, TX 77341-2028 HUNTSVILLE, TX 77340 ALL PROPOSALS MUST BE RECEIVED BY: Sept. 16, 2009, at 3:00 P.M., Central Time(C.T.) FAXED PROPOSALS WILL NOT BE ACCEPTED Show Reference Number 753-010-00100DJF Opening Date and Time on Return Envelope Note: A Proposal must be received and time stamped at Sam Houston State University by the hour and date specified for a proposal to be accepted for consideration. After receipt, only the names of Proposers will be made public. Prices and other proposal details will only be divulged after the contract award, if one is made. Agency Invoice Address: Refer Inquiries To: Sam Houston State University Procurement and Business Services Accounts Payable Daniel Fry Box 2185 Telephone No. 936-294-1941 Huntsville, TX 77341-2185 Fax No. 936-294-1997 All proposals shall become the property of the State of Texas upon receipt. Any proposal received without a completed and signed Execution of Offer will be rejected by University. Page 1 TABLE OF CONTENTS Section - Title Page 1. TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. NOTICE TO PROPOSERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.1 Proposal Instructions 2.2 Inquiries and Interpretations 2.3 Public Information 2.4 Selection Process 2.5 Criteria for Award 2.6 Proposer‟s Acceptance of Evaluation Methodology 2.7 Solicitation for Proposal and Proposal Preparation Costs 2.8 Key Events Schedule 2.9 Term of Contract 2.10 Site Pre-Proposal Conference 2.11 Termination/Cancellation 3. PROPOSAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.1 General Instructions 3.2 Preparation and Submittal Instructions 4. GENERAL TERMS AND CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. EXECUTION OF OFFER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6.1 General 6.2 Specifications and Scope of Work 7. PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Page 2 SECTION 2. NOTICE TO PROPOSERS PROPOSERS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED. FAILURE TO SUBMIT A COMPLETE RESPONSE MAY RESULT IN DISQUALIFICATION OF PROPOSER’S PROPOSAL. 2.1 Proposal Instructions A. To respond to this RFP companies are asked to prepare one (1) original and five (5) copies of the entire and completed proposal, the original must be signed by an officer of the company who is authorized to bind the company by contract. Proposals are to be submitted in a sealed envelope/box clearly marked, Baseball and Softball Field Maintenance - RFP# 753-010-00100DJF and addressed to: U.S. POSTAL SERVICE: HAND DELIVER AND/OR EXPRESS MAIL TO: Sam Houston State University Sam Houston State University Procurement and Business Services Procurement and Business Services Box 2028 1901 Avenue I, CHSS Bldg., Rm. 452 Huntsville, TX 77341-2028 Huntsville, TX 77340 The proposer, (not the carrier/mail service/other or University), is solely responsible for ensuring the proposal is received prior to the proposal opening date and time in the Procurement and Business Services Department as specified on the RFP form. Persons signing the proposal must have the authority to bind the firm in a contract. Late offers will be returned to Respondent unopened. Faxed proposals are not acceptable. B. Proposals must be submitted and received no later than Sept.16, 2009 @ 3:00 p.m. Central Time(C.T.). Changes to proposals will not be accepted after the above stated proposal submission deadline; however, companies may withdraw or change their proposal at any time prior to the proposal submission deadline. C. Any questions regarding this RFP must be submitted in writing and received by Dan Fry, no later than Sept.8, 2009 at 10:00 am C.T., submitted to: Sam Houston State University Procurement and Business Services Attn: Daniel Fry Fax: 936/294-1997 Email: firstname.lastname@example.org Sam Houston State University specifically requests that Respondents restrict all questions regarding this RFP to the above named individual. 2.2 Inquiries and Interpretations If it becomes necessary to revise any part of this RFP, notice of the revision will be given in the form of an addendum and will be posted on the Texas Electronic State Business Daily http://esbd.cpa.state.tx.us and the Walker County Alliance web page www.shsu.edu/wca. All addenda shall become a part of this RFP and shall become part of the contract. It is the responsibility of the proposer to monitor these websites for addendums or other written responses. Page 3 2.3 Public Information The University considers all information, documentation and other materials submitted in response to this RFP to be of a non-confidential and non-proprietary nature and shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001) after the award. Proposer is hereby notified that the University strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information. 