ESBD_465682_1761602026501_RFCSP-787-10202025.JBWStudCtrFacadeReno(TSUS v8.18.23).pdf

REQUEST FOR COMPETITIVE SEALED PROPOSALS (RFCSP)

RFCSP No: 787-LSCO-10202025

FOR

GENERAL CONTRACTOR

LAMAR STATE COLLEGE ORANGE

JOE BEN WELCH STUDENT CENTER FAÇADE RENOVATION

Qualifications & Pricing and Delivery Proposal Submittal Due Date:

Monday, November 17, 2025 at 2:00p.m. Central

HUB Subcontracting Plan Submittal Due Date:

Tuesday, November 18, 2025 at 2:00p.m. Central

**A Mandatory Pre-Submittal Conference will be held on Tuesday, November 4, 2025 at

10:00am Lamar State College Orange – Ron E. Lewis Library Building, 2nd Floor Conference Room

410 Front Street, Orange TX 77630

NIGP Codes: 909-24

Prepared By:

Amberr Melo, Executive Director Procurement Services

Lamar State College Orange amelo@lsco.edu mailto:amelo@lsco.edu

Table of Contents

Section 1 – General Information and Requirements

Section 2 – Executive Summary

Section 3 – Description and Scope of Services

Section 4 – Requirements for Competitive Sealed Proposal (CSP)

Section 5 – Format for Statements of Qualifications and Pricing and Delivery Proposals

Section 6 – Requirements for the Pricing and Delivery Proposal

Exhibit A – Respondent’s Pricing and Delivery Proposal

Exhibit B – Respondent’s Execution of Offer

Attachments (posted to the Electronic State Business Daily “ESBD”):

Attachment A – 95% CD – Issue for Permit/Proposal

Attachment B – Project Manual

Attachment C – Project Renderings

Attachment D1 – Geotechnical Report

Attachment D2 – Topographic Survey

Attachment E – TSUS 2022 Uniform General Conditions

Attachment F – Sample CSP Agreement

Attachment G – Bid-Proposal Bond Form (CSP)

LSCO Joe Ben Welch Student Center Façade Renovation RFCSP No: 787-10202025 Page 3 of 32

REQUEST FOR COMPETITIVE SEALED PROPOSALS

LAMAR STATE COLLEGE ORANGE

JOE BEN WELCH STUDENT CENTER FAÇADE RENOVATION

RFCSP No: 787-LSCO-10202025

Section 1 – General Information and Requirements

1.1 Lamar State College Orange (LSCO) is soliciting Competitive Sealed Proposals (Proposals) for selection of one (1) responsive and responsible General Contractor firm, at the sole discretion of LSCO and as determined to be in the best interest of LSCO, to provide the described Services (Work) on the Lamar State College Orange campus in Orange, Texas, as needed by LSCO. The scope of work is further described in Section 3. This Solicitation sets forth the terms, conditions, and requirements for prospective firms to be considered for this contract. Prospective entities submitting proposals in response to this Solicitation are called "Respondents." LSCO requires that the Qualifications and Execution of Offer, and Pricing and Delivery Proposal be submitted at the same time, but in two (2) separate, sealed packages. The HUB Subcontracting Plan shall be submitted in a separate sealed package.

1.1.1 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 Education Code). Institutions of Higher Education may enter into a Contract with the successful Respondent(s) for the purchase of the services described herein based on the terms, conditions, and prices, offered by the successful Respondent for the duration of any Agreement or Contractual arrangement resulting from this Solicitation. These State Agencies and Institutions of Higher Education will issue their own purchase orders, directly receive goods or services at their place of business and be directly billed by the successful Respondent.

1.1.2 LSCO will select the Proposal that offers the “best value” based on published selection criteria and on its ranking evaluation. LSCO may discuss with the highest ranked Respondent options for a scope or time modification and any price change associated with the modification including solicitation of a best and final offer. If LSCO is unable to reach a contract with the selected Respondent, LSCO may formally end negotiations with that Respondent in writing and proceed to the next “best value” Respondent in the order of the selection ranking until a contract is reached or all Proposals are rejected. LSCO reserves the right to make a best value determination and awarded a contract without further discussions or negotiations. Should the contractor fail, neglect, or refuse to begin performance of the contract after receiving the award, the bid security will be forfeited to LSCO. Performance shall be considered begun upon acknowledgement of the contract awarded, the furnishing of all required performance and payment bonds, insurance coverage and execution of the Agreement.

1.1.3 LSCO desires to enter into an exclusive Contract with one (1) qualified, capable and experienced firm to provide the described Work. The services are more specifically described in Section 3 (Scope of Work) of this Solicitation.

