ESBD_370211_1722362004463_IFB #754-429NGuadalupeStructureSaleandRemoval-2024_FINAL.pdf

INVITATION FOR BID

IFB #754-429NGuadalupeStructureSaleandRemoval-2024

This bid is for purchase and removal of a structure located at 429 N Guadalupe St, San Marcos, TX 78666 (Richard A. Castro Undergraduate Admissions Center).

BIDS MUST BE RECEIVED AT THE DESIGNATED LOCATION SPECIFIED IN THIS

SOLICITATION ON OR BEFORE:

BID DEADLINE: August 15, 2024, at 2:00 P.M. C.T.

MAIL, COURIER, or HAND DELIVER PROPOSAL TO:

Texas State University ATTN: Melissa Wile, CTCD

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

San Marcos, TX 78666-4616

NOTES TO POTENTIAL RESPONDENTS:

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

Due to the nature of the solicitation and evaluation process being utilized, after receipt of proposals the names and bid amounts of Respondents will be read aloud and made public.

Issued on: July 31, 2024

Show IFB Number, Opening Date and Time on Return Envelope

INVITATION FOR BID

TEXAS STATE UNIVERSITY SAN MARCOS, TEXAS

IFB #754-429NGuadalupeStructureSaleandRemoval-2024

STRUCTURE SALE AND MOVING SPECIFICATIONS

Texas State University is accepting sealed bids for the sale and removal of the Richard A. Castro Undergraduate Admissions Center building located at 429 N Guadalupe St, San Marcos, TX 78666. The Castro House proper is a wooden structure re-built in 1928. The existing house is a two-story structure with a large attic with an asphalt shingle roof, and a smaller back of house space that was added on at a later date. There is a small concrete basement in the middle of the house, with concrete floors, and four concrete walls, and an approximate height of five feet.

The rest of the structure appears to be built on a wooden pier and beam foundation, with footings. The total square footage for the house is approximately 5,231 SF. The Admissions Annex Building (behind the Castro House) is NOT a part of this bid.

The University will receive bids until August 15, 2024, at 2:00 p.m. (C.T.), at which time they will be publicly opened and read aloud. Bids received after this time and date will be returned to the bidder unopened.

• FAX or EMAIL bids will not be accepted.

• Bids must be submitted in a sealed envelope clearly marked “IFB #754-

429NGuadalupeStructureSaleandRemoval-2024.”

• The University will not be responsible for responses that are opened prior to the bid deadline because they are not clearly marked or are mislabeled.

• The University will award the bid to the highest responsive, responsible and qualified bidder.

• If, after fifteen (15) days, payment is not made to the University, the next highest bidder shall be awarded the sale.

• Payment to the University shall be made in cash, certified check, bank check, or money order only. The

University will retain title to the land.

A representative of the University will be available at the property for interior inspection of the building on Wednesday, August 7, 2024, from 9:00 a.m. – 11:00 a.m. (C.T.).

The structure will be sold without warranties or covenants. The University shall retain the title to the land thereunder. The successful bidder shall be responsible for moving the structure by November 1, 2024. The time for moving the structure may be extended proving the successful bidder makes the request in writing, states the reason for requesting the extension and the request is approved by the University. Successful bidder shall provide the University with a bond or other surety satisfactory to the University in the amount of $5,000, which shall be held by the University as surety in accordance with the specifications.

The successful bidder shall be responsible for obtaining all permits to move the structure and fees related to such permits, including but not limited to traffic enforcement permits, building move permits, environmental permits and any other permitting that is required by City of San Marcos, Hays County and the State of Texas. All information submitted will become a matter of public record. The University reserves the right to accept and/or reject any and all bids if they are in the best interest of the University. Bid award will be made within thirty (30) days of the bid opening.

SITE ACCESS AND PREPARATION

The structure must be relocated off property and property left free of all debris. This shall include but is not limited to, removal of the foundation and other building related amenities. The University shall retain title to the land.

The successful bidder and/or their agent(s) will be responsible for ensuring all equipment is not releasing contaminants into the environment while working on site. Any identified release will be the responsibility of the successful bidder and/or their agent(s) for clean up at their expense.

The successful bidder and/or their agent(s) will be responsible for coordinating all vehicle traffic with the San Marcos Police Department and will pay for a police detail if required by the City of San Marcos and the San Marcos Police Department. The successful bidder and/or their agent(s) is also required to maintain the roads as work progresses including cleanup of tracked dirt and repair any damage to road surface as directed by the University and the City of San Marcos and coordinate the moving with all necessary utility companies for passage over roads if necessary.

UTILITIES

All utilities have been turned off and will be disconnected from property by the University prior to removal of structure.

SITE RESTORATION

All components of the building will be completely removed from the site. The restoration of the property shall be clean of all debris.