2.4 Selection Process The University will be the sole judge of the appropriateness and completeness of any and all submitted proposals. The University reserves the right to reject any or all proposals and in particular any proposal not containing the complete data or information requested. After the proposals are evaluated, the University reserves the right to further negotiate with the company receiving the highest evaluation score, based on the criteria set forth. The University will review all proposals from companies that meet the requirements and have properly followed all instructions, completed and manually signed the Execution of Offer. 2.5 Criteria for Award The successful Proposer, if any, selected by the University, in accordance with the requirements and specifications set forth in this RFP, will be the Proposer that submits a proposal in response to this RFP on or before the Submittal Deadline that is the most advantageous and the “Best Value” to the University. SHSU will be the sole judge as to the most advantageous/best value proposal(s) submitted to the University. Total Cost of the first 11 months for both fields will be used in the evaluation. The Execution of Offer page has a designated spot to put the Total Cost of this project. Rates shall be firm throughout the term of the contract and the optional renewal period. Award, if any, will be made to one vendor. The factors to be considered by the University in evaluating proposals and selecting the successful Proposer for this award, will be those factors listed and categorized below with their relative weights. Review of Proposals The university will review all proposals from eligible companies that have properly followed all instructions, completed and manually signed the Execution of Offer. Proposals will be evaluated by a committee on the basis of the criteria in this document. Relative weights of each criterion will be as listed below. All of the criteria designated in this solicitation will be considered in the award determination. Criteria of award is as follows: TOTAL COST - 30% Total cost for the first year (11 months) for both fields is to include any and all fees, charges, and costs. How well the Proposer followed the RFP Preparation and Submittal Instructions . SPECIFICATION REQUIREMENTS & SCOPE OF WORK - 30% Submitted proposal meets or exceeds minimum requirements and the Scope of Work. How well the proposer complied with General Terms and Conditions. CERTIFICATIONS & QUALIFICATIONS - 20% Provide with your proposal; copies of certificates, credentials, awards, insurance and licenses you have indicated in your proposal, related to this type of work. Provide with your proposal; qualifications and resume on personnel that will be in charge of this project, to include education, experience, and previous employment. Proposer should have at least a minimum of three years experience in maintaining college or high level high school athletic competition fields (baseball, softball, soccer, football) that require over seeding, use of reel mowers, topdressing, chemical usage and fertilization. COMPANY PERFORMANCE – 20% SHSU may make such investigations as SHSU deems necessary to determine the ability of the proposer to perform the work, and the proposer shall furnish SHSU all such information and data for this purpose as SHSU may request. Proposer will provide contact information for a minimum of three references of above listed work, complete with name, address, phone number, location, and type of field that is being or has been serviced. Page 4 2.6 Proposer’s Acceptance of Evaluation Methodology By submitting a proposal, Proposer acknowledges (1) Proposer's acceptance of [a] the proposal selection process, [b] the Criteria for Award, [c] the scope of services and conditions under which the Services are to be performed, [d] the terms and conditions of the Agreement, and [e] all other requirements and specifications set forth in this RFP; and (2) Proposer's recognition that some subjective judgments must be made by University during this RFP process. 2.7 Solicitation for Proposal and Proposal Preparation Costs Proposer understands and agrees that (1) this RFP is a solicitation for proposals and University has made no representation, written or oral, that one or more agreements with University will be awarded under this RFP; (2) University issues this RFP predicated on its anticipated requirements for services, and University has made no representation, written or oral, that any particular scope of services will actually be required by University; and (3) Proposer shall bear, as its sole risk and responsibility, any cost that arises from Proposer‟s preparation of a response to this RFP. 2.8 Key Events Schedule RFP Timeline RFP Issue Date: Sept. 2, 2009 Last Day for Questions: Sept. 8, 2009, by 10:00 a.m, Central Time (CT) Deadline to Submit: Sept. 16, 2009, by 3:00 p.m, Central Time (CT) 2.9 Term of Contract Shall be for 11 months beginning October 1, 2009 through August 31, 2010 with an option to renew for one(1) year, beginning September 1, 2010 through August 31, 2011. 