ESBD_358126_1714686456241_CSP-754-JOC-2024.pdf

Show CSP Number, Opening Date and Time on Return Envelope

COMPETITIVE SEALED PROPOSAL

CSP #754 –JOC-2024

For selection of a qualified and experienced Contractor for Job Order Contracting located on the San Marcos Campus.

PROPOSAL MUST BE RECEIVED AT THE DESIGNATED LOCATION SPECIFIED IN THIS

SOLICITATION ON OR BEFORE:

SUBMITTAL DEADLINE: May 30, 2024, at 2:00 P.M. C.S.T.

MAIL, COURIER, or HAND DELIVER PROPOSAL TO:

Texas State University ATTN: Allison England

Facilities Planning, Design and Construction 151-2 E. Sessom, Physical Plant, Ste. 104

San Marcos, TX 78666-4616

NOTES TO POTENTIAL RESPONDENTS:

Responses to this solicitation (Proposals) must be received at the location designated above and time stamped on or before the time and date specified in this solicitation in order to be considered.

Due to the nature of the solicitation and evaluation process being utilized, after receipt of proposals only the names of Respondents will be made public. Pricing will be read aloud on the date and time specified in Section 2.3. All other proposal details will only be divulged upon written request after the contract award if one is made. All proposals submitted shall become the property of the State of Texas upon receipt.

Issued on: May 2, 2024

Section 1 - General Information and Requirements

1.1 General Information

1.2 Public Information

1.3 Type of Contract

1.4 Clarifications and Interpretations

1.5 Submission of Proposals

1.6 Point-Of-Contact

1.7 Evaluation of Proposals

1.8 University’s Reservation of Rights

TABLE OF CONTENTS

Section 2 - Executive Summary

2.1 Historical Background

2.2 Mission Statement

2.3 Project Description and Scope, and budget

2.4 Project Planning Schedule

Section 3 – Requirements for Competitive Sealed

Proposal

3.1 Respondent’s Ability To Provide

Construction Services

1.9 Acceptance of Evaluation Methodology

1.10 No Reimbursement for Costs

1.11 Non-Mandatory Pre-Proposal Conference

1.12 Eligible Respondents

1.13 Historically Underutilized Business

Submittal Requirements

1.14 Certain Proposal and Contract

Prohibited

1.15 Sales and Use Taxes

1.16 Certification of Franchise Tax Status

1.17 Required Notices of Worker’s

Compensation Insurance Coverage

1.18 Insurance Requirements

1.19 Prevailing Wage Rate Determination

1.20 Child Support Obligation Affirmation

1.21 Nondiscrimination

1.22 Required Posting of Contracts

1.23 Non-Boycott Verification

1.24 Cybersecurity Training Program

1.25 Payment Terms

1.26 Criminal Background Checks

1.27 Contract Administration

1.28 COVID-19 Vaccine Passport Prohibition

1.29 Critical Infrastructure Affirmation

1.30 Energy Company Boycotts

1.31 Firearm Entities & Trade Association

Discrimination

3.2 Qualifications of Construction Team & The

Execution of Services

3.3 Respondent’s Past Performance on

Representative Projects

3.4 Respondent’s Past Performance on

University, State-Funded or Major Institutions of Higher Education Projects

3.5 Respondent’s Project Planning and

Scheduling for A Typical JOC Project.

3.6 Respondent’s Quality Control and

Commissioning Program for a JOC Project

3.7 Respondent’s Project Safety Program for

a Typical JOC Project

3.8 Pricing and Delivery Proposals

Section 4 - Format of Proposals

4.1 General Instructions

4.2 Page Size, Binding, Dividers and Tabs

4.3 Table of Contents

4.4 Pagination

Section 5 – Uniform General Conditions

Respondent’s Pricing and Delivery Proposal Respondent’s Execution of Offer Sample Contract HUB Subcontracting Plan

COMPETITIVE SEALED PROPOSALS FOR GENERAL CONTRACTOR

TEXAS STATE UNIVERSITY

SAN MARCOS, TEXAS

Job Order Contracting

CSP #754 – JOC- 2024

SECTION 1 – GENERAL INFORMATION AND REQUIREMENTS

1.1 GENERAL INFORMATION: Texas State University (“University”) is soliciting Competitive Sealed Proposals (“Proposals”) for selection of a General Contractor firm for the Job Order Contracting (JOC) (“Project”), in accordance with the terms, conditions, and requirements set forth in this Request for Competitive Sealed Proposals. Prospective General Contractor entities are hereinafter referred to as “Respondents”.

1.1.1 This Request for Competitive Sealed Proposals (“CSP”) is the only step for selecting a General Contractor for the Project as provided by Texas Education Code Section 51.783. The CSP provides the information necessary to prepare and submit Competitive Sealed Proposals for consideration and ranking by the University.

