ESBD_357592_1714158933011_TRS000477_Construction Svcs _RFP Document_4.25.24_Final.pdf

Solicitation Title: Construction and Remodeling Services Solicitation No. TRS000477

Teacher Retirement System of Texas

Request for Proposals (RFP)

NIGP Class/Item Codes: 912-29

Anticipated Schedule of Events

April 26, 2024

Issuance of RFP

May 6, 2024, 2:30 P.M., Central Time Pre-Proposal Conference attendance is non-mandatory.

Conference call/virtual meeting information provided in Item 13 below.

May 9, 5:00 P.M., Central Time Deadline for Submission of Questions

May 28, 3:00 P.M., Central Time Deadline for Submission of Proposals Late Proposals will not be considered.

[Presentations] Presentations or Interviews by Top-Ranked Respondents, if requested. TRS may elect to conduct presentations (or interviews or demos or site visits) as part of the evaluation process.

Solicitation Contents

I. Summary Details II. Definitions

III. Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Information IV. Evaluation Process and Criteria V. Proposal Submittal

VI. Sample Contract

Solicitation Section I:

Summary Details

I. Summary

1. Purpose/Overview Teacher Retirement System of Texas (TRS) is seeking a general construction Contractor to provide commercial remodel and renovation services on an “as needed” basis. As a result of this solicitation, TRS expects to receive and evaluate responses and select one (1) or more qualified respondents. TRS reserves the right to make a single award or multiple awards. All Contract(s) awarded shall be indefinite quantity contracts, with no minimum guarantees or any purchases.

2. Type of Solicitation Request for Proposals (RFP)

3. Issuing Agency

Teacher Retirement System of Texas (TRS) Procurement & Contracts 1000 Red River Street Austin, TX 78701-2698 ATTN: Archana Sastry

4. Purchasing Authority Competitive Procurement per Texas Government Code Section 825.103

5. Mandatory Requirements/Qualifications

Proposals that do not meet the following mandatory requirements will be rejected as non-responsive and disqualified:

1. Respondents must demonstrate and provide documentation of the minimum qualifications identified in this section to be considered Responsive. Failure to do so will result in the disqualification of the Respondent and its proposal will not be evaluated.

2. Respondent’s firm must have a minimum of five (5) years of experience providing long-term contracts for commercial remodeling and renovation services.

3. Respondent and any subcontractor(s) proposed by Respondent, must have the necessary commercial remodel and renovation personnel, equipment and facilities located within one (1) hour from TRS headquarters located at 1000 Red River Street, Austin, TX 78701; the Respondent should have the capability to recruit Respondent’s employees and/or subcontractors within one hour of all TRS locations in the State.

4. Respondent and any subcontractor(s) proposed by

Respondent, must have the staffing available to fulfill the requirements of this RFP:

a) A minimum of two (2) employees (Respondent employees and/or Respondent’s subcontractor’s employees), for each of the following labor categories shall be currently available to perform the services outlined in this RFP:

• Carpenter,

• Painter,

• Flooring Technician, and

• Basic Helper/Laborer.

b) The Respondent shall provide one (1) Project Manager to supervise workers and or any Subcontractors.

6. Responses to Solicitation Respondents are required to submit responses in the TRS

Procurement and Vendor E-System (PAVES) for each Evaluation Criteria listed above. Please see Section V “Proposal Submission Instructions” on how to create a confirmed bidder account to submit a proposal.

7. Deadline for Proposals Received by Teacher Retirement System of Texas no later than:

May 28, 3:00 P.M., Central Time

8. Initial Contract Term Initial term will be one year from effective date of contract.

9. TRS Optional Renewal Terms Three (3) one-year optional renewals

Please note: If the awarded contract includes renewal options, the proposed annual pricing will be applied to each renewal option. TRS does not allow for escalation of pricing for subsequent renewals under this solicitation.

10. TRS Procurement and Contracts Representative for this Solicitation

Archana Sastry archana.sastry@trs.texas.gov

All questions and inquiries about this solicitation must be sent to the Procurement and Contracts Representative only.

11. Contact with TRS Staff Upon issuance of this Solicitation, employees and representatives of TRS, other than the TRS Procurement and Contract representative identified in item number 10 above, will not discuss the contents of this Solicitation with any Respondent, potential Respondent, or its representatives.

Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related Proposal.

This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this Solicitation.

12. TRS Historically Underutilized Business (HUB) Coordinator

Blender Hill

(512) 542-6867 blender.hill@trs.texas.gov

13. Pre-Proposal Conference May 6 , 2024, 2:30 P.M., Central Time. Pre-Proposal Conference will be held virtually via Microsoft Teams. To be sent the invite, Respondents must e-mail the TRS Representative identified in Item 10 by May 2, 2024, 4:00 P.M., Central Time.

By attending the pre-proposal conference, attendees allow TRS to include their name and email in the pre-proposal conference virtual sign-in sheet to be included with an Addendum following the conference.

During the pre-proposal conference, TRS will provide an overview of how to register and submit a proposal in PAVES.

Potential Respondents are encouraged to attend.

mailto:archana.sastry@trs.texas.gov

14. Solicitation Addenda Changes to items directly impacting the Solicitation will be posted on the Electronic State Business Daily (ESBD) located at www.txsmartbuy.com/sp and posted in TRS’ Procurement and Vendor E-System (PAVES) portal as an Addendum. It is the responsibility of an interested party to periodically check PAVES or the ESBD for updates to the Solicitation prior to submitting a Proposal.