2.10 Site Pre-Proposal Conference It has been determined that a pre-proposal conference is not required. Interested parties may contact Greg Hinze at 936-294-1725 to schedule a tour of the proposed areas. SHSU does not know the square footage of the baseball and softball complex. 2.11 Termination/Cancellation In the event that the contractor is non-compliant with any portion of the contract, Sam Houston State University will give the contractor 15 days written notice to comply. If compliance is unsatisfactory after 15 days, Sam Houston State University has the right to terminate the contract. If contract is not to be renewed, at the end of its initial term, Sam Houston State University will give the contractor 60 days written notice of non-renewal. Page 5 SECTION 3. PROPOSAL REQUIREMENTS 3.1 General Instructions A. Proposer should carefully read the information contained herein and submit a complete response to all requirements and questions as directed. Failure to submit a complete response may result in disqualification of Proposer‟s proposal. B. Proposals and any other information submitted by Proposer in response to this RFP shall become the property of University. C. University will not provide compensation to Proposer for any expenses incurred by the Proposer for proposal preparation or for demonstrations or oral presentations that may be made by Proposer, unless otherwise expressly stated. Proposer submits its proposal at its own risk and expense. D. Proposals that are qualified with conditional clauses; alter, modify, or revise this RFP in any way; or contain irregularities of any kind are subject to disqualification by University, at its option. E. Proposals should be prepared simply and economically, providing a straightforward, concise description of Proposer‟s ability to meet the requirements and specifications of this RFP. Emphasis should be on completeness, clarity of content, and responsiveness to the requirements and specifications of this RFP. F. University makes no warranty or guarantee that an award will be made as a result of this RFP. University reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies and delete any requirement or specification from this RFP or the Agreement when deemed to be in University’s best interest. University reserves the right to seek clarification of any item contained in Proposer’s proposal prior to final selection. Such clarification may be provided by telephone conference or personal meeting with or in writing to University, at University’s discretion. Representations made by Proposer within its proposal will be binding on Proposer. University will not be bound to act by any previous communication or response submitted by Proposer, other than this RFP. G. An entity wishing to submit a „No-Response‟ is requested to return the Execution of Offer. The returned form should indicate the responding entity‟s name and should include the words „No- Response‟ on the Execution of Offer form. H. Any proposal that fails to comply with the requirements contained in this RFP may be rejected by University, at its discretion. 3.2 Preparation and Submittal Instructions A. Execution of Offer. Proposer must complete, sign and return the attached Execution of Offer as part of its proposal. The Execution of Offer must be signed by a representative of Proposer duly authorized to bind the Proposer to its proposal. Any proposal received without a completed and signed Execution of Offer will be rejected by University. 1.) Provide with your proposal; copies of all certificates, credentials, awards, insurance and licenses you have indicated in your proposal, related to this type of work, qualifications and resume on personnel that will be in charge of this project, to include education, experience, and previous employment . Proposer will provide contact information from a minimum of three references of similar listed work, complete with name, address, phone number, location, and type of field that is being or has been serviced. Page 6 2.) The proposer must have a minimum of three years experience in maintaining college or high level high school athletic competition fields (baseball, softball, soccer, football) that require over-seeding, use of reel mowers, topdressing, chemical usage and fertilization. B. Page Size, Binders, and Dividers. Proposals should be typed on letter-size (8-1/2” x 11”) paper, and should be