1.2 PUBLIC INFORMATION: LSCO 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

RFCSP No: 787-10202025 Page 4 of 32

Information Act, Chapter 552, Texas Government Code. All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary. LSCO is required to make any information created or exchanged with the state pursuant to this contract that is 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. The following format(s) shall be deemed to be in compliance with this provision: electronic files in Word, PDF, or similar generally accessible format.

1.2.1 LSCO strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of Qualification information.

1.2.2 LSCO has implemented a “No Contact” procedure during the qualification process. This means that from the date the RFCSP is issued until the date that the contract is awarded by LSCO, there shall be no contact by any vendor to any LSCO employee, except the Executive Director of Procurement Services and the designated Point of Contact in Section 1.8, in relation to this qualification. All other communication is prohibited and may be subject to disqualification.

1.2.3 Successful Respondent(s) is required to make any information created or exchanged with the state pursuant to any Agreement or Contractual arrangement resulting from this Solicitation 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.

1.3 NONDISCRIMINATION: In their execution of any Agreement or Contractual arrangement resulting from this Solicitation, 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. The Respondent shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin. The Respondent shall ensure that applicants are hired, and that employees are treated during employment without regard to their race, color, sex, religion, age or national origin.

Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Respondent agrees to post in conspicuous places available to employees or applicants for employment, notices to be provided setting forth the provisions of this non-discrimination article. Respondent shall include these provisions in all subcontracts pertaining to the work. Any breach of this covenant may result in termination of this agreement.

1.4 TYPE OF CONTRACT: Any Agreement or contractual arrangement resulting from this Solicitation will be in the form of the LSCO Standard General Contractor Agreement, including LSCO’s standard purchase order terms and conditions, plus the 2022 Uniform General Conditions for Construction Contracts.

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

1.5 CLARIFICATIONS AND INTERPRETATIONS: Any clarifications or interpretations of this Solicitation that materially affect or change its requirements will be issued formally by LSCO as a written

RFCSP No: 787-10202025 Page 5 of 32 addendum. It is the responsibility of all Respondents to check the status of formal addenda at least three (3) calendar days before the published submission deadline and to obtain this information timely. All such addenda issued by LSCO before the Qualifications are due shall be clearly acknowledged by Respondents and incorporated into the response to the Solicitation.

1.5.1 Respondents shall be required to consider only those clarifications and interpretations that LSCO issues by formal written addenda prior to the submittal deadline.

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

1.5.2 This Solicitation and any formal written addenda, if required, will be issued by LSCO via the Electronic State Business Daily (ESBD) website located at:

http://www.txsmartbuy.com/esbd. Please reference the Solicitation number provided in this Solicitation. It is the responsibility of each Respondent to check this website frequently for any posted addenda. Failure to acknowledge any and all addenda may result in the disqualification of firms qualification.

1.6 SUBMISSION OF STATEMENTS OF QUALIFICATIONS AND PRICING AND DELIVERY PROPOSALS:

1.6.1 The Respondent’s Qualifications/Execution of Offer, and Pricing Delivery Proposal must be received at the address specified in Section 1.7.2 prior to the deadline. Please note that overnight deliveries such as FedEx and UPS arrive at a central campus location but are not usually delivered to the specified location until after the time-deadline. Respondents are advised to use other methods of delivery or, if they use an overnight delivery service, to send the responses a day earlier than usual. LSCO will not consider any response to this solicitation not received at the address specified by the deadline. LSCO will not acknowledge or receive Qualifications that are delivered by telephone, facsimile (fax), electronic mail (e-mail) or other electronic means.

1.6.2 PROPOSAL DEADLINE AND LOCATION: LSCO will receive Statements of Qualifications and Pricing and Delivery Proposals for this RFCSP at the time and location described below.

The Proposer (not LSCO, the carrier, mail service/courier, or other party) is solely responsible for ensuring the proposal is received by the Point of Contact, in the format described below, prior to the Submittal Deadline. The Proposal must be packaged in two

(2) separate sealed envelopes, boxes, or containers, to include 1) the Qualifications with signed Execution of Offer; and 2) the Pricing and Delivery Proposal, addressed to the Point of Contact identified below. Clearly mark the exterior of all envelopes to identify the documents contained therein. INCLUDE THE RFCSP NO, NAME AND EMAIL ADDRESS OF

THE RESPONSENT’S CONTACT PERSON ON ALL ENVELOPES.

