ESBD_383359_1732633164973_RFP 808-25-250510 .pdf

Magoffin Home State Historic Site RFP #808-25-250510 Structural Repairs to the Visitor Center THC Project #HSD-2024-038

Historic Sites Division P.O. Box 12276

Austin, Texas 78711

RFP# 808-25-250510

Request for Proposals for

Construction Manager-at-Risk

FOR

Structural Repairs to the Magoffin Home Visitor Center

Magoffin Home State Historic Site El Paso County, Texas

THC Project # HSD-2024-038

THC Contact: ISSUE DATE: November 26, 2024 Christi Duve, THC Purchaser, CTCD, CTCM PROPOSALS DUE DATE: December 5, 2024 at (512) 475-3909 christi.duve@thc.texas.gov 2:00 P.M. Central Time mailto:christi.duve@thc.texas.gov

TABLE OF CONTENTS

Signature Page ____________________________________________________________________ 3

Section I- General _________________________________________________________________ 4

Section II- Project Description _______________________________________________________ 8

Section III- Scope of Work ___________________________________________________________ 9

Section IV- Submittal Information ____________________________________________________ 12

Section V- General Terms and Conditions ______________________________________________ 20

EXHIBITS

Exhibit A Execution of Offer (provided by THC, to be completed by bidder)

Exhibit B Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the

Offer (provided by THC, to be completed by bidder)

Exhibit C CMR Proposal Form (provided by THC, to be completed by bidder)

Exhibit D Contractor’s Qualifications Statement (provided by THC, to be completed by bidder)

Exhibit E CMR Services Contract Template (provided by THC, for reference)

Exhibit F Insurance Requirements for CMRs (provided by THC, for reference)

Exhibit G Prevailing Wage Rates (provided by THC, for reference)

Exhibit H Performance Bond (provided by THC, for reference)

Exhibit I Payment Bond (provided by THC, for reference)

Exhibit J Contractor’s Progress Payment Affidavit (provided by THC, for reference)

Exhibit K Contractor's Final Payment Affidavit (provided by THC, for reference)

Exhibit L Consent of Surety to Final Payment (provided by THC, for reference)

Exhibit M RFP Checklist (provided by THC, for reference)

Exhibit N Uniform General Conditions and Supplementary Conditions for THC Construction Contracts

Exhibit O Special Conditions

Exhibit P Structural Assessment by JQ Infrastructure dated January 9, 2024 (provided by THC, for reference)

Exhibit Q HUB Subcontracting Plan (provided by THC, to be completed by respondent)

Exhibit R THC General Terms and Conditions (provided by THC, for reference)

TEXAS HISTORICAL COMMISSION

REQUEST FOR PROPOSALS

SIGNATURE PAGE

NOTE: THIS FORM MUST BE COMPLETED, SIGNED, & RETURNED WITH THE PROPOSAL

ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF PROPOSAL, ANY

EXCEPTIONS THERETO MUST BE IN WRITING

Return sealed proposals via one of the methods described at paragraph 4.3.5 below.

“THC reserves the right to accept late proposals; however no submittals shall be accepted once the submittal opening process has begun, notwithstanding acceptable evidence that the delivery of the submittal was the fault of the shipper or the submittal was under agency control at the time of the opening.”

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

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

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

PIN: ____________________________________________ Phone: (_____) __________-___________

Business Name: ___________________________________ Fax Number: (_____) _________-___________

Address: _________________________________________ HUB Certified? [ ] Yes [ ] No

City-State-Zip: _____________________________________ HUB #: ________________________

Email Address: ____________________________________

Signature: ________________________________________ Print Name: ____________________________

AWARD NOTICE: The State reserves the right to accept or reject all or any part of a proposal and waive minor technicalities. The State will award the contract to best serve the interests of the State.

RFP No.: RFP# 808-25-250510 RFP Deadline: December 5, 2024

RFP Closing: 2:00 P.M. Local Time

NOTE: THIS FORM MUST BE COMPLETED, SIGNED, & RETURNED WITH THE PROPOSAL

https://www.txsmartbuy.com/esbd

REQUEST FOR PROPOSALS FOR

A CONSTRUCTION MANAGER-AT-RISK (CMR)

RFP 808-25-250510

Class/Item:

909/62 Maintenance and Repair, Residential Buildings

910/51 Masonry, Concrete, and Stucco Maintenance, Finishing, and Repair Services

914/55 Masonry

958/26 Construction Management Services

961/21 Cost Estimating

SECTION I

GENERAL

1.1 SCOPE: In accordance with the provisions of Texas Government Code (TGC), Chapter §2155.137, Emergency Purchases, and TGC §2269, Subchapter F, Construction Manager-at-Risk Method, THC is requesting qualifications and pricing to select a Construction Manager-at-Risk (CMR) for the Magoffin Home Visitor Center Structural Repairs at the Magoffin Home State Historic Site (the Project), located in El Paso County, Texas.