15. Questions and Answers Questions regarding this Solicitation must be submitted in writing no later than May 9, 5:00 P.M., Central Time.

Telephone inquiries will not be accepted. Each Respondent is solely responsible for verifying TRS’ receipt of its questions, if applicable, and Proposal by the deadlines specified in this Solicitation.

16. Respondent Presentations or Interviews

TRS may request that Top-Scoring Respondents present an overview of the Services proposed in their Proposals. The presentations will either be performed virtually or at the TRS offices located at, 1000 Red River Street, Austin, Texas. The number of Top-Scoring Respondents will be determined by TRS at its sole discretion.

http://www.txsmartbuy.com/sp

Solicitation Section II:

Definitions

II. Definitions

As used in this Solicitation, the following capitalized terms shall have the meaning specified below:

1. Agency or TRS: Teacher Retirement System of Texas

2. Agency Primary Contact: The person designated by TRS to be the point of contact between

TRS and the Contractor for monitoring Contract performance and providing day-to-day interaction and instruction during the term of the Contract. Also referred to as “TRS Contract Manager.”

3. Contract: The definitive written agreement resulting from this Solicitation executed by an authorized representative of TRS and Contractor that formalizes the terms, provisions, covenants, and obligations of the parties, including but not limited to those contained in this

4. Contractor or Vendor: The Respondent awarded a contract resulting from this Solicitation.

The term “Contractor” or “Vendor” includes employees, representatives, agents, subcontractors, suppliers, and third-party service providers of the Contractor, regardless of how such persons or entities are employed or contracted by the Contractor.

5. Contractor or Vendor Primary Contact: The person designated by the Contractor/Vendor to be the point of contact between the Contractor/Vendor and Agency for scheduling, filling, contract management, and day-to-day management of Services under the Solicitation.

6. Days: Calendar days unless otherwise specified.

7. Employee; Contract Employee: Any individuals who, on behalf of the Contractor, will or may participate in providing Services under a Contract resulting from this Solicitation.

8. Financial Interest: Receiving, or having a right to receive, money or other valuable property or benefits under or in connection with the actual or proposed contract; holding a position in a business such as a principal, officer, director, trustee, partner, employee, or the like, or holding a position of management; holding any of the outstanding debt of a person directly involved in the proposed or resulting Contract; or owning stock or other interest in the business.

9. Fiscal Year (FY): The State of Texas and TRS fiscal year that begins September 1 and ends August 31.

10. Key Personnel: Individuals who contribute to the development or execution of a project in a substantive, measurable way and whose absence from the project would be expected to impact the performance of the Contract.

11. Offer, Proposal, or Response: The documents, including any exhibits or attachments, submitted by a Respondent in response to this Solicitation. “Offer” has the same meaning as “Proposal” or “Response,” when such terms are applicable in the solicitation document so titled as Request for Proposals (RFP), Request for Offers (RFO), or an Invitation for Bids (IFB), respectively.

12. Project Manager: The individual who, on behalf of the Contractor, will have primary responsibility for the planning, procurement, and execution of the project, in any undertaking that has a defined scope, defined start, and a defined finish, regardless of industry.

13. Relative: A current or former TRS employee’s spouse, father, mother, brother, sister, son or stepson, daughter or stepdaughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law.

14. Respondent: The individual or entity submitting a proposal, offer, or bid in response to this

15. Responsive: A Proposal that meets all minimum qualifications, HUB requirements, and submission requirements.

16. Services: All requirements, duties, schedules, locations, and other items specified in this Solicitation. The term includes any services associated with the Contractor’s performance under a Contract resulting from this Solicitation. Also referred to as “Work.”

17. Services: All of the requirements, duties, schedules, locations, and other items specified in this Solicitation. The term includes any services associated with Contractor’s performance under a Contract resulting from this Solicitation. Also referred to as “Work.”

18. Substantial Completion: The date determined and certified by the Contractor and TRS when the Work, or a designated portion thereof, is sufficiently complete in accordance with the Work Order as to be operational and fit for use as intended.

19. Work Order Time: The period between the start date identified in the Notice to Proceed with the Work and the Substantial Completion date identified in the Notice of Work, or as may be amended.

Solicitation Section III:

HUB Subcontracting Plan (HSP) Requirements and Information

III. HUB Subcontracting Plan Information

In accordance with Section 2161.252 of the Texas Government Code and 34 Texas Administrative Code Section 20.285, each state agency that considers entering a contract with an expected value of $100,000 or more over the life of the contract (including any renewals) shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the Contract. If subcontracting opportunities are probable, each state agency’s invitation for bids, requests for proposals, or other purchase solicitation documents with an expected value of $100,000 or more shall state that probability and if probable require a Historically Underutilized Business (HUB) Subcontracting Plan (HSP).

TRS has determined that subcontracting opportunities are probable with this RFP and requires Respondents to complete the State of Texas HUB Subcontracting Plan (HSP) form located at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

TRS will provide guidance on navigating the State of Texas HUB forms and Respondent is encouraged to seek assistance in completing the HSP from the TRS HUB Coordinator, Blender Hill, at (512) 542- 6867 or at blender.hill@trs.texas.gov. Please remember that any inquires must be done in time to allow for the required 7 working days to demonstrate the good faith effort when soliciting subcontractors because the HSP must demonstrate the good faith effort. If there are any changes to the information in the HSP after it is submitted, Respondents must obtain prior approval from TRS.