Submittal Deadline: Monday, November 17, 2025 at 2:00 PM CENTRAL

Lamar State College Orange ATTN: Amberr Melo, Executive Director Procurement Services Ron E. Lewis Library Building 410 Front Street, Room 328 Orange, Texas 77630 Re: RFCSP 787-10202025 http://www.txsmartbuy.com/esbd

RFCSP No: 787-10202025 Page 6 of 32

1.6.3 Due to the nature of the Solicitation and evaluation process used for this Solicitation, the names of Respondent(s) who properly submitted Proposals will be opened publicly and read aloud pursuant to Section 51.783(f) of the Texas Education Code. These readings will be conducted promptly after the 2:00pm deadline at Lamar State College Orange, Ron E.

Lewis Library 2nd Floor Conference Room located at:

Ron E. Lewis Library Building 410 Front Street, 2nd Floor Conference Room Orange, Texas 77630

1.6.4 HUB SUBCONTRACTING PLAN DEADLINE AND LOCATION: The Respondent shall submit a Historically Underutilized Business (HUB) Subcontracting Plan (HSP) for this RFCSP at the time and location described below. The Proposer (not LSCO, the carrier, mail service/courier, or other party) is solely responsible for ensuring the HSP is received by the Point of Contact, in the format described below, prior to the Submittal Deadline. The HSP must be packaged in a sealed envelope, addressed to the Point of Contact identified below. Clearly mark the exterior of the envelope to identify the documents contained therein. INCLUDE THE RFCSP NO, NAME AND EMAIL ADDRESS OF THE RESPONSENT’S

CONTACT PERSON ON ALL ENVELOPES.

Submittal Deadline: Tuesday, November 18, 2025 at 2:00 PM CENTRAL

Lamar State College Orange ATTN: Amberr Melo, Executive Director Procurement Services Ron E. Lewis Library Building 410 Front Street, Room 328 Orange, Texas 77630 Re: RFCSP 787-10202025

1.6.5 The Pricing and Delivery Proposal packages will be opened publicly, and the names of Respondent(s) who properly submitted Proposals and all prices stated in each Proposal will be read aloud pursuant to Section 51.783(f) of the Texas Education Code on the date indicated in the Project Planning Schedule (see Section 3.7). These readings will be conducted at Lamar State College Orange, Ron E. Lewis Library 2nd Floor Conference Room located at:

Ron E. Lewis Library Building 410 Front Street, 2nd Floor Conference Room Orange, Texas 77630 TIME: 3:00pm CENTRAL

1.6.6 REQUIRED DOCUMENTS: Following is a list of documents that are to be returned as part of the Qualification submittal. Failure to return the required documents will result in the Qualification being determined non-responsive and the Qualification will be rejected.

1.6.6.1 Completed and signed HUB Subcontracting Plan – see Section 1.13

1.6.6.2 Statement of Qualifications – see Section 4

1.6.6.3 Pricing and Delivery Proposal – see Exhibit A

1.6.6.4 Signed Execution of Offer – see Exhibit B

RFCSP No: 787-10202025 Page 7 of 32

Properly submitted Proposals and HSPs will not be returned to the Respondent(s).

1.7 POINT-OF-CONTACT: The following person is LSCO's authorized "Point-of-Contact" for this Solicitation. Respondents shall restrict all contact with, and direct all questions regarding this Solicitation including questions regarding terms and conditions and technical specifications via email only, to:

Amberr Melo, Executive Director Procurement Services amelo@lsco.edu

Failure to comply with this section by contacting other LSCO faculty or staff regarding this qualification may result in disqualification from consideration.

1.8 LSCO’S RESERVATION OF RIGHTS: LSCO may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. LSCO reserves the right to reject any and all Proposals to the current solicitation and reissue a completely new solicitation involving the same Project, or accept any and all responses and temporarily or permanently abandon the Project, make no award or waive minor process or submission irregularities. LSCO 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.

1.9 ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting a Proposal in response to this Solicitation, the Respondent accepts the evaluation criteria and methodology process and acknowledges and accepts that determination of the “best value” Respondent(s) will require subjective judgments by LSCO. The results of the most qualified determination will be combined with the Pricing and Delivery evaluation results to determine the best value proposition for LSCO.

Determinations by the Selection Committee will be subjected to routine administrative review by LSCO’s executive officers but, once a selection is announced, it will not be subjected to further review.

1.9.1 LSCO reserves the right to consider any Proposal “non-responsive” if the Base Proposal Cost is determined to be unreasonable or irresponsible in relation to the other submitted Proposals and/or LSCO’s estimate of the construction cost.

1.10 NO REIMBURSEMENT FOR COSTS: Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this Solicitation process shall be at the sole risk and responsibility of the Respondent. Respondents submit Proposals at their own risk and expense.