1.1.2 The University will select the Proposal that offers the “best value” for the institution based on the published selection criteria and on its ranking evaluation. The University shall first attempt to negotiate a contract with the highest ranked Respondent. The University may discuss with the highest ranked Respondent options for a scope or time modification and any price change associated with the modification including solicitation of a best and final offer. If the University is unable to reach a contract with the selected Respondent, the University may formally end negotiations with that Respondent in writing and proceed to the next “best value” Respondent in the order of the selection ranking until a contract is reached or all Proposals are rejected.

1.1.3 The term of any contract(s) resulting from this CSP will be from August 1, 2024, through July 31, 2025. In accordance with the Texas State University System’s Board of Regents rules, Policies and Procedures Manual for Planning and Construction, Section 2.10, this contract may not exceed $6,000,000 per the life of the contract.

1.2 PUBLIC INFORMATION: Information, documentation, and other material 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”). In accordance with Section 2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the University pursuant to the contract, and not otherwise excepted from Disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the University.

1.3 TYPE OF CONTRACT: Any contract resulting from this solicitation will be in the form of the University’s

Standard General Contractor Agreement, a sample of which is attached as Attachment A.

1.3.1 The work will be awarded under as a Lump-Sum contract to the Respondent offering the “best value” to the University.

1.3.2 If Respondent takes exception to any terms or conditions set forth in the Sample Agreement, Respondent must submit a written list of the exceptions prior to the submittal deadline.

1.4 CLARIFICATIONS AND INTERPRETATIONS: Discrepancies, omissions, or doubts as to the meaning of CSP documents shall be communicated in writing to the University for interpretation. Any responses to inquiries, clarifications, or interpretations of this CSP that materially affect or change its requirements will be formally issued by the University as a written addendum. All such addenda issued by the University before the Proposals are due are considered to be part of the CSP. Respondent shall acknowledge receipt of each addendum in its Proposal. Respondents shall consider only those clarifications and interpretations that the University issues by addenda. Interpretations or clarifications in any other form, including oral statements, will not be binding on the University, and should not be relied upon in preparing the Proposal. It is the responsibility of all Respondents to check the status of formal addenda five (5) days before the submission deadline (see Section 2.4 for submission date).

1.4.1 ADDENDA AND AWARD INFORMATION WILL BE ISSUED BY THE UNIVERSITY FOR

THIS CSP VIA THE ELECTRONIC STATE BUSINESS DAILY (ESBD) WEBSITE AT THE

FOLLOWING LINK: http://www.txsmartbuy.com/sp REFERENCE “TEXAS STATE

UNIVERSITY – 754” AND THE CSP NUMBER PROVIDED IN THIS SOLICITATION.

1.4.2 No oral explanation in regard to the meaning of the Bidding Documents will be made and no oral instructions will be given before the award of the contract. Discrepancies, omission or doubts as to the meaning of Drawings and Specifications shall be communicated in writing to the University contract for interpretation.

1.5 SUBMISSION OF PROPOSALS:

1.5.1 The Respondent’s Qualifications, Execution of offer, and Pricing Delivery Proposal must be received at the address specified in Section 1.5.2 prior to the deadline. Please note that overnight deliveries such as FedEx and UPS arrive at a central campus location but are not usually delivered to the specified location until after the time deadline. Respondents are advised to use other methods of delivery or, if using an overnight delivery service, to send the responses a day earlier than usual. The University will not consider any response to this solicitation that is not received at the address specified by the deadline, regardless of whether it has been received by the University.

1.5.2 PROPOSAL DEADLINE, AND LOCATION: The University will receive Proposals at the time and location described below. The Proposal must be packaged in two (2) separate sealed packages,

1) the Qualifications with signed Execution of Offer; and 2) the Pricing and Delivery Proposal, addressed to the point of contact in Section 1.6. Clearly mark the exterior of all envelopes to identity the documents contained therein. INCLUDE THE NAME AND EMAIL ADDRESS

OF THE RESPONDENT’S CONTACT PERSON ON ALL ENVELOPES.

May 30, 2024, at 2:00 p.m. (C.S.T.)

Allison England Buyer III, Facilities Planning, Design, and Construction Texas State University 151-2 East Sessom Drive, Suite 104 San Marcos, Texas 78666 Acq15@txstate.edu

1.5.3 HUB SUBCONTRACTING PLAN DEADLINE AND LOCATION: The Respondent shall submit a Historically Underutilized Businesses (“HUB”) Subcontracting Plan, (Attachment B) at the time and location described below. The HUB Subcontracting Plan (“HSP”) shall be submitted in a sealed envelope, addressed to the Point-of-Contact identified in Section 1.6. Clearly mark the exterior of the envelope to identity the documents contained therein.

INCLUDE THE NAME AND EMAIL ADDRESS OF THE RESPONDENT’S CONTACT

PERSON.