A. TRS HUB Goals:

For purposes of the solicitation, TRS has determined that this procurement falls under the following category:

☒ Special Trade Construction – The goal is 50% ☐ Professional Services – The goal is 10% ☐ Other Services – The goal is 25% ☐ Commodities – The goal is 35%

B. State vs. Agency Annual HUB Goals:

Texas and TRS’s annual HUB expenditure goals for FY24 are listed below.

Procurement Category Statewide HUB Goals

TRS HUB

Goals

Special Trade Construction 32.90% 50.00% Professional Services 23.70% 10.00% Other Services 26.00% 25.00% Commodities 21.10% 35.00%

C. HUB Subcontracting Opportunities for this Solicitation

The National Institute of Government Purchasing (NIGP) Commodity Book class and item codes and commodity descriptions for the services requested under this RFP are listed below. Full commodity descriptions can be found at https://comptroller.texas.gov/purchasing/nigp/ https://comptroller.texas.gov/purchasing/vendor/hub/forms.php mailto:blender.hill@trs.texas.gov https://comptroller.texas.gov/purchasing/nigp/

The TRS has identified possible HUB subcontracting opportunities listed below related to the Scope of Work under this Solicitation; however, this list should not be considered exhaustive. Additional opportunities may be added at the Respondent’s option.

Class Item Description 910 00 Building Maintenance, Installation and Repair Services 910 01 Acoustical Ceilings and Walls: Cleaning, Installation, Restoration, Maintenance and Repair 910 06 Carpentry Maintenance and Repair Services 910 09 Carpet Cleaning, Dyeing, Installation, and Repair 910 14 Door Installation, Maintenance, and Repair (Metal) 910 15 Door Installation, Maintenance, and Repair (Wood) 910 24 Fire or Water Damage Restoration Services 910 25 Flooring Maintenance and Repair 910 27 Garbage/Trash Removal, Disposal 910 30 Glass Replacement, Maintenance, and Repair 910 45 Lathing and Plastering Maintenance and Repair Services 910 51 Masonry, Concrete, and Stucco Maintenance, Finishing and Repair

(Includes Inside Concrete Sawing and Grouting Work) 910 52 Maintenance and Repair Services, Building (Not Otherwise Classified) 910 54 Painting, Maintenance and Repair Services (Including Caulking) 910 65 Remodeling and Alterations 910 73 Tile and Stone (Includes Granite, Marble, and Terrazzo), Restoration, Refurbishing, Maintenance and Repair 910 75 Wall and Ceiling Repair and Replacement (Including Dry-walling) 910 76 Welding Maintenance and Repair Services (Incl. Brazing, Casting, and

Soldering) 910 82 Wiring and Other Electrical Maintenance & Repair Services

912 00 CONSTRUCTION SERVICES, GENERAL, INCLUDING MAINTENANCE AND

REPAIR SERVICES

936 00 Equipment Maintenance and Repair Services General Equipment 936 08 Air Compressors and Accessories, Maintenance and Repair 936 40 Hand Tools, Powered, All Kinds, Maintenance and Repair (Including

Electrical and Hydraulic) 936 41 Hand Tools, Non-Powered, All Kinds, Maintenance and Repair 936 62 Pumps and Pump Accessories Maintenance & Repair 936 82 Tool Maintenance and Repair, Electric 936 95 Welding Equipment Maintenance and Repair 975 00 Rental or Lease Services of Agricultural, Aircraft, Airport, Automotive, Marine, and Heavy Equipment 975 24 Construction Equipment (Not Otherwise Classified) Rental or Lease 975 39 Hydraulic Tools and Equipment Rental or Lease 975 37 Garbage/Refuse Equipment (Dumpsters, etc.) Rental or Lease 975 46 Material Handling Equipment Rental or Lease

D. Finding HUB Vendors

For a list of HUB vendors, Respondent may use the Centralized Masters Bidders List (CMBL) and HUB Directory. Below are instructions on how to search the CMBL:

Access the CMBL and HUB Directory at:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do .

CMBL Page will default to certain fields already checked - ensure that All Vendors are searched.

Enter Class Code and Item (leave Item blank to select any).

Enter District Number to select specific geographic location (leave district blank to select all).

Click the Submit Search button.

Detail List page will default to certain fields already checked.

Check Ethnicity, Gender fields, and Business Description as well as any other fields needed.

Click go.

Identify HUBs on the Results For CMBL Plus HUBs Search page (HUB category is on far right of page).

Select HUB vendor and click on company name. Sometimes a vendor will have more than one listing -use the most current one.

Confirm that HUB Status is “A” (Approved; Active) on the Vendor Detail page.

If vendor appears to meet your needs, then solicit a bid or response of interest.

Repeat this process until you have found a minimum of three (3) certified HUBs per subcontracting opportunity/area, either identified by the TRS or your company.

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

Solicitation Section IV:

Evaluation Process and Criteria

IV. Evaluation Process and Criteria

TRS reserves the right to award one or more contracts(s). At TRS’ sole discretion, TRS also reserves the right to cancel this Solicitation, make awards for some, but not all, categories of service, or make no awards.

TRS reserves the right to ask questions or request clarification from any Respondent at any time during the Solicitation process, including each stage of the evaluation process. All such questions shall be provided to the Respondent by the TRS Procurement and Contracts Representative for this Solicitation.