submitted in a binder. Preprinted materials should be referenced in the proposal and included as labeled attachments. Sections within a proposal should be divided by tabs for ease of reference. C. Table of Contents. Proposals should include a Table of Contents with page number references. The Table of Contents should contain sufficient detail and be organized according to the same format as presented in this RFP, to facilitate easy reference to the sections of the proposal as well as to any separate attachments (which should be identified in the main Table of Contents). If a Proposer includes supplemental information or non-required attachments with its proposal, this material should be clearly identified in the Table of Contents and organized as a separate section of the proposal. D. Number of Copies. Proposer should submit a total of six (6) complete and identical copies of its entire proposal. An original signature by an authorized officer of Proposer must appear on the Execution of Offer of at least one (1) copy of the submitted proposal. The copy of the Proposer‟s proposal bearing an original signature should contain the mark “original” on the front cover of the proposal. E. Submission. (1) Proposals must be received by University on or before the Submittal Deadline at the location stipulated. (2) Proposer should submit all required proposal materials enclosed in a sealed envelope, box, or container. The RFP and the Submittal Deadline should be clearly shown in the lower left- hand corner on the top surface of the container. In addition, the name and the return address of the Proposer should be clearly visible. (3) University will not consider a proposal received after the Submittal Deadline under any circumstances. (4) University will not accept proposals submitted by telephone, facsimile (“FAX”) transmission, or electronic transmission (“E-mail, disk, or CD-Rom”) in response to this RFP. F. Modification or Withdrawal Except as otherwise provided in this RFP, no proposal may be changed, amended, or modified after it has been submitted in response to this RFP. However, a proposal may be withdrawn and resubmitted at any time prior to the Submittal Deadline. No proposal may be withdrawn after the Submittal Deadline without University‟s consent, which shall be based on Proposer's submittal of a written explanation and documentation evidencing a reason acceptable to University, at its sole discretion. G. Proposal Validity Period Each proposal must state that it will remain valid for University‟s acceptance for a minimum of thirty (30) days after the Submittal Deadline, to allow time for evaluation, selection, and any unforeseen delays. The successful proposal accepted by University shall remain valid for the full term of the Agreement or other contractual arrangements resulting from this RFP. Page 7 SECTION 4. - GENERAL TERMS AND CONDITIONS TERMS AND CONDITIONS: ITEMS BELOW APPLY TO AND BECOME A PART OF PROPOSAL. ANY EXCEPTIONS THERETO MUST BE IN WRITING. 1. PROPOSAL REQUIREMENTS: 1.1 Rules, Regulations & Statutes: Proposers must comply with all rules, regulations and statutes relating to purchasing in the State of Texas in addition to the requirements of this form. 1.2 Unit Price: Proposers must price per unit shown. Unit prices shall govern in the event of extension errors. 1.3 Late or Unsigned Proposals: Late and/or unsigned proposals will not be considered under any circumstances. Person signing proposal must have the authority to bind the firm in a contract. The proposer (not the carrier/mail service/other or the University) is solely responsible for ensuring that the proposal is received in the Purchasing Department prior to the specified opening date and time. 1.4 FOB Point: Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications. 1.5 Pricing Firm: Proposal prices are requested to be firm for SHSU acceptance for 30 days from proposal opening date (unless otherwise stated in specifications). “Discount from list” proposals are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts will be taken if earned. 1.6 Tax Exempt: Purchases made for State use are exempt from the State Sales tax and Federal Excise tax, per Texas Tax Code, Section 151.309(4). Do not include tax in the proposal. 1.7 Right to Accept or Reject: The State reserves the right to accept or reject all or any part of any proposal, waive minor technicalities and award the proposal to best serve the interests of the State. 1.8 Withdrawal: Any proposal may be withdrawn in writing prior to the date and time set for receipt of proposals. Any proposal not so withdrawn shall constitute an irrevocable offer, for a period of 45 days, to provide the commodity or service set forth in the specifications, or until a selection has been made by SHSU Purchasing. 