May 30, 2024 at 2:00 p.m. (C.S.T.)

http://www.txsmartbuy.com/sp mailto:Acq15@txstate.edu

Allison England Buyer III, Facilities Planning, Design, and Construction Texas State University 151-2 East Sessom Drive, Suite 104

Acq15@txstate.edu

1.5.4 The names of Respondents who properly submitted Proposals will be opened publicly and read aloud pursuant to Section 51.783(f) of the Texas Education Code after the HUB Subcontracting Plans are received and confirmed by the University. These readings will be conducted at the Texas State University Office of Facilities, Planning Design and Construction located at:

Physical Plant Texas State University 151-2 East Sessom Drive, Suite 125 San Marcos, Texas 78666

1.5.5 The Pricing and Delivery Proposal packages will be opened publicly, and the names of Respondents and all prices stated in each Proposal will be read aloud pursuant to Section 51.783(f) of the Texas Education Code on the date indicated in the Project Planning Schedule (see Section 2.4). These readings will be conducted at the Texas State University Facilities Planning, Design, and Construction (FPDC) office conference room, PPA 125 (see Section 2.4 for time and date).

1.5.6 Submit one (1) original and five (5) identical hard copies of the Qualifications with Execution of Offer.

An original signature must be included on the “Respondent’s Execution of Offer” document submitted with each copy. Submit one (1) electronic copy of the Qualifications with signed Execution of Offer, in Adobe PDF format by flash drive or CD. Do not include the Price and Delivery Proposal information with the electronic Qualifications/ Execution of Offer.

1.5.7 Submit two (2) identical hard copies of the Pricing and Delivery Proposal. An original signature must be included on the Respondent’s “Pricing and Delivery Proposal” document submitted with each copy. Do not submit electronic copies of the Pricing and Delivery Proposal.

1.5.8 Submit one (1) original copy of the HUB Subcontracting Plan as described in Section 1.13.

Submit one (1) electronic copy of the HUB Subcontracting plan with signatures. Do not submit the Pricing and Delivery Proposal information with the electronic HSP files.

1.5.9 Proposals or HUB Subcontracting Plans received after the stated official submittal deadline will be returned to the Respondent unopened. The Point-of-Contact identified in Section 1.6 will identify the official time clock at the Proposal submittal location identified above.

1.5.10 The University will not acknowledge or consider Proposals or HUB Subcontracting Plans that are delivered by telephone, facsimile (fax), or electronic mail (e-mail).

1.5.11 Properly submitted Proposals and HUB Subcontracting Plans will not be returned to the Respondents.

mailto:Acq15@txstate.edu

1.6 POINT-OF-CONTACT: The University designates the following person as its representative and Point- of- Contact for this CSP. Respondents shall restrict all contact with the University and direct all questions regarding this CSP, including questions regarding terms and conditions, in writing, to the Point-of-Contact person, via email only.

Allison England Buyer III, Facilities Planning, Design, and Construction Texas State University 151-2 East Sessom Drive, Suite 104

E-mail: acq15@txstate.edu

1.7 EVALUATION OF PROPOSALS: The evaluation of the Proposals shall be based on the requirements described in this CSP. Sixty percent (60%) of the evaluation will be based on the Respondent’s Pricing and Delivery Proposal. The remaining forty percent (40%) of the evaluation will be based on the Respondent’s qualifications. All properly submitted Proposals will be reviewed, evaluated, and ranked by the University.

1.8 UNIVERSITY’S RESERVATION OF RIGHTS: The University may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. The University reserves the right to divide the Project into multiple parts, to reject any and all Proposals to the current solicitation and reissue a completely new solicitation involving the same Project, or to reject any and all Proposals and temporarily or permanently abandon the Project. University makes no representations, written or oral, that it will enter into any form of agreement for any project with any Respondent to this CSP and no such representation is intended or should be construed by the issuance of this CSP. The University reserves the right to waive the failure of any response to comply with requirements set forth in this CSP where the failure is not, in the University’s opinion, substantial in nature.

1.9 ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting a Proposal in response to this CSP, the

Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” Respondent will require subjective judgments by the University. The results of the most qualified determination will be combined with the Pricing and Delivery evaluation results to determine the best value proposition for the University.

1.9.1 The University reserves the right to consider any Proposal “non-responsive” if the Base Proposal Cost is determined to be unreasonable or irresponsible in relation to the other submitted Proposals and/or the University’s estimate of the construction cost.

1.10 NO REIMBURSEMENT FOR COSTS: Respondent acknowledges and accepts that any costs incurred from the

Respondent’s participation in this CSP process shall be at the sole risk and responsibility of the Respondent.

1.11 NON-MANDATORY PRE-PROPOSAL CONFERENCE: A Non-Mandatory Pre-Proposal conference will be held Tuesday, May 7, 2024, at 10:00 a.m., C.S.T., at:

Physical Plant PPA 125 151-2 East Sessom Drive, San Marcos, TX 78666

Pre-Proposal Conference Location Map:

https://map.concept3d.com/?id=308#!m/323

1.12 ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may apply (This does not preclude a Respondent from using consultants.) The University will contract only with the individual firm or formal organization that submits a Proposal.

