ESBD_362647_1718313447838_ISSUED - RFP 750-23 24-06 Parking Expansion Project.pdf

01/19/04 Request For Competitive Sealed Proposals Page 1 of 19

REQUEST FOR COMPETITIVE SEALED PROPOSALS

FOR A GENERAL CONTRACTOR

The University of Texas at Tyler

Parking Expansion Project

RFP No.: 750-23/24-06

RFP ISSUE DATE: June 13, 2024

RFP SUBMITTAL DUE DATE: June 28, 2024

Prepared By:

Erin Mueck, CTCD Buyer III Procurement Services The University of Texas at Tyler 3201 Old Glory Rd.

Tyler, Texas 75799

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TABLE OF CONTENTS

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 Owner’s Reservation of Rights

1.9 Acceptance of Evaluation Methodology

1.10 No Reimbursement for Costs

1.11 Pre-Submittal 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 Prevailing Wage Rate Determination

1.19 Delinquency in Paying Child Support

1.20 Disclosure of Interested Parties Statute

Section 2 - Executive Summary

2.1 Historical Background

2.2 Mission Statement

2.3 Project Description, Scope and Budget

2.4 Project Planning Schedule

Section 3 - Submittal Requirements For Statement of Proposals

3.1 Respondent’s Ability To Provide

Construction Services

3.2 Qualifications of Construction Team

3.3 Respondent’s Past Performance on

Representative Projects

3.4 Respondent’s Past Performance on U.T.

System Projects

3.5 Respondent’s Project Planning and

Scheduling for This Project

3.6 Respondent’s Quality Control and

Commissioning Program for this Project

3.7 Respondent’s Project Safety Program

for This Project

3.8 Respondent’s Warranty and Service

Support Program for This Project

3.9 Respondent’s Pricing and Delivery

Proposal Section 4 - Format of Proposals

4.1 General Instructions

Section 5 - Drawings and Specifications

5.1 Definition

5.2 Distribution

5.3 Documents on File

Section 6 – Exhibits to the RFP Exhibit A – Sample Agreement Exhibit B – Sample Performance Bond Exhibit C – Sample Payment Bond Exhibit D – Campus Map Exhibit E – Safety Plan Exhibit F – HUB Subcontracting Plan Exhibit G – HSP Quick Checklist

Exhibit H – Respondent’s Pricing and Delivery Proposal

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REQUEST FOR COMPETITIVE SEALED PROPOSALS

The University of Texas at Tyler

Parking Expansion Project RFP No.: 750-23/24-06

SECTION 1 – GENERAL INFORMATION AND REQUIREMENTS

1.1 GENERAL INFORMATION: The University of Texas at Tyler (“Owner”) is soliciting Competitive Sealed Proposals (“Proposals”) for selection of a General Contractor firm for the Parking Expansion Project (“Project”), in accordance with the terms, conditions, and requirements set forth in this Request for Competitive Sealed Proposals.

1.1.1 This Request for Competitive Sealed Proposals (“RFP”) is the only step for selecting a General

Contractor for the Project as provided by Texas Education Code §51.783(d). The RFP provides the information necessary to prepare and submit Competitive Sealed Proposals for consideration and ranking by the Owner.

1.1.2 The Owner may select the Proposal that offers the “best value” for the institution based on the published selection criteria and on its ranking evaluation. The Owner may first attempt to negotiate a contract with the selected offeror. The Owner may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification.

If the board is unable to reach a contract with the selected offeror, the Owner may formally end negotiations with that offeror and proceed to the next “best value” offeror in the order of the selection ranking until a contract is reached or all proposals are rejected.

1.2 PUBLIC INFORMATION: All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed.

1.2.1 The Owner strictly complies with all statutes, court decisions, and opinions of the Texas

Attorney General with respect to disclosure of RFP information.

1.3 TYPE OF CONTRACT: Any contract resulting from this solicitation will be in the form of the Owner’s Standard General Contractor Agreement, a copy of which is included in the Bidding Documents.