The selected Construction Manager is to assist the Texas Historical Commission and it’s contracted A/E with cost estimating, material selection, constructability, and value engineering during the Pre-Construction Phase and then, if THC accepts the GMP Proposal, shall provide Construction Phase services to complete the project.

This project will be administered by THC (Owner). Respondents will be evaluated on experience, qualifications, and fees as detailed in Section IV, Submittal Information. The highest ranked five or fewer respondents may be asked to participate in a competitive interview.

For consideration of this RFP, respondents should consider the “Cost of Work’ to be $250,000.00 (Two-hundred fifty thousand Dollars). The ‘Cost of Work’ should be considered as the basis for the construction budget, or Guaranteed Maximum Price (GMP), but it does not include Preconstruction Services Management fees, Construction Management Phase fees, and Construction General Conditions.

1.2 DEFINITIONS:

a) Addendum - A modification of the specifications issued by the THC and distributed to prospective Respondents prior to the opening of proposals;

b) Exhibit Q, HUB Subcontracting Plan (HSP) - The Historically Underutilized Business (HUB) Subcontracting

Plan (HSP) required by Chapter 2161 of the Texas Government Code (TGC) and by Title 34, Chapter 20, Subchapter B, §20.10- §20.28 of the Texas Administrative Code (TAC).

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

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

e) Contract - The contract awarded as a result of this RFP and all Exhibits thereto. This RFP, any Addenda issued in conjunction with this RFP, the successful Respondent's Proposal, any BAFO, and subsequent submission by

Respondent, shall all be fully incorporated therein as Exhibits.

f) Cost of Work – means the amount the Respondent should consider as the basis for computing budget, or

Guaranteed maximum Price (GMP), not including any pre-construction management fees, construction management fees, and construction general conditions.

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

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

i) Gov't Code - Texas Government Code (TGC).

j) Historically Underutilized Business (HUB) – pursuant to Tex. Govt. Code, Chapter §2161,252 means a business that is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a

Native American and/or an American Woman; United States Veteran with a minimum 20% Disability rating; is an entity with its principal place of business in Texas; and has an owner residing in Texas with proportionate interest that actively participates in the control, operations, and management of the entity’s affairs.

k) Interview – means the secondary evaluation process during a two-step evaluation phase, to include five or fewer respondents evaluated initially to be in the competitive range, for the purposes of further distinguishing between the initial solicitation response through verbal questioning and re-scoring of the stated evaluation criteria.

l) Notice to Proceed with Construction - The written notice to be issued to awarded respondent by THC, which shall inform respondent of, among other things, the date to begin a specific phase of Work and the respective date anticipated for Substantial Completion of the specific phase of Work. The effective date of the first Notice to Proceed shall constitute the starting date of the Contract Time.

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

n) Owner - The Texas Historical Commission (THC).

o) Owner’s Project Manager - The individual designated by the Owner authorized to represent the Owner during the performance of the contract.

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

q) Respondent – An entity who submits a Proposal in response to this solicitation.

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

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

1.3 CONTRACT TERM: For planning purposes only, the pre-construction time period is estimated to be one hundred and twenty (120) calendar days. Construction is required to commence and reach Substantial Completion in accordance with the Notice to Proceed issued by THC.

1.4 COMPENSATION.

A. Basis of Payment. The basis of payment is set forth in Exhibit C, CMR Proposal Form. Acceptance by THC of the work is a condition of payment.

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

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

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

(2) pending verification that work is satisfactory;

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

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

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

(6) should the submitted Progress Assessment Report (PAR) that accompanies the invoice is rejected by the THC HUB Program.

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

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

1.5 RFP PROTEST PROCEDURES: Pursuant to 13 TAC §11.13:

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

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

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

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

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

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

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

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

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

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

(3) a precise statement of the relevant facts;

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

(5) argument and authorities in support of the protest; and

(6) a statement that copies of the protest have been mailed or delivered to all other identifiable interested parties.