1.9 Proposal Costs: Proposers electing to respond to this RFP are responsible for all costs of proposal preparation. The University is not liable for any costs incurred by an proposer in response to this RFP. 1.10 Exceptions: If a proposer takes exception to any specifications within this Request for Proposal, they must notify the Purchasing department in writing prior to the scheduled proposal opening date and time. 1.11 Texas Public Information Act: Information, documentation, and other material collected, assembled or maintained by the University in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”). If a bidder believes any information contained in the bidder‟s response package contains any proprietary or confidential information the bidder must clearly mark the verbiage claimed to be proprietary or confidential. If a Public Information Act request for documents is filed, the University will make best efforts to contact bidder prior to release of claimed proprietary information. If, at that time, the bidder still believes information provided is proprietary or confidential, the bidder shall timely notify the University in writing of the factual and legal basis of the claim. If the University submits the documents to the Texas Attorney General‟s Office for a ruling on the bidder‟s claim of privilege, the latter may elect to make arguments directly to the Attorney General‟s Office in support of the claim of privilege. Page 8 2. SPECIFICATIONS 2.1 Brand Name Descriptive: Catalogs, brand names or manufacturer‟s references are descriptive only, and indicate type and quality desired. Proposals on brands of like nature and quality will be considered unless otherwise stated in the Request for Proposal (RFP). If proposing other than brand referenced, proposal should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered are requested to be made part of the proposal. Failure to take exception to specifications or reference data will require proposer to furnish specified brand names, numbers, etc. 2.2 New Items: Unless otherwise specified, items shall be new and unused and of current production. 2.3 Electrical Standards: All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC or NEMA. 2.4 Samples: Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the proposer, on request, at proposer‟s expense. Each sample should be marked with the proposer‟s name and address, and requisition number. Do not enclose in or attach proposal to sample. 2.5 Oral Statements: SHSU will not be bound by any oral statement or representation contrary to the written specifications of the Request for Proposal (RFP). 2.6 Manufacturer’s Warranty: Manufacturer‟s standard warranty shall apply unless otherwise stated in the RFP. 3. DELIVERY 3.1 Delivery Days: Show number of days required to place material in receiving agency‟s designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates proposer to deliver in 14 calendar days. Unrealistic delivery promises may cause proposal to be disregarded. 3.2 Foreseen Delays: If delay is foreseen, vendor shall give written notice to SHSU. Vendor must keep SHSU advised at all times of status of order. Default promised delivery (without accepted reasons) or failure to meet specifications authorizes SHSU to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting vendor. 3.3 Substitutions: No substitutions permitted without written approval of SHSU. 3.4 Delivery Hours: Delivery shall be made during normal working hours (8:00 a.m. to 4:00 p.m.) only, unless prior approval has been obtained from ordering agency. 4. INSPECTION AND TESTS – All goods will be subject to inspection and test by SHSU. Authorized SHSU personnel shall have access to supplier‟s place of business for the purpose of inspection merchandise. Tests shall be performed on samples submitted with the proposal or on samples taken from regular shipment. All costs shall be borne by the vendor in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods delivered and rejected in whole or in part may, at SHSU‟s option, be returned to the vendor or held for disposition at vendor‟s expense. Latent defects may result in revocation of acceptance. 5. AWARD OF CONTRACT – A response to this RFP is an offer to contract based upon the best price, terms, conditions and specifications contained herein. Proposals do not become contracts until they are accepted through a purchase order. The contract shall be governed, construed and interpreted under the laws of the State of Texas, and SHSU policy as the same may be amended from time to time. Any legal actions must be filed in Walker County, Texas. Page 9 6. CANCELLATION OF CONTRACT – If contract is cancelled, for any reason, any prepaid fees shall be refunded on a pro-rated basis. 