ESBD_454034_1758035918281_717-26-705, ITB for Track Resurfacing.pdf

INVITATION TO BID (ITB)

ITB #717-26-705

Track Resurfacing Project

DEADLINE FOR SUBMITTAL:

1:00 p.m. Central time; Tuesday, October 7, 2025

Texas Southern University

PROCUREMENT SERVICES

Attention: Thomas Britt

3100 Cleburne Street Mack O. Hannah Hall, Suite 333

Houston, Texas 77004 -4598

(Proposals received after the date and time specified will not be accepted)

ITB Number: 717-26-705 Track Resurfacing Project

Texas Southern University Date of Issuance: Tuesday, September 16, 2025 Procurement Services – Purchasing 3100 Cleburne Street, Room HH333 Deadline: Tuesday, October 7, 2025 Houston, TX 77004 1:00 p.m. Central Time

Under Section 231.006, Family Code, the Texas Vendor ID or FEI No. Vendor certifies that the individual or business entity named in this contract, offer, or application is not ineligible to receive the COMPANY NAME specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if ADDRESS this certification is inaccurate.

CITY STATE ZIP If the paragraph above is applicable, provide names and social security number of each person with at least 25% ownership. Vendors PHONE NUMBER EMAIL ADDRESS that pre-registered this information on the

Texas Procurement and Support Services Centralized Master Bidders List have satisfied

This Vendor agrees to comply with all conditions AUTHORIZED SIGNATURE DATE shown on this form.

FAILURE TO MANUALLY SIGN WILL

TYPE OR PRINT NAME OF SIGNER DISQUALIFY BID

E-MAIL ADDRESS ___________________________________

QUOTE F.O.B. DESTINATION PREPAID & ALLOWED Check below if preference is claimed under Rule 1 TAC 113.8 DELIVERY TIME DAYS [ ] Produced in Texas and/or Texas bidder [ ] Texas agricultural products TERMS OF PAYMENT: NET____DAYS [ ] USA produced supplies, materials or Equipment FREIGHT CHARGES: [ ] Historically Underutilized Business Certified If quoting other than F.O.B. Destination Prepaid and by the TX Procurement and Support Services Allowed, indicate all freight charges. [ ] Products of persons with mental or physical Disabilities [ ] Products made of recycled materials [ ] Energy efficient products

TOTAL AMOUNT OF BID:

Thomas Britt thomas.britt@tsu.edu 713-313-1963 http://www.tsu.edu/ mailto:thomas.britt@tsu.edu

Texas Southern University desires to enter a contract awarded to the company(s) offering the most advantageous proposition to the institution. Bids must be plainly marked on the envelope container or package, with the offer number and opening date.

BID DELIVERY

Bid packets are commonly submitted to TSU by one of the following methods: (1) U.S. Postal Service overnight, (2) Fed Ex overnight / Express Mail, and/or (3) Hand Deliver (recommended). Regardless of how you deliver your proposals response please note:

Campus Map:

http://www.tsu.edu/about/campus/pdf/tsu-campus-map.pdf

TSU Post Office, 3100 Cleburne St, Houston, TX 77004

**Please instruct your courier NOT to go the Warehouse nor Central Receiving as this could delay delivery and could ultimately result in your response being late and rejected. All solicitation responses must be delivered to TSU’s Post Office or TSU Purchasing Office.

ADDITIONAL COPIES

Texas Southern University requests that bidders submit one (1) original and one (1) copy of bid response and a flash drive with a copy of the bid response for the purpose of evaluation by multiple parties. Please clearly mark the original copy of your offer.

EQUAL OPPORTUNITY

Contractor represents and warrants that it shall not discriminate against any person on the basis of race, color, national origin, creed, religion, political belief, sex, sexual orientation, age, and disability in the performance of this Contract.

PPUUBBLLIICC IINNFFOORRMMAATTIIOONN

TSU considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature, and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after a contract is awarded. Respondents are hereby notified that the University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of ITB information.

WAIVER OF INCONSISTENCIES:

The University reserves the right to waive any and all minor technical inconsistencies in evaluating the proposal responses.

INCURRED EXPENSES

Any and all expenses incurred in response to this proposal are entirely the responsibility of the contractor. Neither the University, nor the State of Texas, is liable in any manner.

PRE-SUBMITTAL CONFERENCE / WALKTHROUGH:

The Pre-submittal / Walkthrough will be held Tuesday, September 23, 2025, at 10:00 a.m. Central Time at the location described below:

http://www.tsu.edu/about/campus/pdf/tsu-campus-map.pdf

Texas Southern University General Services Building, room 217 Houston, Texas 77004

Attendance at the pre-submittal conference is strongly encouraged.

