ESBD_File_336316_RFP-731-24-001-CJ East Campus Infrastructure.pdf

Rev: 4/16 Request For Competitive Sealed Proposals Page 1 of 16

REQUEST FOR COMPETITIVE SEALED PROPOSALS

FOR A GENERAL CONTRACTOR

TEXAS WOMAN’S UNIVERSITY

EAST CAMPUS INFRASTRUCTURE

TWU PROJECT 100657

RFP No.: RFP-731-24-001-CJ

PROPOSAL DUE DATE:

September 28, 2023

Prepared By:

CHELLE JEZEK

Texas Woman’s University Office of Procurement and Contract Services

TWUBIDS@TWU.EDU

Rev: 4/16 Request For Competitive Sealed Proposals Page 2 of 16

TABLE OF CONTENTS

Section 1 - General Information and Requirements

1.1 General Information

1.2 Public Information

1.3 Type of Contract

1.4 Clarifications and Interpretations

1.5 Submission of Proposals

1.6 Point-Of-Contact

1.7 Evaluation of Proposals

1.8 Owner’s Reservation of Rights

1.9 Acceptance of Evaluation Methodology

1.10 Debriefing

1.11 No Reimbursement for Costs

1.12 Pre-Submittal Conference

1.13 Eligible Respondents

1.14 Historically Underutilized Business

Submittal Requirements

1.15 Certain Proposal and Contract

Prohibited

1.16 Sales and Use Taxes

1.17 Certification of Franchise Tax Status

1.18 Required Notices of Worker’s

Compensation Insurance Coverage

1.19 Prevailing Wage Rate Determination

1.20 Delinquency in Paying Child Support

Section 2 - Executive Summary

2.1 Historical Background

2.2 Mission Statement

2.3 Project Description, Scope and Budget

2.4 Project Planning Schedule

Section 3 - Submittal Requirements For Statement of Proposals

3.1 Respondent’s Ability To Provide

Construction Services

3.2 Qualifications of Construction Team

3.3 Respondent’s Past Performance on

Representative Projects

3.4 Respondent’s Past Performance on

TWU Projects

3.5 Respondent’s Project Planning and

Scheduling for This Project

3.6 Respondent’s Quality Control and

Commissioning Program for This Project [OPTIONAL]

3.7 Respondent’s Project Safety Program

for This Project [OPTIONAL]

3.8 Respondent’s Warranty and Service

Support Program for This Project

[OPTIONAL]

3.9 Respondent’s Pricing and Delivery

Proposal

3.10 Execution of Offer

Section 4 - Format of Proposals

4.1 General Instructions

4.2 Page Size, Binding, Dividers and Tabs

4.3 Table of Contents

4.4 Pagination

Section 5 - Drawings and Specifications

5.1 Distribution

5.2 Deposits

5.3 Deposit Return and Reproduction Costs

5.4 Additional Sets of Documents

5.5 Documents on File

Rev: 4/16 Request For Competitive Sealed Proposals Page 3 of 16

REQUEST FOR COMPETITIVE SEALED PROPOSALS

Texas Woman’s University East Campus Infrastructure

RFP No.: RFP-731-24-001-CJ

SECTION 1 – GENERAL INFORMATION AND REQUIREMENTS

1.1 GENERAL INFORMATION: Texas Woman’s University (“Owner”) and is soliciting

Competitive Sealed Proposals (“Proposals”) for selection of a General Contractor firm for East Campus Infrastructure (“Project”), in accordance with the terms, conditions, and requirements set forth in this Request for Competitive Sealed Proposals.

1.1.1 This Request for Competitive Sealed Proposals (“RFP”) is the only step for selecting a

General Contractor for the Project as provided by Texas Education Code §51.783(d). The RFP provides the information necessary to prepare and submit Competitive Sealed Proposals for consideration and ranking by the Owner.

1.1.2 The Owner may select the Proposal that offers the “best value” for the institution based on the published selection criteria and on its ranking evaluation. The Owner may first attempt to negotiate a contract with the selected offeror. The Owner may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the Owner is unable to reach a contract with the selected offeror, the Owner may formally end negotiations with that offeror and proceed to the next “best value” offeror in the order of the selection ranking until a contract is reached or all proposals are rejected.

1.2 PUBLIC INFORMATION: All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed.

1.2.1 The Owner strictly complies with all statutes, court decisions, and opinions of the Texas

Attorney General with respect to disclosure of RFP information.

1.3 TYPE OF CONTRACT: Any contract resulting from this solicitation will be in the form of the

Standard Form of Agreement Between Owner and Contractor, a copy of which is included in the Bidding Documents.

