ESBD_362177_1721428064276_THC 808-24-242165 RFP Palmito Ranch Platform Construction Services.pdf

Texas Historical Commission RFP No. 808-24-242165

- 1 -

Request for Proposals for a General Contractor to provide Construction Services

FOR

Viewing Platform for

Palmito Ranch Battlefield State Historic Site Brownsville, Texas

RFP# 808-24-242165

THC CONTACT: ISSUE DATE: July 19, 2024 Mary Beth Hanna, THC Purchaser, CTCD, CTCM PROPOSALS DUE DATE: August 20, 2024 at (512) 463-5922 marybeth.hanna@thc.texas.gov 2:00 P.M. Central Time mailto:marybeth.hanna@thc.texas.gov

TABLE OF CONTENTS

Signature Page (provided by THC, to be completed by respondent) 3

SECTION I GENERAL 4

Section 1.1 Scope 4 Section 1.2 Definitions 4 Section 1.3 Contract Term 5 Section 1.4 Compensation 5 Section 1.5 Solicitation Protest Procedures 6 Section 1.6 Authority 7

SECTION II STATEMENT OF WORK 8

Section 2.1 Service Requirements 8 Section 2.2 Subcontractors 8 Section 2.3 Performance Tracking 8

SECTION III PROPOSAL INFORMATION 9

Section 3.1 Schedule of Events 9 Section 3.2 Revisions to Schedule 9 Section 3.3 Addenda 9 Section 3.4 Proposal Requirements 9 Section 3.5 Elements of Proposal 11 Section 3.6 Inquires and Exceptions _ 13 Section 3.7 Proposal Submission _ 13 Section 3.8 Delivery of Proposals _ 14 Section 3.9 Scoring Criteria _ 14 Section 3.10 Evaluation and Award _ 15 Section 3.11 Tie Breakers _15 Section 3.12 Past Performance _ 15 Section 3.13 Financial Responsibility and Stability _ 16

SECTION IV GENERAL TERMS AND CONDITIONS ___________________________________ 17

EXHIBITS

Exhibit A Execution of Offer (provided by THC, to be completed by respondent) Exhibit B Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the Offer

(provided by THC, to be completed by respondent) Exhibit C Contractor’s Price Proposal Form (to be completed by respondent) Exhibit D Contractor’s Qualifications Statement (provided by THC, to be completed by respondent) Exhibit E Prevailing Wage Rates (provided by THC, for reference) Exhibit F Performance Bond (provided by THC, for reference) Exhibit G Payment Bond (provided by THC, for reference) Exhibit H Contractor’s Progress Payment Affidavit (provided by THC, for reference) Exhibit I Contractor's Final Payment Affidavit (provided by THC, for reference) Exhibit J Consent of Surety to Final Payment (provided by THC, for reference) Exhibit K Uniform General Conditions and Supplementary Conditions (provided by THC, for reference) Exhibit L Special Conditions (provided by THC, for reference) Exhibit M Construction Documents (provided by THC, for reference) Exhibit N HUB Subcontracting Plan (must be completed and turned in with RFP or will be disqualified)

REQUEST FOR PROPOSALS

SIGNATURE PAGE

ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF THE PROPOSAL.

Return sealed proposals via one of the methods described at paragraph 3.9 below.

Immediately below return address on SEALED ENVELOPE, annotate opening date and request for proposals number. Faxed proposals will not be accepted.

Late submittals will NOT be considered under any circumstances and will be returned unopened.

Proposals are subject to negotiation and therefore only the names and addresses of respondents will be read at a public proposal opening upon request. Award will be posted on https://www.txsmartbuy.com/esbd.

Respondent must sign proposal – the laws of the State of Texas must prevail on all proposals. By signing this signature page, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Bidder as defined in Rule 1 TAC 111.2.

The Payee Identification Number (PIN) is the taxpayer number assigned and used by the Texas Comptroller of Public Accounts. This number needs to be entered in the spaces provided below. If this number is unknown, please enter either your federal employer’s identification Number or if sole owner enter your Social Security Number.

