ESBD_510130_1776980223369_7 - Final Solicitation.pdf

ARTICLE 1 – GENERAL OVERVIEW AND EXECUTIVE SUMMARY

AUSTIN COMMUNITY COLLEGE (ACC) DISTRICT is soliciting Competitive Sealed Proposals (CSPs) from qualified and interested firms for a parking lot expansion on the Round Rock Campus in accordance with Round Rock Campus (RRC) South Parking Lot Expansion #913-26-275-00-S-

AB-CSP.

ACC Administration is responsible for the following responsibilities with respect to the selection of service providers for the proposed services:

• Serve as the primary/first contact with all external professionals who may be contracted for these projects;

• Develop and publicize scope of solicitation and evaluation criteria for selection of Round Rock Campus (RRC) South Parking Lot Expansion;

• Submit rankings of respondents to the solicitation evaluation committee for evaluation selection and approval; and

• Serve as contact and in oversight role throughout the procurement process.

Selection Process – The CSP is a one-step process for selecting a qualified firm for:

• Round Rock Campus (RRC) South Parking Lot Expansion

ARTICLE 1.1 Authority

ACC is soliciting the proposed services (or goods) listed herein under Texas Education Code, Chapter 44, Subchapter B, Section 44.031(f), Texas Government Code Chapter 2269, Subchapter G, and ACC’s Board Policies CF (Local) and CDC (Local).

ARTICLE 1.2 College Information

The Austin Community College District (ACC) is a public community college system serving the Austin, Texas, metropolitan area and surrounding Central Texas communities. ACC was founded in 1972 as part of the Austin Independent School District and began offering classes in fall semester 1973. ACC is one of the largest community college systems in Texas and in the United States. The college maintains 11 campuses, 2 centers, and distance learning options to serve about 70,000 students annually in academic, workforce, continuing education and adult education programs. ACC offers associate degrees and career/technical certificate programs in more than 100 areas of study as well as four bachelor’s degree programs. Most courses taken within the District are meant to apply to associate degrees, which help students qualify for jobs or can be transferred to four-year institutions. The College’s legislatively designated service area encompasses six counties: Bastrop, Blanco, Caldwell, Hays, Travis, and Williamson.

The College is primarily supported by ad valorem taxes, tuition and state appropriations. ACC’s website is at http://www.austincc.edu.

Historical and demographic information about ACC can be viewed by accessing the link below to the ACC Fact Book: https://oira.austincc.edu/data-and-reports/factbook/.

ARTICLE 1.3 Point of Contact Information

All requests, questions or other communication about this solicitation shall be made in writing to the ACC Procure to Pay (P2P) Department addressed to person listed below:

• Name: Anthony Barron http://www.austincc.edu/ https://oira.austincc.edu/data-and-reports/factbook/

• Title: Buyer, ACC P2P Department

• Address: 6101 Highland Campus Drive, Austin, TX 78752

• Phone: (512) 223-1039

• E-Mail: anthony.barron@austincc.edu

ARTICLE 1.4 Prohibited Communication

On issuance of this solicitation, except for the written questions and requests for clarification described in the solicitation, ACC, its representative(s), or partners will not answer any questions or otherwise discuss the contents of this solicitation with any potential respondents or their representative(s).

Attempts by potential respondents to ask questions by phone, email, or in person of other representatives other than the point of contact for this solicitation will not be allowed or recognized as valid. Respondents shall rely only on written statements issued by or through the College's designated staff as provided in this solicitation.

Prohibited communication includes any attempts to contact or notify any ACC agent (reference Exhibit C-1) during the procurement process and prior to award of the resulting contract.

This restriction does not preclude discussions between affected parties to conduct business unrelated to this solicitation.

Failure to comply with these requirements may result in disqualification of respondent's proposal.

ARTICLE 1.5 Clarifications

Respondents must notify the Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specifications, omission or other error in the solicitation in the manner and by the deadline for submitting questions.