7. PAYMENT – Vendor shall submit an itemized invoice showing SHSU purchase order number. SHSU will incur no penalty for late payment, if payment is made in 30 or fewer days from receipt of goods or services on an uncontested invoice. The payment process will begin when Purchasing receives a written authorization/acceptance from the department chair of the awarding department. 8. NON-DISCLOSURE: No public disclosures or news releases pertaining to this RFP shall be made without prior written approval of SHSU. 9. CONFLICTS: In event of a conflict between standard proposal requirements and conditions and the attached detail specification, the detail specification shall govern. 10. PATENTS OR COPYRIGHTS – The vendor agrees to protect SHSU from claims involving infringement of patents or copyrights. 11. VENDOR ASSIGNMENTS – Vendor hereby assigns to ordering agency any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973), and the antitrust laws of the State of Texas, TEX. Bus. & Comm. Code Ann. Sec. 15.01, et seq. (1967). Inquiries pertaining to RFPs must give the requisition number, codes, and opening date. 12. FUNDING OUT CLAUSE – Sam Houston State University reserves the right to cancel, without penalty, if funds are not appropriated or otherwise made available at any time during the contract period. 13. PROPOSER AFFIRMATION – Signing this proposal with a false statement is material breach of contract and shall void the submitted proposal or any resulting contracts, and the proposer shall be removed from all proposal lists. By signature hereon affixed; 13.1 The proposer has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted proposal. 13.2 The proposer is not currently delinquent in the payment of any franchise tax owed with the Texas Comptroller of Public Accounts . For more information see the website for the Texas Comptroller of Public Accounts: http://ecpa.cpa.state.tx.us/vendor/tpsearch1.html. 13.3 Neither the proposer nor the firm, corporation, partnership, or institution represented by the proposer, or anyone acting for such firm, corporation or institution has violated the antitrust laws of this State or the Federal Antitrust Laws (See Section 8, above) nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business. 13.4 The proposer has not received compensation for participation in the preparation of the specifications for this RFP. 13.5 Pursuant to Section 231.006(d), Family Code, re: child support, the proposer certifies that the individual or business entity named in this proposal is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 13.6 Pursuant to Section 2155.004 Government code re: collection of state and local sales and use taxes, the proposer certifies that the individual or business entity named in this proposal is not ineligible Page 10 to receive the specified contract and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. 13.7 The Contractor shall defend, indemnify, and hold harmless the State of Texas, SHSU, 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 contractor or any agent, employee, subcontractor, or supplier of contractor in the execution or performance of this contract. 13.8 Proposer agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas. 13.9 Proposer certifies that they are in compliance with Section 618.003 of the Government code, relating to contracting with the executive head of a State agency. If Section 618.003 applies, proposer will complete the following information in order for the proposal to be evaluated: Name of Former Executive:________________________________________ Name of State Agency:____________________________________________ Date of separation from State Agency:________________________________ Position with proposer:____________________________________________ Date of Employment with proposer:__________________________________ 13.10 Pursuant to Section 231.006(C), Family Code, proposal should include name and Social Security Number of each person with at least 25% ownership of the business entity submitting the proposal. Proposers that have pre-registered this information on the Texas Comptroller of Public Accounts website on the Centralized Master Bidders List have satisfied this requirement. If not pre- registered, attach name and social security number for each person. Otherwise, this information must be provided prior to contract award. 14.NOTICE TO PROPOSER: 14.1 Any terms and conditions attached by the proposer to their proposal will not be considered unless specifically referred to on this proposal form and may result in disqualification of the proposal. 