1.11 MANDATORY PRE-SUBMITTAL CONFERENCE: A mandatory pre-submittal conference will be held at the time and location described below. Failure to attend shall not excuse any Respondent from the requirements of this Solicitation or any formally issued addenda that resulted from this conference. Copies of this RFCSP document will not be distributed at the conference.

Tuesday, November 4, 2025, 10:00 A.M. CENTRAL

Lamar State College Orange Ron E. Lewis Library Building

RFCSP No: 787-10202025 Page 8 of 32

410 Front Street, 2nd Floor Conference Room Orange, Texas 77630

All attendees are requested to park in the Library Parking Lot.

A guided tour of the Project site will be included as part of the conference agenda to show the project site for the work.

1.12 ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may respond. This does not preclude a Respondent from using consultants. LSCO will enter into a Contract only with an individual firm(s) or formal organization(s) that submits an approved Proposal.

1.13 HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITALL REQUIREMENTS: It is LSCO policy to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUB) in all contracts. All agencies of the State of Texas are required to make a "good faith effort" to assist HUBs in receiving their fair share of Contract or Subcontract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state agencies. If under the terms of any Agreement or Contractual arrangement resulting from this Solicitation, Respondent subcontracts any of the Services then, Respondent must make a good faith effort attempt to utilize HUBs certified by the Texas Procurement and Support Services Division of the Texas Comptroller of Public Accounts (TPASS)

Qualifications that fail to comply with the subcontracting requirements contained in this Solicitation will constitute a material failure to comply with advertised Specifications and will be rejected by LSCO as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any Agreement or Contractual arrangement resulting from this Solicitation. Respondent acknowledges that, if selected by LSCO, 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 or Contractual arrangements resulting from this Solicitation. Furthermore, any subcontracting of the Services by the successful Respondent(s) is subject to review by LSCO to ensure compliance with the HUB program requirements.

If LSCO determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan (HSP) is a required element of the response to this Solicitation. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Proposal.

1.13.1 STATEMENT OF PROBABILITY: LSCO has determined that subcontracting opportunities are probable in connection with this Solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the Respondent's Qualification. The Respondent shall develop and administer a HSP as a part of the Respondent's Qualifications.

1.13.1.1 Each Respondent must complete and return the HSP in accordance with the terms and conditions of this Solicitation. Respondents that fail to do so will be considered non-responsive to this Solicitation in accordance with Section 2161.242, Texas Government Code.

Please note that there are mandated subcontracting opportunity notifications that must be sent and documented, as specified on the HSP form, referenced below, prior to the scheduled

RFCSP No: 787-10202025 Page 9 of 32 response submittal deadline. All potential Respondents are urged to familiarize themselves with the HUB “good faith effort (GFE)” requirements for developing, documenting and submitting an HSP with a response to this Solicitation.

1.13.2 The HSP shall consist of completed forms prescribed by the Texas Procurement and Support Services Division of the Texas Comptroller of Public Accounts http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/ and shall include the following:

a) certification that Respondent has made a good faith effort to meet the requirements;

b) identification of the Subcontractors that may be used during the course of the contract;

c) the expected percentage of work to be subcontracted; and

1.13.2.1 A Respondent may not alter or modify their HSP after the Qualification submittal deadline has passed. The Respondent may be requested by LSCO to furnish supporting or additional documentation to demonstrate their “good faith effort” in the preparation of the HSP. Failure to furnish the requested information timely may cause a Qualification to be rejected for non-responsiveness.

1.13.2.2 Upon execution of the contract, the Successful Respondent(s) will not be permitted to change its HSP unless:

a) a newly modified version of the HSP that sets forth all changes requested is completed by successful Respondent(s),

b) successful Respondent provides LSCO with such a modified version of the HSP with supporting "Good Faith Effort" documentation,

c) LSCO approves the modified HSP in writing,

d) all Agreements or Contractual arrangements resulting from this Solicitation are amended in writing by LSCO and successful Respondent(s) to conform to the modified HSP.

1.13.3 Submit one (1) original and one (1) electronic version on a USB flash drive, of the HSP, marked as RFCSP No. 787-10202025 and annotate with the words “HUB Subcontracting Plan Enclosed” as a separate package from both the Statement of Qualifications and the Pricing and Delivery Proposal packages.

1.13.4 Respondents’ HSPs will be reviewed for completeness and compliance prior to evaluations of the Qualifications. For disqualified HSPs, the Qualification will not be returned to the submitting Respondent.

http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/

RFCSP No: 787-10202025 Page 10 of 32

1.13.5 The Statewide 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 builders contracts; 32.9 % for all special trade construction contracts; 23.7 % for professional services; 26 % for all other services contracts; and 21.1 % for commodities contracts.