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

1.4 CLARIFICATIONS AND INTERPRETATIONS: Any clarifications or interpretations of this RFP that materially affect or change its requirements will be issued by the Owner as an Addendum. It is the responsibility of all respondents to obtain this information in a timely manner. All such Addenda issued by the Owner before the proposals are due as part of the RFP, and respondents shall acknowledge receipt of each Addendum to the RFP and/or the Bid Documents in its Proposal.

1.4.1 Addendum may be issued by the Point-of-Contact for this RFP using the BonfireHub website https://uttyler.bonfirehub.com and the Electronic State Business Daily website http://www.txsmartbuy.com/sp.

https://uttyler.bonfirehub.com/ http://www.txsmartbuy.com/sp http://www.txsmartbuy.com/sp

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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, omissions or doubts as to the meaning of Drawings and Specifications shall be communicated using the BonfireHub website https://uttyler.bonfirehub.com. The RFP and inquiries will be forwarded to the Project A/E for interpretation. Any interpretation made will be in the form of an Addendum, which will be forwarded to all known plan holders and its receipt by the respondent shall be acknowledged on the Pricing and Delivery Proposal Form.

1.4.3 Respondents shall consider only those clarifications and interpretations to the Drawings and

Specifications that the Owner issues by Addenda seven (7) business days prior to the submittal deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the Owner and should not be relied on in preparing Proposals. A Respondent that contacts someone other than University Contact in the procurement department or the HUB office regarding the solicitation may be disqualified.

1.4.4 The deadline for request for clarifications and interpretations is Tuesday, June 18, 2024, at

12:00 p.m. local time using the BonfireHub website https://uttyler.bonfirehub.com.

1.5 SUBMISSION OF PROPOSALS: Proposals shall be submitted online using the BonfireHub website currently found at https://uttyler.bonfirehub.com. Submissions by other methods will not be accepted.

Browser cookies must be enabled. Respondents should contact Bonfire at Support@GoBonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc.

Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. Submissions may be amended, but only before the Submission Deadline. Respondents wishing to amend their Proposal may amend before the Submission Deadline directly on the BonfireHub website https://uttyler.bonfirehub.com.

1.5.1 BASE PROPOSAL DEADLINE AND LOCATION: The Owner will receive Base Proposals at the time and location described below.

Friday, June 28, 2024 at 3:00 p.m. local time

1.5.2 HUB SUBCONTRACTING PLAN DEADLINE AND LOCATION: The Owner will receive HUB Subcontracting Plan at the time and location described below.

Saturday, June 29, 2024 at 3:00 p.m. local time

1.5.3 The Owner will not acknowledge or receive Base Proposals/Alternates or HUB Subcontracting Plans that are delivered by telephone, facsimile (fax), or electronic mail (e-mail). Properly submitted Base Proposals/Alternates, HUB Subcontracting Plans will not be returned to the respondents.

https://uttyler.bonfirehub.com/ https://uttyler.bonfirehub.com/ https://uttyler.bonfirehub.com/ mailto:Support@GoBonfire.com https://bonfirehub.zendesk.com/hc https://uttyler.bonfirehub.com/ https://uttyler.bonfirehub.com/

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1.6 POINT-OF-CONTACT: The Owner designates the following person, as its representative and Point-of-Contact for this RFP. Respondents shall restrict all contact with the Owner and direct all questions regarding this RFP, including questions regarding terms and conditions, to the Point-of- Contact person.

Erin Mueck, CTCD Buyer III Procurement Services The University of Texas at Tyler 3201 Old Glory Rd.

Tyler, Texas 75799 https://uttyler.bonfirehub.com

1.6.1 The Owner designates the following person, as its Architect/Engineer representative regarding the technical Drawings and Specifications.

Don Craig Langan Engineering 1101 ESE Loop 323 Tyler, Texas 75701

1.7 EVALUATION OF PROPOSALS: The evaluation of the Proposals shall be based on the requirements described in this RFP. Approximately thirty percent, (30%) of the evaluation will be based on the Respondent’s Pricing and Delivery Proposal; the remaining evaluation will be based on the Respondent’s qualifications. All properly submitted Proposals will be reviewed, evaluated, and ranked by the Owner.