If a respondent fails to timely and adequately notify the point of contact of such issues, the respondent submits its proposals at its own risk, and if awarded a contract:

1. shall have waived any claim of error or ambiguity in the solicitation and any resulting contract,

2. shall not contest the interpretation by the College of such provision(s), and,

3. shall not be entitled to additional compensation, relief, or time by reason of ambiguity, error, or later correction.

ARTICLE 1.6 Questions and Responses

Questions or comments concerning this solicitation must be submitted in writing to the ACC’s Point of Contact, by no later than the date and time indicated in Procurement Schedule of Events.

Responses to questions or other written requests for clarification will be communicated via an addendum, or via Workday Strategic Sourcing (WSS) “Message Center”, as applicable. ACC reserves the right to amend answers before the deadline of the solicitation’s responses. It is the respondent's responsibility to contact the Point of Contact for updated responses.

ACC also reserves the right to determine or decline to answer any question or questions or to provide a single consolidated response of all matters they choose to respond in any manner at the sole discretion of the College. If ACC, in its sole discretion, determines that questions necessitate a change to this solicitation, the change will be reduced to writing in the form of an addendum, or via Workday Strategic Sourcing (WSS) “Message Center”, as applicable.

mailto:anthony.barron@austincc.edu

ARTICLE 1.7 Procurement Schedule

The following table documents the critical pre-award events for the solicitation:

Procurement Schedule Event Dates

Solicitation Release Date April 23, 2026 Solicitation Conference: 10:00 a.m., Central Standard Time (CST) May 7, 2026 Site Visit: Immediately following Solicitation Conference, 11:00 a.m., CST May 7, 2026 Deadline for Questions: 12:00 p.m., CST May 8, 2026 Issuance of Addendum, or via Workday Strategic Sourcing (WSS) “Message Center”, as applicable. May 13, 2026

ACC will be CLOSED in observance of Memorial Day May 25, 2026 Withdrawal of Solicitation (Same date as the due date/closing): 12:00 p.m., CST May 27, 2026

Solicitation Response Due Date/Closing Date: 12:00 p.m., CST May 27, 2026 Public Reading of Proposals Received: 1:15 p.m., CST. May 27, 2026 Board of Trustees (BOT) Approval July 6, 2026 Contract Award August 17, 2026 Anticipated Contract Start Date August 24, 2026

Note: The dates identified are a tentative schedule of events. ACC reserves the right to modify these dates at any time upon notice and at the discretion of ACC, which will be posted to its website, via addenda.

ARTICLE 1.8 Solicitation Conference

ACC will host an optional Solicitation Conference on Thursday, May 7, 2026, at 10:00 a.m., CST, in Room #1218 of Building 1000 (second floor), located at 4400 College Park Drive, Round Rock, TX 78665. Reference Exhibit D - ACC Campus Maps – Round Rock Campus (RRC) for building and parking directions.

Respondents may email questions for the conference to the Point of Contact (reference Article 1.3) no later than five (5) days before the conference. ACC will allow respondents to submit written questions at the conference.

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the sole point of contact identified in the solicitation at least 72 hours before the meeting so appropriate arrangements can be made.

ACC will attempt to respond to questions at the conference, but responses are not official until posted in the official format on ACC’s website. ACC reserves the right to amend answers before the proposal submission deadline.

ARTICLE 1.9 Site Visit

ACC will host a site-visit in regard to this project immediately following the Solicitation Conference on Thursday, May 7, 2026 at the following time and location:

• 11:00 a.m., CST

• Room #1218 of Building 1000, 4400 College Park Drive, Round Rock, TX, 78665 (starting point for walk over to actual project location on campus)

All interested and potential respondents must attend the site visit to ensure the successful submission of proposals that meet all requirements of the solicitation, specifications, and drawing. Reference "Exhibit D - ACC Campus Maps - Round Rock Campus (RRC)" for building and parking directions.