Upon request, the commission will furnish to the requestor a list of interested parties, as reflected in the records of the commission.

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

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

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

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

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

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

1.6 AUTHORITY. The THC posts this solicitation pursuant to Texas Government Code (TGC) Section §2155.137, §442.101, §2269.155 (d) and §2269.253 (f).

As defined in TGC §2269.253 (b)(1) this procurement will be solicited as a one-step process.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

SECTION II

PROJECT DESCRIPTION

2.1 Provide pre-construction phase and construction phase as described in Exhibit E - CMR Services Contract, for the Magoffin Home Visitor Center Structural Repairs at the Magoffin Home State Historic Site, located in El Paso County, Texas.

2.2 The work includes, but is not limited to, structural repairs to the existing Visitor Center including brick removal and replacement, foundation stabilization and repair, repair and replacement of interior architectural finishes and all other items as defined in the Construction Documents prepare by JQ Infrastructure. Refer to Exhibit E for detailed description of services.

2.3 A structural assessment been completed by JQ Infrastructure. See Exhibit P.

SECTION III

SCOPE OF WORK

3.1 PRECONSTRUCTION SERVICES: Collaborate with THC and its Architects and Engineers (A/E) in evaluating constructability of the project, including review and comments at completion of Construction Documents.

The Respondent’s expertise will be used to affect value engineering, establish a project schedule and ultimately determine the Guaranteed Maximum Price (GMP). The services include attending meetings, consultation of plan reviews, constructability reviews, and cost estimating. The following is an overview of the services to be provided.

Refer also to Exhibit E - CMR Services Contract template.

A. Review the project’s GOALS AND PRIORITIES B. Review the overall PROJECT BUDGET C. Review the project’s TIME SCHEDULE D. Develop an OVERALL MANAGEMENT PLAN AND CRITICAL PATH METHOD (CPM)

MANAGEMENT of critical design and construction dates in order to accomplish the stated objective.

E. NOT USED.

F. NOT USED.

G. CONSTRUCTION DOCUMENTS (60% DRAWINGS)

(1) Prepare and update estimate in the CSI format working drawings stage, and recommend any changes necessary to stay within Owner’s budget and time schedule.

(2) Review the drawings and specifications and make written comments and suggestions.

(3) Attend face-to-face meetings with Owner at project site.

H. CONSTRUCTION DOCUMENTS / PROPOSAL PHASE (100% DRAWINGS)

(1) Prepare and update estimate in the CSI format working drawings stage, and recommend any changes necessary to stay within Owner’s budget and time schedule.

(2) Review the drawings and specifications and make written comments and suggestions.

(3) Develop a detailed CPM network schedule.

(4) Attend face-to-face meetings with Owner at project site.

I. Prepare SUBCONTRACTOR PROPOSAL PACKAGES

(1) Project Manual, outlining the requirements of the construction.

(2) Schedule.

(3) Detailed scope of work.

(4) Detailed document listing.

(5) Proposal forms for each proposal package.

(6) Form of contract and purchase order forms.

(7) Insurance requirements.

(8) Bonding requirements.

(9) Other special requirements.

J. CONDUCT PRE-PROPOSAL MEETINGS addressing:

(1) Project requirements.

(2) Document review for specific questions.

(3) Sequence / schedule review.

(4) Site restrictions.

(5) Owner and A/E comments.

(6) Other questions raised during discussions.

K. RECEIVE PROPOSALS

(1) Prepare proposal tabulations for each proposal package.

(2) Review proposals for compliance with contract documents.

(3) Review proposer’s qualifications, past experience and financial strength.

(4) Develop recommendations for awards and submit all information to Owner and A/E for review.

(5) Assist Owner in preparation of Amendment to document (Guaranteed Maximum Price) Owner/Construction Manager at Risk Agreement.

(6) Prepare all subcontractors’ Construction Manager/Subcontractor agreements and other paperwork. Submit Performance and Payment Bonds, insurance, and other required items.

L. GUARANTEED MAXIMUM PRICE: Submit Guaranteed Maximum Price for base bid work for approval by the Texas Historical Commission.