1.8 OWNER’S RESERVATION OF RIGHTS: The Owner may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Proposals and re-solicit for new Proposals, or to reject any and all Proposals and temporarily or permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

1.9 ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Proposals in response to this RFP, the Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” Respondent will require subjective judgments by the Owner.

1.9.1 The Owner 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 Owner’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 RFP process shall be at the sole risk and responsibility of the respondent. Respondents submit Proposals at their own risk and expense.

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

1.12 HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITTAL REQUIREMENTS: It is the policy of The University of Texas System, and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses

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(HUB) in all contracts. Accordingly, UT Tyler has adopted the policies located at Historically Underutilized Business Program (HUB) (uttyler.edu) in conjunction with the Texas Comptroller.

The Policy applies to all contracts with an expected value of $100,000 or more. If UT Tyler determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the Proposals. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Proposals.

1.12.1 STATEMENT OF PROBABILITY: The University of Texas at Tyler 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 an HSP as a part of the respondent's Proposal in accordance with UT Tyler HUB Policy.

1.12.2 REFER TO EXHIBIT G, HSP QUICK CHECKLIST

The “Statement of Probability” determines the probability for subcontracting opportunities.

This determination will clarify which attachments of the HSP will be required to be completed and returned. The University of Texas at Tyler has determined the following Subcontracting opportunities may exist, layout/dimensional controls, earthwork, tree removal, selective demolition, concrete, asphalt paving, painting/striping, underground utilities, landscaping, irrigation and erosion control.

The University of Texas at Tyler’s HUB Coordinator will review HUB Subcontracting Plans until Tuesday, June 04, 2024, at 3 :00 p.m. local time. For HUB Subcontracting Plan questions only, or if you wish to schedule a review of your HUB Subcontracting Plan, please contact the HUB Office as follows.

HUB Office The University of Texas at Tyler 3900 University Blvd. Tyler, Texas 75799 E-mail: HUB@uttyler.edu

HUB Subcontracting Plans are due as indicated in 1.5.1.

https://www.uttyler.edu/offices/procurement-services/hub-program/index.php https://www.uttyler.edu/offices/procurement-services/hub-program/index.php https://www.uttyler.edu/offices/procurement-services/hub-program/index.php mailto:HUB@uttyler.edu

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1.13 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.

1.14 SALES AND USE TAXES: Section 151.311, Tax Code, as amended effective October 1, 1993, 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 of Texas System. The section further permits the 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 the contract."

1.15 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 (H.B. 175, Acts 70th Leg. R.S., 1987, Ch. 283, p. 3242). The Respondent further agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

1.16 REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE: The

Texas Workers' Compensation Commission has adopted a new rule, 28 TAC, sec. 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 sec. 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 Article 6 of the Uniform General Conditions.

1.17 PREVAILING MINIMUM WAGE RATE DETERMINATION: Respondents are advised that the

Texas Prevailing Wage Law will be administered in accordance with the policies and procedures set forth in the U. T. System document, entitled "Prevailing Wage Guidelines." A copy is attached to the Special Conditions. 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.

1.18 DELINQUENCY IN PAYING CHILD SUPPORT: Under Section 231.006, 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.

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1.19 DISCLOSURE OF INTERESTED PARTIES STATUTE. In its proposal, Respondents must agree to comply with Section 2252.908, Texas Government Code (“Disclosure of Interested Parties Statute”) and 1 Texas Administration Code Sections 46.1 through 46.3 (“Disclosure of Interested Parties Regulations”) as implemented by the Texas Ethics Commission (“TEC”), including, among other things, providing the TEC and University with the information required by the Disclosure of Interested Parties Statute and the Disclosure of Interested Parties Regulations on the form promulgated by the TEC and set forth in APPENDIX EIGHT. The form will be required to be submitted to Owner prior to the countersigning of the final agreement and not submitted with this RFP.