ARTICLE 2 – PROJECT OVERVIEW

ARTICLE 2.1 Mission Statement and Objective

The primary mission of ACC’s P2P Department is to acquire the highest quality of goods and services in a timely manner that provided the best value to ACC, and to assure that the procurement function is conducted for effective college operations and in accordance with applicable Federal and State laws, and ACC policies.

ARTICLE 2.2 Mission Objectives

ACC’s objective of this solicitation is to award one (1) contract with a professional and qualified firm to provide parking lot expansion services at the Round Rock Campus. This project is proposed to alleviate the shortage of parking space on campus for students, faculty, and staff due to the current new building construction on campus, which includes a new RRISD Early College High School building and two (2) new ACC buildings (Bldg. 4000 and 5500) on the southwest portion of the campus.

ARTICLE 2.3 Description of Services/Scope of Work (SOW)/Specifications

The proposed parking lot expansion project is a priority project due to the increasing shortage of parking space on the RRC Campus. The proposed expansion project must comply with the Americans with Disabilities Act (ADA) requirements specified by the Texas Department of Licensing and Regulation (TDLR), along with all applicable federal, state, and local codes. The project timeline and construction process must align with the established standards and guidelines. Proposals must include the following elements in converting a vacant lot into an approximately 200 space parking lot to the southern end of RRC, located west of existing Lot C and west of new Building 4000, which is currently under construction. The new parking lot will integrate with and tie into the existing parking lots on the east and west edge.

The proposed project includes, but not limited to, the following:

• new asphalt paving for driveways and parking stalls;

• new concrete curb and gutter around all spaces and driveways;

• new parking lot light poles and surveillance cameras;

• landscape and irrigation improvements around the new parking area; and,

• electrical conduit and ground boxes for installation of future electric vehicle (EV) charging stations to support future project to serve 60 of the 200 new parking spaces.

The project has an approved site development permit that is ready to pull with the City of Round Rock once the fee is paid (Reference Exhibit I). The awarded contractor will pay the permit fee once the contract is signed with ACC. The permit expires in September 2026, so the fee will need to be paid by September 1, 2026.

All design and construction phases must adhere to established guidelines, including code reviews, design documentation, construction planning, and ACC Design Guidelines and Construction Standards to ensure quality and compliance. The respondent must review the complete drawings and specifications (Reference Exhibit H-1 and H-2) and base their pricing on this information. The estimated construction budget is $2,200,000.

ARTICLE 2.4 Project Start and Completion Dates

After contract award, the proposed start date is anticipated to be no later than September 1, 2026, or a date specified by ACC. The proposed project must be completed by January 30, 2027. If the project is not completed within the specified timeframe, the selected respondent/contractor will be subjected to payment of liquidated damages [(LDs); Reference ARTICLE 2.5], for each day which the project is not completed.

ARTICLE 2.5 Liquated Damages (LDs)

Time is of the essence in the completion of the project within the substantial completion date provided by the contract. ACC's actual damages for delay(s) caused by the selected respondent/contractor's failure to timely complete the project are difficult, if not impossible, to measure at the time of entering into contract.

ACC has calculated that $500 per day is a reasonable estimate of such LDs the selected respondent/contractor's unexcused delay in achieving substantial completion by the substantial completion date, and will be used as the measure of damages unless the selected respondent/contractor and ACC agree on a different amount, in advance, and in writing. When, applicable, LDs may be deducted from the selected respondent's/contractor's invoice, including any retainage.

ARTICLE 2.6 Respondent/Contractor Requirements

All respondents or the selected respondent/contractor must ensure they are compliant with the following requirements and maintain compliance for the duration of the project:

1. Provide any equipment required to transfer equipment from delivery trucks to the RRC lot.

This includes, but is not limited to a forklift, pallet jacks, bobcat, crane, etc. or any other type of moving equipment.

2. Provide a dedicated dumpster to collect trash generated by the construction work. The dedicated dumpster must include all haul-away services. ACC does not allow construction trash to be dumped into its existing dumpsters, which are only designated for building occupant usage.