1.13 HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITTAL REQUIREMENTS: All agencies of the State mailto:acq15@txstate.edu of Texas are required to make a good faith effort to assist historically underutilized businesses (each a “HUB”) in receiving contract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state entities. Pursuant to the HUB program, if under the terms of any contract resulting from this CSP, Respondent subcontracts any of the services, then Respondent must make a good faith effort to utilize HUBs certified by the Procurement and Support Services Division of the Texas Comptroller of Public Accounts. Proposals that fail to comply with the requirements contained in this Section 1.13 will constitute a material failure to comply with advertised specifications and will be rejected by University as non-responsive.

Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any contract resulting from this CSP. Respondent acknowledges that, if selected by University, its obligation to make a good faith effort to utilize HUBs when subcontracting any of the services will continue throughout the term of all agreements and contractual arrangements resulting from this CSP. Furthermore, any subcontracting of the Services by the Respondent is subject to review by University to ensure compliance with the HUB program.

The HUB goals per 34 TAC 20.284 are: 11.2% for heavy construction other than building contracts; 21.1% for all building construction, including general contractors and operative builder’s contracts; 32.9% for all special trade construction contracts; 23.7% for professional services; 26.0% for all other services contracts; and 21.1% for commodities contracts.

For additional information regarding any aspect of the University’s HUB Outreach Program, contact HUB Specialist, Procurement & Strategic Sourcing at (512) 245-2521 or HUB@txstate.edu .

1.13.1 Statement of Probability: The University has determined that subcontracting opportunities are probable in connection with this procurement Solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the Respondent's Proposal. The Respondent shall develop and administer a HSP as a part of the Respondent's Proposals. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Proposal.

1.13.2 For further information regarding how to properly prepare a HSP and the forms, please access the following website:

http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/

1.13.3 Submit one (1) original, and one (1) electronic copy, of the HUB Subcontracting Plan (HSP) as a separate package to the Proposal package. The HSP should be clearly identified as specified in Section 1.5.8 and annotated with the words “HUB Subcontracting Plan Enclosed”.

1.13.4 Properly prepared and submitted HUB Subcontracting Plans and Proposals will not be returned to Respondents.

1.13.5 Respondents’ HSPs will be reviewed for completeness prior to evaluations of the Proposals. For disqualified HSPs, the Proposal will be returned to the submitting Respondent, upon written request, after the selection of, negotiation with, and award of the requirements to the successful Respondent.

1.14 CERTAIN PROPOSALS AND CONTRACTS PROHIBITED: Under Section 2155.004, Texas Government

Code, a state agency may not accept a Proposal or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the Proposal or contract is based. All vendors must certify their eligibility by acknowledging the following statement, "Under Section 2155.004, Government Code, the vendor 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." If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded as described above, the state agency may immediately terminate the contract without further obligation to the vendor. This section does not create a cause of action to contest a proposal or award of a state contract.

1.15 SALES AND USE TAXES: Section 151.311, Texas Tax Code, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities that include the University. The section further permits the mailto:HUB@txstate.edu http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/ purchase tax-free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is "necessary and essential for the performance of the contract" and "completely consumed at the job site." In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if "the contract expressly requires the specific service to be provided or purchased by the person performing the contract" or "the service is integral to the performance of thecontract.”

1.16 CERTIFICATION OF FRANCHISE TAX STATUS: Respondents are advised that the successful Respondent will be required to submit certification of franchise tax status as required by State Law (Texas Tax Code, Chapter 171). The contractor agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

1.17 REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE: The Texas Workers' Compensation Commission has adopted a new rule, Texas Administrative Code (TAC) Title 28, Part 2, Chapter 110, Subchapter B, Rule 110.110, relating to REPORTING REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENTAL ENTITIES. The rule applies to all building or construction contracts advertised for bid on or after September 1, 1994. The rule implements Section 406.096, Texas Labor Code, which requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The requirements of the rule are set forth in the Uniform General and Supplementary General Conditions for the Texas State University System Building Construction Contracts.

1.18 INSURANCE REQUIREMENTS: Bonds and insurance requirements are provided in Article 5 of the Uniform

General Conditions and in the University’s Standard Contractor Contract as denoted in Article 1.3 of this CSP.

1.19 PREVAILING MINIMUM WAGE RATE DETERMINATION: Respondents are advised that the Texas Prevailing Wage Law will be administered. The penalty for violation of prevailing wage rates has been increased from $10.00 per underpaid worker per day or portion thereof to $60.00. The Prevailing Wage Rate for Hays County, Texas; Construction Type: Building, can be found on the following website:

https://sam.gov/content/wage-determinations

1.20 CHILD SUPPORT OBLIGATION AFFIRMATION: 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.

1.21 NONDISCRIMINATION: In their execution of this agreement, all Respondents, consultants, their respective employees, and others acting by or through them shall comply with all federal and state policies and laws prohibiting discrimination, harassment, and sexual misconduct. Any breach of this covenant may result in termination of this agreement.

1.22 REQUIRED POSTING OF CONTRACTS: The parties acknowledge that, pursuant to the provisions of Texas Government Code Section 2261.253, this agreement will be posted on the University’s website.