1.13.6 For information regarding the proper preparation of the HSP or any aspect of the LSCO’s HUB Outreach Program, contact:

Amberr Melo, Executive Director Procurement Services amelo@lsco.edu

1.14 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 Agreement or Contractual arrangement resulting from this Solicitation without further obligation to the successful Respondent(s). This section does not create a cause of action to contest a Proposal or award of a state contract.

1.15 SALES AND USE TAXES: LSCO is exempt from sales tax and will provide an exemption form upon request.

1.16 CERTIFICATION OF FRANCHISE TAX STATUS: Respondents are advised that the successful Respondent(s) will be required to submit certification of franchise tax status as required by State Law (Texas Tax Code Chapter 171). The Respondent agrees that each Subcontractor and Supplier under Contract will also provide a certification of franchise tax status.

1.17 REQUIRED NOTICES OF INSURANCE COVERAGE: See Attachment E – 2022 TSUS Uniform General Conditions.

1.18 DELINQUENCY IN PAYING CHILD SUPPORT: Under Section 231.006, Texas Family Code, the Respondent certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

1.19 PAYMENT TERMS: LSCO will pay for Work performed under this Contract “net 30 days” in accordance with Texas Government Code, section 2251.021. Alternate payment terms may be proposed by a Respondent, but LSCO reserves the right to reject the terms if determined not to be in its best interests.

1.19.1 The amount due to the successful Respondent(s) will be paid upon receipt of an undisputed invoice. Submit all invoices to:

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Leanna Odom Leanna.Odom@lsco.edu -OR- ATTN: Finance Office 410 Front Street Orange, Texas 77630

1.20 DEFAULT AND TERMINATION

1.20.1 See Article 14 of the 2022 Uniform General Conditions for Construction Contracts (Attachment E).

1.20.2 See Article 13 of the Agreement between Owner & Contractor (Attachment F).

1.21 ALTERNATIVE DISPUTE RESOLUTION: The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by LSCO and the successful Respondent(s) to attempt to resolve any claim for breach of Contract made by the successful Respondent:

1.21.1 The successful Respondent’s claim for breach of any Agreement or Contractual arrangement resulting from this Solicitation that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, Subchapter B, of the Texas Government Code. To initiate the process:

1.21.1.1 The successful Respondent(s) shall submit written notice, as required by subchapter B, to LSCO’s Representative.

1.21.1.2 This notice shall specifically state that the provisions of Chapter 2260, Subchapter B, are being invoked.

1.21.1.3 A copy of the notice shall also be given to all other representatives of LSCO and the successful Respondent(s) otherwise entitled to notice under the parties’ contract.

1.21.1.4 Compliance by the successful Respondent(s) with Subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, Subchapter C, of the Government Code.

1.21.2 The contested case process provided in Chapter 2260, Subchapter C, of the Government Code is the successful Respondent’s sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by LSCO if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph.

1.21.3 Compliance with the contested case process provided in Subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of any Agreement or Contractual arrangement resulting from this Solicitation by LSCO nor any other conduct of any representative of LSCO relating to any Agreement or Contractual arrangement resulting from this Solicitation shall be considered a waiver of sovereign immunity to suit.

mailto:Leanna.Odom@lsco.edu

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1.21.4 The submission, processing and resolution of the successful Respondent’s claim is governed by the published rules adopted by the Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended.

1.21.5 The occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the successful Respondent(s), in neither whole or in part.

1.21.6 The designated individual responsible on behalf of LSCO for examining any claim or counterclaim and conducting any negotiations related thereto as required under §2260.052 of the Texas Government Code shall be LSCO’s Representative named in Section 1.8.

1.22 LOSS OF FUNDING: Performance by LSCO under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the Legislature), allocation of funds by the Board of Regents of The Texas State University System (the Board) or funding availability through a Sponsored Program Funding Agency. If the Legislature fails to appropriate or allot the necessary funds, the Board fails to allocate the necessary funds, or funding is not available through a Sponsored Program Funding Agency, then LSCO will issue written notice to selected Respondent and LSCO may terminate any Agreement without further duty or obligation hereunder. Respondent acknowledges that appropriation, allotment, and allocation of funds are beyond the control of LSCO.

1.23 LIMITATIONS: The parties are aware that there are constitutional and statutory limitations on the authority of the LSCO (a State agency) to enter into certain terms and conditions of any Agreement or Contractual arrangement resulting from this Solicitation, including, but not limited to:

1.23.1 those terms and conditions relating to liens on LSCO’s property;

1.23.2 disclaimers and limitations of warranties;

1.23.3 disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes;

1.23.4 limitations of periods to bring legal action; granting control of litigation or settlement to another party;

1.23.5 liability for acts or omissions of third parties;

1.23.6 payment of attorneys’ fees; dispute resolution; indemnities; and,

1.23.7 confidentiality (collectively, Limitations).

