ESBD_378009_1727816780888_RFP-754-TestingandBalancing-IDIQ-2025..pdf

REQUEST FOR PROPOSAL

RFP # 754-TestingandBalancing-IDIQ-2025

For selection of a vendor to provide Testing and Balancing services to Texas State University (“Texas State” or “University”)

PROPOSAL MUST BE RECEIVED AT THE DESIGNATED LOCATION SPECIFIED IN THIS

SOLICITATION ON OR BEFORE:

SUBMITTAL DEADLINE: Tuesday, October 29, 2024, at 2:00 p.m. (C.T.)

MAIL, COURIER or HAND DELIVER PROPOSAL TO:

Texas State University ATTN: Allison England, CTCD

Buyer III Facilities Planning, Design, and Construction

151-2 E. Sessom, Physical Plant, Ste. 104 San Marcos, TX 78666-4616

NOTES TO POTENTIAL RESPONDENTS:

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

Due to the nature of the solicitation and evaluation process being utilized, after receipt of proposals only the names of Respondents will be made public. Prices, terms and other proposal details will only be divulged upon written request after the contract award, if one is made. All proposals submitted shall become the property of the State of Texas upon receipt.

All individuals including contractors, subcontractors, service providers and vendors operating a vehicle on property owned and operated by Texas State University shall comply with the Traffic and Parking Regulations for the University. All vehicles parked on University property must obtain and display a valid parking permit paid for and purchased at their own expense. Contractors shall make every effort to carpool when possible.

Issued on: October 1, 2024

Show RFP Number, Opening Date and Time on Return Envelope

TABLE OF CONTENTS

Section 1 – General Information & Objective

1.1 Objective

1.2 History of the University

1.3 Mission Statement

1.4 Public Information

1.5 Type of Contract

1.6 Term

1.7 Group Purchasing Authority

1.8 Clarifications and Interpretations

1.9 Evaluation of Proposals

Section 2 – Notice to Respondents

2.1 Submittal Deadline

2.2 Point-of-Contact

2.3 Pre-Proposal Conference

2.4 Historically Underutilized Businesses

(HUB) Submittal Requirements

2.5 University’s Reservation of Rights

2.6 Acceptance of Evaluation Methodology

2.7 No Reimbursement for Costs

2.8 Eligible Respondents

2.9 Certain Proposals and Contracts Prohibited

2.10 Proposals Validity Period

2.11 Submittal Modifications/Withdrawals

2.12 Required Notices of Insurance Coverage

2.13 Payment Terms

2.14 Parking Permit Requirements

2.15 Nondiscrimination

2.16 Criminal Background Checks

2.17 Payment and Performance Bonds

2.18 Contract Administration

Section 3 – Requirements of Proposal

3.1 Criterion One – Respondent’s Ability to

Provide Services

3.2 Criterion Two – Qualifications of Testing

and Balancing Team

3.3 Criterion Three – Representative Projects

3.4 Criterion Four –Project Experience

3.5 Criterion Five – Project Planning and

Scheduling

3.6 Criterion Six – Quality Control Program

3.7 Criterion Seven – Project Safety Program

3.8 Criterion Eight – Cost

Section 4 – Format for Proposals

4.1 General Instructions

4.2 Page size, Binding, Dividers and Tabs

4.3 Table of Contents

4.4 Pagination

Section 5 – Scope of Work

Section 6 – Executive Summary

6.1 Timeline of RFP Events

6.2 Pricing and Delivery

6.3 Execution of Offer

Attachment A - Sample Agreement

Attachment B - HUB Subcontracting Plan

Section 1 – General Information & Objective

1.1 Objective: Texas State University (“Texas State” or “University”) is soliciting competitive Solicitations (“Request for Proposals” or “RFPs”) for the selection of a qualified and capable vendor(s) (one or more) to provide Testing and Balancing Services to the University. This Solicitation sets forth the terms, conditions, and requirements for Respondents to be considered for this project. The University expects to enter into one or more contract(s) with the selected individual(s) or firm(s) to provide the services as further defined in Section 5 of this RFP.

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

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

president to graduate from a college in Texas.