3.2 CONSTRUCTION PHASE SERVICES: In accordance with the approved schedule and Guaranteed Maximum Price Proposal, facilitate bidding and selection of subcontractors in accordance with the Exhibit Q, HUB Subcontracting Plan, provide and/or secure and install all materials, labor, coordination, management and supervisory activities necessary to complete construction of the Project in accordance with the drawings, specifications and other contract documents that will be prepared by the A/E & THC.

A. PROVIDE PROJECT COORDINATION AND MANAGEMENT OF SUBCONTRACTORS

(1) Establish site organization, including work and storage areas.

(2) Establish job site management organization and job site procedures.

(3) Maintain daily log for job site record and maintain as-built drawings and records.

(4) Provide general conditions work to meet project requirements.

(5) Monitor and maintain quality control.

(6) Review and approve shop drawings prior to submitting to the A/E.

(7) Provide equipment and material control.

(8) Provide and monitor overall progress.

(9) Prepare billings and progress payments.

(10) Conduct subcontractor coordination meetings.

(11) Provide coordination among subcontractors.

(12) Prepare and receive requests for information from subcontractors. Respond if information is available or prepare CMAR RFI and submit to A/E for response.

(13) Establish, monitor, and maintain safety program and procedures.

(14) Prepare agendas and conduct weekly safety and progress meetings.

(15) Prepare and distribute weekly safety and progress meeting minutes.

B. PROJECT CLOSE-OUT/POST CONSTRUCTION

(16) Secure and assemble warranties or guarantees.

(17) Instruct operating personnel in equipment operating and maintenance procedures.

(18) Complete all punch list items.

(19) Implement close-out procedures and ensure requirements are met including:

a. Subcontractors and vendors’ final payment.

b. Resolution of claims.

c. Final change orders.

d. Lien releases.

e. Final lien waivers.

f. Consent of sureties.

(20) Provide full time Superintendent on the job-site until the punch-list is complete at no additional cost to the Owner.

(21) Receive warranty/guaranty work items from Owner, contact subcontractors, and monitor work to ensure satisfactory repairs in a timely manner.

3.3 Solicitation Documents are available for review on the state of Texas Electronic State Business Daily (ESBD) at https://www.txsmartbuy.com/esbd . From the ‘Agency/Texas SmartBuy Member Name select “Agency 808 Texas Historical Commission”, then from the ‘Status’ drop down box select ‘Posted’, then select ‘Search’..

3.4 SUBCONTRACTORS: Subcontractors providing service under the purchase order shall meet the same requirements and level of experience as required of the respondent. No subcontract under the purchase order shall relieve the primary respondent of responsibility for the service. If the respondent uses a subcontractor for any or all of the work required, the following conditions shall apply under the listed circumstances:

3.4.1. Respondents planning to subcontract all or a portion of the work shall identify the proposed subcontractors on Exhibit Q, HUB Subcontracting Plan.

3.4.2. Subcontracting shall be at the respondent’s expense.

3.4.3. THC retains the right to check subcontractor’s background and make determination to approve or reject the use of submitted subcontractors.

3.4.4. The respondent shall be the only contact for THC and subcontractors. Respondent shall list a designated point of contact for all THC and subcontractor inquiries.

SECTION IV

SUBMITTAL INFORMATION

4.1. SCHEDULE OF EVENTS: The solicitation process for this RFP will proceed according to the following proposed schedule. The schedule listed is for planning purposes only and subject to change.

EVENT DATE

Owner issues RFP November 26, 2024 Questions from respondents due in writing by November 27, 2024 Questions answered (in posted addendum) by December 2, 2024, or soon thereafter Proposals due December 5, 2024, at 2:00 p.m. CST Issue Notice of Intent to Award December 10, 2024 Insurance and Bonds Due December 20, 2024 Contract Signature January 6, 2025

4.2. SUBMISSION REQUIREMENTS: Listed below is a summary of all information to be included in Respondent’s submittal in response to this RFP. THC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. You are required to email items A-M to responses@thc.texas.gov by the RFP deadline. Submittals that do not follow these criteria may be considered non-responsive. Submittals should be organized, concise, and complete. Submittal pages should be numbered and contain a paginated table of contents

4.2.1. Submission:

Respondents shall submit one (1) signed original of

a) Signature Page, p.3

b) Exhibit A, Execution of Offer

c) Exhibit B, Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the Offer

d) Exhibit C, CMR Proposal Form

e) Exhibit D, Contractor’s Qualifications Statement

f) Exhibit M, RFP Checklist

g) Litigation History Statement

h) Exhibit Q, HUB Subcontracting Plan

i) Acknowledgement of Addenda (if applicable)

j) Company Information and Relevant Experience

k) Qualifications of Assigned Staff

l) Evidence of Financial Responsibility and Stability

m) Bid Bond

Note: The one (1) original submitted response must contain all submission items A-M in a PDF document.