Terms and conditions related to the Limitations will not be binding on LSCO except to the extent authorized by the laws and Constitution of the State of Texas.

1.24 CONTRACT CONTROLLING: Any Agreement or Contractual arrangement resulting from this Solicitation will take precedence over any Terms and Conditions contained in the solicitation in the event of a conflict.

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1.25 UNDOCUMENTED WORKERS: The Immigration and Nationality Act (8 United States Code 1324a) (Immigration Act) makes it unlawful for an employer to hire or continue employment of undocumented workers. The United States Immigration and Customs Enforcement Service has established the Form 1-9 Employment Eligibility Verification Form (1-9 Form) as the document to be used for employment eligibility verification (8 Code of Federal Regulations 274a). Among other things, the successful Respondent(s) is required to: (1) have all employees complete and sign the 1-9 Form certifying that they are eligible for employment; (2) examine verification documents required by the 1-9 Form to be presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the 1-9 Form, and complete the certification portion of the 1-9 Form; and (4) retain the 1-9 Form as required by Applicable Laws. It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status. If the successful Respondent(s) employs unauthorized workers, during the performance of any Agreement or Contractual arrangement resulting from this Solicitation, in violation of the Immigration Act then, in addition to other remedies or penalties prescribed by Applicable Laws, LSCO may terminate any Agreement or Contractual arrangement resulting from this Solicitation. Successful Respondent(s) represents and warrants that it is in compliance with and agrees that it will remain in compliance with the provisions of the Immigration Act.

1.26 EQUAL OPPORTUNITY: Pursuant to Applicable Laws, the successful Respondent(s) represents and warrants that it is an equal opportunity employer and does not discriminate on the basis of race, color, religion, national origin, age, or sex.

1.27 MISCELLANEOUS TERMS AND CONDITIONS:

1.27.1 The successful Respondent(s) agrees to indemnify and hold harmless LSCO from any claim, damage, liability, expense, or loss arising out of the successful Respondent’s performance under any Agreement or Contractual arrangement resulting from this Solicitation.

1.27.2 The successful Respondent(s) shall neither assign its rights nor delegate its duties under any Agreement or Contractual arrangement resulting from this Solicitation without the prior written consent of LSCO.

1.27.3 The successful Respondent(s) shall be an Independent Contractor, and neither the successful Respondent(s) nor any Employee of the successful Respondent(s) shall be deemed to be an Agent or Employee of LSCO. As an Independent Contractor, the successful Respondent(s) will be solely responsible for determining the means and methods for performing the services described. The successful Respondent(s) shall observe and abide by all applicable laws and regulations, policies and procedures, including but not limited to, those of LSCO relative to conduct on its premises.

1.27.4 Any Agreement or Contractual arrangement resulting from this Solicitation (including all Exhibits, Attachments, etc.) constitutes the sole Contract of the parties and supersedes any other oral or written understanding or Contract. Any Agreement or Contractual arrangement resulting from this Solicitation and each of its provisions will be binding upon the parties and may not be waived, modified, amended or altered except in writing signed by LSCO and the successful Respondent(s).

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1.27.5 The successful Respondent(s) certifies that, upon the effective date of any Agreement or Contractual arrangement resulting from this Solicitation, the successful Respondent(s) is not delinquent in payment of State of Texas corporate franchise taxes. The successful Respondent(s) agrees that any false statement with respect to franchise tax status shall be a material breach hereof and LSCO shall be entitled to terminate any Agreement or Contractual arrangement resulting from this Solicitation upon written notice to the successful Respondent(s).

1.27.6 Any written notice required by any Agreement or Contractual arrangement resulting from this Solicitation shall be mailed to the attention of LSCO's Designated Authorized Representative as noted in contract.

1.27.7 Except as otherwise provided, neither the successful Respondent(s) nor LSCO, shall be liable to the other for any delay in, or failure of performance, of a requirement contained in any Agreement or Contractual arrangement resulting from this Solicitation caused by Force Majeure as defined in the Solicitation. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed, provided the non-performing party exercises all reasonable due diligence to perform.

1.27.8 “Force Majeure” is defined as acts of God, war, strike, fires, explosions, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing with proof of receipt within three (3) business days of the existence of such Force Majeure or otherwise waive this right as a defense.

1.27.9 Representations and Warranties by the successful Respondent(s). If the successful Respondent(s) is a corporation or a limited liability company, the successful Respondent(s) warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and deliver any Agreement or Contractual arrangement resulting from this Solicitation, and the individual executing any Agreement or Contractual arrangement resulting from this Solicitation on behalf of the successful Respondent(s) has been duly authorized to act for and bind the successful Respondent(s).