SECTION 2 – EXECUTIVE SUMMARY

2.1 HISTORICAL BACKGROUND: Not Used

2.2 MISSION STATEMENT:

With a mission to improve educational and healthcare outcomes for East Texas and beyond, The University of Texas at Tyler (“University”) offers more than 90 undergraduate and graduate degree programs to nearly 10,000 students, both in-person and online. Through its alignment with UT Tyler Health Science Center and UT Health East Texas and the opening of the UT Tyler School of Medicine, UT Tyler is serving East Texas with quality education, cutting-edge research and excellent patient care. Classified by Carnegie as a doctoral research institution and by U.S. News & World Report as a national university, UT Tyler has campuses in Tyler, Longview, Palestine and Houston.

2.3 PROJECT DESCRIPTION AND SCOPE:

The University is soliciting proposals for the construction of new parking lot areas at the UT Tyler Main Campus. The full scope required is represented within the drawings and specifications provided.

2.4 PROJECT PLANNING SCHEDULE:

The following anticipated dates are for planning purposes only (if there is a conflict between the dates below and the Proposal Form, the duration shown on the Proposal Form shall govern). The contractual dates required by the Owner of the “best value” respondent will be identified in the executed agreement.

Request for Competitive Sealed Proposal Issued June 13, 2024 Deadline for RFP Questions June 18, 2024 Anticipated Final Addendum (if necessary) Issued June 19, 2024 Owner receives Request For Competitive Sealed Proposals June 28, 2024 Owner receives HUB Subcontracting Plan June 29, 2024 Estimated Owner executes Agreement July 12, 2024 Estimated Owner issues Notice to Proceed for Construction July 22, 2024 General Contractor achieves Substantial Completion (Base Bid) September 10, 2024 General Contractor achieves Substantial Completion (Alternates) September 24, 2024 General Contractor achieves Final Completion October 8, 2024

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SECTION 3 – REQUIREMENTS FOR COMPETITIVE SEALED PROPOSALS

Respondents shall carefully read the information contained in the following criteria and submit a complete statement of Proposals to all questions in Section 3 formatted as directed in Section 4. Incomplete Proposals will be considered non-responsive and subject to rejection.

3.1 CRITERIA ONE: RESPONDENT’S ABILITY TO PROVIDE CONSTRUCTION SERVICES

3.1.1 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;

3.1.2 Attach a letter of intent from a surety company indicating your firm’s ability to bond for the entire construction cost of the project. The surety shall acknowledge that the firm may be bonded for each stage/phase of the project, with a potential maximum construction cost of $450,000.00 Bonding requirements are set forth in Article 17 of the Agreement and Article V of the Uniform General and Supplementary Conditions.

3.1.3 Identify if your firm is currently for sale or involved in any transaction to expand or to become acquired by another business entity? If so, please 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 Owner.

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

3.2 CRITERIA TWO: QUALIFICATIONS OF CONSTRUCTION TEAM

3.2.1 Provide resumes of the Respondent’s team that will be directly involved in the Project, including their experience with similar projects, the number of years with the firm, and their city(s) of residence. Include as applicable; Project Managers, Superintendents, Assistant Project Managers and Superintendents, Expeditors, Project Scheduler, Quality Control Inspectors, Safety Coordinator / Assistant, Carpenter Forman, and Labor Forman.

3.2.2 For each team member identified above, provide his/her current status, and when each team member will be available to provide Construction Services for this Project.

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3.2.3 Describe, in graphic and written form, the proposed Project assignments and lines of authority and communication for each team member to be directly involved in the Project. Indicate the estimated percent of time these team members will be involved in the Construction Services.

3.2.4 Identify the Subcontractors included as part of this proposal, including their experience with similar projects, the number of years with the firm, and their city(s) of residence.

3.2.5 Provide resumes of the Project Manager and Superintendent that will be directly involved in the Project for the Subcontractors, including their experience with similar projects, the number of years with the firm, and their city(s) of residence.

3.3 CRITERIA THREE: RESPONDENT’S PERFORMANCE ON PAST REPRESENTATIVE

PROJECTS

3.3.1 Identify and describe the Construction Team’s past experience for providing Construction Services that are MOST RELATED TO THIS PROJECT within the last five (5) years. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed:

Project name, location, contract delivery method, and description Color images (photographic or machine reproductions) Final construction cost Final project size in gross square feet Type of construction (new, renovation, or expansion) Actual Notice To Proceed, Substantial Completion, and Final Payment dates for

Construction Services Name of Project Manager (individual responsible to the Owner for the overall success of the project) Name of Project Superintendent (individual responsible for coordinating the day to day work) Names of Mechanical, Plumbing and Electrical Subcontractors

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

The Owner’s representative who served as the day-to-day liaison during construction, including telephone number

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

Length of business relationship with the Owner.