1.23 NON-BOYCOTT VERIFICATION: Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response.

1.24 CYBERSECURITY TRAINING PROGRAM: Pursuant to Section 2054.5192, Texas Government Code, Respondent and its subcontractors, officers, and employees, who are provided credentials granting access to Component’s computer system also known as Component’s information system, must complete a cybersecurity training program certified under Section 2054.519, Texas Government Code as selected by the Component. The cybersecurity training program must be completed during the term and any renewal period of this Agreement. The contractor shall verify in writing completion of the program of the Component within the first thirty (30) calendar https://sam.gov/content/wage-determinations days of the term and any renewal period of the Agreement. Failure to comply with the requirement of this section are grounds for termination for cause of the Agreement.

1.25 PAYMENT TERMS: University shall pay for work performed under any contract resulting from this Solicitation in accordance with Texas Government Code, Section 2251.021. The University’s standard terms of payment are Net 30 days; however, it will consider alternate payment terms if determined to be in the best interest of the University.

1.26 CRIMINAL BACKGROUND CHECKS: Successful Respondent(s) shall be required to provide criminal background checks on employees that will be assigned to work on campus. Successful Respondent(s) will provide representation that it has conducted the following background checks on its officers, employees, or other persons it causes to be on the campus:

1.26.1 Sex offender and criminal history data bases where the above individuals will be placed on campus, working with or around students.

1.26.2 Criminal history and credit history background checks where the above individuals will be handling money, informational technology, or other security-sensitive areas as determined by University.

1.26.3 Provider will determine on a case-by-case basis whether each individual assigned to perform the Work is qualified to provide the services. Provider will not knowingly assign any individual to provide services on University's premises who has a history of criminal conduct unacceptable for a university campus or healthcare center, including violent or sexual offenses.

1.26.4 Provider will provide University a letter signed by an authorized representative of Provider certifying compliance with this Section. Provider will provide University an updated certification letter each time there is a change in the individuals assigned to perform Work on the university campus.

1.27 CONTRACT ADMINISTRATION: The University will monitor the successful Respondent’s progress and performance and ensure services conform to the established specifications and requirements. At the conclusion of each project or contract term, the University will complete a Contractor/Vendor Evaluation (see Exhibit E of the attached, sample agreement). The evaluation is based on assessment of the output and outcome measures and compliance with the terms and conditions of the Contract. Contract monitoring and performance evaluations will be performed by the Contract Administrator or Contract Manager.

1.28 COVID-19 VACCINE PASSPORT PROHIBITION: Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

1.29 CRITICAL INFRASTRUCTURE AFFIRMATION: Pursuant to Texas Government Code, Section 2274.0102, Respondent certifies that neither it nor its parent company, nor any affiliate of Respondent or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia or any other country designated by the Governor under Texas Government Code, Section 2274.0103, or (2) headquartered in any of those countries.

1.30 ENERGY COMPANY BOYCOTTS: If Respondent is required to make a verification pursuant to Section

2274.002 to the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

1.31 FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION: Respondent verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section

2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify University.

SECTION 2 – EXECUTIVE SUMMARY

2.1 HISTORICAL BACKGROUND: Texas State University is a public research university located in San Marcos Texas with a second campus in Round Rock, Texas. It serves over 38,000 students, offering over 200 bachelor’s, master’s, and doctoral degree programs. Texas State University is also classified as a Carnegie “R2: Doctoral Universities – High research activity” and an “emerging research university” by the State of Texas with over $100M a year in research expenditures. It is comprised of over 8M gross square feet in facilities and its campuses are located on over 600 acres with an additional 4,000 acres of agriculture, research, and recreational areas.

Founded in 1899 to prepare the best teachers in the state, Texas State University has a legacy of preparing students to make an impact in the world, including Lyndon B. Johnson, the only U.S. president to graduate from a college in Texas.

Texas State University is deeply committed to the success of all students while pursuing Carnegie’s “R1: Doctoral Universities – very high research activity” classification. The university is developing a strategic plan to enhance its R&D and intellectual property portfolio, expand its Ph. D. programs, and increase opportunities for post-doctoral research while also developing strategies to further student success.

The university welcomed its 10th president, Kelly R. Damphousse, to the top post in July 2022.

2.2 MISSION STATEMENT: Texas State University is a doctoral-granting, student-centered institution dedicated to excellence and innovation in teaching, research, including creative expression, and service. The university strives to create new knowledge, to embrace a diversity of people and ideas, to foster cultural and economic development, and to prepare its graduates to participate fully and freely as citizens of Texas, the nation, and the world.

2.3 PROJECT DESCRIPTION AND SCOPE: See Attachment “A”, JOC Specification.

Texas State University Construction Standards will be followed and are available here:

https://www.facilities.txst.edu/pdc/construction-standards/construction-standards-list.html

2.4 PROJECT PLANNING SCHEDULE: Key Project planning schedule milestones are:

2.4.1 CSP Posted ............................................................................................................... 05/02/2024

2.4.2 CSP Submission of Written Questions Deadline (12:00pm) .................................... 05/10/2024

2.4.3 Receive Proposals by 2:00 p.m ................................................................................. 05/30/2024

2.4.4 Receive HSP by 2:00 p.m ......................................................................................... 05/30/2024

2.4.5 Read Respondents name aloud at 2:00 p.m .............................................................. 05/30/2024

2.4.6 Notice of Intent to Award ......................................................................................... 06/20/2024

2.4.7 Execute General Contractor Agreement ................................................................... 06/20/2024

The above schedule of events represents a basic timeline for the Project. A final Project timeline will be developed with the University later. The University can be expected to work with the highest-ranking Respondent to validate and improve on this initial schedule.