1.3.1 The work will be awarded under as a Lump-Sum contract to the Respondent offering the

“best value” to the Owner.

1.4 CLARIFICATIONS AND INTERPRETATIONS: Any clarifications or interpretations of this

RFP that materially affect or change its requirements will be issued by the Owner as an Addendum. It is the responsibility of all respondents to obtain this information in a timely manner. All such Addenda issued by the Owner before the proposals are due as part of the RFP, and respondents shall acknowledge receipt of each Addendum to the RFP and/or the Bid Documents in its Proposal.

1.4.1 Addendum may be issued by the Point-of-Contact for this RFP via the Procurement Services web site at http://www.twu.edu/procurement/purchasing.asp, or the State of Texas Electronic State Business Daily website at http://esbd.cpa.state.tx.us/.

http://www.twu.edu/procurement/purchasing.asp http://esbd.cpa.state.tx.us/

Rev: 4/16 Request For Competitive Sealed Proposals Page 4 of 16

1.4.2 No oral explanation in regard to the meaning of the Bidding Documents will be made and no oral instructions will be given before the award of the contract. Discrepancies, omissions or doubts as to the meaning of Drawings and Specifications shall be communicated in writing to the TWU Project Manager for interpretation. Any interpretation made will be in the form of an Addendum, which will be forwarded to all known plan holders and its receipt by the respondent shall be acknowledged on the Pricing and Delivery Proposal Form.

1.4.3 Respondents shall consider only those clarifications and interpretations to the Drawings and

Specifications that the TWU Project Manager issues by Addenda five (5) calendar days prior to the submittal deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the Owner and should not be relied on in preparing Proposals.

1.5 SUBMISSION OF PROPOSALS:

1.5.1 DEADLINE AND LOCATION: The Owner will receive Proposals at the time and location described below. (IF DELIVERING PROPOSALS IN PERSON, PLEASE DO SO

BETWEEN THE HOURS OF 1:00 PM – 1:59 PM ON 9/28/2023 ONLY)

September 28, 2023 by 2:00 PM CST

Chelle Jezek Texas Woman’s University Procurement and Contract Services 1200 Frame Street Denton, TX 76209

1.5.1.1 Submit THREE (3) identical copies of the Base Proposal.

1.5.1.2 Submit THREE (3) identical copies of the Alternate Proposals.

1.5.1.3 Submit THREE (3) identical copies of the Qualifications.

1.5.1.4 Submit one (1) original and two (2) copies of the HUB Subcontracting Plan as separate attachments to the Proposals as described in Section 1.13.

1.5.1.5 Submit ONE (1) USB drive that contains Base Proposal, Alternate Proposal, Qualifications and HUB Subcontracting Plan.

1.5.2 Base Proposals, Alternates, Qualifications or HUB Subcontracting Plans that are received late will be returned to the respondent unopened. The Point-of-Contact identified in Section

1.6 will identify the official time clock at the Proposal submittal location identified above.

1.5.3 The Owner will not acknowledge or receive Base Proposals, Alternates, Qualifications or HUB Subcontracting Plans that are delivered by telephone, facsimile (fax), or electronic mail (e-mail).

1.5.4 Properly submitted Base Proposals, Alternates, Qualifications or HUB Subcontracting Plans will not be returned to the respondents.

1.5.5 Base Proposals, Alternates, Qualifications or HUB Subcontracting Plans materials must be enclosed in a sealed envelope (box or container) addressed to the Point-of-Contact

Rev: 4/16 Request For Competitive Sealed Proposals Page 5 of 16 identified in Section 1.6; the package must clearly identify the submittal deadline, the RFP Number, and the name and return address of the Respondent.

1.5.6 Properly submitted Proposals will be opened publicly and the names of the respondents will be read aloud after the HUB Subcontracting Plans are received and confirmed by the Owner.

1.6 POINT-OF-CONTACT: The Owner designates the following person, as its representative and

Point-of-Contact for this RFP. Respondents shall restrict all contact with the Owner and direct all questions regarding this RFP, including questions regarding terms and conditions, to the Point-of-Contact person.

Chelle Jezek Director, Purchasing and Contracts Texas Woman’s University 1200 Frame St.

Denton, TX 76209 Email: TWUBids@twu.edu

1.7 EVALUATION OF PROPOSALS: The evaluation of the Proposals shall be based on the requirements described in this RFP. All properly submitted Proposals will be reviewed, evaluated, and ranked by the Owner.

1.8 OWNER’S RESERVATION OF RIGHTS: The Owner may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Proposals and re-solicit for new Proposals, or to reject any and all Proposals and temporarily or permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

1.9 ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Proposals in response to this RFP, the Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” Respondent will require subjective judgments by the Owner.