Respondents must email your RFP response to responses@thc.texas.gov

Item (m) Bid Bond allows for a pdf copy of the original notarized surety bond to be submitted with the RFP response.

Respondent is required to submit the original notarized surety bond via overnight delivery to the address and point of contact below:

mailto:responses@thc.texas.gov

Texas Historical Commission 1700 Congress Avenue Austin, Texas 78701 ATTN: Christi Duve

4.2.1.1. Submittal pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal.

4.2.1.2. Costs: THC will not reimburse the Respondent for any related cost related to its Response. The Respondent is responsible for any expense related to the preparation and submission/delivery of its Proposal.

4.2.1.3. Any respondents finding discrepancies between the provided documents, or in doubt as to their exact meaning, shall notify THC at once. THC, may then, as an option, issue addenda clarifying the same. THC is not responsible for oral instructions or for misinterpretation of the drawings and specifications. Refer to Section IV, Submittal Information, par. 4.3.3., Inquiries, regarding how to submit questions.

4.2.1.4. Respondents will be held to have satisfactory understanding regarding all existing conditions and to have included in the proposal an amount sufficient to cover all work including permits, fees, etc.

4.2.1.5. Electronic submissions must not be password-protected. Submission of password-protected proposals will be considered non-responsive and the Response will be rejected.

4.2.2. Submittal Contents: Below is a summary of required information. Submittals without this information will be evaluated accordingly. THC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

4.2.2.1. Company Information and Relevant Experience: Complete all information on Exhibit D, Contractor’s Qualifications Statement. Refer to 4.4. Scoring Criteria, 4.4.2. Criteria Two:

Respondent’s Comparable Experience for more information.

4.2.2.2. Qualifications of Assigned Staff: Submit resumes for both the project manager and the site superintendent who will be assigned to the project. Respondent may also provide narrative that describes, in detail, any additional qualifications. Refer to 4.4. Scoring Criteria, 4.4.3. Criteria Three: Respondent’s Assigned Staff Qualifications for more information.

4.2.2.3. Exhibit A, Execution of Offer: Failure to sign and return the Execution of Offer with the response shall result in rejection of the response.

4.2.2.4. Exhibit B, Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the Offer: Failure to sign and return the Execution of Offer with the response shall result in rejection of the response.

4.2.2.5. Exhibit C, CMR Proposal Form: This form must be completed and returned. Respondents may not add qualifications, conditions or exceptions to the proposal. Any such representation by the respondent may be cause for rejection of the proposal, at the full and sole discretion of THC.

4.2.2.5.1. The Proposal: The proposal (as more fully set forth in the Exhibit C, CMR Proposal Form,) shall be in four parts. Only parts 1-2 listed below will be utilized in computing the score for compensation and fees.

4.2.2.5.1.1. A Preconstruction Phase Services Not-to-Exceed fee for collaboration with THC and its A/E during the pre-construction phase described in Section III, 3.1.

Preconstruction Services.

4.2.2.5.1.2. A Construction Phase Services Fee as a percentage of the estimated Cost of Work.

Such fee shall represent overhead and profit.

4.2.2.5.1.3. A Not-to-Exceed fee for Construction General Conditions.

4.2.2.5.1.4. A monthly Not-to-Exceed fee for Construction General Conditions for approved time extensions. This amount will not be included as part of the proposal pricing for scoring purposes.

4.2.2.6. Exhibit D, Contractor’s Qualifications Statement: A Contractor’s Qualifications Statement must be submitted with the proposal. Failure to properly complete and provide this document may be cause for the Contractor's proposal to be rejected.