A. Respondent Minimum Qualifications

Respondents must demonstrate and provide documentation of the following minimum qualifications to be considered Responsive. Failure to do so will result in the disqualification of the Respondent and its proposal will not be evaluated.

1. Respondent’s firm has a minimum of five (5) years of experience providing long-term contracts for commercial remodeling and renovation services.

2. Respondent’s firm and any subcontractor(s) proposed by Respondent, has the necessary commercial remodel and renovation personnel, equipment, and facilities located within one (1) hour from TRS, to fulfill the requirements outlined in this RFP.

3. Respondent’s firm and/or any subcontractor(s) proposed by Respondent, must have

4. the staffing available to fulfill the requirements of this RFP.

a) A minimum of two (2) employees (Respondent employees and/or Respondent’s subcontractor’s employees), for each of the following labor categories shall be available when requested to perform the services outlined in this RFP:

• Carpenter

• Painter

• Flooring Technician, and

• Basic Helper/Laborer

b) The Respondent shall provide one (1) Project Manager to supervise workers and or any Subcontractors.

B. Initial Round

The evaluation committee will evaluate all Responsive Proposals during the Initial Round. After Initial Round evaluations, TRS may request that all or only the Top-Scoring Respondents participate in future rounds.

Responses and Best and Final Offers (BAFO) will be scored under best value standards that are in the best interest of TRS using the following general categories, for which weights are shown:

Evaluation Criteria Weight Respondent Past Performance 20% Respondent Client Reference 5% Respondent’s Key Personnel 25% Technical Approach 30% Pricing 20%

Total 100%

C. TRS Option for Interviews or Presentations Round – Selection Criteria: 10 points

After Proposal Evaluation Round evaluations are complete, TRS may (1) move on to a Presentation Round, (2) determine that this round is not necessary and move on to the Best and Final Offer (BAFO) Round, or (3) make one or more contract awards based on the Proposal Evaluation Round evaluations.

TRS may request that all or only the top-scoring Respondents participate in presentations.

Respondent presentations allow Respondents to highlight the strengths and unique aspects of their Responses and provide answers to clarification questions TRS may have regarding the Responses.

Evaluation Criteria for Respondent Presentations Round may include, but are not limited to:

1. Respondent’s demonstrated understanding of the RFP requirements and ability to satisfactorily describe the processes/methodologies for delivering the Services.

2. Respondent’s demonstrated experience in undertakings similar in scope and complexity to those indicated in this Solicitation, including past performance.

3. Respondent’s team member interaction and Respondent’s interaction with TRS.

4. Respondent’s presentation quality and ability to meet TRS’ needs.

5. Respondent’s ability to fit into the TRS culture.

After the presentations, the Respondent may be required to submit answers to questions asked during the presentation.

Presentations will be evaluated individually by each evaluator, who shall provide a score from 0 to 10, ten being the best/highest score (“Presentation Round”). The point allocation for the Presentation Round will not be added to any previous round or future round. The points determine which Respondent(s) move on to the next round.

D. TRS Option for Best and Final Offer (BAFO) Round If TRS decides to have a BAFO Round, a BAFO may be sought from all or only the top-scoring Respondent(s) participating in the BAFO Round. As the BAFO round is an optional round by TRS, TRS strongly encourages the Respondent to provide its best pricing and terms with its initial proposal.

BAFOs will be evaluated individually by each evaluator (the “BAFO Round”). TRS may request a Respondent provide additional information. All information provided during each phase of the evaluation process (including the BAFO) is considered during the BAFO Round. The BAFO Round is scored based on the same criteria, scoring matrix, and point allocation as the Proposal Evaluation Round. The point allocation for the BAFO Round will not be added to any other round. The points in this round are used to determine the Respondent(s) final score.

Solicitation Section V:

Proposal Submittal Instructions

V. Proposal Submission Instructions

Respondents are required to submit their Responses to this solicitation through the TRS electronic procurement system called PAVES (Procurement and Vendor E-System). If awarded a TRS contract, the Contractor will be required to set up a PAVES account which requires:

• 2-factor authentication with a cell phone

• A separate login and password to be created for all Contractor contacts, including the

Contractor’s accounting department

• All invoices and deliverables must be submitted through the PAVES system

A. PAVES

Potential Respondents can find information about PAVES on the TRS website at:

https://www.trs.texas.gov/Pages/procurement_PAVES.aspx

The following instructions have been developed to assist vendors in creating and maintaining a PAVES account:

PAVES Basic Navigation for Suppliers New Supplier Registration How to Submit a Proposal How to Activate Supplier Profile (if awarded a contract)

B. Creating a PAVES Account and becoming a Confirmed Bidder

To become a Confirmed Bidder in PAVES, you must complete the New Supplier Registration process. By submitting your company’s information, login credentials will be generated, by which you can access PAVES. You will then be able to add additional company contacts, edit your profile, and bid on TRS solicitations.

The first step is to log into the PAVES supplier portal and follow the instructions for New Supplier Registration.

If, after submitting your registration, you receive an e-mail stating that your registration has been rejected, this is most likely because your company has already been registered in PAVES.

The registration request will only be rejected if the Tax ID Number that is submitted already exists in PAVES. In this case, please contact the PAVES help desk at: PAVESHelp@trs.texas.gov.