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

The University welcomed its 10th president, Kelly R. Damphousse, in July 2022.

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

1.4 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.

1.4.1 University strictly adheres to all statutes, court decisions and the opinions of the Texas

Attorney General with respect to disclosure of public information under the Texas Public Information Act, Chapter 552, and Texas Government Code.

1.4.2 Provider is required to make any information created or exchanged with the state pursuant to this contract, and not otherwise exempted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state.

1.4.3 Information provided to Provider by the University, including information from representatives of The Texas State University System (TSUS) or any of its components, and information provided to Provider by members of the public or any other third party shall belong to the University.

1.4.4 Information created or otherwise produced by Provider shall remain the exclusive property of Provider. Provider acknowledges any final report or papers will be provided in accordance with this Agreement, and that any information contained in any report or papers, which Provider believes is confidential under Texas law will be clearly designated as such by Provider.

1.4.5 If the University receives a request for public information for any portion of any final report or papers that have been designated by Provider to be confidential, the University will provide notice to Provider and Provider may submit a brief to the Office of the Attorney General, as provided by Chapter 552, Tex. Govt. Code.

1.5 Type of Contract: Any Contract resulting from this Solicitation will be in the form of the University’s standard Contract, a sample copy of which is attached to this Solicitation (Attachment A).

Texas State Board of Regents mandates that any contract resulting from this RFP be limited to $3,000,000.00 per the life of the contract agreement (Board of Regents Rules and Regulations, Chapter III, Section 1.19) Total expenditures shall not exceed this amount.

This is an Indefinite Delivery, Indefinite Quantity (IDIQ) contract and the University does not guarantee any minimum or maximum amounts or projects on awarded contracts.

1.6 Term: The term of any contract(s) resulting from this RFP shall be for one year and the University shall have the option to renew this Contract for three (3), additional one-year terms providing both parties agree in writing. If the University and successful Respondent are unable to negotiate and sign a Contract, the University reserves the right to seek an alternative Respondent.

1.7 Group Purchasing Authority: Texas law authorizes institutions of higher education (defined by Section 61.003, Education Code) to use the group purchasing procurement method (ref. Sections 51.9335, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Respondent under this RFP.

1.8 Clarifications and Interpretations: Any clarifications or interpretations of this Solicitation that materially affect or change its requirements will be issued formally by the University as a written addendum. It is the responsibility of all Respondents to check the status of formal addenda five (5) days before the submission deadline and to obtain this information in a timely manner. All such addenda issued by the University before the proposals are due shall be acknowledged by Respondents and incorporated into its response to the Solicitation.

1.8.1 Respondents shall be required to consider only those clarifications and interpretations that the

University issues by addenda five (5) or more days prior to the submittal deadline.

Interpretations or clarifications obtained in any other form, including oral statements, will not be binding on the University and should not be relied on in preparing proposals.

1.8.2 Addenda, if required, will be issued by the University for this Solicitation via the Electronic

State Business Daily Website located at: https://www.txsmartbuy.com/esbd

It is the responsibility of each Respondent to check this website for any addenda posted referencing the RFP number provided in this Solicitation.

1.8.3 If Respondent takes exception to any terms or conditions set forth in the Sample Contract, attached to this solicitation for reference, the Respondent must submit a written list of the exceptions prior to the submittal deadline.

1.9 Evaluation of Proposals: Evaluation of the Proposals shall be based on the requirements described in https://www.txsmartbuy.com/esbd this Solicitation. All properly prepared and submitted Proposals shall be reviewed, evaluated, and ranked by the University. University, at its sole discretion, may make the selection on the basis of Proposals initially submitted, without discussion, clarification, or modification. In the alternative, University may choose to make a selection based on negotiations with any Respondents. Proposals shall be evaluated based on the weights assigned below to the criterion:

Proposed methodology of delivering goods or services, the extent to which the methodology meets the University’s needs, quality of goods and services proposed, and Respondents ability to provide the goods or services;

And

Respondents qualifications and references (includes but is not limited to reputation of Respondent & Respondent’s past relationship with University). 60%

Cost of proposed goods or service 40%

Total 100%

Section 2 – Notice to Respondents

2.1 Submittal Deadline: The University will accept proposals submitted in response to this RFP until

2:00 p.m., C.T. on Tuesday, October 29, 2024.