3. Provide own office/trailer, as the campus space is extremely limited.

4. Maintain standard working hours between 7:00 a.m., to 5:00 p.m., Central Standard Time

(CST), Monday through Friday. Saturday work may be allowed if approved by ACC upon request. ACC must have a designated person present at all times on-site while the respondent has construction workers on the premises.

5. Coordinate inspections with ACC's designated representative once work is deemed substantially complete by the selected respondent/contractor. ACC will perform inspections with its in-house electrical, plumbing, and landscape representatives in coordination with ACC's Campus Planning, Construction, and Sustainability department, prior to acceptance and designation of work being deemed substantially complete. Punch lists will be generated by ACC's designated representative, and the selected respondent/contractor must address and correct all punch list items prior to final acceptance by ACC and project close out.

6. Project must be designed by licensed engineers, landscape architects, and architects as required.

7. Provide, when possible, materials that are purchased within the state of Texas sales tax free.

ACC is an entity of the state and is, therefore, exempt from state sales tax. The necessary tax exemption forms will be provided to the selected respondent/contractor upon request.

8. Review and comply with ACC’s construction safety manual (to be provided in advance of the start of renovation work).

ARTICLE 2.7 Construction Schedule

The selected contractor will create a construction schedule outlining how work will be organized on the occupied campus, including plans for managing construction pathways. ACC Campus Operations and Management will review and approve, in writing, this schedule before work begins. All building occupants will receive advance notice of any access disruptions, if needed.

ARTICLE 2.8 Schedule of Values

The awarded respondent will submit to ACC's designated representative a Schedule of Values allocated to the various portions of the work. The awardee must make this submittal within ten (10) days of the Notice to Proceed and no later than twenty (20) days prior to the first application for payment.

Schedule of Values must track the Construction Schedule.

The awarded respondent will correlate line items in Schedule of Values with other required administrative forms and schedules, including the following:

• Application for payment forms with continuation sheets; and,

• Awardee to submit the Construction Schedule along with the request for progress payment once per month.

The awarded respondent must provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of application for payment and progress reports. Also, provide several line items for principal subcontract amounts, where appropriate.

ARTICLE 2.9 Meetings

At a minimum, the awarded respondent must schedule the following required meetings for the project, which must be coordinated through and approved by ACC's designated representative:

• Kick-off Meeting;

• Pre-Construction Meeting;

• Coordination Meeting;

• Pre-Installation Meeting;

• Progress Meetings (weekly or bi-weekly); and,

• Punch-Out Walk Through Meeting.

ARTICLE 2.10 Safety Certification

The awarded respondent/contractor must review information regarding hazardous materials and requirements for safe handling with ACC's designated representative and ACC's Safety and Emergency Management (SEM) team.

• Occupational Safety and Health Administration (OSHA) 30-hour Training: All Superintendents and project managers (PMs) for the awarded respondent must submit proof of completion of OSHA 30-hour Training (certificate) to ACC's designated representative(s), ACC's Project Manager (PM), and ACC's Construction Manager (CM) prior to being assigned to an ACC Project.

• Occupational Safety and Health Administration (OSHA) 10-hour Training: All workers on the project must have a minimum OSHA 10-hour Training (card) prior to being assigned to an ACC Project.

At a minimum, hard hats, safety shoes, safety vests, and safety goggles are required at all times while on the job site.

ARTICLE 2.11 Warranty Requirements

As applicable, unless otherwise agreed in writing prior to the award, the respondent’s warranty against defects in material and workmanship shall be for one (1) year from the date of execution of the contract awardee’s “Final Acceptance Form.” All respondents, and the selected respondent/contractor must ensure the warranty requirements are applicable to the following items and components for the parking lot expansion. Complete repair or full replacement of all hardware faults resulting from a product defect on a back to supplier basis must be included in the product warranty.

ARTICLE 2.12 Extended Warranty and Maintenance Service Agreement

All respondents are requested, if applicable, to provide information regarding additional or extended warranty and/or maintenance agreements that would be applicable to the parking lot expansion.