1.9.1 The Owner 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 the Owner’s estimate of the construction cost.

1.10 DEBRIEFING: After evaluation and award by Texas Woman’s University, any unsuccessful firms may request a debriefing regarding their proposal submittal. Please contact Alex Thomas via email at AThomas18@twu.edu.

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

1.12 NOT USED

1.12 ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may apply (This does not preclude a respondent from using consultants.) The Owner will contract only with the individual firm or formal organization that submits a Proposal.

mailto:AThomas18@twu.edu

Rev: 4/16 Request For Competitive Sealed Proposals Page 6 of 16

1.13 HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITTAL REQUIREMENTS: It is the policy of Texas Woman’s University, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUB) in all contracts.

Accordingly, Texas Woman’s University has adopted a policy on Utilization of Historically Underutilized Businesses (included in the Bidding Documents). The Policy applies to all contracts with an expected value of $100,000 or more. If the Office of Procurement Services determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the Proposal. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Proposal.

1.13.1 STATEMENT OF PROBABILITY: Texas Woman’s University has determined that subcontracting opportunities are probable in connection with this procurement solicitation.

Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the respondent's Proposal. The respondent shall develop and administer a HSP as a part of the respondent's Proposal in accordance with the Texas Woman’s University policy on Utilization of Historically Underutilized Businesses (HUB).

1.13.2 The HUB Subcontracting Plans are available on the State of Texas website at http://comptroller.texas.gov/procurement/prog/hub/hub-subcontracting-plan/ or the Texas Woman’s University website at http://www.twu.edu/procurement/Forms.asp.

1.13.3 Submit one original and one copy of the HUB Subcontracting Plan in a separate attachment apart from the submittal of proposal to the point-of-contact listed in section

1.6 of this document.

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 vendors must certify their eligibility by acknowledging the following statement, "Under Section 2155.004, Government Code, the vendor 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 the contract without further obligation to the vendor. 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: Section 151.311, Tax Code, as amended effective October 1, 1993, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities that include Texas Woman’s University. The section further permits the purchase tax-free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is "necessary and essential for the performance of the contract" and "completely consumed at the job site." In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if "the contract expressly requires the specific service to be provided or purchased by the person performing the contract" or "the service is integral to the performance of the contract."

1.16 CERTIFICATION OF FRANCHISE TAX STATUS: Respondents are advised that the successful respondent will be required to submit certification of franchise tax status as required by State Law (H.B. 175, Acts 70th Leg. R.S., 1987, Ch. 283, p. 3242). The Respondent further http://comptroller.texas.gov/procurement/prog/hub/hub-subcontracting-plan/ http://www.twu.edu/procurement/Forms.asp

Rev: 4/16 Request For Competitive Sealed Proposals Page 7 of 16 agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

1.17 REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE: The

Texas Workers' Compensation Commission has adopted a new rule, 28 TAC, sec. 110.110, relating to REPORTING REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENTAL ENTITIES. The rule applies to all building or construction contracts advertised for bid on or after September 1, 1994. The rule implements sec. 406.096, Texas Labor Code, which requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity.

The requirements of the rule are set forth in Article 6 of the Uniform General Conditions.

1.18 PREVAILING MINIMUM WAGE RATE DETERMINATION: Respondents are advised that the Texas Prevailing Wage Law will be administered in accordance with Texas Government Code Title 10, Subtitle F, Chapter 2258.

1.19 DELINQUENCY IN PAYING CHILD SUPPORT: Under Section 231.006, Family Code, the vendor or applicant 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.

SECTION 2 – EXECUTIVE SUMMARY

2.1 HISTORICAL BACKGROUND:

An act of the 27th Legislature in 1901 founded the Girls Industrial College as a public institution that would become Texas Woman’s University in 1957. The school had then and has now a dual mission: to provide a liberal education and to prepare young women “for the practical industries of the age” with a specialized education.

Men have been admitted to TWU since 1972.

TWU continues today as a public university that offers a comprehensive catalog of academic studies, including baccalaureate, master’s and doctoral degrees. Now in its tenth decade, the University has grown from a small college to a major university. TWU is the largest university primarily for women in the United State, with the main campus in Denton and health science centers in Dallas and Houston.

2.2 MISSION STATEMENT:

Texas Woman’s University builds on its long tradition as a public institution primarily for women by educating a diverse community of students to lead personally and professionally fulfilling lives. TWU prepares women and men for leadership and service through high quality undergraduate, graduate and professional programs on campus and at a distance. A TWU education ignites potential, purpose and a pioneering spirit.