TREES AND VEGETATION

All trees on the property shall remain and care should be taken to preserve them as per the University’s Tree Protection Standard. This standard can be found at: https://docs.gato.txst.edu/141334/31_23_16-Tree- Protection.pdf

STANDARD TERMS AND CONDITIONS:

1. Submit bids on this form. Each bid shall be property identified with Invitation for Bid (IFB) number and opening date.

2. The University reserves the right to make an award based on the highest line-item bid amount, high total of line items, or any other combination that will serve the best interest of the University and to reject any and all bid items at the sole discretion of the University. The University also reserves the right to accept or reject any or all parts of any bid, waive minor technicalities and award the bid that best serves the interests of the University.

3. Bids cannot be altered or amended after the opening date and time. Alternations made before the opening date and time should be initialed by bidder or their authorized agent. No bid can be withdrawn after the opening date and time without approval by the University based on an acceptable written reason.

4. The University, an agency of the State of Texas, is exempt from Texas Sales & Use Tax on the Work in accordance with Section 151.309 Texas Tax Code, and Title 34 Texas Administrative Code (“TAC”) Section 3.322.

5. The University will not acknowledge or accept Bids that are delivered via telephone, facsimile (fax) or electronic mail (e-mail).

6. A response to this IFB is an offer to contract based upon the terms, conditions, and specifications contained herein. The contract shall be governed, construed, and interpreted under the laws of the State of Texas.

7. PUBLIC INFORMATION: Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”). In accordance with Section 2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the University pursuant to the contract, and not otherwise excepted from Disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the University.

8. CLARIFICATIONS AND INTERPRETATIONS: Discrepancies, omissions, or doubts as to the meaning https://docs.gato.txst.edu/141334/31_23_16-Tree-Protection.pdf https://docs.gato.txst.edu/141334/31_23_16-Tree-Protection.pdf of IFB documents shall be communicated in writing to the University for interpretation. Any responses to inquiries, clarifications, or interpretations of this IFB that materially affect or change its requirements will be formally issued by the University as a written addendum. All such addenda issued by the University before the Proposals are due are considered to be part of the IFB. Respondent shall acknowledge receipt of each addendum in its Proposal. Respondents shall consider only those clarifications and interpretations that the University issues by addenda. Interpretations or clarifications in any other form, including oral statements, will not be binding on the University and should not be relied upon in preparing the Proposal. It is the responsibility of all Respondents to check the status of formal addenda five (5) days before the submission deadline.

9. POINT-OF-CONTACT: The University designates the following person as its representative and

Point- of-Contact for this IFB. Respondents shall restrict all contact with the University and direct all questions regarding this IFB, including questions regarding terms and conditions, in writing, to the Point-of-Contact person, via email only.

Ms. Melissa Wile, CTCD Buyer III, Facilities Planning, Design and Construction Texas State University 151-2 East Sessom Drive, Suite 104

San Marcos, Texas 78666 E-mail: mao114@txstate.edu

10. SUBMISSION OF PROPOSALS: The Respondent’s Execution of offer and Pricing Proposal must be received by the proposal deadline and location listed below.

August 15, 2024, at 2:00 p.m. (C.T.)

Ms. Melissa Wile, CTCD Buyer III, Facilities Planning, Design and Construction Texas State University 151-2 East Sessom Drive, Suite 104 San Marcos, Texas 78666 mao114@txstate.edu

Schedule of Events:

IFB Posted .......................................................................................................................... 07/31/2024 Non-Mandatory Pre-Bid Inspection (9:00 a.m. – 11:00 a.m. (C.T.) .................................... 08/07/2024 Receive Proposals by 2:00 p.m. ........................................................................................... 08/15/2024 Read Respondents bids aloud at Texas State University, 2:00 p.m. ........................................ 08/15/2024

11. ANTITRUST AFFIRMATION: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither it nor any representatives of the respondent have violated any provision of the Texas Free enterprise and Antitrust Act, Texas Business & Commerce Code Chapter 15; (2) in connection with this Response, neither the respondent or any representative of the Respondent have violated any federal antitrust law; and (3) neither the respondent or any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Respondent.

12. ASSIGNMENT: Respondent shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from the University. Any attempted assignment in violation of this provision is void and without effect.

13. DEALINGS WITH PUBLIC SERVANTS AFFIRMATION: Respondent has not given, offered to give, nor intents to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, mailto:mao114@txstate.edu mailto:mao114@txstate.edu special discount, trip, favor, or service to a public servant in connection with the submitted Response.

14. DISPUTE RESOLUTION: The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used to attempt to resolve any dispute arising under the contract.

15. FALSE STATEMENTS: Respondent represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentation made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

16. GOVERNING LAW AND VENUE: The contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the contract is fixed in any court of competent jurisdiction of Hays County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies it applicability to the University.