14.2 Equal Opportunity – Proposer represents and warrants that is shall not discriminate against any person on the basis of race, color, national origin, creed, religion, political belief, sex, sexual orientation, age or disability in the performance of the resulting contract. Page 11 SECTION 5 - EXECUTION OF OFFER 1. In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any and all commodities or services at the prices quoted. 2. By signature hereon, the offerer hereby certifies that he/she is not currently delinquent in payment of any franchise taxes owed the State of Texas under Chapter 11, Tax Code. 3. By executing this offer, offerer affirms that he/she has not given, offered, or intends to give at any time hereafter, any economic opportunity, future employment, gift loan, gratuity, special discount, trip, favor, or service to public servant in connection with the submitted offer. Failure to sign the offer, or signing it with a false statement, shall void the submitted offer or any resulting contracts, and the offerer shall be removed from all proposals lists. 4. By the signature hereon affixed, the offerer hereby certifies that neither the offerer or the firm, corporation, partnership, or institution represented by the offerer 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 offer made to any competitor or any other person engaged in such line of business. By signing this offer, offerer certifies that if a Texas address is shown as the address of the offerer, offerer qualified as a Texas Resident Proposer as defined in Rule 1 TAC 113.8. This offer consists of pages number 1 through 15 of RFP# 753-010-00100DJF plus ______ additional pages provided by vendor. (Number of additional pages to be completed by proposer, if additional pages are included with the proposal.) Federal Employer Identification Number (FEIN): ___________________________________ Proposer/Company: __________________________________________ Signature (ink): _________________________________________Date: _________________ Name (typed/printed): _______________________________________________________ Title: ___________________________________________________________________ Address: _____________________________________________________________________________ Street or PO Box City State Zip Code Telephone Number: ____________________ Fax Number: _____________________ Total Cost of Baseball and Softball Field Maintenance First 11 Months $_____________________ Second Year $_____________________ To include any and all fees, charges and costs. The total cost for the entire life of the contract will not exceed $100,000. MUST COMPLETE, SIGN AND RETURN WITH PROPOSAL. FAILURE TO SIGN AND RETURN THIS EXECUTION OF OFFER WILL RESULT IN THE REJECTION OF THE PROPOSAL. Page 12 SAM HOUSTON STATE UNIVERSITY HUNTSVILLE, TEXAS Request for Proposal for Annual Field Maintenance Program for Sam Houston State University Baseball and Softball Complex SECTION 6 – SCOPE OF WORK 6.1 General 1. Contractor is to provide all labor, equipment, materials, supplies, and coordination for annual maintenance of the sports fields at the Sam Houston State University Baseball and Softball Complex located on the Sam Houston State University campus at the corner of Bowers Boulevard and Sycamore Avenue. Contract shall be for 11 months, beginning October 1, 2009 through August 31, 2010, with an option to renew for one (1) year. Rates shall be firm throughout the term of the contract and the optional renewal period. 2. The Proposer must supply a complete list and description of equipment to be used. 3. The Contractor shall repair or make good any damage to SHSU property resulting from any of his operations. 4. Insurance: With the proposal, the Contractor is required to provide proof of the minimum insurance listed below. The Contractor is solely responsible for any subcontractors fulfilling the requirements of this contract. a. Worker‟s Compensation – Statutory. b. Commercial General Liability – A minimum of $325,000 combined single limit each occurrence and in aggregate. c. Texas Automobile Liability – A minimum of Bodily injury $100,000 each person, $300,000 each occurrence; Property damage $25,000 each occurrence. 5. Invoicing and Payment: A Sam Houston State University purchase order will be issued in accordance with the Terms and Conditions included in this Request For Proposal. Contractor shall invoice the University monthly and payment will be made on a monthly basis. 6. The Proposer must supply a local “supervisor” for this project that will be on-call in the event of any emergency or as any “as needed” work on the fields arise. This supervisor must have adequate credentials and experience in maintaining high level athletic fields. A list of said credentials and experience must be provided by the proposer to SHSU with their submitted proposal. 