C. Submitting a Proposal in PAVES

1. Once you are logged into PAVES:

a. Click the “Solicitations” tab at the top

b. Then click “Show public request for proposals”

2. Click the pencil icon next to the name of the solicitation round in which you wish to participate

3. Click “Participate in RFx” https://www.trs.texas.gov/TRS%20Documents/PAVES-basic-navigation-for-suppliers.pdf https://www.trs.texas.gov/TRS%20Documents/PAVES-new-supplier-registration.pdf https://www.trs.texas.gov/TRS%20Documents/PAVES-submit-proposal.pdf https://www.trs.texas.gov/TRS%20Documents/PAVES-activate-supplier-profile.pdf https://trstexas-supplier.ivalua.app/page.aspx/en/usr/login?ReturnUrl=/page.aspx/en/buy/homepage https://www.trs.texas.gov/TRS%20Documents/PAVES-new-supplier-registration.pdf https://www.trs.texas.gov/TRS%20Documents/PAVES-new-supplier-registration.pdf file://ad.trs.state.tx.us/SDrive/General%20Accounting/PURCHASING%20TEAM/Desk%20Reference%20Manual/Solicitation%20Working%20documents%20-%20not%20ready%20for%20release/PAVESHelp@trs.texas.gov

4. You may be asked to click “I acknowledge receipt of this RFx”

5. Select “WILL BID: our intent is to respond to this RFx”

6. To complete the PAVES Questionnaire and submit a proposal for this solicitation, follow the instructions found in “How to Submit a Proposal.”

7. Please note that any solicitation documents, including Addenda, will be found in the section called “Round Documents” within the Overview tab of the Initial Round.

D. Question and Answer Period

All potential Respondents must create an account and review the solicitation before the deadline for submitting proposals. In addition, Respondents should note the deadline to submit questions concerning this solicitation on page 1 under the Anticipated Schedule of Events.

Respondents may submit questions to TRS through the PAVES portal by participating in the Question Round of this solicitation and following the instructions found in “How to Submit a Proposal.”

https://www.trs.texas.gov/TRS%20Documents/PAVES-submit-proposal.pdf

Solicitation Section VI:

Sample Contract

Teacher Retirement System of Texas

Contract Signature Page

This Contract is entered into effective on the date of last signature below or September 1, 2023, whichever comes later (the “Effective Date”), by and between the Teacher Retirement System of Texas (TRS), with the principal place of business at 1000 Red River Street, Austin, Texas 78701 and [Contractor Name] (Contractor) with a principal place of business at [address, city, state, zip code]. TRS and Contractor are referred to collectively as “Parties” and each, “Party.”

TRS Contract Number: CTR000xxx

TRS Contract Name: Construction and Remodeling Service

The Contract Not to Exceed Amount: $XXXXXXXX

This amount is for the Initial Term of the Contract. TRS does not guarantee a minimum contract amount. TRS may increase the “Contract Not to Exceed Amount” through an amendment when exercising Renewal Options.

The Effective Date: the date of the latest signature below or January 1, 2025, whichever comes later.

The Expiration Date: December 31, 2025

Renewal Option(s): Four (1) one-year periods

Description of Work: Contractor shall provide craftsmen and laborers who are skilled and qualified to perform various commercial remodeling and renovation duties, as directed by the TRS Project Manager.

Teacher Retirement System of Texas

(TRS)

<<Vendor Name>>> (Contractor)

By: By:

Printed Name: Printed Name:

Title: Title:

Date: Date:

Vendor ID Number:

Procurement and Contracts Representative:

Printed Name:

Public Certification(s):

Date:

Please note: Attached is an example contract. A similar contract will be issued to the vendor awarded a contract from this solicitation. Several sections must be reviewed and/or updated in the proposal.

Sample Contract - Contract Documents List

Contract Documents List

The entire Contract between TRS and the Contractor consists of the Contract Documents listed on this page. In the event of any conflict or contradiction between or among the documents attached to or otherwise incorporated into this Contract, the following order of precedence will govern this Contract in the following order:

1. Contract Signature Page

2. Contract Documents List

3. TRS General Terms and Conditions

4. Scope of Work

5. Procedures for Work Orders (WOs

6. Work Orders (WOs)/ Work Plans; Notices to Proceed (incorporated by reference)

7. Notices, Representatives, and Records Location

8. List of Key Personnel

9. Approved Price Form

10. Insurance Section

11. Contractor’s Insurance Certificate (incorporated by reference)

12. Historically Underutilized Business (HUB) Requirements

13. HSP Progress Assessment Report Form

14. HUB Subcontracting Plan (HSP) and HSP Progress Assessment Report Forms (incorporated by reference)

15. Sample Release of Claims Form to be returned with final invoice

16. Non-TRS Workers Policy

17. Contractor’s Best and Final Offer (incorporated by reference)

18. Contractor’s Response to Solicitation (incorporated by reference)

19. Solicitation number TRS000477 posted on Month Day, Year (incorporated by reference)

20. Exhibits (listed below)

Sample Contract – TRS General Terms and Conditions

This is a placeholder for the TRS General Terms and Conditions.

TRS’ General Terms and Conditions will become part of the awarded contract.

As part of the proposal process, the Respondent must review the linked document and provide any redlines for their proposal submission. All requested redlines must be included as part of the Respondent’s proposal, as there will not be another opportunity for redlines.