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

3.4 CRITERIA FOUR: RESPONDENT’S PAST PERFORMANCE ON U.T. SYSTEM PROJECTS

3.4.1 Identify and describe the Construction Team’s past experience for providing Construction Services on University of Texas System projects within the last five (5) years.

If the respondent has not previously provided Construction Services for The University of Texas System, then identify and describe the respondent’s past performance on Construction

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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) Final construction cost Final project size in gross square feet Type of construction (new, renovation, or expansion) Actual Notice To Proceed, Substantial Completion, and Final Payment dates for

Construction Services Name of Project Manager (individual responsible to the Owner for the overall success of the project) Name of Project Superintendent (individual responsible for coordinating the day to day work) Names of Mechanical, Plumbing and Electrical Subcontractors

3.5 CRITERIA FIVE: RESPONDENT’S PROJECT PLANNING AND SCHEDULING FOR THIS

PROJECT

3.5.1 Provide a Milestone schedule using a scheduling software for this Project using the project planning schedule and identify specific critical process, phases, milestones, approvals, and procurements anticipated. Clearly identify the 10% Total Project Float required during the Construction Phase.

3.5.2 Describe what you perceive are the critical Construction issues for this Project?

3.5.3 Describe your 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 RFP, provide examples of how these techniques were used, including specific scheduling challenges/requirements and actual solutions.

3.5.4 This Project will physically connect to an existing adjacent building that will remain occupied during construction, describe your plan to phase construction to minimize impact to the occupants in the existing building.

3.5.5 Describe the anticipated steps necessary to maintain operation of the occupied building during construction.

3.6 CRITERIA SIX: RESPONDENT’S QUALITY CONTROL AND COMMISSIONING

PROGRAM FOR THIS PROJECT

3.6.1 Describe your quality control program. Explain the methods used to ensure quality control during the Construction phase of a project. Provide specific examples of how these techniques or procedures were used from any of three (3) projects listed in response to Section 3.3 or 3.4 of this RFP.

3.6.2 Describe how your quality control team will measure the quality of construction and commissioning performed by trade Subcontractors as required by Owner Specification Sections 01400, 01650 and 01705 on this Project, and how will you address non-conforming work.

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3.6.3 Describe how you have maintained security during the construction of an occupied facility listed in Section 3.3 or 3.4 of this RFP.

3.6.4 Describe your past experience dealing with congested campuses/site conditions for any project listed in Section 3.3 or 3.4 of this RFP.

3.6.5 Provide examples of records, reports, monitoring systems, and information management systems you will use on this Project.

3.6.6 Describe your plans for infection control in an occupied, fully functional hospital facility.

3.6.7 Describe your approach to coordinating inspections and approvals with the State Fire

Marshall regarding approval of life safety systems.

3.6.8 Describe your Best Management Practices for containing storm water run-off as required by the Environmental Protection Agency’s National Pollutant Discharge Elimination System and The University of Texas Systems Storm Water Pollution Prevention Program.

3.7 CRITERIA SEVEN: RESPONDENT’S PROJECT SAFETY PROGRAM FOR THIS PROJECT

3.7.1 Describe your job site safety program for this Project 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.

3.8 CRITERIA EIGHT: RESPONDENT’S WARRANTY AND SERVICE SUPPORT PROGRAM

FOR THIS PROJECT

3.8.1 Describe your warranty service support philosophy and warranty service implementation plan for this Project.

3.8.2 Describe how you will measure the quality of service provided to the Owner for this Project.

3.8.3 Provide reference letters from three (3) Owners (other than U.T. System) identified in Sections

3.3 OR 3.4 of the previously issued RFP that describe your response to, and performance on, warranty services AFTER substantial completion.