Proposals shall be submitted via mail, courier, or hand delivered, by deadline mentioned above, to the location specified on the front page of this solicitation.

2.1.1 Proposals received after the stated official deadline will be returned, if properly identified, to the Respondent. The University’s authorized Point-of-Contact identified in Section 2.2 will identify the official time clock at the Proposal submittal location identified above.

2.1.2 The University will not acknowledge or receive any Proposals that are delivered by telephone, facsimile (fax), or electronic mail (email).

2.1.3 If Proposal is sent by courier or mail, the Respondent is cautioned to allow sufficient time for delivery prior to the published deadline to the location specified in this RFP. The University has a decentralized mail system and the mail/courier delivery services may not deliver directly on campus. It is the Respondent’s sole responsibility for preparing, submitting and delivering a response with all required materials to the designated location on or before the published submittal deadline. Courier or delivery services may not deliver directly to the specified location. It is strongly recommended that the response be hand carried to ensure receipt at the proper location. If mailing or sending by courier, the Respondent is cautioned to allow sufficient time for delivery prior to the published deadline to the location specified.

2.1.4 Failure to deliver, for whatever reason, may not be grounds for disputing the procurement solicitation process or any resulting contract award.

2.1.5 Respondent materials must be enclosed in a sealed envelope, box or container, addressed to the Point- of-Contact identified on the front of this solicitation. The package must clearly identify the submittal deadline, the RFP number, and the name, return address, and email address of the Respondent.

Proposals shall be submitted as three (3) separate documents and must be packaged in separate sealed envelopes. Clearly mark to indicate the contents, within the sealed envelope, box, or container:

1.) Qualifications, Response to the Scope of Work (SOW), and Execution of Offer, 2.) Pricing and Delivery Proposals, and 3.) HUB Subcontracting Plan (HSP) if applicable

2.1.6 The names of the submitting Respondents will be read aloud immediately following the date and time stated in Section 2.1.

2.1.7 Submit six (6) identical paper/hard copies of the response to the RFP (Proposal) and one electronic version (USB flash drive). An original signature must be included on one copy of the Execution of Offer.

2.2 Point-of-Contact: The following individual is the University’s authorized Point-of-Contact for this Solicitation. Respondents shall restrict all contact with other University staff and direct all questions regarding this Solicitation, including questions regarding terms and conditions, in writing to:

Allison England, CTCD, Buyer III Facilities Planning, Design, and Construction Physical Plant Building 151-2 E. Sessom, Suite 104 San Marcos, Texas 78666 Phone: (512) 245-5519 acq15@txstate.edu

2.2.1 Point-of-Contact must receive all questions and concerns not later than the date and times specified in Section 6, Timeline of RFP Events.

2.2.2 University must have a reasonable amount of time to respond to questions or concerns.

2.2.3 It is the University’s intent to respond to all appropriate questions and concerns.

However , University reserves the right to decline to respond to any question or concern.

2.3 Pre-Proposal Conference: A Non-Mandatory Pre-Proposal conference will be held Thursday, October 10, 2024, at 10:00 a.m., C.T., at:

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

Pre-Proposal Conference Location Map:

https://map.concept3d.com/?id=308#!m/323348

2.4 Historically Underutilized Businesses (HUB) Submittal Requirements: All agencies of the State of

Texas are required to make a good faith effort to assist historically underutilized businesses (each a “HUB”) in receiving contract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state entities. Pursuant to the HUB program, if under the terms of any contract resulting from this RFP, Respondent subcontracts any of the services, then Respondent must make a good faith effort to utilize HUBs certified by the Procurement and Support Services Division of the Texas Comptroller of Public Accounts. Proposals that fail to comply with the requirements contained in this Section 2.4 will constitute a material failure to comply with advertised specifications and will be rejected by University as non-responsive. Additionally, mailto:acq15@txstate.edu https://map.concept3d.com/?id=308#!m/323348 compliance with good faith effort guidelines is a condition precedent to awarding any contract resulting from this RFP. Respondent acknowledges that, if selected by University, its obligation to make a good faith effort to utilize HUBs when subcontracting any of the services will continue throughout the term of all agreements and contractual arrangements resulting from this RFP. Furthermore, any subcontracting of the Services by the Respondent is subject to review by University to ensure compliance with the HUB program.