INQUIRIES

All inquiries regarding this Invitation to Bid must be submitted via email by Tuesday, September 30, 2025, by 12:00 p.m. Central Time. The University will not accept questions after this date. All inquiries may result in written responses posted to the Electronic State Business Daily, available at https://www.txsmartbuy.com/esbd Questions must be emailed to Thomas Britt at thomas.britt@tsu.edu.

ADDENDA, CHANGES AND MODIFICATIONS TO THIS BID

It is the bidder's responsibility to periodically check the Electronic State Business Daily Website https://www.txsmartbuy.com/esbd up until the offer opening time for any changes, modifications or addenda to this offer. Receipt of all addenda to this ITB should be acknowledged by returning a signed copy of each addendum with the submitted Bid. Failure to do so could result in an offer submission that cannot be considered

REFERENCES

Vendors responding to this bid must be prepared, if asked pre-award, to submit a list of at least three references your company has successfully provided products for projects of this type and magnitude. The list must include the client’s name, address, telephone number, email address, a contact person, and a brief description of the project completed.

The University shall not be confined to this list if it deems further reference investigation necessary.

HUB Subcontracting Plan (HSP)

In accordance with Gov’t Code §2161.252, Texas Southern University has determined that subcontracting opportunities are probable under this contract. Therefore, respondents, including State of Texas certified Historically Underutilized Businesses (HUBs), must complete and submit a State of Texas HUB Subcontracting Plan (HSP) with their solicitation response if the total dollar amount of bid response is greater than $100,000, the University requires respondent to complete and submit their signed HUB Subcontracting Plan (HSP) with their solicitation response.

NOTE: Responses greater than $100,000 that do not include a completed HSP shall be rejected pursuant to Gov’t Code §2161.252(b).

SUBCONTRACTORS

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

AWARD

Texas Southern University intends to award in such a way as to gain the greatest benefit to the result of this project and therefore the University. Texas Southern University will be the sole judge of what constitutes the most advantageous proposition to the University. An award to multiple vendors is reserved by the university if so chosen.

CRITERIA FOR AWARD

The evaluation of the bid will include the overall response to the bid, and will include, but is not limited to the “Best Value Standard for Purchase of Goods or Services” and any other factor Texas Southern University deems relevant.

The University must be confident that their needs can be met. The University will evaluate and make the award on the https://www.txsmartbuy.com/esbd https://www.txsmartbuy.com/esbd offer that is determined to be the best value to the University based on the criteria listed below. All bids must be complete and convey all the information requested to be considered responsive.

Considerations for award of this contract will include the factors in accordance with Government Code 2155.074. Best Value Standard for Purchase of Goods or Services are as follows:

(a) For a purchase of goods and services under this chapter, each state agency, including Texas Southern University and shall purchase goods and services that provide the best value for the state.

(b) In determining the best value for the state, the purchase price and whether the goods or services meet specifications are the most important considerations. However, the Texas Procurement and Support

Services or other state agency may, subject to Subsection (c) and Section 2155.075, consider other relevant factors, including:

(1) Proposed costs

(2) Stability and success of contractor’s business

(3) Quality and reliability of the goods and services

(4) Delivery terms and proposed transition plan

(5) Indicators of probable contractor performance under the contract such as past contractor performance, the contractor's financial resources and ability to perform, the contractor's experience or demonstrated capability and responsibility, and the contractor's ability to provide reliable maintenance agreements and support

(6) Other factors relevant to determining the best value for the state in the context of a particular purchase

Added by Acts 1997, 75th Leg., ch. 1206, § 6, eff. Sept. 1, 1997.

Amended by Acts 2001, 77th Leg., ch. 1422, § 14.16, eff. Sept. 1, 2001.

TSU reserves the right to award to multiple vendors if deemed in the best interest of the University.

PUBLICITY

Contractor agrees that it shall not publicize this Contract or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of the University's employees or use the University's name in connection with any sales promotion or publicity event without the prior express written approval of the University.

BID TABULATION

Electronic copy of the submittal tabulation sheet will be made available after the scheduled public bid opening per request through Purchasing. Only names of respondents and total bid price will be released to the public at the public bid opening. All other information will be kept confidential until after successful contract award.

SEVERABILITY

In case any provision hereof, or of any resulting agreement or purchase order, shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision thereof, and this Contract shall be construed as if such invalid or unenforceable provision had not been included herein.

GOVERNING LAW

This Contract, including, without limitation, this ITB and any resulting agreement or purchase order, shall be construed and governed by the laws of the State of Texas.

HOUSE BILL 1295

The awarded vendor is required to submit the State of Texas House Bill 1295 certificate for Interested Parties if over $100,000; unless you are a publicly traded company. If applicable to you, please obtain the most recent Form 1295 from the State of Texas Purchasing, complete it, and include it in your bid response. If not applicable to you, state it clearly in your response as well below.