3.9 CRITERIA NINE: RESPONDENT’S PRICING AND DELIVERY PROPOSAL

3.9.1 Complete the “Respondent’s Pricing and Delivery Proposal” included with the Bidding Documents.

3.10 CONSTRUCTION MILESTONE SCHEDULE: The undersigned agrees, if awarded the contract, to achieve Substantial Completion and Final Completion of the Work as described in the UGC, the plans and specifications and addenda thereto.

Anticipated Notice to Proceed for Construction July 22, 2024 Anticipated Substantial Completion (Base Bid) September 10, 2024 Anticipated Substantial Completion (Alternates) September 24, 2024 Anticipated Final Completion October 8, 2024

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3.11 ADDENDA ACKNOWLEDGMENT: Receipt is hereby acknowledged of the following addenda issued by the Point-of-Contact to this Request for Proposals – initial if applicable.

RFP: No.1 RFP: No.2 RFP: No.3 RFP: No.4 RFP: No.5

3.12 BID BONDS: Not Applicable for this RFP.

3.13 PAYMENT AND PERFORMANCE BONDS: The undersigned agrees to execute the Payment and

Performance Bonds within ten (10) calendar days, in the amount of one hundred percent (100%) of the contract price, after notification that the offerer has been identified by the Owner as the Respondent with the “best value” Proposal. The bonds shall be in the full contract amount

3.14 AWARD OF CONTRACT AND COMMENCEMENT OF WORK: The Owner reserves the right to accept or reject any and all Proposals and to waive proposal irregularities. Proposals shall be valid and not withdrawn for a period of sixty (60) days from the date of opening thereof. The undersigned agrees the contract to execute the Contract within ten (10) calendar days after notification that the offerer has been identified by the Owner as the Respondent with the “best value” Proposal, and to commence work on or before the commencement date stated by the Owner in a Notice to Proceed;

such commencement date shall be ten (10) or more calendar days after the date of the Notice to Proceed. In addition, the undersigned agrees to execute and deliver to the Owner a Certification of Franchise Tax Payment and further agrees to obtain from each subcontractor and supplier and hold for redelivery to the Owner if requested a certification of franchise tax status of such subcontractor or supplier.

3.15 OWNER’S RIGHT: It is understood that the Owner reserves the right to accept or reject any and all Proposals and to waive proposal irregularities. It is further agreed that this Bid shall be valid and not withdrawn for a period of sixty (60) days from the date of opening thereof.

3.16 The Respondent must complete, sign and return this Pricing and Delivery Proposal as part of their submittal response. The Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject the submittal to disqualification.

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Respondent’s Name:

Respondent’s State of Texas Tax Account No.:

(This 11-digit number is mandatory)

If a Corporation:

Respondent’s State of Incorporation:

Respondent’s Charter No:

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

(Name)

Submitted and Certified By:

(Respondent’s Name) (Title)

(Street Address) (Telephone Number)

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

(Authorized Signature) (Date)

01/19/04 Request For Competitive Sealed Proposals Page 15 of 19

3.17 RESPONDENT’S EXECUTION OF OFFER

(See additional signature lines at end of this Section)

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

RESPONDENT'S PROPOSALS. FAILURE TO COMPLETE, SIGN AND RETURN THIS

EXECUTION OF OFFER WITH THE PROPOSALS WILL RESULT IN REJECTION OF THE

PROPOSALS.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED PROPOSALS OR ANY

AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT FROM

THE SUBMISSION OF RESPONDENT’S PROPOSALS, AND THE RESPONDENT MAY BE

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

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

TERMINATION OF ANY RESULTING CONTRACT OR PURCHASE ORDER.

3.17.1 By signature hereon, Respondent acknowledges and agrees that (1) this Request For Competitive Sealed Proposals is a solicitation for Proposals and is not a contract or an offer to contract; (2) the submission of Proposals by Respondent in response to this Request For Competitive Sealed Proposals will not create a contract between the Owner and Respondent; the Owner has made no representation or warranty, written or oral, that one or more contracts with the Owner will be awarded under this Request For Competitive Sealed Proposals; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this Request For Competitive Sealed Proposals.