SECTION 3 – REQUIREMENTS FOR COMPETITIVE SEALED PROPOSALS

Respondents shall carefully read the information contained in the following criteria and submit a complete Statement of Qualifications inclusive of all questions in Section 3.1 through 3.7. Under a separate sealed package Respondent shall read and submit the information contained in Section 3.8. The entire Competitive Sealed Proposal shall be formatted as directed in Section 4. Incomplete Proposals will be considered non- responsive and subject to rejection.

3.1 CRITERION ONE: RESPONDENT’S ABILITY TO PROVIDE CONSTRUCTION SERVICES (1%):

3.1.1 Provide a brief history of Respondent’s firm.

3.1.2 Provide the following information on your firm for the past five (5) fiscal years:

Volume:

Annual number, value and percent change of contracts in Texas per year Annual number, value and percent change of contracts nationally per year

Revenues:

Annual revenue totals and percent change per year

Bonding:

Total bonding capacity Available bonding capacity and current backlog

3.1.3 State whether your firm is currently for sale or involved in any transaction to expand or to become acquired by another business entity. If so, explain the impact both in organization and company direction.

3.1.4 Provide details of any past or pending litigation, or claims filed, against your firm that may affect your performance under a contract with the University.

3.1.5 State whether your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If so, specify date(s), details, circumstances, and prospects for resolution.

3.1.6 State whether your firm has ever failed to complete any work which it was awarded.

3.1.7 Does any relationship exist by relative, business associate, capital funding agreement, or any other such kinship between your firm and any University employee, officer, or Regent? If so, please explain.

3.2 CRITERION TWO: QUALIFICATIONS OF CONSTRUCTION TEAM AND THE EXECUTION OF

SERVICES (35%):

3.2.1 Provide information on your Firm’s relevant experience, with an emphasis on your experience completing projects awarded through a JOC Program.

3.2.2 Provide an organizational chart along with a resume for each of the Respondent’s team members that will be assigned to and directly involved in the Projects, including their roles, responsibilities and experience with similar projects, the number of years with the firms, and the city of residence of each such person. Include as applicable Project Managers Superintendents, Assistant Project Managers and Superintendents, Estimators, Expeditors, Project Schedulers, Quality Control Inspectors, and Safety Coordinator/Assistants.

3.2.3 Provide the contractor office location from which the assigned team will be mobilized and its relative distance to the Texas State University campuses in San Marcos and Round Rock, Texas.

3.2.4 Describe the potential availability of the team assigned to JOC program during project work hours.

3.2.5 Describe, in chart and written form, the proposed Project assignments and lines of authority and communication for each team member to be directly involved in the JOC Projects.

3.2.6 Provide additional supporting information, not requested above, that you believe pertinent to your

Firm’s ability to provide JOC services as described in the solicitation.

3.3 CRITERION THREE: RESPONDENT’S PAST PERFORMANCE ON REPRESENTATIVE PROJECTS

(25%):

Identify and describe the Respondent’s past performance on Construction projects for “major” institutions of higher education and/or state and local governments (or similar) for five (5) projects within the last three (3) years that were in the $5K to $500K range that would be representative of typical university projects. These should be of a comparable size and scope and include demonstrated ability to deliver MEP repairs and replacements, renovations to classrooms, offices, laboratories, millwork & finishes, site work & flat work, utilities, and landscaping. Provide the following information for each of the five (5) projects on no more than two pages each using the same order and numeration as follows:

Project name, location, contract delivery method, and description Photographic color images of exterior, interior and floor plans and site plans if applicable Original and final construction costs. Explain the reasons for any deviations.

Final project size in gross square feet Type of construction (new, renovation, or expansion) Dates of the Notice to Proceed, originally planned and actual Substantial Completion, and Final

Payment dates for construction services. Explain reasons for any deviation.

Name of Project Manager (individual responsible to the owner for the overall success of the project) Name of Project Superintendent(s) (individual responsible for coordinating the day-to-day work) Names of Mechanical, Plumbing, Electrical and other major subcontractors.

References (for each project listed above, identify the following):

The owner’s name and representative who served as the day-to-day liaison during construction, including telephone number and email address.

Architect/Engineer’s name and representative who served as the day-to-day liaison during construction, including telephone number and email address.

Length of business relationship with the owner.

References shall be considered relevant based on specific project participation and experience with the Respondent. The University may contact references during any part of this process. The University reserves the right to contact any other references at any time during the CSP process.