A respondent’s past performance will also be measured based upon pass/fail criteria, in compliance with applicable provisions of §§ 2155.074, §2156.007, and §2157.125, Government Code. Respondents may fail this selection criterion for any of the following conditions:

a. A score less than B or Legacy Unsatisfactory in the Vendor Performance System,

b. Currently under a Corrective Action Plan through the CPA or THC;

c. Having repeated negative Vendor Performance Reports for the same reason;

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

Contractor performance information is located on the CPA website at:

www.txsmartbuy.com/vpts

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

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

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

4.2.2.8. Exhibit F, Insurance Requirements for CMRs: The Exhibit F, Insurance Requirements for

CMRs shall be reviewed by an authorized agent of your insurance broker prior to submitting a response. Upon acceptance of the high scorer’s negotiated proposed pricing, the insurance requirements defined in Exhibit F, Insurance Requirements for CMRs shall be met by providing the Certificates of Insurance (COI’s) and the corresponding policy endorsements. Any inquiries concerning insurance requirements may be submitted to Christi Duve, Purchaser, by email to: christi.duve@thc.texas.gov

4.2.2.9. Bid Bond: Submittals shall be accompanied by a bid security in the form of an original bid bond, certified and/or cashier’s check (on a solvent bank in the State of Texas) drawn to order http://www.txsmartbuy.com/vpts of the Texas Historical Commission, in the sum of $25,000.00. No other form of security will be accepted. The Bid Bond submitted by the awarded respondent will be held until GMP is accepted by THC, and Performance and Payment Bonds subsequently received and approved (See also Article 5, Uniform General Conditions).

4.2.2.9.1. Should the contractor fail, neglect, or refuse to begin performance of the contract after receiving the award, said security may be forfeited to THC. Performance shall be considered begun upon acknowledgement of the contract award and the furnishing of all required security bonds and insurance coverage.

4.2.2.9.2. If THC has not made an award within 90 (ninety) calendar days after responses are opened, respondents may withdraw their responses without prejudice; however, respondents have the option to extend the time in which their bids will be honored after this 90 (ninety) day period.

4.2.2.10. Litigation: <Pass/Fail>

4.2.2.10.1. Provide details of all litigation history, including but not limited to administrative claims and proceedings and arbitration within the past five (5) years.

4.2.2.10.2. Respondents involved in litigation, depending upon the circumstances, may be disqualified.

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

11.2% for heavy construction other than building contracts;

21.1% for all building construction, including general contractors and operative builders contracts;

32.9% for all special trade construction contracts;

23.7% for all professional services contracts;

26.0% for all other services contracts; and 21.1% for commodities contracts.

As mandated by 34 TAC § 20.14, respondents must submit an Exhibit Q, HSP that identifies all subcontracting items and complies with good faith effort requirements outlined in Exhibit Q, HSP and in accordance with the Texas Comptroller of Public Accounts HUB rules [34 TAC §20.14 (d)(1)(D)(iii)]. Exhibit Q, HSP submitted with the response to this RFP solely addresses the pre-construction collaborative phase of the scope of work. A revised HSP shall be submitted by the awarded respondent prior to actual construction commencement.

4.2.2.11.1. Pursuant to TGC § 2161.252(B), the Texas Historical Commission shall reject any

Response that does not include a fully completed Exhibit Q, HSP. An incomplete Exhibit Q, HSP is considered a material failure to comply with the solicitation requirements.

4.2.2.11.2. Exhibit Q, HSP shall become a provision of the contract between the awarded Respondent and THC. The awarded Respondent can only change the Exhibit Q, HSP if (a) the Respondent complies with 34 TAC Section 20.14; (b) the Respondent provides its proposed changes to THC for review; (c) THC approves the Respondent’s proposed changes to its Exhibit Q, HSP; and (d) THC and the Respondent amends their contract by submitting a revised Exhibit Q, HSP containing the changes approved by

THC.

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

If further assistance is needed in preparing the Exhibit Q, HUB Subcontracting Plan, potential respondents may contact the THC HUB Coordinator Dr. Carol Egele at carol.egele@thc.texas.gov

4.2.2.12. Addenda: The Owner reserves the right to issue addenda at any time prior to the proposal due date. (See also Division 1, General Requirements - Special Conditions). All addenda will be posted on the Electronic State Business Daily. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a bid. The Respondent’s failure to periodically check the ESBD will in no way release the selected contractor from complying with the information contained therein. All addenda shall be acknowledged as received on the Contractor’s Price Proposal Form.

4.2.3. Inquiries and Exceptions:

4.2.3.1. All inquiries shall be submitted in writing to Christi Duve at christi.duve@thc.texas.gov by the date listed as the deadline for submission of questions as specified in Section 4.1 above.