PIN: Phone: ( ) -

Business Name: Fax Number: ( _) -

Address: HUB Certified? [ ] Yes [ ] No

City-State-Zip: HUB #:

Email Address:

Signature: Print Name:

AWARD NOTICE: The State reserves the right to accept or reject all or any part of a proposal and waive minor technicalities. The State will award the contract to best serve the interests of the State. Award will be posted on the Electronic Statewide Business Daily (ESBD) Website after contract has been executed. Award will be posted on https://www.txsmartbuy.com/esbd

NOTE: THIS FORM MUST BE COMPLETED & RETURNED WITH THE SUBMITTAL

https://www.txsmartbuy.com/esbd

REQUEST FOR PROPOSALS

SECTION I

GENERAL INFORMATION

1.1 SCOPE. The State of Texas, by and through the Texas Historical Commission (THC) seeks competitive sealed proposals to establish a contract for General Construction in accordance with the specifications contained in this Request for Proposal (“RFP”). In particular, the services requested herein and to be provided under any contract(s) awarded as a result of this RFP are for the:

Viewing Platform for

Palmito Ranch Battlefield State Historic Site, 43296 Palmito Hill Road, Brownsville, Texas 78521

Class/Item:

914-30 Concrete;

914-57 Metal Work;

914-73 Roofing and Siding 914-85 Welding

1.2 DEFINITIONS.

a) Acceptable Quality Level - The level of performance of requested services below which the contract will not be paid or damages may be assessed;

b) HUB Subcontracting Plan – The Historically Underutilized Business (HUB) Subcontracting Plan (HSP) required by Chapter 2161 of the Texas Government Code (TGC) and by Title 34, Chapter 20, Subchapter, §20.10- §20.28 of the Texas Administrative Code (TAC)

c) Addendum - A modification to the Solicitation issued by the THC and distributed to prospective Respondents via the Electronic State Business Daily prior to the response due date;

d) Awarded Respondent: An entity that has been awarded a contract to provide goods or services;

e) Best and Final Offer (BAFO) - A formal request made to selected Respondents for revisions to the originally submitted Proposal;

f) Contract - The Contract awarded as a result of this Solicitation and all Exhibits thereto. This RFP, any Addenda issued in conjunction with this RFP, the successful Respondent's Proposal, any BAFO, and subsequent submission by Respondent, shall all be fully incorporated therein as Exhibits.

g) Electronic State Business Daily (ESBD) - The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/sp

h) Good Faith Effort – Effort required by respondents when completing the HUB Subcontracting Plan, which demonstrates the respondent has completed one of the following for the planned subcontracting needs: A) Using strictly HUBs for all subcontracting needs, B) Meeting stated agency goal for HUB subcontracted needs using both HUB and Non-HUB respondents, C) Performing “Traditional Good Faith Effort” of notifying two minority/women trade organizations and soliciting bids from three HUBs for each subcontracting opportunity, and allowing seven business days for response, or D) Self-Performing Contract (performing all work with own materials and labor).

http://www.txsmartbuy.com/sp

i) Gov't Code - Texas Government Code.

j) Historically Underutilized Business (HUB) – pursuant to Tex. Govt. Code, Chapter 2161, means a business that is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American and/or an American Woman; United States Veteran with a minimum 20% Disability rating; is an entity with its principal place of business in Texas; and has an owner residing in Texas with proportionate interest that actively participates in the control, operations, and management of the entity’s affairs.

k) Notice to Proceed with Construction - The written notice to be issued to awarded respondent by THC, which shall inform respondent the respective date anticipated for Substantial Completion of the specific phase of Work.

l) OSHA - Occupational Safety and Health Administration, an agency of the United States Department of Labor.

m) Owner - The Texas Historical Commission.

n) Proposal - The response submitted by an entity to the THC as a result of this solicitation.

o) Respondent – Any individual or entity who submits a Proposal in response to this solicitation.

p) RFP - Request for Proposals, which is the type of solicitation in this document.

q) Solicitation – means this Request for Proposals (RFP), including all exhibits, attachments, forms, and addenda.

r) TAC - Texas Administrative Code, which is the publication for administrative rules.

1.3 CONTRACT TERM Any contract resulting from this solicitation will begin Upon Award and expire August 31, 2025.

THC, at its sole option and subject to availability of funding, may extend the initial term and exercise renewal periods for up to one (1) year as necessary to ensure continuity of services as determined by THC.

Construction work is required to commence in accordance with the Notice to Proceed issued by THC. The Contractor will reach Substantial Completion by the date specified in the Notice to Proceed. All project work, including Final Completion and project closeout procedures, shall be completed within the Contract Term.

1.4 COMPENSATION.

A. Basis of Payment. The basis of payment is set forth in Exhibit C, Contractor’s Price Proposal. Acceptance of the work by THC is a condition of payment.

B. Invoices. The awarded Respondent shall request payment by submitting the original of an itemized application for payment in a form acceptable to THC. The invoice shall be supported by documentation required for the basis of payment listed in the Uniform General Conditions (“UGC”), Article 10. Payments. The awarded Respondent may submit an application for payment no more frequently than monthly and no later than ninety days after completing work specified in the contract. Each application for payment shall show the contract number, the total amount earned to the date of submission, and the amount due as of the last date of the payment period noted on the invoice.