The HUB goals per TAC 20.13 are: 11.2% for heavy construction other than building contracts; 21.1% for all building construction, including general contractors and operative builder’s contracts;

32.9% for all special trade construction contracts; 23.7% for professional services; 26.0% for all other services contracts; and 21.1% for commodities contracts.

For additional information regarding any aspect of the University’s HUB Outreach Program, contact the University HUB Coordinator at (512) 245-2521 or HUB@txstate.edu. If the University determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the response. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Proposal.

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

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

https://comptroller.texas.gov/purchasing/

2.4.3 Submit one (1) original, one (1) hard copy, and one electronic version (USB flash drive) of the HUB Subcontracting Plan (HSP) as a separate package to the Proposal package. The HSP should be clearly identified as specified in Section 2.1 and annotated with the words “HUB Subcontracting Plan Enclosed”.

2.4.4 Properly prepared and submitted HUB Subcontracting Plans and Proposals will not be returned to respondents.

2.4.5 Respondents’ HSPs will be reviewed for completeness prior to evaluations of the Proposals.

For disqualified HSPs, the Proposal will be returned to the submitting Respondent, upon written request, after the selection of, negotiation with, and award of the requirements to the successful Respondent.

2.5 University’s Reservation of Rights: The University reserves the right to accept or reject any or all Proposals, waive any formalities, procedural requirements, or minor technical inconsistencies, and delete any requirement or specification from this RFP or the Contract when deemed to be in the best interest of the University. University reserves the right to seek clarification from any Respondent concerning any item contained in its Proposal prior to final selection. Such clarification may be provided by telephone, conference or personal meetings with or writing to University, at University’s sole discretion. University makes no representations, written or oral, that it will enter into any form of agreement or contract for any project with any Respondent to this Solicitation, and no such representation is intended or should be construed by the issuance of this Solicitation. Representations made by Respondent in its Proposal will be binding on Respondent.

2.6 Acceptance of Evaluation Methodology: By submitting its Proposal in response to this Solicitation, Respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm will require subjective judgments by the University. The results of this most qualified determination will be combined with the Proposal evaluation results to determine the “best mailto:HUB@txstate.edu https://comptroller.texas.gov/purchasing/ value” proposition for the University.

2.7 No Reimbursement for Costs: Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this Solicitation process shall be at the sole risk and responsibility of the Respondent. Respondents submit Proposals at their own risk and expense.

2.8 Eligible Respondents: Only individual firms or lawfully formed business organizations may respond.

The University will enter into a Contract only with an individual firm or formal organization that submits a Proposal.

2.9 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 Respondents must certify their eligibility by acknowledging the following statement, "Under Section 2155.004, Texas Government Code, the Respondent 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 any Contract resulting from this Solicitation without further obligation to the successful Respondent. This section does not create a cause of action to contest a Proposal or award of a state contract.

2.10 Proposal Validity Period: Each Proposal must state that it will remain valid for University’s acceptance for a minimum of ninety (90) days after the submittal deadline, to allow time for evaluation, selection, any required additional approvals, and any unforeseen delays.

2.11 Submittal Modifications/Withdrawals: Except as otherwise provided in this RFP, no Proposal may be changed, amended, or modified after it has been submitted to University. However, a Proposal may be withdrawn and resubmitted at any time prior to the submittal deadline. No Proposal may be withdrawn after the submittal deadline without the University’s consent, which will be based on Respondent’s submittal of a written explanation and documentation evidencing a reason acceptable to University, in University’s sole discretion.