17. INDEMNIFICATION: RESPONDENT WILL AND DOES HEREBY AGREE TO INDEMNIFY,

PROTECT, DEFEND WITH COUNSEL APPROVED BY UNIVERSITY, AND HOLD HARMLESS

UNIVERSITY, TEXAS STATE UNIVERSITY SYSTEM AND THEIR REGENTS, OFFICERS,

DIRECTORS, ATTORNEYS, EMPLOYEES, REPRESENTATIVES AND AGENTS

(COLLECTIVELY “INDEMNITEES”) FROM AND AGAINST ALL DAMAGES, LOSSES, LIENS,

CAUSES OF ACTION, SUITS, JUDGEMENTS, EXPENSES, AND OTHER CLAIMS OF ANY

NATURE, KIND, OR DESCRIPTIONS, INCLUDING REASONABLE ATTORNEYS’ FEES

INCURRED IN INVESTIGATING, DEFENDING OR SETTLING ANY OF THE FOREGOING

(COLLECTIVELY “CLAIMS”) BY ANY PERSON OR ENTITY, ARISING OUT OF, IN

CONNECTION WITH, OR RESULTING FROM THE SERVICES PROVIDED UNDER THIS

AGREEMENT, TO THE EXTENT CAUSED, IN WHOLE OR IN PART (REGARDLESS OF

WHETHER OR NOT SUCH CLAIMS ARE CAUSED IN PART BY THE CONCURRENT OR

PARTIAL NEGLIGENCE OF AN INDEMNITEE), BY THE ACTS, OMISSIONS, OR WILLFUL

MISCONDUCT OF RESPONDENT, OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS,

SUBCONSULTANTS, SUPPLIERS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY

RESPONDENT OR ANYONE WHOSE ACTS RESPONDENT MAY BE LIABLE, IN ADDITION,

RESPONDENT WILL INDEMNIFY, PROTECT, DEFEND WITH COUNSEL APPROVED BY

UNIVERSITY, AND HOLD HARMLESS THE INDEMNITEES FROM AND AGAINST ALL

CLAIMS ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT,

COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS ARISING OUT

OF, IN CONNECTION WITH, OR RESULTING FROM THE SERVICES PROVIDED UNDER THIS

AGREEMENT. THE PROVISIONS OF THIS SECTION WILL NOT BE CONSTRUED TO

ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION OR RIGHT, WHICH ANY

INDEMNITEE HAS, BY LAW OR EQUITY. IN THE EVENT OF LITIGATION, UNIVERSITY

AGREES TO COOPERATE REASONABLY WITH RESPONDENT. ALL PARTIES WILL BE

ENTITLED TO BE REPRESENTED BY COUNSEL AT THEIR OWN EXPENSE.

18. NO CONFLICT OF INTEREST: Respondent represents and warrants that the provision of goods and services or other performance under the contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

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

University’s opinion, substantial in nature.

20. NO REIMBURSEMENT FOR COSTS: Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this IFB process shall be at the sole risk and responsibility of the Respondent.

21. CERTAIN PROPOSALS AND CONTRACTS PROHIBITED: Under Section 2155.004, Texas

Government Code, University may not accept a Proposal or award a contract that includes proposed financial participation by a person who received compensation from the University 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, Texas 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 University 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.

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

23. DELINQUENCY IN PAYING CHILD SUPPORT: 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 contract and acknowledges that this contract may be terminated, and payment may be withheld if this certification is inaccurate.

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

25. REQUIRED POSTING OF CONTRACTS: The parties acknowledge that, pursuant to the provisions of

Texas Government Code Section 2261.253, this agreement will be posted on the University’s website.

26. NON-BOYCOTT VERIFICATION: Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemptions criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation.

Respondent shall state any facts that make it exempt from the boycott certification in its Response.

27. PUBLIC INFORMATION ACT: Information, documentation, and other material in connection with this

Solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”). In accordance with Section 2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the University pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the University.

28. SUSPENSION AND DEBARMENT: Respondent certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration.

29. SIGNATURE AUTORITY: By submitting the Response, Respondent represents and warrants that the individual submitting this document and the documents made part of this Response is authorized to sign such documents on the behalf of the Respondent and to bind the Respondent under any contract that may result from the submission of this Response.

RESPONDENT’S PRICING FORM

IFB #: 754-429NGuadalupeStructureSaleandRemoval-2024

Project Name: IFB – 429 N Guadalupe Structure Sale and Removal

From: Respondent’s Name: ____________________________________________

Mailing Address: ________________________________________________

City, State, Zip Code: ___________________________________________

Phone Number: _________________________________________________

To: Melissa Wile Buyer III

Texas State University San Marcos, Texas

I, __________________________________________________________, do hereby submit the bid of (Print Name of Respondent)

______________________________________________________________ Dollars. ($________________) (Written Amount) to Texas State University for the sale and removal of the Richard A. Castro Undergraduate Admissions Center building located at 429 N Guadalupe St, San Marcos, Texas 78666.

In submitting this bid I hereby agree to abide by all the terms and conditions of the sale as set forth herein and the specifications.

Submitted and Certified By:

(Respondent’s Name) (Title)

(Street Address) (Telephone Number)

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

(Authorized Signature) (Date)

(Email Address) required for IFB Notification (Date)