C. Withholding Payments. If payment is withheld, THC shall notify the awarded Respondent and specify conditions that would allow the THC to release the payment. THC reserves the right to withhold payment:

(1) If a dispute over the work or costs is not resolved within thirty (30) days;

(2) pending verification that work is satisfactory;

(3) if the awarded Respondent becomes a delinquent obligor under Family Code, §231.006;

(4) if required work product is not received; or

(5) if the Texas Comptroller of Public Accounts will not issue a warrant to the awarded Respondent.

D. Funds Availability. This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Uniform General Conditions for Texas Historical Commission Construction Contracts (UGC) Article 14 shall apply.

E. Debt to the State. If the Texas Comptroller of Public Accounts is prohibited from issuing a warrant to the awarded Respondent because of a debt owed to the State, the State shall apply all payments due the awarded Respondent to the debt until the debt is paid in full.

1.5 SOLICITATION PROTEST PROCEDURES. Pursuant to 13 TAC §11.13:

a) The purpose of this section is to provide an internal protest procedure to be used by any actual or prospective bidder, respondent, proposer, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by the commission from a delegated procurement. The following procedures are available for persons or firms not awarded the contract pursuant to authority delegated to the commission by the Texas Comptroller of Public Accounts or by Texas Government Code, Chapters 2155 - 2158. These procedures are consistent with the rules of the Texas Comptroller of Public Accounts insofar as such rules are applicable to an internal agency review.

b) Any actual bidder or respondent who is aggrieved in connection with the award of a contract may formally protest the award of the contract by submitting a protest to the executive director in accordance with the procedures in this section.

(1) Any bid protest must be in writing and received in the care of the executive director within five working days after the respondent is notified that the award of a contract is forthcoming or otherwise knows, or should have known, of the occurrence of the action which is protested.

(2) Formal protests must conform to the requirements of and shall be resolved in accordance with the procedures set forth in this section.

(3) In the event of a timely protest, the commission shall consider the protest and reply in writing before proceeding with the solicitation or with the award of the contract unless the executive director makes a determination that the award of contract without delay is necessary to protect substantial interests of the state.

(4) If the executive director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, the executive director shall inform the protesting party and other interested parties of that determination by letter. The letter shall set forth the reasons for the determination and may set forth any appropriate remedial action, which may include canceling or voiding the contract to the extent allowed by law.

(5) A bid or a bid protest that is not submitted in a timely manner is not eligible for consideration under this section.

c) A formal protest shall be addressed to the executive director and must be sworn and contain the following:

(1) a specific identification of a statutory or regulatory provision(s) that the action complained of is alleged to have violated;

(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;

(3) a precise statement of the relevant facts;

(4) an identification of the issue or issues to be resolved;

(5) argument and authorities in support of the protest; and a statement that copies of the protest have been mailed or delivered to all other identifiable interested parties. Upon request, the commission will furnish to the requestor a list of interested parties, as reflected in the records of the commission.

d) The executive director may request additional information from the party submitting the protest, any other interested party, or commission staff.

e) If the protest is not resolved by mutual agreement, the executive director will issue a written determination of the protest.

(1) If the executive director determines that no violation of rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination.

(2) If the executive director determines that a violation of the rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination and the appropriate remedial action.

f) Decision by the executive director shall be the final administrative action.

g) The commission will maintain all documentation about the purchasing process to be used in the event of a protest or appeal in accordance with the commission's record retention schedule.

1.6 AUTHORITY. The THC posts this solicitation pursuant to Texas Government Code (TGC) Section 442.101(a)(2) and Chapter 2269, Subchapter D.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

SECTION II

STATEMENT OF WORK

2.1 SERVICE REQUIREMENTS. Services shall include, but are not limited to, the requirements contained in this RFP. In accordance with the approved schedule and price, the awarded respondent shall provide and/or secure and install all materials, labor, coordination, management, and supervisory activities necessary to complete construction of the Project in accordance with the Contract Documents: Drawings and Specifications, Addenda, and Contract Modifications.

The Texas Historical Commission seeks a general contractor firm that has documented experience with projects of the type, scale and scope described in this RFP. Contractor must have a MINIMUM of 8 years’ experience in construction similar to the type of work required by these Contract Documents (as judged by THC) to be eligible for contract award. Preference will be given to respondents who have completed similar projects. THC requires all work to comply with all applicable Federal and State laws, codes, and standards.