2.12 Required Notices of Insurance Coverage: During the term of any contract resulting from this Solicitation, the successful Respondent Agrees to procure and maintain, at its expense:

2.12.1 Workers Compensation Insurance with statutory limits, and Employer’s Liability Insurance with limits of not less than $1,000,000:

Employers Liability - Each Accident $1,000,000

Employers Liability - Each Employee $1,000,000

Employers Liability - Policy Limit $1,000,000

Policies must include (a) Other States Endorsement to include TEXAS if business is domiciled outside the State of Texas, and (b) a waiver of all rights of subrogation and other rights in favor of University;

2.12.2 Commercial General Liability Insurance with limits of not less than:

Each Occurrence Limit $1,000,000

Damage to Rented Premises $ 300,000

Medical Expenses (any one person) $ 10,000

Personal & Advertising Injury $1,000,000

General Aggregate $2,000,000

Products - Completed Operations Aggregate $2,000,000

Policy will include independent Successful Respondent’s liability, covering, but not limited to, the liability assumed under the indemnification provision of this contract, fully insuring Successful Respondent’s (or Subcontractor’s) liability for bodily injury (including death) and property damage. Business Auto Liability Insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 Combined Single Limit Bodily Injury and Property Damage;

2.12.3 Comprehensive Automobile Liability Insurance, covering owned, hired, and non-owned vehicles, with a combined bodily injury (including death) and property damage minimum limit of $1,000,000 per occurrence. No aggregate shall be permitted for this type of coverage. Such insurance is to include coverage for loading and unloading hazards.

Coverage shall be written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and rated A- or better by A.M. Best Company or otherwise acceptable to the University.

Policies must include the following clauses, as applicable:

This insurance shall not be canceled, materially changed, or non-renewed until after thirty (30) days prior written notice has been given to the University. No policy will be canceled until after thirty (30) days' unconditional written notice to University.

It is agreed that the successful Respondent’s insurance shall be deemed primary with respect to any insurance or self-insurance carried by the University for liability arising out of operations under the any Contract resulting from this Solicitation with the University.

Texas State University and Texas State University Board of Regents are added as additional insured as respects the University’s interests under any Contract resulting from this Solicitation. The additional insured status must cover completed operations as well. This is not applicable to the workers’ compensation policy. All policies will be endorsed to provide a waiver of subrogation in favor of University. All policies with the exception of Workers’ Compensation and Employer’s Liability will be endorsed to provide primary and non-contributory coverage.

Without limiting any of the other obligations or liabilities of the successful Respondent, the successful Respondent shall require each Subcontractor performing work under any Contract resulting from this Solicitation, at the Subcontractor's own expense, to maintain during the term of any Contract resulting from this Solicitation, the same stipulated minimum insurance including the required provisions and additional policy conditions as shown above. As an alternative, the successful Respondent may include its Subcontractors as additional insured’s on its own coverage as prescribed under these requirements. The successful Respondent's certificate of insurance shall note in such event that the Subcontractors are included as additional insured’s, and that the successful Respondent agrees to provide Workers’ Compensation for the Subcontractors and their employees. The successful Respondent shall obtain and monitor the certificates of insurance from each Subcontractor in order to assure compliance with the insurance requirements. The successful Respondent must retain the certificates of insurance for the duration of any Contract resulting from this Solicitation plus 5 years and shall have the responsibility of enforcing these insurance requirements among its subcontractors. The University shall be entitled, upon request and without expense, to receive copies of these certificates.

2.13 Payment Terms: University shall pay for work performed under any contract resulting from this

Solicitation in accordance with Texas Government Code, Section 2251.021. The University’s standard terms of payment are Net 30 days; however, it will consider alternate payment terms if determined to be in the best interest of the University.

2.14 Parking Permit Requirements: There is no free parking on any Texas State University campus. The successful Respondent(s) will be required to purchase a parking pass for each vehicle that is parked on campus.

2.14.1 Non-construction related parking: May purchase red restricted permits that will allow a broader range of parking places. Perimeter parking permits may also be purchased. However, perimeter-parking places are generally off-campus. There are two fee for parking garages on campus. One at 405 N. Edward Gary Street and one at 704 Gaillardia Street.

2.14.2 Construction related parking: Construction related vehicles may be able to park inside the fenced staging areas, even though that space is not intended for parking use, but area will be limited to one to four spaces and be set aside for the Job Superintendent and other essential personnel. The Job Superintendent will provide the authorization for utilizing this space. A dashboard permit will be provided to vehicles that are approved to park inside the staging fence at no charge. This permit must be displayed at all times when parking inside the staging fence.