6.2 Specifications and Scope of Work Below are minimum requirements for maintenance of the SHSU sports fields, additional applications and/or duties described herein may be required to be provided, at no additional charge, if SHSU deems that the work is necessary for proper maintenance of the sports fields on a year round basis. Contractor to provide all labor, equipment, materials, supplies, and coordination. To include but not be limited to: Page 13 Herbicide Treatments (both fields): 4 applications annually for weed control, including Nutgrass elimination. 1st application in October for pre-emerging weeds. 2nd application in late April or early May to eliminate early emerging grassy weeds, summer broadleaf weeds and begin the slow elimination of rye grass. 3rd application in June to eliminate grassy weeds, Dalisgrass and Nutgrass. 4th application in August for final clean up of summer weeds. This application is dependent upon need. Use of “Round Up” or other chemicals that kill grass patches is frowned upon and prior notification and approval of use must be provided. These applications may be adjusted as necessary. Fertilization (both fields): 4 applications annually utilizing a high quality slow release nitrogen product (may require iron occasionally). 1st application in December after over seeded rye grass emergence. 2nd application in late March or early April. 3rd application in June. 4th application in August or early September. Timing and amount of applications may be adjusted due to weather and other unforeseen conditions. Pesticide Applications (both fields) : Pesticide applications may be combined with fertilization if appropriate. They are to be used as needed to prevent or eliminate the various pests that attack turf. How often and when these are needed is to be determined by the Contractor and SHSU personnel. Pesticides for army worms are to be included. A fire ant barrier such as Top Choice is to be applied, a minimum of twice a year, to fields and bullpen areas. Chemical is to be supplied by Contractor. Aerification (both fields): Aerify fields once per month starting in May and continuing through October using a plug aerator. Aerification can not be substituted for topdressing. Timing and amount of applications may be adjusted due to weather and other unforeseen conditions. Top-Dressing (both fields): Top-dress each field with 1/4 inch to 3/8 inch of washed sand in November and March. This will include dragging the sand in lightly and watering in the sand. Access to softball field will be provided for large equipment necessary for top dressing. Over seeding with a quality turf type Perennial Ryegrass (both fields), Contractor provided. Baseball Field-----supply and install 1,800 pounds. Softball Field------supply and install 700 pounds. Note: These amounts may need to be spread out over two applications. Page 14 Mowing (both fields): Mow grass on the fields a minimum of two times per week and as many as six times per week as necessary to maintain a maximum 9/16 inch grass height during the playing season and a 7/8 inch height during the off season. These heights are subject to change to fit the Coaches requirements. The fields must be maintained to be in top condition year around, even during the “off season,” as they are a primary recruiting tool, hosts summer camps, tournaments, etc. A reel mower is to be used. Skinned areas and field perimeters are to be edged to present a clean sharp edge. Lip maintenance, including washing the lip if necessary, is the contractor‟s responsibility. Irrigation (both fields): Monitor the irrigation on each field and adjust the watering times as required by the weather. Longer watering cycles less frequently. Fields should not remain wet especially when activity is occurring on them. Bull Pens (both fields): Mow grass as required. String line trim edges of Catchers and Pitchers spots. Irrigation and over seeding of these areas to maintain aesthetic equal to playing fields is to be included. Fences/ Dugouts/Stands (both fields): String line trim dugouts and stands to maintain a clean sharp edge. Weed/grass killer may be used on the fence lines. Care is to be taken so to maintain a neat look along fences. NOTE: Successful proposer is required to meet a minimum of once a month with both Baseball and Softball Coaches to address any concerns and to confirm field usage schedules. SECTION 7 - PERFORMANCE 1. SHSU may make such investigations as SHSU deems necessary to determine the ability of the proposer to perform the work, and the proposer shall furnish SHSU all such information and data for this purpose as SHSU may request. Proposer will provide contact information for a minimum of three references of above listed work. complete with name, address, phone number, location, and type of field that is being or has been serviced. Page 15