The project will generally consist of an elevated viewing platform constructed of concrete piers/columns supporting a steel structure. The viewing deck will be accessed via a ramp. Refer to Exhibit M – Construction Documents for specific project requirements.

This solicitation will include a submittal of company experience and qualifications focusing on projects of similar size and type, and their pricing. Respondents will be evaluated as described in Paragraph 3.11 Scoring Criteria.

2.2 SUBCONTRACTORS. Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Respondent. No subcontract under the Contract shall relieve Respondent of responsibility for ensuring the requested services are provided. Respondents planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors.

2.3 PERFORMANCE TRACKING. THC will monitor the performance of the Contract issued under this Solicitation. All services under the Contract shall be performed at an acceptable quality level and in a manner consistent with industry standard, custom, and practice as acceptable to THC and in a manner consistent with applicable professional guidelines.

SECTION III

PROPOSAL

INFORMATION

3.1 SCHEDULE OF EVENTS. The solicitation process for this RFP will proceed according to the following proposed schedule. The schedule listed is for planning purposes only and subject to change. Any events listed in the Schedule of Events after the Deadline for Submission of Proposals will occur at the discretion of THC. All times are Central Time.

EVENT DATE______________

• Owner Issues RFP/ESBD Posting Date July 19, 2024

• Deadline for Submission of Questions in Writing July 31, 2024

• Official Response to Questions Posted as addendum to ESBD August 07, 2024

• Deadline for Submission of Proposals including HUB August 20, 2024, 2:00 P.M.

Subcontracting Plan (Late proposals will not be considered)

• Anticipated Contract Start Date Upon Award

3.2 REVISIONS TO SCHEDULE. Respondents must adhere to the schedule above. THC reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily (ESBD) as an Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a Proposal. The Respondent's failure to periodically check the ESBD will in no way release the awarded respondent from the requirements of “addenda or additional information” nor will any resulting additional costs to meet the requirements be allowed after the award(s).

3.3 ADDENDA. The THC reserves the right to issue addenda at any time prior to the proposal due date. All addenda will be posted as an addendum on the Electronic State Business Daily. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a bid. The Respondent’s failure to periodically check the ESBD will in no way release the awarded respondent from complying with the information contained therein. All addenda shall be acknowledged as received on the Contractor’s Price Proposal Form.

3.4 PROPOSAL REQUIREMENTS.

Submittal pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal. Additionally, respondent shall provide a formatted USB Flash Drive containing an original, complete copy of the respondent’s proposal to this RFP. The format shall be Adobe Acrobat version

9.0 or higher. Failure to provide the required documentation may result in disqualification of the proposal.

a) Submit the following with authorized signature affixed, if required. In addition to physical copies, submit a USB flash drive containing these documents. If submitting electronically, either print, sign and scan each document or utilize electronic signature software.

Document to be submitted Signature required? # copies

Signature Page- Failure to sign and return with the Submittal will result in rejection of the Submittal. Yes 1

Exhibit A - Execution of Offer - Failure to sign and return with the Submittal will result in rejection of the Submittal. Yes 1

Exhibit B - Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the Submittal -Failure to sign and return with the Submittal will result in rejection of the Submittal.

Yes 1

Exhibit C – Contractor’s Price Proposal-ref 3.11 (a) -Failure to sign and return with the Submittal will result in rejection of the Submittal. Yes 1

Exhibit D – Contractor’s Qualifications Statement-ref 3.11 (b)-Failure to sign and return with the Submittal will result in rejection of the Submittal.

No 1

Documentation of Qualifications of Assigned Staff – ref. 3.11(c)- Failure to sign and return with the Submittal will result in rejection of the Submittal.

No 1

Documentation of Financial Responsibility and Stability – ref 3.6 (g) and 3.15. Yes 1

Signed addenda, if applicable – ref 3.4 Yes 1 each

Proposal security – Bid bond or other form as described at 3.6 (h)- Failure to submit with the Submittal will result in rejection of the Submittal.

Yes 1

Exhibit N – HUB Subcontracting Plan as described at 3.6 (i)-Failure to sign and return with the Submittal will result in rejection of the Submittal.

Yes 1

b) USB drives must not be password-protected. Submission of password-protected USB drives will be considered non-responsive and the Response will be disqualified.

c) In the event of any discrepancies or variations among different copies or different versions of the Proposal, THC is under no obligation to resolve the inconsistencies and may make its scoring and selection decision accordingly, including the decision to disqualify a Solicitation Response. If a digital copy is submitted, THC will consider that to be the original for the purpose of evaluation and selection for negation and Contract award.

d) Costs: The Respondent is solely responsible for all expenses related to the preparation and submission/delivery of its Proposal.

e) Proposals will be subject to the Texas Public Information Act (PIA), Tex. Government Code, Chapter 552, and may be disclosed to the public upon request. The Proposal and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. However, subject to the Act, Respondents may protect trade and confidential information from public release. Respondent is required to make any information created or exchanged with the State pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format this is accessible by the public at no additional charge to the state.