Vehicles parked outside the pre-arranged staging area may be subject to ticketing, immobilization (booting), and towing at the vehicle owner’s expense.

2.14.3 All other personnel must purchase perimeter permits, will park in lot P/AZ 10W (Bobcat Stadium West) and be transported to the worksite. Permits must be displayed in all vehicles to legally park on campus.

2.14.4 Vehicles illegally parked on campus or do not have a visible permit may be subject to ticketing, immobilization (booting), and towing at the vehicle owner’s expense.

For parking permit types and associated costs, please visit the following link:

https://www.facilities.txst.edu/pdc/vendor-information-page.html

The parking map may be viewed at https://www.parking.txst.edu/map.html

2.15 Nondiscrimination: In their execution of this agreement, all contractors, subcontractors, 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.

2.16 Criminal Background Checks: Successful Respondent shall be required to provide criminal background checks on employees that will be assigned to work on campus Provider will provide representation that it has conducted the following background checks on its officers, employees, or other persons it causes to be on the campus:

2.16.1 Sex offender and criminal history databases where the above individuals will be placed on campus, working with or around students;

https://www.facilities.txst.edu/pdc/vendor-information-page.html https://www.parking.txst.edu/map.html

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

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

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

2.17 Payment and Performance Bonds: The successful Respondent may be required to secure payment and performance bonds at any time during the contract term. The need for bonds will be determined by the University’s designee. The successful Respondent agrees to execute the Payment and Performance Bonds within ten (10) calendar days after notification. The bond(s) shall be in the amount specified by the University’s designated representative.

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

*Remainder of page left intentionally blank*

Section 3 – Requirements of Proposal

Respondents shall carefully read the information contained in the following criteria and submit a complete response to all requirements in Section 3 and formatted as directed in Section 4.1. Incomplete responses will be considered non- responsive and will be subject to rejection.

3.1 Criterion One - Respondent’s Ability To Provide Testing and Balancing Services (10%):

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; and

• Available bonding capacity and current backlog.

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

3.1.3 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.

3.1.4 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 Criterion Two – Qualifications and References of Testing and Balancing Team (15%):

3.2.1 Provide resumes of the Respondent’s team that will be directly involved in the Projects, including their experience with similar projects, the number of years with the firm, the city of residence of each such person, and all licenses held with expiration dates. Include as applicable Principal-in-charge, Project Managers, and Technicians.

Provide a statement on the availability and commitment of the Respondent, its principal(s) and assigned professionals to undertake University projects should your firm be awarded a contract. Also include certification that the NEBB or TABB Certified Balancing Supervisor is registered and/or certified in the jurisdiction where the testing is to take place.

3.3 Criterion Three – Respondent’s Performance On Past Representative Projects (15%):

3.3.1 Identify and describe the Testing and Balancing Team’s past experience for providing the 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);

• Original and final Testing and Balancing cost;

• Final project size in gross square feet;

• Dates of the Actual Notice To Proceed, Original Substantial Completion, Actual

Substantial Completion, and Final Payment dates for Services;

• Name of Project Manager (individual responsible to the Owner for the overall success of the project); and

• Name of Project Superintendent (individual responsible for coordinating the day-to-day work).

3.3.2 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; and

• 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 Criterion Four – Respondent’s Past Performance On Texas State University, State-Funded Projects Or Major Institutions Of Higher Education (20%):

3.4.1 Identify and describe the Testing and Balancing Team’s past experiences for providing these services on Texas State University projects and/or any other state funded projects or “major” institutions of higher education within the last five (5) years.

If the respondent has not previously provided these services for Texas State University, then identify and describe the respondent’s past performance on Testing and Balancing projects for “major” institutions of higher education (or other state funded projects) within the last five (5) years. Projects may repeat with section 3.3 above.