1.27.10 Products and Materials Produced in Texas. If the successful Respondent(s) will provide services under any Agreement or Contractual arrangement resulting from this Solicitation, the successful Respondent(s) covenants and agrees that in accordance with Section 2155.4441, Texas Government Code, in performing its duties and obligations, the successful Respondent(s) will purchase products and materials produced in Texas when such products and materials are available at a price and delivery time comparable to products and materials produced outside of Texas.

1.27.11 Access by Individuals with Disabilities.

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1.27.11.1 The successful Respondent(s) shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA).

1.27.11.2 The successful Respondent(s) represents and warrants that the electronic and information resources and all associated information, documentation, and support (collectively, the "EIRs") that it provides to LSCO under any Agreement or Contractual arrangement resulting from this Solicitation comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rules §206.50 and §206.70 of the Texas Administrative Code authorized by Chapter 2054, Subchapter M of the Texas Government Code, United States Rehabilitation Act of 1973 and its amendments, Section 508; and World Wide Web Consortium (W3C), Web Accessibility Initiative (WAI), Web Content Accessibility Guidelines (WCAG) 1.0 and 2.0AA. All submissions must include all Voluntary Product Accessibility Templates (VPAT), Information Technology Industry Council (ITIC) and General Services Administration (GSA) that describes compliance with Section 508. In the event that the successful Respondent(s) fails or is unable to do so, then LSCO may terminate any Agreement or Contractual arrangement resulting from this Solicitation and the successful Respondent(s) will refund to LSCO all amounts LSCO has paid under any Agreement or Contractual arrangement resulting from this Solicitation within thirty-days (30) after the termination date.

1.27.12 Patent, Trademark, Copyright and Other Infringement Claims. The successful Respondent(s) shall indemnify, save and hold harmless LSCO from and against claims of patent, trademark, copyright, trade secret or other proprietary rights, violations or infringements arising from LSCO’s or the successful Respondent's use of or acquisition of any services or other items provided to LSCO by the successful Respondent(s) or otherwise to which LSCO has access as a result of the successful Respondent's performance under any Agreement or Contractual arrangement resulting from this Solicitation, provided that LSCO shall notify the successful Respondent(s) of any such claim within a reasonable time of LSCO's receipt of notice of any such claim. If the successful Respondent(s) is notified of any claim subject to this section, the successful Respondent(s) shall notify LSCO of such Claim within five (5) business days of such notice. No settlement of any such claim shall be made by the successful Respondent(s) without LSCO’s prior written approval. The successful Respondent(s) shall reimburse LSCO for any Claims, damages, losses, costs, expenses, judgments, or any other amounts, including, but not limited to, attorneys' fees and court costs, arising from any such claim. The successful Respondent(s) shall pay all reasonable costs of LSCO’s legal counsel and shall also pay costs of multiple counsels, if required, to avoid conflicts of interest. The successful Respondent(s) represents that it has determined what licenses, patents and permits are required under any Agreement or Contractual arrangement resulting from this Solicitation and has acquired all such licenses, patents and permits.

1.27.13 The successful Respondent(s) further covenants and agrees to:

FULLY INDEMNIFY and HOLD HARMLESS, The Texas State University System (TSUS), TSUS Regents, Lamar State College Orange and the elected officials, employees, officers, RFCSP No: 787-10202025 Page 16 of 32 directors, volunteers, and representatives of LSCO, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon LSCO directly or indirectly arising out of, resulting from or related to the successful Respondent's activities under any Agreement or Contractual arrangement resulting from this Solicitation, including any acts or omissions of the successful Respondent(s), any Agent, Officer, Director, Representative, Employee, Consultant or the Subcontractor of the successful Respondent(s), and their respective Officers, Agents, Employees, Directors and Representatives while in the exercise of performance of the rights or duties under any Agreement or Contractual arrangement resulting from this Solicitation. The indemnity provided for in this paragraph does not apply to any liability resulting from the negligence of LSCO, Officers or Employees, separate Contractors or assigned Contractors, in instances where such negligence causes personal injury, death or property damage. IN THE EVENT

THE SUCCESSFUL RESPONDENT(S) AND LSCO ARE FOUND JOINTLY LIABLE BY A COURT OF

COMPETENT JURISDICTION, LIABILITY WILL BE APPORTIONED COMPARATIVELY IN

ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT WAIVING ANY

GOVERNMENTAL IMMUNITY AVAILABLE TO THE STATE UNDER TEXAS LAW AND WITHOUT

WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.