If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Proposal subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described below. Any information that is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA. Trade secrets or other confidential information, submitted as part of a Proposal, shall be clearly marked at each page it appears. Such marking shall be boldface type at least 14-point font.

3.5 ELEMENTS OF PROPOSAL. Listed below is a summary of all information to be included in a Proposal submitted in response to this RFP. Proposals without this information will not be evaluated. THC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

a) Exhibit A, Execution of Offer: Failure to sign and return the Execution of Offer with the submitted Proposal will result in rejection of the Proposal.

b) Exhibit B, Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the Offer: Failure to sign and return the Non-Disclosure Agreement with the submitted Proposal will result in rejection of the Proposal.

c) Exhibit C, Contractor’s Price Proposal: Proposals shall have all requested information fully and legibly completed including a price for all alternates and/or unit costs listed in Exhibit C, Contractor’s Price Proposal Form. Failure to do so may result in rejection of the proposal. The price proposal form shall show no alterations or qualifications of any kind. Proposals must be signed by an individual who has the authority to legally bind the firm. The THC reserves the right to require a Respondent to furnish documentary evidence of Respondent’s signature authority.

d) Exhibit D, Contractor’s Qualifications Statement: Failure to properly complete and provide a Contractor's Qualifications Statement will be cause for the Respondent's bid to be rejected by the THC.

The THC may make such investigations as necessary to determine the ability of the Respondent to perform the work including evaluation of past performance, by contacting references, reserves the right to reject any bid if the evidence submitted and/or obtained through investigation fails to satisfy the THC that the Respondent is properly qualified to carry out the obligations of the Contract.

The Evaluation Committee, at their discretion, may follow up on references provided on Exhibit D, Contractor’s Qualifications Statement. Negative responses or inability to contact listed references using contact information in the proposal may be grounds for disqualification.

e) Documentation of Comparable Experience: Complete all information on Exhibit D, Contractor’s Qualifications Statement. Refer to 3.11. Scoring Criteria, B. Criteria Two: Respondent’s Comparable Experience for more information.

f) Documentation of Qualifications of Assigned Staff: Refer to 3.11. Scoring Criteria, C. Criteria Three:

Respondent’s Assigned Staff Qualifications for more information.

g) Documentation of Financial Responsibility and Stability: Respondent must provide copies of documents to show the financial capability to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this RFP. Refer to 3.15, Financial Responsibility and Stability, and for more information.

h) Bonds: Proposals exceeding $25,000.00 must be accompanied by a proposal security in the form of an original bid bond, certified check or cashier's check drawn to the order of the Texas Historical Commission for not less than five percent (5%) of the total amount of the proposal (including total of all alternate proposal items). Therefore, to ensure adequate proposal security, respondents should calculate proposal security based on the highest possible monetary award. Personal checks, company checks, and cash are not acceptable as proposal security.

Proposal will be rejected if proposal security is not furnished in the form specified and by the time set for receipt of proposals.

Proposal security for the three (3) highest ranked firms may be retained by THC until the awarded respondent executes the contract, and if required, furnishes bonds and certificates of insurance. All other proposal security will be returned within 30 days.

Proposal security for the awarded respondent will be returned following execution of the contract and submission of satisfactory bonds and insurance. If the awarded respondent fails to return the signed contract and/or bonds and certificate of insurance within the time specified, the proposal security may be forfeited as liquidated damages.

The THC may then proceed to the next lowest responsive/responsible respondent. The undersigned further agrees that this Proposal security is the appropriate measure of liquidated damages which the THC will sustain by the failure of the undersigned to execute and deliver said contract and required documents.

If the total contract price exceeds $25,000.00, a Payment Bond must be furnished by the awarded respondent.

If the total contract price exceeds $100,000.00 a Payment Bond and a Performance Bond must be furnished by the awarded Respondent. (See also Article 5, Uniform General Conditions).