Are you a publicly traded company? (Y/N) Is your 1295 certificate included in your response: (Y/N/na)

FIRM PRICING

Prices contracted for are to be guaranteed firm pricing for ninety (90) days.

TERMINATION FOR FAILURE TO MEET SPECIFIED DELIVERY

Should the contractor consistently fail to meet the specified delivery, Texas Southern University reserves the right to cancel upon 10 days written notice. Texas Southern University specifically reserves the right to purchase these items elsewhere when delivery cannot be met, and Texas Southern University deems it necessary to override the contractual agreement.

FIXED ESCALATION CLAUSE

Bidders must certify a fixed, maximum percentage of escalation for both the initial and any subsequent terms of the contract as specified. This percentage will be employed in the evaluation and award of any contract resultant of the bid. The maximum annual percentage of escalation is ______%. If this field is not filled in, an escalation of 0% will be assumed.

RIGHT TO TERMINATE

The University reserves the right to terminate this contract or any portion thereof on thirty (30) days written notice.

Grounds for cancellation shall include, but are not limited to the following:

1) Failure to provide timely prompt service, and

2) Failure to provide quality products.

The University shall be the sole judge of acceptable service as indicated above.

TERMINATION

For termination, which is not based upon cause, thirty (30) day written notice shall be given to the contractor.

AMENDMENTS

This Contract may be amended only upon written agreement between Texas Southern University and Contractor;

however, any amendment of this Contract that conflicts with the laws of the State of Texas shall be void.

PROTECTION OF PROPERTY

Vendors shall always guard against damage or loss to the University property or of other vendors, suppliers or contractors, and shall be responsible for replacing or repairing, or for the cost of repairs or replacement of any such loss or damage. The University may require payment or require such additions and/or adjustments to the Vendor’s assessment to ensure reimbursement or replacement for such loss or damage to property incurred by the Vendor or its agents

INDEMNIFICATION

CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ITS OFFICERS, AND EMPLOYEES, AND TEXAS SOUTHERN UNIVERSITY ITS OFFICERS, AND EMPLOYEES AND

CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF CONTRACTOR OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF CONTRACTOR IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT. CONTRACTOR SHALL COORDINATE ITS DEFENSE WITH THE TEXAS

ATTORNEY GENERAL AS REQUESTED BY TEXAS SOUTHERN UNIVERSITY.

THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY OR HOLD HARMLESS THE STATE OR TEXAS SOUTHERN UNIVERSITY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF TEXAS SOUTHERN UNIVERSITY

OR ITS EMPLOYEES.

VENDOR CERTIFICATION / ACCEPTANCE

The undersigned hereby certifies that he has read, understands, and agrees that acceptance by Texas Southern University of the bidder’s offer by issuance of a purchase order will create a binding legal contract. Further he agrees to fully comply with documentary forms herewith made a part of this specific procurement

NAME OF COMPANY:

AUTHORIZED SIGNATURE:

TYPED NAME & TITLE:

PREFERENCES

See Section 2.38 of the State of Texas Procurement Manual regarding preferences. Check below to claim a preference under 34 TAC Rule 20.38

( ) Supplies, materials or equipment produced in TX or offered by TX bidder or TX bidder that is owned by a service-disabled veteran *

( ) Agricultural products produced or grown in TX

( ) Agricultural products and services offered by TX bidders*

( ) USA produced supplies, materials or equipment

( ) Products of persons with mental or physical disabilities

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

( ) Energy Efficient Products

( ) Rubberized asphalt paving material

( ) Recycled motor oil and lubricants

( ) Products produced at facilities located on formerly contaminated property

( ) Products and services from economically depressed or blighted areas

( ) Vendors that meet or exceed air quality standards

( ) Recycled or Reused Computer Equipment of Other Manufacturers

( ) Foods of Higher Nutritional Value

SPECIFICATIONS

1. Site Preparation

• Conduct inspection and assessment of the existing track surface.

• Remove debris, dirt, and minor vegetation from the track area.

• Repair and stabilize any structural damage or surface irregularities.

2. Surface Repairs

• Fill cracks and patch damaged or deteriorated sections.

• Level uneven areas to restore proper grading and drainage functionality.

3. Resurfacing

• Apply new synthetic or polyurethane track surfacing material as specified.

• Install required layers, including base and topcoats, to ensure long-term durability and optimal performance.

• Apply color coating and texture finishing to meet performance and aesthetic standards.

4. Line Marking and Striping

• Layout and paint lane lines, start/finish lines, and event-specific markings.

• Ensure markings comply with NFHS, NCAA, or other applicable governing body standards.

5. Clean-Up and Final Inspection

• Perform thorough site clean-up, including removal of construction-related waste and debris.

• Conduct a final walkthrough and inspection with owner representatives to confirm compliance with project specifications and acceptance criteria.

End of the bid