Respondents are requested to identify and list costs of additional warranty and/or maintenance agreements on the WSS price sheet with the respondent's proposal submission. ACC will consider the cost of the extended warranty option in determining overall best value to the College.

ARTICLE 2.13 Retainage

Until Substantial Completion, ACC will pay 95% of the amount due to the awarded contractor on account of progress payments, but will retain five percent (5%) of the original amount. The final 5% retainage fee shall be due upon full performance of the proposal.

ARTICLE 2.14 Allowances

The contractor will allocate a five percent (5%) construction allowance (as based on the cost of construction including General Conditions), in order to address unforeseen existing conditions and other scope changes as encountered during the course of construction.

ARTICLE 2.15 All Elements of Costs for the Proposed Goods

The cost of the proposed services and all elements of cost offered by all respondents must include, but is not limited to, the initial warranty, training, delivery, and installation. In addition, all respondents are requested to maintain the original cost of the proposed equipment for at least two (2) years from the date of installation, when applicable. All proposed costs will be considered by ACC in determining the overall best value selection for contract award. All respondents must include the Excel Version of "Exhibit J - Pricing Response Sheet" with their submission.

ARTICLE 3 – SMALL LOCAL BUSINESS ENTERPRISES

ARTICLE 3.1 Small Business Development Program (SBDP)

The Small Business Development Program (SBDP) was established to provide a race- and gender-neutral program for the College to utilize in its efforts to ensure that all segments of its local business community have a reasonable and significant opportunity to participate in contracts.

According to ACC’s Board Policies CF (Local) and CDC (Local), ACC is committed to maximizing the vitality and robustness of the economy of the College’s service area through enhanced opportunities for the utilization of Small Local Business Enterprises (SLBE) as defined within the SBDP.

Respondents may contact the SBDP Office at SBDP@austincc.edu for assistance or clarification with issues specifically related to ACC Policy, the completion of SLBE forms and related reports, by the terms of the contract, and/or by ACC Policy (reference Exhibit B, SBDP Information). The suppliers’ plan will be reviewed to assess the strength of proposed SLBE participation on the respondent’s team and to ensure compliance with SBDP by other firms performing on a project under the respondent’s supervision.

ARTICLE 3.2 SLBE Participation

To confirm the best characterization of your firm, all respondents must complete Exhibit B-1 in Workday Strategic Sourcing (WSS) that confirms their eligibility as a certified SLBE or Historically Underutilized Business (HUB) within ACC's taxing district.

The respondent is required to use its best efforts to assist ACC in achieving this objective by providing maximum opportunities for SLBEs to participate on its team(s) and by using its best efforts to encourage the use of SLBEs by other suppliers and subcontractors whenever possible. Suppliers are required to provide a plan describing their actions to utilize SLBEs in all phases of the contract by completing Exhibit B-2 in WSS.

During the term of the contract, ACC shall regularly monitor SLBE participation to determine if it continues to meet or exceed the provisions specified in the contract. If the selected supplier is deemed not to have made a good faith effort to comply with the requirements of the original solicitation. ACC shall report nonperformance relative to its contracts to the Comptroller per its vendor performance tracking system (VPTS) of the Texas Government Code, Section 2262.055.

ARTICLE 4 – AWARD OF CONTRACT

ACC intends to award one (1) contract to the qualified firms whose proposal, conforming to the conditions and requirements of the solicitation, is determined to offer the best value to ACC. The award shall not be made upon the opening of proposals but at a time as soon thereafter as may be necessary to evaluate proposals and to obtain Board of Trustee authorization, if required. The provisions, terms, and conditions of this solicitation shall become a part of any subsequent contractual documents. Failure of the successful respondents to accept this obligation may result in the cancellation of any recommendation to award.

Notwithstanding the above, this solicitation does not commit ACC to contract for any requirements detailed in this document.