Please note that TRS may not award a vendor a contract due to excessive redlines to TRS

Terms and Conditions. If Respondent’s proposed exceptions or assumptions are excessive or result in a material change and create an undue delay in the negotiation of a contract, the

Respondent may be disqualified.

https://www.trs.texas.gov/TRS%20Documents/contract_general_terms_conditions.docx

Sample Contract – Scope of Work

Scope of Work

A. Introduction TRS, a public pension fund and entity of the State of Texas, issues this Request for Proposals No.

TRS000477 to solicit proposals from qualified vendors for commercial remodel and renovation services to be performed at all TRS properties. Locations include but are not limited to: 1000 Red River, Austin, TX 78701, 1900 Aldridge, 4655 Mueller Blvd, Austin, TX 78723, and 6611 Boeing Drive, El Paso, TX 79907 (“TRS Facilities”).

B. Scope of Work

Background

TRS is a service-oriented public pension system providing retirement, healthcare, and related benefit programs for Texas public education employees, retirees, and their beneficiaries (“Participants”). TRS’ mission is to improve the retirement security of plan participants and their beneficiaries by prudently investing and managing trust assets and delivering benefits that make a positive difference in members’ lives.

TRS is seeking a general construction Contractor to provide commercial remodel and renovation services on an “as needed” basis. Unless otherwise directed by TRS, Contractor shall furnish all labor, parts, equipment, tools, transportation, methods of communication, and if required miscellaneous related services, to complete each request for commercial remodel and renovation services, including removal and disposal of debris or parts, or both, being replaced, prior to, during, and/or after completion of work.

There are no minimum work guarantees, purchases or timelines. Work orders will be created on an as needed basis.

C. Description of Work

a. SERVICE REQUIREMENTS

Standard Construction Services Contractor shall provide craftsmen and laborers who are skilled and qualified to perform various commercial remodeling and renovation duties, as directed by the TRS Project Manager. Services may include but are not limited to the services described in the Labor Categories table below in Subsection l Labor Categories.

Additional Services

Contractor may provide additional services, including, but not be limited to, miscellaneous related services required to complete remodel and renovation projects, as authorized by TRS Project Manager.

Contractor shall not accept or act upon verbal direction from individuals or groups without first receiving written Notice to Proceed instruction from the TRS Project Manager.

Minimum Equipment Requirements Contractor shall provide all required tools and equipment to service, repair, demolish, install, and maintain TRS Facilities, both interior and exterior, without additional cost to TRS, unless otherwise approved in writing by the TRS Project Manager.

b. RESPONSE REQUIREMENTS

Telephone Response

(1) Contractor shall provide a means of contact acceptable to TRS, for contacting the

Contractor 24 hours a day, seven (7) days a week (24/7). Examples of acceptable means of contact may include, but not be limited to, a cell phone answered 24/7, email, text, call forwarding to a live answering service.

(2) Upon Contract execution, Contractor shall supply TRS with a list of office and emergency telephone numbers and email addresses, as well as the names of contact persons.

Contractor shall provide TRS with updated emergency contact information within 24 hours of a change.

(3) Contractor must provide a telephone response, to TRS emergency calls within 30 minutes of receipt.

On-site Response

(1) Unscheduled Work: Contractor must schedule work with the TRS Project Manager.

Contractor shall provide an on-site response to unscheduled work deemed urgent by TRS by personnel qualified to perform the work within four (4) business hours, unless extended in writing by TRS Project Manager.

(2) Emergency Service Calls: Contractor must respond to emergency calls during both TRS regular business hours and non-business hours. TRS reserves the right to declare any necessary work to be an emergency. On-site response time to emergency calls shall be one hour or less to job site. Upon Contractor’s receipt of notification that TRS has an emergency, Contractor shall commence work within four (4) hours of notification. The Contractor shall man all emergency repair jobs 24 hours per day until the service is returned to normal operation and the work is complete. If an on-site response is not provided within four hours, TRS reserves the right to engage other parties to complete the work and charge the difference in price to Contractor.

c. GENERAL REQUIREMENTS

(1) Prior to commencing work, Contractor shall thoroughly examine and become familiar with the work area, including all systems and associated facilities to ensure the service can be completed in an orderly and safe manner with minimal interruption to all business functions and associated facilities.

(2) Contractor shall furnish all labor, material, tools and necessary equipment to complete the work as required, or with the pre-approval of TRS, obtain the necessary subcontractors to complete the work within the specified timeframes.

(3) Contractor shall respond to multiple requests for services at the same time if necessary.

(4) For work to be performed above the ceiling line, Contractor shall cover the furnishings and floor area located below the work area, prior to commencing work.

(5) Upon completion of a specific task or at the end of each workday, whichever comes first, Contractor shall leave the work area clean and free of Contractor’s equipment, materials, dirt, dust, and debris, to the satisfaction of the TRS Project Manager.

(6) Contractor shall work to complete each job within the agreed time frame, unless extended by TRS Project Manager. If delay in work completion is foreseen, Contractor shall immediately notify the TRS Project Manager. TRS reserves the right to extend delivery of services, at the sole discretion of TRS. Default in promised work completion or failure to meet specifications, authorizes TRS to purchase services and/or supplies and materials elsewhere and charge the full increase in cost to the defaulting Contractor.

(7) Work required to correct any additional problem(s) diagnosed by the Contractor must be approved in writing by the TRS Project Manager, prior to work being performed.

(8) TRS reserves the right to obtain additional proposals or quotes from other Contractors, for projects within or outside the scope of this Contract.