3.4 CRITERION FOUR: RESPONDENT’S PAST PERFORMANCE ON UNIVERSITY, STATE-FUNDED

PROJECTS, OR MAJOR INSTITUTIONS OF HIGHER EDUCATION (30%):

3.4.1 Identify and provide a complete list of projects the Construction Team completed on Texas State University projects and/or state and local governments within the last five (5) years. Provide not less than three but not more than five examples. Project team personnel who are listed in Article 3.2.1 are preferred for the projects listed in 3.4. List the projects in order of priority, with the most relevant project listed first.

If the Respondent has not previously provided construction services for the University, then identify and describe the Respondent’s past performance on construction projects for “major” institutions of higher education (or similar) within the last five (5) years. Projects may repeat with Section 3.3 above.

In either case above, provide the following information for each project listed:

Project name, location, contract delivery method, and description Color images (photographic or machine reproductions) Original and final construction cost Categorize the change order (s) value in terms of University Added Scope, Error and Omission (both

Architect/Engineer and Contractor) or Unforeseen.

Final project size in gross square feet Type of construction (new, renovation, or expansion) Dates of the actual Notice to Proceed, original Substantial Completion, actual Substantial Completion, and Final Payment dates for Construction Services Name of Project Manager (individual responsible to the University for the overall success of the project) Name of Project Superintendent (individual responsible for coordinating the day-to-day work)

3.5 CRITERION FIVE: RESPONDENT’S PROJECT PLANNING AND SCHEDULING FOR A TYPICAL JOC

PROJECT (7%):

3.5.1 Describe what you perceive are the critical Construction issues for a typical JOC remodel or renovation project.

3.5.2 Describe your firm’s experience with CostWorks software in the construction cost estimating process;

proficiency with Excel and Project Management software.

3.5.3 Describe Respondent’s approach to assuring timely completion of this Project, including methods for schedule recovery, if necessary. From any three (3) of the projects listed in response to Section

3.3 or 3.4 of this CSP, provide examples of how these techniques were used, including specific scheduling challenges/requirements and actual solutions.

3.6 CRITERION SIX: RESPONDENT’S QUALITY CONTROL AND COMMISSIONING PROGRAM FOR A

JOC PROJECT (1%)

3.6.1 Describe Respondent’s quality control program. Explain the methods used to ensure quality control during the construction phase of a project. Provide specific examples from one (1) of the representative projects, listed in response to Section 3.3 of this CSP of how Respondent’s quality control program overcame a difficult constructability issue and resulted in a higher quality project.

3.6.2 Describe how your quality control team will measure the quality of construction and commissioning performed by trade subcontractors on this Project, and how you will address non-conforming work.

3.6.3 Provide your Experience Modification Rate (EMR) for the past five years.

3.6.4 Provide any certifications such as, but not limited to, ISO 9001-2000.

3.6.5 Describe how you will address warranty issues and provide two examples of how it was addressed on prior construction projects.

3.6.6 Describe all commissioning processes that your firm has provided on previous relevant/similar JOC related Project(s).

3.7 CRITERION SEVEN: RESPONDENT’S PROJECT SAFETY PROGRAM FOR A TYPICAL JOC PROJECT (1%):

3.7.1 Describe your job site safety program for this and previous JOC related Project(s) and specific safety policies in which employees must be in compliance.

3.7.2 Identify any deaths that have occurred on a project site controlled by your firm, or any subcontractor(s) (at any contractual level), that had a death on your project site. If so, describe how you have revised your program.

3.7.3 Provide any safety awards given to your firm by recognized industry associations in the past five years.

3.8 CRITERION EIGHT: PRICING AND DELIVERY PROPOSALS

3.8.1 Complete the “Respondent’s Pricing and Delivery Proposal”.

3.8.2 If the University has not made an award within ninety (90) calendar days after Proposals are received, Respondents may withdraw their Proposals without prejudice; however, Respondents have the option to extend the time in which their Proposals will be honored after this ninety (90) day period.

SECTION 4 – FORMAT OF PROPOSALS

4.1 GENERAL INSTRUCTIONS

4.1.1 Proposals shall be prepared SIMPLY AND ECONOMICALLY, providing a straight-forward CONCISE description of the Respondent's ability to meet the requirements of this CSP. Emphasis shall be on the QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of University's needs.

4.1.2 Proposals shall be a MAXIMUM OF FIFTY (50) PRINTED PAGES SINGLE-SIDED OR TWENTY-

FIVE (25) DOUBLE-SIDED (Not including the HSP). The cover, table of contents, divider sheets, HSP (Section 1.13), and Pricing and Delivery Proposal and Execution of Offer do not count as printed pages.

4.1.2.1 Proposals shall be submitted as three (3) separate sealed documents: 1) Statement of Qualifications/Execution of Offer, 2) Pricing and Delivery Proposal, and 3) HSP. The HSP shall be submitted separately on the date, time, and location in Article 1.5.2.

4.1.3 Respondents shall carefully read the information contained in this CSP and submit a complete response to all requirements and questions as directed. Incomplete Proposals will be considered non-responsive and subject to rejection.

4.1.4 Proposals and any other information submitted by Respondents in response to this CSP shall become the property of the University.