ARTICLE 4.1 Contract Elements

The term "contract" or "Construction Contract" means the contract awarded as a result of negotiations as identified in this solicitation and all exhibits thereto. At a minimum, the following documents will be incorporated into the contract:

• this solicitation and all attachments and exhibits;

• any modifications, addendum, or amendments issued in conjunction with this solicitation;

• ACC's Term and Conditions; and,

• the successful respondent's proposal.

The resulting contract will be documented in the AIA Construction and Contract templates (reference Exhibit F-1 - AIA Document A101-2017) with the general conditions of the contract for construction and related terms and conditions.

mailto:SBDP@austincc.edu

ARTICLE 4.1.1 Disclosure of Interested Parties – Texas Ethics Commission (TEC) Form 1295

All respondents must complete the Form 1295 Certificate of Interested Parties which is located on the TEC website https://www.ethics.state.tx.us/filinginfo/1295/ for certain contracts with a value of $1 million or more, that require an action or vote by a governing body, or are for services that would require a person to register as a lobbyist under Chapter 305 of the Texas Government Code. Before contract award, the supplier must submit to Austin Community College District (ACC) a completed and signed form with the certificate number and date.

Respondents are required to acknowledge the requirement for Disclosure of Interested Parties – Texas Ethics Commission Form 1295 with their solicitation response to Austin Community College District (ACC).

ARTICLE 5 – BUSINESS PROPOSAL

Please complete the following components of your bid submission included in this digital CSP event:

• WSS Questionnaire

• Pricing Response Sheet (Exhibit J - Pricing Response Sheet - EXCEL Version)

• Required documents:

1. Completed and signed Certification Form (Exhibit A);

2. Completed SBDP Forms (Exhibits B-1, and/or B-2), as applicable;

3. Respondent’s Affidavit of Non-Collusion (Exhibit C-1);

4. Conflict of Interest Questionnaire (Exhibit C-2);

5. Certification of Compliance with Provisions of the Texas Government Code, Sections

2271.002 and 2274.002 (Exhibit E);

6. Proof of Insurability in accordance with ACC’s Terms and Conditions set forth in this solicitation as:

• Respondent must demonstrate they have the appropriate general liability insurance as set forth in ACC’s Terms and Conditions. Specify the bond, professional liability, or comparable insurance coverage maintained by the company. Certification of bond, when the application must be presented within ten

(10) calendar days of notification.

• Respondent must show evidence of possessing Workers’ Compensation Insurance as required by law.

• Verification that the firm has completed the online Vendor Registration with ACC on their portal link: https://austincc.edu/sbdpvendor and provided supporting documentation including but not limited to IRS W-9, Request for Taxpayer Identification Number and Certification (reference https://www.irs.gov).

7. Provide evidence of licensure by appropriate state board, if applicable.

8. Signed Addendum/Addenda, when applicable.

ARTICLE 6 – BUSINESS PROPOSAL EVALUATION

Proposals will be evaluated in accordance with Texas Education Code, Chapter 44, Subchapter B, Section 44.031(f), associated with the proposed services (or goods), as follows:

• An evaluation committee will conduct evaluations of the submitted proposals.

• Any response that takes exception to any mandatory item(s) in this solicitations process may be rejected and not considered. Any response to the solicitation that does not include a response to all the required information may also be rejected and not considered.

https://www.ethics.state.tx.us/filinginfo/1295/ https://austincc.edu/sbdpvendor https://www.irs.gov/

• A notation of “Not applicable” or “N/A” as appropriate will be considered a valid response.

ARTICLE 6.1 Evaluation Criteria

ACC will evaluate proposals in accordance with the Texas Education Code Section 44.031(b), Texas Government Code Section 2155.074 and ACC’s best value criteria, and in determining to whom to award a contract, the district shall consider the following:

1. Total overall proposal cost (35%);

2. Quality, reliability, and successful experience of the respondents past performance for the types of projects listed above or other projects of similar size and complexity to other community colleges, institutions of higher education and other governmental and public entities, etc. (25%);

3. Personnel and Resumes: Overall qualifications of the respondents’ proposal management staff (20%);

4. Specific project plan for this project (10%);

5. Safety Record: Experience in performing construction projects in a safe manner as a contractor (5%); and,

6. Business Organization and Litigation (5%).

If other considerations are equal, ACC will give preference to a consultant with a principal place of business in the State of Texas, or a consultant who will manage the contract from an office in Texas.