Insurance: Contractor represents and warrants that it will, within seven (7) business days of executing this agreement, provide Owner with current certificates of insurance or other proof acceptable to Owner of the following insurance coverage:

Workers’ Compensation & Employers’ Liability. Contractor must maintain Workers’ Compensation insurance coverage in accordance with statutory limits:

Workers’ Compensation: Statutory Limits Employers’ Liability: Each Accident $1,000,000 Disease: Each Employee $1,000,000 Disease: Policy Limit $1,000,000

Commercial General Liability. Personal injury and advertising injury with, at a minimum, the following limits:

Bodily Injury and Property Damage: Each occurrence limit $1,000,000 Aggregate Limit: $2,000,000 Medical Expense: $5,000 each person Personal Injury and Advertising Liability: $1,000,000 Products / Completed Operations Aggregate Limit: $2,000,000 Damage to Premises Rented to You: $50,000

Contractor represents and warrants that all coverages are with companies licensed in Texas, with “A” rating from A.M. Best Co., and authorized to provide the required coverages. Contractor also represents and warrants that all of the above policies and bonds contain endorsements prohibiting cancellation exception upon at least thirty (30) days prior written notice to THC. Contractor must, within the time provided above, furnish proof to THC of such coverage in the form of a Certificate of Insurance from Contractor’s insurance carrier or carriers indicating the above coverages.

The Certificate shall be addressed to the Texas Historical Commission as the Certificate holder. Contractor represents and warrants that it shall maintain the above insurance coverage during the term of this Contract, and shall provide THC with an executed copy of the policies immediately upon request.

i) Exhibit N - HUB Subcontracting Plan (HSP) In accordance with the Texas Government Code, Sections 2161.181-182 and Title 34, Chapter 20, Subchapter B, §20.10- §20.28 of the Texas Administrative Code (TAC), the Texas Historical Commission (THC) shall make a good faith effort to utilize Historically Underutilized Businesses (HUBs) in contracts for construction services, including professional and consulting services; and commodities contracts. The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the THC projected goals:

• 79.6 percent for heavy construction other than building contracts,

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

• 16.8 percent for all special trade construction contracts,

• 47.1 percent for professional services contracts,

• 8.6 percent for all other services contracts, and

• 18.8 percent for commodities contracts.

As mandated by 34 TAC § 20.14, respondents must submit a HUB Subcontracting Plan that identifies all subcontracting items and complies with good faith effort requirements outlined in HUB Subcontracting Plan and in accordance with the Texas Comptroller of Public Accounts HUB rules [34 TAC §20.14 (d)(1)(D)(iii)].

Pursuant to TGC § 2161.252(B), the Texas Historical Commission shall reject any Response that does not include a fully completed HUB Subcontracting Plan. An incomplete HUB Subcontracting Plan is considered a material failure to comply with the solicitation requirements.

The HUB Subcontracting Plan shall become a provision of the contract between the awarded Respondent and THC.

The awarded Respondent can only change the HUB Subcontracting Plan if (a) the Respondent complies with 34 TAC Section 20.14; (b) the Respondent provides its proposed changes to THC for review; (c) THC approves the Respondent’s proposed changes to its HUB Subcontracting Plan; and (d) THC and the Respondent amends their contract by submitting a revised HUB Subcontracting Plan containing the changes approved by THC.

If THC determines that the Respondent failed to implement the HUB subcontracting plan in good faith, THC, in addition to any other remedies, may report nonperformance to the Texas Comptroller of Public Accounts in accordance with 34 TAC, Section 20.14, (g)(5).

If further assistance is needed in preparing the HUB Subcontracting Plan, potential respondents may contact the THC HUB Coordinator Eric McKiver at 512-463-7748, or by email at eric.mckiver@thc.texas.gov .

3.6 INQUIRIES AND EXCEPTIONS

a) All inquiries shall be submitted in writing to Mary Beth Hanna at MaryBeth.Hanna@thc.texas.gov the date listed as the deadline for submission of questions as specified in Section 3.1 above.

b) All written inquiries will result in written responses posted to the ESBD, available at https://www.txsmartbuy.com/esbd.

c) Except as otherwise provided in this Section, upon issuance of this Solicitation, other employees and representatives of THC will not answer questions or otherwise discuss the contents of the Solicitation with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualifications of any subsequent response. This restriction does not preclude discussions unrelated to this Solicitation.

d) If Respondent takes any exceptions to any provisions of this Solicitation, these exceptions must be specifically and clearly identified by Section in Respondent's Response in response to this Solicitation and Respondent's proposed alternative must also be provided in the Response. Respondents cannot take a 'blanket exception' to this entire Solicitation. If any Respondent takes a 'blanket exception' to this entire Solicitation or does not provide proposed alternative language, the Respondent's Response may be disqualified from further consideration. Any exception may result in the Contract not being awarded to the Respondent.