3.17.2 By signature hereon, Respondent offers and agrees to furnish to the Owner the products and/or services more particularly described in its Proposals, and to comply with all terms, conditions and requirements set forth in the Request For Competitive Sealed Proposals documents and contained herein.

3.17.3 By signature hereon, Respondent affirms that he 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 Proposals.

3.17.4 By signature hereon, a corporate Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Texas Tax Code, or that the corporate Respondent is exempt from the payment of such taxes, or that the corporate Respondent is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable.

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

3.17.6 By signature hereon, Respondent represents and warrants that:

3.17.6.1 Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the Request For Competitive Sealed Proposals;

3.17.6.2 Respondent has the necessary experience, knowledge, abilities, skills, and resources to

01/19/04 Request For Competitive Sealed Proposals Page 16 of 19 satisfactorily perform the terms, conditions and requirements of the Request For Competitive Sealed Proposals;

3.17.6.3 Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances;

3.17.6.4 Respondent understands (i) the requirements and specifications set forth in this Request For

Competitive Sealed Proposals and (ii) the terms and conditions set forth in the Contract under which Respondent will be required to operate;

3.17.6.5 Respondent, if selected by the Owner, will maintain insurance as required by the Contract;

3.17.6.6 All statements, information and representations prepared and submitted in response to this

Request for Competitive Sealed Proposals are current, complete, true and accurate. Respondent acknowledges that the Owner will rely on such statements, information and representations in selecting the successful Respondent. If selected by the Owner as the successful Respondent, Respondent will notify the Owner immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information.

3.17.7 By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the Request For Competitive Sealed Proposals is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements, which may result from the submission of Respondent’s Proposals.

3.17.8 By signature hereon, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Respondent as defined in Rule 1 TAC 111.2.

3.17.9 By signature hereon, Respondent certifies as follows:

3.17.9.1 “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.”

3.17.9.2 “Under Section 2155.004, Texas Government Code, the vendor or applicant certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”

3.17.9.3 “Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each individual or business entity which is an engineer or architect proposed by Respondent as a member of its team was selected based on demonstrated competence and Proposals only.”

3.17.10 By signature hereon, Respondent certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between Respondent and an employee of any University of Texas component, or Respondent has not been an employee of any University of Texas component within the immediate twelve (12) months prior to your Request For Competitive Sealed Proposals response. All such disclosures will be subject to administrative review and approval prior to the Owner entering into any contract with Respondent.

01/19/04 Request For Competitive Sealed Proposals Page 17 of 19

3.17.11 By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this Request for Competitive Sealed Proposals (reference Section 2155.004 Texas Government Code).

3.17.12 Respondent represents and warrants that all articles and services quoted in response to this Request for Competitive Sealed Proposals meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation.

3.17.13 By signature hereon, Respondent signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

3.17.14 By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Respondent’s Proposals.

3.17.15 By signature hereon, Respondent agrees that any payments that may become due under any agreements or other contractual arrangements, which may result from the submission of Respondent’s Proposals, will be applied towards any debt including, but not limited to, delinquent taxes and child support that is owed to the State of Texas.

3.17.16 By signature hereon, Respondent certifies that the only member(s) of the Board of Regents of The University of Texas System, or the Executive Officers of the University of Texas System or its component institutions that has a financial interest, directly or indirectly, in the transaction that is the subject of the contract is identified below.

Attach additional pages as necessary.

(Firm’s Business Title)

(UT System Title)

3.17.17 The Respondent must complete, sign and return this Execution of Offer as part of their submittal response. The Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject the submittal to disqualification.

(Respondent’s Name) (Title)

(Authorized Signature) (Date)

01/19/04 Request For Competitive Sealed Proposals Page 18 of 19

SECTION 4 – FORMAT OF PROPOSALS

4.1 GENERAL INSTRUCTIONS

4.1.1 Proposals shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the respondent's ability to meet the requirements of this RFP.

Emphasis shall be on the QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs.

4.1.2 Proposals shall be submitted as three (3) separate documents 1) Qualifications, 2) Pricing and

Delivery Proposal with Execution of Offer, 3) HUB Subcontracting Plan.