ARTICLE 6.2 SLBE Participation for Evaluations

In accordance with ACC’s Board Policy CF (Local) and CDC (Local), ACC is committed to maximizing the vitality and robustness of the economy of the District’s service area through enhanced opportunities for the utilization of SLBEs as defined within the SBDP.

ACC’s internal goal for SBDP participation is 30% or more for all its contracts. All respondents have the opportunity to participate in the SBDP by maximizing inclusion of SLBEs; and are encouraged to make a good faith effort to assist ACC in achieving this objective through providing maximum opportunities through the use of SLBEs by other vendors, suppliers, professionals, and subcontractors when possible.

In conjunction with the criteria for evaluation, in this section, respondents will have the opportunity to receive percentage points, which are allocated and based on the respondent’s submitted SLBE Participation Plan that will be considered in the selection of the best value respondent for the proposed contract services.

ARTICLE 6.3 Acceptance of Evaluation Methodology

By submitting a proposal in response to the solicitation/CSP, the respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firms/respondents will require subjective judgments by the Owner.

BY SUBMITTING A RESPONSE TO THIS CSP, THE RESPONDENT (OR BIDDER) AGREES THAT

IT WAIVES ANY CLAIMS IT HAS OR MAY HAVE AGAINST ACC, ACC’S EMPLOYEES, OFFICERS,

AGENTS, REPRESENTATIVES AND MEMBERS OF ACC’S GOVERNING BODY, IN CONNECTION

WITH OR ARISING OUT OF THIS CSP INCLUDING THE ADMINISTRATION OF THE CSP, THE

BASIS FOR SELECTION, THE EVALUATION OF THE RESPONSES, THE METHOD USED FOR

SELECTION, AND ANY DISCLOSURE OF INFORMATION REGARDING THE RESPONSES OR

EVALUATIONS. THE SUBMISSION OF QUALIFICATIONS CONSTITUTES THE ACCEPTANCE BY

THE RESPONDENT OF THE EVALUATION TECHNIQUE DESCRIBED IN THIS CSP.

ARTICLE 6.4 Initial Compliance Screening

ACC will perform an initial screening of all proposals received. Unsigned proposals are subject to rejection without further evaluation. Proposals that do not include all required forms will result in automatic disqualification.

ARTICLE 6.5 Competitive Range Determinations

ACC may determine that certain proposals are within the competitive range for consideration for negotiation and possible contract award, for proposals that receive the highest or most satisfactory evaluation. ACC may, in the interest of administrative efficiency, place reasonable limits on the number of proposals that will be included in the competitive range.

ARTICLE 6.6 Oral Presentations and/or Site Visits

ACC may, at its sole discretion, request oral presentations, site visits, and/or demonstrations from one or more respondents included in the competitive range. ACC will notify selected respondents of the time and location for these activities and may supply agendas or topics for discussion. ACC reserves the right to ask additional questions during oral presentations, site visits, and/or demonstrations to clarify the scope and content of the written proposal.

The respondent’s oral presentation, site visit, and/or demonstration must substantially represent material included in the written proposal, and should not introduce new concepts or offers unless specifically requested by ACC.

ARTICLE 6.7 Best and Final Offers

ACC may, but is not required to, permit proposals to prepare one or more revised offers. For this reason, respondents are encouraged to treat their original proposal, and any revised offers requested by ACC, as best and final offers.