3.7 PROPOSAL SUBMISSION.

a) Proposals must be received and time stamped at THC, Austin, Texas, by the date and time specified in the Schedule of Events above. The official date and time for proposals submitted electronically will be based on receipt on the THC email system. Late proposals will not be accepted.

b) Physical proposals should be placed in an envelope or package and correctly identified with the RFP mailto:eric.mckiver@thc.texas.gov mailto:MaryBeth.Hanna@thc.texas.gov number and submittal deadline/RFP opening date and time. It is Respondent's responsibility to appropriately mark and deliver the Proposal to THC by the specified deadline. A U.S. Postal Service (USPS) postmark or round validation stamp; a mail receipt with the date of mailing, stamped by the USPS; a dated shipping label, invoice, or receipt from a commercial carrier; or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

c) Telephone and facsimile Proposals will not be accepted.

d) Receipt of all addenda to this RFP should be acknowledged by returning a signed copy of each addendum with the submitted Proposal.

3.8 DELIVERY OF PROPOSALS. Proposals shall be submitted to THC prior to the submittal deadline by one of the following methods:

Email U. S. Postal Service Overnight/Express Mail

Texas Historical Commission

Emailed RFP to:

responses@thc.texas.gov

Subject line: Attn: Mary Beth Hanna, RFP#808-24-242165

Texas Historical Commission Attn: Mary Beth Hanna

RFP#808-24-242165

PO Box 12276 Austin, TX 78711-2276

Texas Historical Commission Attn: Mary Beth Hanna

RFP#808-24-242165

1700 N Congress Ave, B-65 Austin, TX 78701

The THC reserves the right to reject any or all proposals and to waive any or all informalities in connection therewith.

All submitted Proposals become the property of THC after the RFP submittal deadline/opening date. The submitted Proposals and accompanying documentation will not be returned.

3.9 SCORING CRITERIA. Respondents shall carefully read the information contained in the following criteria and submit a complete response to all questions in this Section. Incomplete Proposals may be considered non-responsive and subject to rejection. The evaluation committee will determine best value by applying the following criteria and assigned weighted values:

Criteria Weight A. Price Proposal: 30% B. Respondent’s Comparable Experience: 35% C. Respondent’s Assigned Staff Qualifications: 35%

a) Criteria One: Price Proposal Use the Contractor’s Price Proposal form attached herein to provide pricing for all items indicated on the form.

There is opportunity for a respondent to achieve a higher score by submitting the most competitive pricing offer in its response.

b) Criteria Two: Respondent’s Comparable Experience Use the Contractor’s Qualifications Statement form attached herein to describe a maximum of six (6) projects completed, or at least 80% complete, within the past five (5) years by your organization. This is to demonstrate your organization’s capability to perform the work.

List the projects in order of relevance, with the projects that best demonstrate your ability to complete this project listed first. If desired, include photographs or drawings to better convey the scope and nature of these projects to the evaluation committee.

mailto:responses@thc.texas.gov

Prior or current projects for the Texas Historical Commission should be included on the form only if they are relevant to this solicitation due to similar project scope. Do not include projects solely because they were performed for the THC. The evaluation committee will take into consideration the overall quality of the service provided by the vendor on prior and current projects, regardless of whether they are included on the Contractor’s Qualifications Statement.

For each project, provide all information requested on the form. If a particular piece of information is not applicable for a particular project (e.g. a project that did not have an architect or engineer) note “N/A” in that box.

c) Criteria Three: Respondent’s Assigned Staff Qualifications Provide detailed resumes for both the project manager (the primary point of contact at the Respondent’s Main office) and the site superintendent (the person who will be on site full-time for the duration of the project) who will be assigned to the project. Respondent may also provide narrative that describes, in detail, any additional qualifications. You may provide resumes of other staff who will be assigned to other roles in the project, but you must clearly identify who will fulfill the project manager and the site superintendent roles. Failure to do so may affect your score. By submitting this information, you are certifying that the staff named will be assigned to the project.

No substitutions will be permitted without advance approval from the THC.

3.10 EVALUATION AND AWARD.

The RFP provides the information necessary to prepare and submit Competitive Sealed Proposals for consideration and ranking by the THC. Based on the ranking and at THC’s sole discretion, the THC will identify the Proposals that are within the competitive range and that offer the “best value” for the State to participate in oral discussions.

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

a) A committee will be established to evaluate the Proposals. The committee will include employees of THC and may include other persons invited by THC to participate.

b) The evaluation committee will determine if Best and Final Offers are necessary. Award of a contract may be made without Best and Final Offers. THC may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their Proposals. A request for a Best and Final Offer is at the sole discretion of THC and if issued will be extended in writing.

c) THC shall award a contract to a Respondent whose Proposal is considered to provide the best value to the State of Texas, as defined by Tex. Government Code, Section 2155.074.

d) THC reserves the right to award contract(s) without any negotiations and reserves the right to not make awards.