4.2.3.2. All written inquiries will result in written responses as an Addendum to the Electronic State Business Daily at: https://www.txsmartbuy.gov/esbd per the deadlines set forth in 4.1 Schedule of Events, Questions and Answers. This time period will be known as the Question/Answer period. After this time period, questions or inquires will not be addressed, unless by specific clarifying questions from THC during evaluations or negotiations. If respondents do not have Internet access, copies may be obtained through the point of contact listed above.

4.2.3.3. Upon issuance of this RFP, employees and representatives of THC will not answer questions or otherwise discuss the contents of the RFP except as described in 4.3.3.2 above. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this solicitation.

4.2.3.4. If Respondent takes any exceptions to any provisions of this Solicitation, these exceptions must be specifically and clearly identified by Section in Respondent's Response in response to this Solicitation and Respondent's proposed alternative must also be provided in the Response.

Respondents cannot take a 'blanket exception' to this entire Solicitation. If any Respondent takes a 'blanket exception' to this entire Solicitation or does not provide proposed alternative language, the Respondent's Response may be disqualified from further consideration. Any exception may result in the Contract not being awarded to the Respondent.

mailto:carol.egele@thc.texas.gov https://www.txsmartbuy.gov/esbd

4.2.4. Submittal Deadlines:

4.2.4.1. All Responses shall be emailed received by the submittal deadline on the date/time specified in the Schedule of Events above (see 4.1). THC will use the date and time stamp recorded on the “received email” as displayed on the THC response email in-box at responses@thc.texas.gov

4.2.4.2. THC reserves the right to reject late submittals. however no submittals shall be accepted once the submittal opening process has begun, notwithstanding acceptable evidence that the delivery of the submittal was the fault of the shipper or the submittal was under agency control at the time of the opening.

4.2.4.3. Response PDF submittals must not be password protected. It is the responsibility of the Respondent to ensure the PDF document response is accessible to THC upon submission in response to this RFP at the time of the stated RFP submittal deadline.

4.2.4.4. Telephone and facsimile submittals will not be accepted.

4.2.4.5. Receipt of all addenda to this RFP shall be acknowledged by returning a signed copy of each addendum the submitted response.

4.2.4.6. THC will not consider any proposal that bears a copywrite.

4.2.4.7. As a state agency, THC will strictly adhere to the requirements of Chapter 552 of the Texas Government Code (the "Texas Public Information Act") regarding the disclosure of public information. As a result, by participating in this solicitation process Respondent acknowledges that all information, documentation, and other materials submitted in response to this solicitation may be subject to public disclosure under the Texas Public Information Act. THC does not have authority to agree that any information submitted will not be subject to disclosure.

Disclosure is governed by the Texas Public Information Act. Respondent is required to make any information created or exchanged with the state pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information.

THC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by respondents. If it is necessary for Respondent to include trade secrets or proprietary or otherwise confidential information in its submittal, Respondent must clearly mark in bold red letters the term “CONFIDENTIAL” using at least 14 point font, on that specific part or page of the submittal which Respondent believes to be confidential. All submittals and parts of submittals that are not marked confidential will be automatically considered to be public information. Should trade secrets or proprietary or otherwise confidential information be included in the submitted CD, as referenced in Section 4.3, Submission Requirements, par. 4.3.1, Submission, Respondent should mark the CD with the word “CONFIDENTIAL.” If THC receives a public information request seeking information marked by Respondent as confidential, Respondent will receive notice of the request as required by the Texas Public Information Act. If THC receives a public information request for submittals and parts of submittals that are not marked confidential, the information will be disclosed to the public as required by the Texas Public Information Act.

4.2.5. Delivery of Submittals: Responses shall be submitted to THC prior to the submittal deadline by the following methods:

Email

Texas Historical Commission

Attn: Christi Duve Emailed Responses To: responses@thc.texas.gov

Subject line: Response to RFP#808-25-250510 Submittal Deadline: December 5, 2024, 2:00PM CST

4.2.6. Response Opening:

4.2.6.1. Submittals will be opened at the Texas Historical Commission, 311 East 14th Street, Austin, Texas 78701.

4.2.6.2. The THC reserves the right to reject any or all responses and to waive any or all informalities in connection therewith. All submitted Responses become the property of THC after the RFP submittal deadline/opening date. The submitted Responses and accompanying documentation will not be returned.