(9) Contractor shall work with any TRS designated contractor or subcontractor on specific project(s) identified by the TRS Project Manager. Contractor shall cooperate and coordinate its work with that of any other contractors retained by TRS. In the event of a conflict in the sequencing of work with another contractor, Contractor shall report the concern to the TRS Project Manager.

d. INSPECTIONS AND CORRECTIONS

(1) Contractor shall inspect and be solely responsible for the compliance of all workmanship and materials in every respect to the requirements of TRS and all applicable codes, laws, and regulations.

(2) TRS shall have the right, always, to inspect Contractor’s work at any point in its progress and Contractor shall provide reasonable access for such inspection. Contractor shall correct all noted deficiencies within a reasonable timeframe established by TRS.

(3) Upon completion, all work performed under this Contract is subject to final inspection and acceptance by the TRS Project Manager.

e. CONTRACT WARRANTY AND GUARANTEE

(1) Except as otherwise specified in the Contract or Work Order, Contractor shall warrant and guarantee all work against defects in materials, equipment, or workmanship for at least one (1) year from the date final inspection is approved by TRS. Extended warranties offered on equipment, materials, etc., as described in this specification shall prevail.

(2) Contractor shall provide the TRS Project Manager with all manufacturers’ warranty documents upon completion of installation and prior to leaving the job site. The warranty period for Contractor provided materials shall be for a minimum of one (1) year, or the manufacturer’s standard warranty period, whichever is longer.

(3) Contractor shall warranty all work performed meets all applicable codes and laws, whether federal, state, or local.

(4) Contractor shall guarantee all work against any defects in workmanship; and shall satisfactorily correct, at no cost to TRS, any such defect that may become apparent within a period of one (1) year after completion of work.

(5) Correction of Defects: Upon receipt of notice from TRS of the discovery of any defects, Contractor shall promptly remedy the defects or replace any property damaged due to the defects occurring within the Contract Warranty and Guarantee period. If Contractor fails to correct a defect within the TRS agreed upon time-period, TRS may have the defects corrected and Contractor shall be liable to TRS for payment of all associated costs.

f. PROTECTION OF FACILITIES After TRS Project Manager’s issuance of Notice to Proceed:

(1) Contractor shall shore up, brace, underpin, and protect, as may be necessary, all pipes and pipelines, waterlines, foundations and other parts of all existing structures and operations adjacent to the work, which are in any way affected by any operations connected with Contractor’s work.

(2) Contractor shall adequately protect the work, TRS property, adjacent property and the public. All costs involved in making repairs and restoring disrupted services shall be borne by Contractor and the Contractor shall be fully responsible for any claims resulting from damage.

(3) Contractor shall be responsible for all costs of repair or replacement, to the satisfaction of

TRS, for any item damaged by Contractor or its subcontractor(s) during the performance of the service. TRS will determine the best method to repair or replace the damaged item.

TRS may elect to have Contractor perform repairs or outsource the repairs and deduct the cost of such repairs, replacements, and outside services from amounts due to Contractor.

g. MATERIALS

Contractor must comply with all the following requirements:

(1) All materials provided to TRS shall be new, free from defect and fit for the purposes intended.

(2) Unless otherwise agreed to in writing, materials used under the Contract shall be the manufacturer’s most recent release and currently in production.

(3) Used, shop-worn, demonstrator, prototype, or discontinued materials shall not be installed at TRS facilities.

(4) TRS reserves the right to specify the precise types of materials to be utilized. Any deviation from the specified materials as instructed by TRS shall require prior written approval of the TRS Project Manager. If required by TRS, Contractor must supply satisfactory evidence of the kind and quality of the items and material furnished.

(5) All replacement parts shall be new and fully warranted certified parts. New parts must be used when available. If new parts are not available, Contractor shall notify the TRS Project Manager in writing that rebuilt parts are the only parts available.

(6) Contractor shall install or apply all materials in strict accordance with installation or application instructions and procedures set forth by the material manufacturer.

Contractor shall warrant that all items, materials, and work furnished conform to the manufacturer’s specifications and specifications provided in the drawings, attachments, and references.

(7) The warranty period for Contractor-provided materials shall be for a period of one (1) year after completion of the installation or within the manufacturer’s warranty, whichever is longer. The warranty period shall commence upon date of acceptance by TRS. Contractor shall provide the TRS Contract Administrator or his/her designated representative with all manufacturers’ warranty documents within five (5) business days of completion of each project.

h. MATERIAL DISPOSAL

All materials requiring removal from the building will be disposed of by Contractor in strict accordance with all applicable codes and laws. TRS Project Manager must approve the removal of any salvaged materials. Contractor shall not use TRS dumpster for disposal of trash and debris, without approval of TRS Project Manager.

i. CONTRACTOR SECURITY REQUIREMENTS

Contractor personnel and subcontractors shall comply with all TRS security requirements.

(1) Contractor and subcontractor personnel shall abide by all TRS security procedures, rules and regulations, and shall cooperate with TRS security personnel.

(2) Contractor and subcontractor personnel shall check in with TRS Security upon arrival to a TRS location where the work will be performed and upon leaving the facilities. The TRS Security Office is open 24 hours a day, 7 days a week, including holidays.

(3) Contractor and subcontractor personnel shall all wear uniform clothing to identify which company they work for. Uniforms shall show the name and/or logo of the company.

Shorts and muscle shirts shall not be worn on TRS property at any time.