1.27.14 The provisions of this Indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

1.27.15 The indemnities contained herein shall survive any termination of any Agreement or Contractual arrangement resulting from this Solicitation.

1.27.16 Supporting Documents, Retention; Right to Audit; Independent Audits. The successful Respondent(s) shall maintain and retain supporting fiscal and any other documents relevant to showing that any payments under any Agreement or Contractual arrangement resulting from this Solicitation were expended in accordance with the laws and regulations of the State of Texas, including, but not limited to, requirements of the Comptroller of the State of Texas and the State Auditor. The successful Respondent(s) shall maintain all such documents and other records relating to any Agreement or Contractual arrangement resulting from this Solicitation and the State’s property for a period of four years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. The successful Respondent(s) shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all documents and other information related to the Work of any Agreement or Contractual arrangement resulting from this Solicitation. The successful Respondent(s) and its Subcontractors shall provide the State Auditor with any information that the State Auditor deems relevant to any investigation or audit. The successful Respondent(s) must retain all work and other supporting documents pertaining to any Agreement or Contractual arrangement resulting from this Solicitation, for purposes of inspecting, monitoring, auditing, or evaluating by the University and any authorized agency of the State of Texas, including an investigation or audit by the State Auditor.

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The successful Respondent(s) shall cooperate with any authorized agents of the State of Texas and shall provide them with prompt access to all of the State’s work as requested.

The successful Respondent's failure to comply with this requirement shall constitute a material breach of any Agreement or Contractual arrangement resulting from this Solicitation and shall authorize the University and the State of Texas to assess immediately appropriate damages for such failure. The acceptance of funds by the successful Respondent(s) or any other entity or person directly under any Agreement or Contractual arrangement resulting from this Solicitation, or indirectly through a subcontract under any Agreement or Contractual arrangement resulting from this Solicitation, shall constitute acceptance of the authority of the State Auditor to conduct an audit or investigation in connection with those funds. The successful Respondent(s) acknowledges and understands that the acceptance of funds under any Agreement or Contractual arrangement resulting from this Solicitation shall constitute consent to an audit by the State Auditor, Comptroller or other agency of the State of Texas. The successful Respondent(s) shall ensure that this paragraph concerning the State’s authority to audit funds received indirectly by Subcontractors through the successful Respondent(s) and the requirement to cooperate is included in any subcontract it awards. Furthermore, under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit.

1.27.17 Ownership of Work Products including Intellectual Property, The parties shall deem all work products produced as a result of this agreement as “works for hire.” Upon delivery, all work products, including writings, drawings, plans, reports, specifications, calculations, documents, presentations, and other materials developed under this agreement shall be LSCO’s exclusive property, to use as LSCO deems appropriate.

Successful Respondent(s) relinquishes all claims to copyright and other intellectual property rights in favor of LSCO.

Neither successful Respondent(s) nor its Subcontractors, if any, shall make any such materials available to any individual or organization, without the prior written approval of LSCO’s authorized representative, or designee. Successful Respondent(s) makes no representation of the suitability of the work product for use in, or application to, circumstances not contemplated by the scope of work.

1.27.18 The President of LSCO or an Authorized Designee, may require the successful Respondent(s) to remove any person from the campus that, in his or her judgment, poses a danger to health or safety.

1.27.19 COMPLIANCE WITH LSCO POLICIES

RESPONDENT IS NOTIFIED THAT IN THE EVENT OF AN AWARD THE FOLLOWING LSCO

POLICIES, AT A MINIMUM, SHALL APPLY TO A RESPONDENT’S EMPLOYEES AND

SUBCONTRACTORS WHILE ON THE LSCO CAMPUS:

a. On-campus driving and parking;

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b. Prohibition on smoking or tobacco use;

c. Fire safety; Hazardous Materials;

d. Drug-free workplace; and,

e. Prohibition of sexual harassment, or harassment or discrimination based on race, color, national origin, age, sex, religion, or disability.

1.27.20 In accordance with Texas Education Code, Chp. 51, Section 51.9335, Subsection (h), any contract for the acquisition of goods and services to which an institution of higher education is a party, a provision required by applicable law to be included in the contract is considered to be a part of the executed contract without regard to:

a. Whether the provision appears on the face of the contract; or

b. Whether the contract includes any provision to the contrary.

1.28 NON-BOYCOTT VERIFICATION: Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its response.

1.29 CYBERSECURITY TRAINING PROGRAM: Pursuant to Section 2054.5192, Texas Government Code, Contractor and its subcontractors, officers, and employees who are provided credentials granting access to LSCO’s computer system also known as LSCO’s information system, must complete a cybersecurity training program certified under Section 2054.519, Texas Government Code as selected by the LSCO.