4.1.5 Proposals that are qualified with conditional clauses, alterations, items not called for in the CSP documents, or irregularities of any kind are subject to rejection by the University, at its option.

4.1.6 The University makes no representations of any kind that an award will be made as a result of this CSP.

The University reserves the right to accept or reject any or all Proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this CSP when deemed to be in University's best interest.

4.1.7 Qualifications shall consist of answers to questions identified in Section 3 of the CSP. It is not necessary to repeat the question in the Qualifications; however, it is essential to reference the question number with the corresponding answer.

4.1.8 Failure to comply with all requirements contained in this CSP may result in the rejection of the

Proposals.

4.2 PAGE SIZE, BINDING, DIVIDERS, AND TABS:

4.2.1 Proposals shall be printed on letter-size (8-1/2” x 11”) paper and assembled with spiral-type bindings or staples. DO NOT USE METAL-RING HARD-COVER BINDERS.

4.2.2 Additional attachments shall NOT be included with the Proposals.

4.2.3 Submittal pages should have a minimum font size of 11.

4.2.4 Separate and identify each criterion response to Section 3 of this CSP by use of a divider sheet with an integral tab for ready reference. Section 3.8 shall be submitted under a separate sealed package.

4.3 TABLE OF CONTENTS:

4.3.1 Submittals shall include a “Table of Contents” and give page numbers for each part of the Qualifications.

4.4 PAGINATION:

4.4.1 Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.); the Respondent is not required to number the pages of the HSP.

SECTION 5– UNIFORM GENERAL CONDITIONS

5.1 UNIFORM GENERAL CONDITIONS

https://gato-docs.its.txstate.edu/jcr:54e2bcd3-0afa-4314-874c-8577efa7ac1f/2021.12.03%20- %20TSUS%20UGCs%20(final).pdf

RESPONDENT’S PRICING AND DELIVERY PROPOSAL

CSP No.: 754-JOC-2024

Project Name: Job Order Contracting – (JOC)

From: Respondent’s Name:

Mailing Address:

City, State, Zip Code:

Phone Number:

To: Gordan Bohmfalk

Director Facilities Planning, Design, and Construction

San Marcos, Texas

Having carefully examined the Uniform General Conditions for Construction Contracts (UGC), the Specifications and addenda thereto, the undersigned proposes to furnish all labor, materials, and equipment necessary to achieve the work in accordance with the Contract Documents for the following sum:

The proposed coefficient of multiplied by the unit price listed in RSMeans “Total Including Overhead & Profit (O&P)” (adjusted for the city cost index for Austin, Texas, postal code 786XX) determines that actual cost of each line item. (The coefficient must be indicated as a decimal number not as percentage, example .85 or 1.20, which would be 85% or 120% of the RSMeans’ “Total Including O&P”.)

Alternate Pricing Schedule:

Various types of general contracting work may be of a specialized nature where Cost Works/ RS Means pricing is not available. In these limited circumstances, as determined and established by the University, pricing will be determined using a Fixed Price Base on Hourly Rate.

Billing rates shall remain fixed price based on hourly rate during the term of this Contract. The billing rates are as follows:

Straight time (M-F) 8:00 a.m. – 5:00 p.m. $ /hr.

Overtime (M-F) 5:01 p.m. – 7:59 a.m. $ /hr.

Saturdays and Sundays: $ /hr.

Holidays, University Observed: $ /hr.

Supplies and Material: Cost plus %

Successful respondents will be required to submit receipts on all supplies and materials purchased to complete the projects. Travel time or costs associated with employee's residence to job site or job site to University is not reimbursable.

1.1 CSP SCHEDULE:

2.4.1 CSP Posted ............................................................................................................... 05/02/2024

2.4.2 CSP Submission of Written Questions Deadline (12:00pm) .................................... 05/10/2024

2.4.3 Receive Proposals by 2:00 p.m ................................................................................. 05/29/2024

2.4.4 Receive HSP by 2:00 p.m ......................................................................................... 05/30/2024

2.4.5 Read Respondents name aloud at 2:00 p.m .............................................................. 05/30/2024

2.4.6 Notice of Intent to Award ......................................................................................... 06/20/2024

2.4.7 Execute General Contractor Agreement ................................................................... 06/20/2024

1.2 CSP ADDENDA: Receipt is hereby acknowledged of the following addenda issued for this CSP - initial where applicable.

CSP No. 1 CSP No. 2 CSP No. 3 CSP No. 4 CSP No. 5

1.3 LIQUIDATED DAMAGES: The undersigned agrees that, from the compensation otherwise to be paid, the University may withhold the sum of Five Hundred Dollars ($500) per calendar day for each calendar day after the Substantial Completion Date that the work remains incomplete, which sum is agreed upon as the amount of liquidated damages which the University will sustain per diem by the failure of the Undersigned to complete the work at the time stipulated in the Contract. This sum constitutes a reasonable estimate of the University’s actual damages and is not intended as a penalty.

1.4 PAYMENT AND PERFORMANCE…