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

• Project name, location, contract delivery method, and description;

• Color images (photographic or machine reproductions);

• Original and final Testing and Balancing cost;

• Final project size in gross square feet;

• Dates of the Actual Notice To Proceed, Original Substantial Completion, Actual

Substantial Completion, and Final Payment dates for Services;

• Name of Project Manager (individual responsible to the Owner for the overall success of the project; and

• Name of Project Superintendent (individual responsible for coordinating the day to day work).

3.5 Criterion Five – Respondent’s Project Planning and Scheduling (15%):

3.5.1 Describe what you perceive are the critical issues for Testing and Balancing projects.

3.5.2 Describe your approach to assuring timely completion of projects, 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.

3.6 Criterion Six – Respondent’s Quality Control Program (15%):

3.6.1 Describe your quality control program. Explain the methods used to ensure quality control during testing and balancing projects. Provide specific examples of how these techniques or procedures were used from any of the projects listed in response to Section 3.7 of this RFP.

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

3.7 Criterion Seven – Respondent’s Project Safety Program (10%):

3.7.1 Describe your job site safety program for testing and balancing projects and specific safety policies in which employees must be in compliance.

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

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

3.8 Criterion Eight – Cost:

3.8.1 Includes the cost of the Respondent’s goods or services and may include the total long-term cost to the University for acquiring the Respondent’s goods or services. Pricing and Delivery Proposals shall be submitted separate from the Qualifications, Response to the Scope of Work (SOW), and Execution of Offer, as outlined in Section 2.1.5.

Section 4 – Format of Proposals

4.1 General Instructions:

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

4.1.2 Proposals shall be a MAXIMUM OF FIFTY (70) PRINTED PAGES SINGLE-SIDED OR

TWENTY-FIVE (35) DOUBLE-SIDED (Not including the HSP). The cover, table of contents, divider sheets, HSP (Section 1.13), and Pricing and Delivery Proposal and Execution of Offer do not count as printed pages.

4.1.3 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.

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

4.1.5 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 University, at its option.

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

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

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

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

Proposals.

4.2 Page size, binding, dividers, and tabs:

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

4.2.2 Additional attachments shall NOT be included with the Proposals.

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

4.3 Table of Contents:

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

Qualifications.

4.4 Pagination:

4.4.1 Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.); the

Respondent is not required to number the pages of the HSP.

Section 5 – Scope of Work

5.1 General: The minimum requirements and the specifications for the services, as well as certain requests for information to be provided by Respondent as part of its Proposal, are set forth below.

5.2 Project Description and Scope for Testing and Balancing:

SCOPE OF SERVICES: The Contractor(s) shall provide Testing and Balancing (TAB) Services as they may relate to new construction, major renovations, and/or facility operations and shall be available for all phases of each project designated by Texas State University and shall perform all services by providing all supervision, manpower, materials, equipment and supplies necessary. The Contractor(s) will act as a liaison between the Owner, Engineer, and the Contractor and inspect the installation of the mechanical piping system, sheet metal work, temperature controls and other component parts of the heating, air conditioning, and ventilating systems being retrofitted, repaired, or added under the resulting Contract(s). Services to be provided may include but are not limited to the following:

5.2.1 Air Conditioning Systems: Contractor shall check, adjust, and balance components of the air conditioning system which will result in optimal noise, temperature, and airflow conditions in the conditioned spaces of the building while the system equipment is operating economically and efficiently. This is intended to be accomplished after the system components are installed and operating as specified in the Contract Documents. It is the responsibility of the Contractor to place the equipment into service.

1. During the design phase, before drawings and specifications are finalized, review and provide comments about the drawings and specifications related to systems balancing.

2. During construction, review and provide comments about equipment/system submittals such as for control diagrams, air handling devices, etc., related to systems commissioning and systems balancing.

3. Provide skilled technicians to execute equipment start-up and execute functional performance tests.

4. Provide skilled technicians to perform function all performance testing and correct deficiencies (differences between specified and observed performance) as interpreted by the Owner and Owner's consultants and retest the equipment as necessary.

5. Variable air volume systems shall be balanced in accordance with Associated Air Balance Council (AABC) 2002 Standard, Sixth Edition or most current edition, or other applicable standards as directed by Owner.