(4) Contractor personnel shall wear their TRS issued security identification badges to be always clearly visible.

j. CONTRACTOR SAFETY REQUIREMENTS

(1) Contractor personnel and subcontractors shall comply with all TRS safety requirements.

(2) Contractor shall take all necessary precautions to ensure the safety of TRS employees and Contractor’s employees and shall perform all work in strict accordance with safety rules, government codes and regulations of TRS.

(3) Contractor shall always maintain a safe work environment. Contractor shall report immediately to the TRS Project Manager, the existence of unsafe condition(s), which may compromise the performance of the service.

(4) It is the duty and responsibility of Contractor and all of its subcontractors to be familiar with, enforce and comply with all requirements of all Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), National Electrical Code (N.E.C)., National Standard Institute (NSI) for safety regulations, current ANSI codes latest additions or revisions, city and local codes, State of Texas, and Teacher Retirement System of Texas safety standards; and all applicable fire codes and regulations concerning safety, shall be adhered to by the Contractor. Contractor shall also abide with the Texas Hazardous Communication Act.

(5) Contractor and subcontractors shall provide TRS with Material Safety Data Sheets

(MSDS) for all chemicals used or brought onto TRS’ property. MSDS shall be submitted to the designated TRS Project Manager member, prior to the delivery of chemicals to

TRS.

(6) Contractor shall provide confined space certified technicians, as required to perform the requested service(s) safely.

(7) Contractor shall allow only trained employees to work in a confined space.

(8) All personnel involved with confined space entry duties, including entry workers and outside observers, must be trained in all aspects of confined space entry requirements, including but not limited to general safe entry practices, plant procedures, and precautions specific to the confined space.

(9) TRS reserves the right to request documentation of all required training, and Contractor agrees to provide TRS the requested documentation within five (5) business from the date of the request.

k. ON-SITE UTILITIES AND STORAGE

(1) Upon the approval of the TRS Project Manager, Contractor shall have the right to utilize water, electricity, and similar items from existing outlets at TRS property, at no charge to the Contractor. Contractor and the TRS Project Manager will tour the facilities prior to commencing work.

(2) Contractor may be allowed to store materials and equipment for use in the performance of this Contract, only if TRS has such space available. Storage space shall be arranged through the TRS Project Manager.

(3) Contractor shall keep storage space clean on a continual basis and no trash or debris will be permitted to accumulate.

(4) Contractor shall correctly label all products and chemicals. If chemicals are put in additional bottles or containers, each container shall be labeled according to the chemical name appearing on the Material Safety Data Sheet (MSDS).

(5) Contractor shall provide an MSDS for any chemical Contractor uses or stores at TRS and post the MSDS where the chemical(s) are being stored.

(6) If determined by TRS, Contractor will be responsible for obtaining additional on-site storage space, such as portable storage containers or pods, or both.

l. LABOR CATEGORIES

The labor categories for the Work provided, along with detailed labor descriptions and the required experience level for each, are outlined in the following table:

Labor Category Labor Description and Expected Experience Level

Contractor Project Manager

Supervise workers and subcontractors, manage and order supplies, organize staff work schedules, ensures work is carried out safely and attend site management meetings. Manage day to day operations. Requires a minimum five (5) years of experience.

Carpenter

Constructs and/or installs building frameworks, including wall studs, ceiling grids, and doorframes. Duties may also include installation of millwork, ceiling tiles, drywall, and wall coverings. May instruct and direct laborers and other construction trade helpers.

Requires a minimum of three (3) years of experience, or as required by specific tasks.

Painter

Applies paint, stain, and coatings to walls, trim, millwork, and other surfaces. Duties typically include covering floors and furniture with drop-cloths and tarps to protect surfaces; removing fixtures such as pictures, door knobs, or electric switch covers; filling holes and cracks with caulk, putty, plaster, or other compounds; preparing surfaces by scraping, wire brushing, or sanding to a smooth finish; calculating the area to be painted and the amount of paint needed; applying primers, paint or other finishes using hand brushes, rollers, or sprayers. May instruct and direct laborers and/or helpers.

Requires a minimum of three (3) years of experience, or as required by specific tasks.

Flooring Technician

Installs floor coverings using various materials including laminate, linoleum, vinyl, rubber, cement, carpet, wood, or tile. Inspects and cleans surface in preparation for material; measures area to determine the number of materials needed; confers with TRS Project Manager to determine ideal material and layout; corrects defects such as a sub-floor that is not level;

sweeps, scrapes, sands, or chips dirt and irregularities from base surfaces, and fill cracks with putty, plaster, or cement grout to form smooth foundation. May instruct and direct laborers and/or helpers.

Requires a minimum of three (3) years of experience, or as required by specific tasks.

Basic Helper/Laborer

Performs a variety of basic tasks, including demolition and site preparation, by removing debris and possible hazards; loads or unloads materials to be used in construction; builds or takes apart bracing, barricades, forms, scaffolding, and temporary structures. Assists other craft workers with their duties, performing a wide range of very easy to difficult tasks.

Requires a minimum of one (1) year of experience, or as required by specific tasks.

D. Invoicing Requirements NOTICE: Contractors must use the TRS vendor portal, Procurement and Vendor E-System

(PAVES) to submit invoices. For more information, go to: https://www.trs.texas.gov/Pages/procurement_PAVES.aspx.

Invoices may be submitted upon completion and acceptance of each job. No invoice will be processed for payment without the associated Contract number.