3.11 TIE BREAKERS. The following preferences are used in breaking tie proposals in accordance with current statutes: Gov’t Code §§2155.444, 2155.441, 2156.010.

3.12 PAST PERFORMANCE. A Respondent’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Gov’t Code.

Respondents may fail this selection criteria for any of the following conditions:

3.16.1 A score less than C or Legacy Unsatisfactory in the Vendor Performance System,

3.16.2 Currently under a Corrective Action Plan through the CPA,

3.16.3 Having repeated negative Vendor Performance Reports for the same reason,

3.16.4 Having purchase orders that have been cancelled in the previous 12 months for non-performance (i.e. late delivery, etc.).

Respondent performance information is located on the CPA web site: www.txsmartbuy.com/vpts.

THC may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), THC may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts.

Any such investigations shall be at the sole discretion of THC, and any negative findings, as determined by THC, may result in non-award to the Respondent.

3.13 FINANCIAL RESPOSIBILITY AND STABILITY. A Respondent’s Financial Responsibility and Stability will be measured based upon pass/fail criteria. Respondent shall use the Financial Capabilities section of the Exhibit D, Contractor’s Qualifications Statement, attached herein to describe organization’s financial capabilities.

In addition, the Respondent shall provide the most recent financial statement prepared by a financial institution or certified accountant, documenting the organization’s financial stability.

If the organization is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity, specify date(s), details, circumstances, and prospects for resolution. THC reserves the right to require any additional information necessary to determine the financial integrity and responsibility of a Respondent and to reject a proposal on the grounds of the Respondent's financial soundness.

https://www.txsmartbuy.com/vpts

SECTION IV

GENERAL TERMS AND CONDITIONS

Any terms and conditions attached to a response will not be considered unless specifically referred to in this solicitation and may result in disqualification.

Any Contract awarded as a result of this RFP will contain the Uniform General Conditions (UGC), Supplementary Conditions and Special Conditions. Subcontractors are also obliged to comply with these provisions.

EXHIBIT A

EXECUTION OF OFFER

1. By signature hereon, Respondent represents and warrants that the provisions in this Execution of Offer apply to Respondent and all of Respondent’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this RFP or any contract resulting from it.

2. By signature hereon, Respondent represents and warrants its intent to furnish the requested items at the prices quoted in its Offer.

3. By signature hereon, Respondent represents and warrants that its prices include all costs of Respondent in providing the requested items that meet all specifications of this RFP, and that its prices will remain firm for acceptance for a minimum of ninety (90) days from deadline for submission of Offer.

4. By signature hereon, Respondent represents and warrants that each employee, including replacement employees will possess the qualifications, education, training, experience, and certifications necessary to perform the services in the manner required by this RFP.

5. By signature hereon, Respondent represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to THC under the RFP and any resulting contract, if any, and that Respondent’s provision of the requested items under the RFP and any resulting contract, if any, would not reasonably create an appearance of impropriety.

6. By signature hereon, Respondent represents and warrants that, pursuant to Section 2155.003 of the Texas Government Code, it has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer.

7. By signature hereon, Respondent represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code.

8. By signature hereon, Respondent hereby represents and warrants that, pursuant to 15 U.S.C. Section 1, et seq.

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

9. By signature hereon, Respondent represents and warrants that all statements and information prepared and submitted in response to this RFP are current, complete, and accurate.

10. By signature hereon, Respondent represents and warrants that the individual signing this document and the documents made part of this RFP and Offer is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract which may result from the submission of the Offer.

11. By signature hereon, Respondent represents and warrants that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Bidder as defined by Section 2155.444(c) of the Texas Government Code.

12. Check below if Respondent is claiming a preference under 34 Texas Administrative Code §20.306 or Chapter 2155, Subchapter H of the Texas Government Code:

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials, or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

□ Commercial production company or advertising agency located in Texas

13. By signature hereon, under Section 231.006, Texas Family Code, regarding child support, Respondent certifies that the individual or business named in the offer is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate.

Furthermore, any Respondent subject to Section 231.006, Texas Family Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the offer. This information must be provided prior to award. Enter the Name and Social Security Number for each person below:

Name: SSN:

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security Number (SSN) is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The SSN will be used to identify persons that may owe child support. The SSN will be kept confidential to the fullest extent allowed under Section 231.302(e), Texas Family Code.

14. By signature hereon, Respondent represents and warrants that no relationship, whether by relative, business associate,…