4.1.3 Proposals shall be submitted online using the BonfireHub website currently found at https://uttyler.bonfirehub.com. Submissions by other methods will not be accepted.

Browser cookies must be enabled. Respondents should contact Bonfire at Support@GoBonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc.

Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB.

Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated

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

4.1.5 Proposals and any other information submitted by respondents in response to this RFP shall become the property of the Owner.

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

4.1.7 The Owner makes no representations of any kind that an award will be made as a result of this

RFP. The Owner 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 RFP when deemed to be in Owner's best interest.

4.1.8 Proposals shall consist of answers to questions identified in Section 3 of the RFP, listed under

Requested Information for this opportunity in the Bonfire Portal. It is not necessary to repeat the question in the Proposals; however, it is essential to reference the question number with the corresponding answer.

4.1.9 Failure to comply with all requirements contained in this Request for Proposals may result in the rejection of the Proposals.

https://uttyler.bonfirehub.com/ mailto:Support@GoBonfire.com https://bonfirehub.zendesk.com/hc

01/19/04 Request For Competitive Sealed Proposals Page 19 of 19

SECTION 5 - DRAWINGS AND SPECIFICATIONS

5.1 DEFINITION: Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement, the Request for Competitive Sealed Proposals, the Proposal Form, and other sample bidding and contract forms. The proposed Contract Documents consist of the Form of Agreement between the Owner and Contractor (Exhibit A), Performance and Payment Bonds(Exhibit B&C) , Campus Map (Exhibit D), Safety Plan (Exhibit E), Uniform General and Supplementary Conditions for Building Construction Contracts, Special Conditions, Prevailing Wage Rate Determination, HUB Utilization Policy (Exhibit F), other forms and documents identified in the Agreement, Drawings, Specifications, and all Addenda issued prior to receipt of Proposals, and Change Orders issued after execution of the Contract.

5.2 DISTRIBUTION: Information pertaining to the RFP, including any and all addendums will be available to all bidders using the BonfireHub website https://uttyler.bonfirehub.com and at the Texas Comptroller’s ESBD website http://www.txsmartbuy.com/sp (using “UNIVERSITY OF TEXAS AT TYLER – 750” as the Agency Name and RFP 750-23/24-06 as the Agency Requisition Number).

Bidding Documents will also be issued to Plan Rooms and applicable offices of minority affairs and development in cities, which are likely to be home locations of respondents. Documents will not be issued free to suppliers, material companies, or lower tier Subcontractors.

5.3 DOCUMENTS ON FILE:

A complete list of Small, Minority and Women Business Trade Organizations and Development Centers (HUB plan rooms) can be obtained at:

http://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php

DFW Minority Supplier Development Council, Inc.

8828 No. Stemmons Fwy.

Dallas, TX 75247

(214) 630-0747 construction@dfwmbdc.com

Dallas Black Chamber of Commerce 2922 Martin Luther King Jr. Blvd.

Building A, Suite 104 Dallas, TX 75215

(214) 421-5200 chum@dbcc.org

Fort Worth Metropolitan Black Chamber of Commerce 1150 South Freeway, Suite 211 Fort Worth, TX 76104

(817) 871-6538 asmith@fwmbcc.org

Fort Worth Hispanic Chamber of Commerce 1327 N Main Street Fort Worth, TX 76164

(817) 625-5411 Asusena.resendiz@fwhcc.org

Regional Hispanic Contractors Association yolanda@regionalhca.org Dallas Office 2210 W. Illinois Avenue Dallas, TX 75224

(972) 786-0909 Fort Worth Office 1150 S. Freeway suite 114 Fort Worth, TX 76104

(972) 786-0909

Regional Black Contractors Association of North Texas 2627 Martin Luther King Blvd.

Dallas, TX 75215

(214) 565-8946 info@blackcontractors.org https://uttyler.bonfirehub.com/ http://www.txsmartbuy.com/sp http://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php mailto:construction@dfwmbdc.com mailto:chum@dbcc.org mailto:asmith@fwmbcc.org mailto:Asusena.resendiz@fwhcc.org mailto:yolanda@regionalhca.org mailto:info@blackcontractors.org