4.2.6.3. Responses submitted shall constitute an offer for a period of 90 days or until a selection is made by THC, whichever occurs earlier. After 90 days, the vendor shall have the option of withdrawing the offer but is not obligated to do so.

4.3. SCORING CRITERIA: Respondents shall carefully read the information contained in the following criteria and submit a complete statement of Proposals to all questions in this Section. Incomplete Proposals will be considered non-responsive and subject to rejection.

4.3.1. Criteria One: Base Proposal Price [20 points]

4.3.1.1. Respondent shall use the CMR Proposal Form (Exhibit C) attached herein to provide the requested pricing as indicated. Scoring will be based on the total of the three component costs.

4.3.2. Criteria Two: Respondent’s Comparable Experience [40 points]

4.3.2.1. Respondent shall use the Contractor’s Qualifications Statement form attached herein as Exhibit D to describe a minimum of 3 (three) and a maximum of 6 (six) projects completed, or at least 80% complete within the past 5 (five) years by your organization. This is to demonstrate the firm’s capability to perform the work.

4.3.2.1.1. List the projects in order of relevance, with the projects that best demonstrate the firm’s ability to complete this project listed first.

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

4.3.3. Criteria Three: Respondent’s Assigned Staff Qualifications [40 points]

4.3.3.1. Provide detailed resumes for both the project manager (the primary point of contact at the Contractor’s main office) and the site superintendent (the person who will be on site full-time for the duration of the project) who will be assigned to the project. By submitting this information, you are certifying that the staff named will be assigned to the project. No substitutions will be permitted without advance approval from the Owner.

4.5. EVALUATION AND AWARD

4.5.1. The intent of THC is to award a contract to the respondent whose qualifications and pricing are considered to be the best value to the state as defined by Tex. Government Code, Section 2155.074.

4.5.2. An evaluation committee will be established to evaluate submittals. The committee will include employees of THC, and may include other impartial individuals who are not THC employees. By submitting qualifications in response to this RFP, Respondent accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the qualifications may involve some subjective judgments by the evaluation committee. The evaluation committee will evaluate and score each submittal based on the criteria described at 4.4 above.

4.5.3. The evaluation committee may conduct an interview of the finalist(s) to make a determination for award recommendation. The following will be expected during an interview:

4.5.3.1. A time limit will be established for the interview.

4.5.3.2. Attendance by team members assigned to the project to represent themselves as to their relevant experience and proposed involvement in the project. Representation by the Project Manager and the Superintendent is a critical component of the interview.

4.5.3.3. An Agenda for the interview will be provided by THC requiring an elaboration of company relevant experience, qualifications, and proposed methodology for the Project.

4.5.4. The Evaluation Committee will determine if Best and Final Offers are necessary and may negotiate final pricing per Texas Government Code, Chapter 2269, Subchapter D, §2269.254(b), (c). Award of a contract may be made without Best and Final Offers. THC may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their Proposals. A request for a Best and Final Offer is at the sole discretion of THC and if issued will be extended in writing.

4.5.5. THC reserves the right to not make awards.

4.5.6. In evaluating proposals to determine the best value for the State of Texas, THC may consider information related to past contract performance of a Respondent including, but not limited to, the Vendor Performance Tracking System located on the CPA website at: www.txsmartbuy.com/vpts.

Prior work performance with THC, and other State agencies or governmental entities which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification.

4.5.7. Right to Audit: Respondent understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor’s Office, THC or any successor agency, to conduct an audit or investigation in connection with those funds. Respondent further agrees to cooperate fully with the above parties in the conduct of the audit or investigation, including providing all records requested. Respondent shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the respondent and the requirement to cooperate is included in any subcontract awarded.

4.5.8. Protests shall be governed by Texas Administrative Code Title 13, Cultural Resources, Part 2 Texas

Historical Commission, Chapter 11 Administrative Department, Subchapter A Administration, §11.13 Formal Bid Protest Procedures.

http://www.txsmartbuy.com/vpts

4.5.9. Order of Precedence: In the event of conflicts or inconsistencies between this RFP and the resultant Contract, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract, Attachments to the Contract, Request for Proposals, and Respondent’s Proposal.

SECTION V

GENERAL TERMS AND CONDITIONS

Any Contract awarded as a result of this RFP will contain the general terms and conditions listed in Exhibit R and E – Construction Manager at Risk Contract Between the Texas Historical Commission and [Contractor].

Subcontractors are also obliged to comply with these provisions.