ARTICLE 6.8 Clarifications with Respondents

ACC may, but is not required to, conduct clarifications with all, some, or none of the respondents included in the competitive range for the purpose of obtaining the best value for ACC. ACC may conduct clarification for the purpose of:

• clarifying proposal’s ambiguities;

• requesting modifications to a proposal; and/or

• obtaining a best and final offer.

ACC may make an award that represents the best value to the College.

ARTICLE 7 – INSURANCE AND BOND REQUIREMENTS

Successful contractor shall procure and maintain at its own expense the following minimum insurance coverages insuring all services, work activities, and contractual obligations undertaken in this contract.

These insurance policies must be written by insurers acceptable to ACC. Insurance limits for contracts includes the following:

ARTICLE 7.1 General Liability Insurance

Covering all duties, services or work to be performed (under the contract); insurance will provide limits of:

• Policy aggregate $2,000,000

• Each occurrence $1,000,000

• Products/completed operations aggregate $1,000,000

• Personal injury liability $1,000,000

• Fire damage liability $50,000

• Medical payments $5,000

• Sexual Molestation noted as not excluded from coverage, limits equal to policy limits.

• Consultant/Professional Liability Insurance limits $1,000,000 occurrence/aggregate (for consultants/services).

• Automobile Liability Insurance, Combined Single Limit $500,000 or as required by law.

ARTICLE 7.2 Workers’ Compensation Insurance

Providing the statutory benefits for the State of Texas and Employer’s Liability Insurance for all contracts in the amount of:

• Bodily Injury by accident: $500,000

• Bodily Injury by Disease - each person: $500,000

• Bodily Injury by Disease - policy limit: $500,000

ARTICLE 7.3 An Original Certificate of Insurance

Must be submitted from the insurer/agent prior to the issuance of the Notice to Proceed. The insurance carriers must be acceptable to ACC, generally an AM Best A-IX or better rating. The General Liability and Automobile Liability Certificate of Insurance must name Austin Community College District as an additional insured.

All certificates except Professional Liability shall include a Waiver of Subrogation for coverages.

Vendors must maintain the required limits of insurance as specified in the contract. They must also inform the College of any changes in insurance carriers, policy effective dates, or agents at least 30 days prior to such change, except if the policy is canceled for non-payment of premium, in which case the notice shall be ten (10) days.

ARTICLE 7.3.1

Vendor shall submit a properly endorsed Certificate of Insurance prior to any use of ACC facilities, work performed or services provided by Vendor under this Contract. Vendor must submit the Certificate of Insurance (COI) on an annual basis to ACC’s Office of Risk Management via email at:

• accriskmgmt@austincc.edu

Insurance carriers must be acceptable to ACC, with generally an AM Best A- IX or better rating.

General Liability and Automobile Liability certificates of insurance must name Austin Community College District as additional insured. All certificates except Professional Liability shall include a Waiver of Subrogation for coverages in favor of Austin Community College District. Notice shall be provided to ACC of any changes in insurance carriers, policy effective dates, or agents to insurance required under this Contract at least 30 days prior to such change, except if the policy is cancelled for non-payment of premium, in which case the notice shall be 10 days.

ARTICLE 7.3.2 [When applicable] mailto:accriskmgmt@austincc.edu

Vendor shall carry Pollution Liability insurance with limits of $1,000,000 per occurrence and $2,000,000 aggregate.

ARTICLE 7.3.3

Vendor shall carry Errors and Omissions insurance with limits of $1,000,000 for each occurrence and $3,000,000 aggregate.

ARTICLE 7.3.4

Vendor shall carry Sexual Misconduct and Liability insurance with limits of $1,000,000 for each occurrence and $3,000,000 aggregate. [OR] Vendor shall have coverage that does not exclude Sexual Molestation coverage with limits equal to policy limits.

ARTICLE 7.4 Bonding Requirements

The respondent must confirm that it will obtain and maintain a performance bond during the term of the contract. The bond must comply with the requirements identified in Exhibit G - Construction Insurance and Bond Requirements.

ACC shall bear no financial responsibility for Contractor's insurance or bonding coverage.