6. Provide reports in both hard copy and electronic format to the Owner related to actual operating conditions. The report shall include at least the following data: date tested, personnel present, weather conditions, nameplate record of test instrument, and list all measurements taken after all systems corrections. Measurements and recorded readings (of air, water, electricity, etc.) that appear in the report must have been made onsite by permanently employed technicians or engineers of the Services Provider.

7. During the balancing process, as the Services Provider discovers abnormalities and malfunctions of equipment or components, Services Provider shall advise the Owner in writing so that the condition can be corrected by the Contractor prior to finishing the TAB scope of Work. Data from malfunctioning equipment shall not be recorded in the final TAB report.

8. Contractor shall utilize ultrasonic flow meter to balance water flow of new or existing water systems if the original pressure drop data is not available. Contractor shall remove insulation as necessary to use flow meter and repair any insulation that was removed during TAB balancing.

9. Automatic temperature controls shall be calibrated; and all thermostats and dampers adjusted so that the control system is in proper operating condition, subject to the approval of the University.

10. The Contractor shall report to University all air distribution devices or other equipment that operate noisily so that corrective measures may be implemented by the Contractor at no additional cost to the University.

11. Provide documentation to the University with a list of the gauges, thermometers, velometer, and other balancing devices to be used in balancing the system. Submit evidence to show that the balancing devices are properly calibrated before proceeding with system balancing.

12. Technical investigations, feasibility studies, and other professional reports.

13. Other services as may be necessary to address specific project needs.

5.2.2 Air Balance: When systems are installed and ready for operation, Contractor shall perform an air balance for all air systems and record the results. The outside, supply, exhaust and return air volume for each air handling unit, supply fan and exhaust fan and the supply, exhaust or return air volume for each distribution device (excluding air inlets and outlets) shall be adjusted to within +/- 5 percent of the value shown on the Drawings. Air handling unit and fan volumes shall be adjusted by changing fan speed and adjusting volume dampers associated with the unit. Air distribution device volume shall be adjusted using the spin-in tap damper for flexible duct connected devices and the device opposed blade damper (OBD) for duct connected devices. Air distribution devices shall be balanced with air patterns as specified. Duct volume dampers shall be adjusted to provide air volume to branch ducts where such dampers are shown.

1. Filters: Check air filters and filter media and balance system with essentially clean filters and filter media.

2. Blower Speed: Measure and adjust RPM at each fan or blower according to design requirements.

3. Ampere Readings: Measure and record full load amperes for motors.

4. Static Pressure: Static pressure gains or losses shall be measured across each supply fan, cooling coil, heating coil, return air fan, air handling unit filter and exhaust fan. These readings shall be measured and recorded for this report at the furthest air device or technical unit from the air handler supplying that device. Static pressure readings shall also be provided for systems which do not perform as designed.

5. Equipment Air Flow: Adjust and record exhaust, return, outside and supply air CFM(s) and temperatures, as applicable, at each fan, blower and coil.

6. Coil Temperatures: Set controls for full cooling and for full heating loads. Read and record entering and leaving dry bulb and wet bulb temperatures (cooling only) at each cooling coil, heating coil and reheat coil at each VAV technical unit. At the time of reading, record water flow and entering and leaving water temperatures (In variable flow systems adjust the water flow to design for all the above readings).

7. Zone Air Flow: Adjust each HVAC VAV terminal unit and VAV air handling unit for design CFM.

8. Outlet Air Flow: Adjust each exhaust inlet and supply diffuser, register and grille to within + 5 percent of design air CFM. Include all technical points of air supply and all points of exhaust. Note: For Labs and rooms that are negative exhaust air flow shall be set to design+ 10 percent and supply to design - 5 percent. Positive areas will have opposite tolerances.

9. Pitot Tube Traverses: For use in future troubleshooting by Owner, all exhaust ducts, main supply ducts and return ducts shall have air velocity and volume measured and recorded by the traverse method at design full airflow condition. Locations of these traverse test stations shall be described on the sheet containing the data.

5.2.3 Hydronic System Balance: When systems are installed and ready for operation, Contractor shall balance all chilled, heating hot water, condenser (cooling tower), and process water…