2.3 PROJECT DESCRIPTION AND SCOPE:

The project scope includes:

Rev: 4/16 Request For Competitive Sealed Proposals Page 8 of 16

• The installation of new storm sewer piping south of the existing tennis courts to mitigate stormwater runoff

• The rehabilitation of the existing drainage ditch extending north to south on the east side of campus. This scope also includes a new runoff reservoir, the installation of new box culverts, sidewalks, lighting, and security poles.

• Removing and relocating the existing fiber optics and copper cabling that runs south of the tennis courts.

• Installation of a new electrical duct bank.

2.4 PROJECT PLANNING SCHEDULE:

The following anticipated dates are for planning purposes only (if there is a conflict between the dates below and the Proposal Form, the duration shown on the Proposal Form shall govern).

The contractual dates required by the Owner of the “best value” respondent will be identified in the executed agreement.

Issue RFP September 12, 2023 Written Inquiries must be received by September 18, 2023 Responses to Inquiries Due September 22, 2023 RFP Responses Due September 28, 2023 Contract Award October 12, 2023

SECTION 3 – REQUIREMENTS FOR COMPETITIVE SEALED PROPOSALS

Respondents shall carefully read the information contained in the following criteria and submit a complete statement of Proposals to all questions in Section 3 formatted as directed in Section 4.

Incomplete Proposals will be considered non-responsive and subject to rejection.

Each of the following criteria will be evaluated and weighted as follows:

Criteria Points 1 - Respondent’s ability to provide construction services 10 2 - Qualifications of construction team 10 3 - Respondent’s performance on past representative projects 5 4 - Respondent’s past performance on TWU projects 5 5 - Respondent’s project planning and scheduling for this project 20 6 - Respondent’s quality control and commissioning program for this project 10 7 - Respondent’s project safety program for this project 5 8 - Respondent’s warranty and service support program for this project 10 9 - Respondent’s pricing and delivery proposal 25

TOTAL 100

3.1 CRITERIA ONE: RESPONDENT’S ABILITY TO PROVIDE CONSTRUCTION SERVICES

3.1.1 Provide the following information on your firm for the past five (5) fiscal years:

Volume Annual number, value and percent change of contracts in Texas per year;

Annual number, value and percent change of contracts nationally per year;

Revenues Annual revenue totals and percent change per year;

Rev: 4/16 Request For Competitive Sealed Proposals Page 9 of 16

Bonding Total bonding capacity;

Available bonding capacity and current backlog;

3.2.2 Attach a letter of intent from a surety company indicating your firm’s ability to bond for the entire construction cost of the project. The surety shall acknowledge that the firm may be bonded for each stage/phase of the project, with a potential maximum construction cost of $13,600,000.00 Bonding requirements are set forth in Article 17 of the Agreement and Article V of the Uniform General and Supplementary Conditions.

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

3.2.4 Provide details of any past or pending litigation, or claims filed, against your firm that may affect your performance under a Contract with the Owner.

3.2.5 Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If so, specify date(s), details, circumstances, and prospects for resolution.

3.2.6 Does any relationship exist by relative, business associate, capital funding agreement, or any other such kinship between your firm and any Owner employee, officer or Regent? If so, please explain.

3.2 CRITERIA TWO: QUALIFICATIONS OF CONSTRUCTION TEAM

3.2.1 Provide resumes of the Respondent’s team that will be directly involved in the Project, including their experience with similar projects, the number of years with the firm, and their city(s) of residence. Include as applicable; Project Managers, Superintendents, Assistant Project Managers and Superintendents, Expeditors, Project Scheduler, Quality Control Inspectors, Safety Coordinator / Assistant, Carpenter Forman, and Labor Forman.

3.2.2 For the each team member identified above, provide his/her current status, and when each team member will be available to provide Construction Services for this Project.

3.2.3 Describe, in graphic and written form, the proposed Project assignments and lines of authority and communication for each team member to be directly involved in the Project.

Indicate the estimated percent of time these team members will be involved in the Construction Services.

3.3 CRITERIA THREE: RESPONDENT’S PERFORMANCE ON PAST REPRESENTATIVE

PROJECTS

3.3.1 Identify and describe the Construction Team’s past experience for providing Construction Services that are MOST RELATED TO THIS PROJECT within the last five (5) years. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed:

Project name, location, contract delivery method, and description Color images (photographic or machine reproductions) Final construction cost Final project size in gross square feet

Rev: 4/16 Request For Competitive Sealed Proposals Page 10 of 16

Type of construction (new, renovation, or expansion) Actual Notice To Proceed, Substantial Completion, and Final Payment dates for

Construction Services Name of Project Manager (individual responsible to the Owner for the overall success of the project) Name of Project Superintendent (individual responsible for coordinating the day to day work) Names of Mechanical, Plumbing and Electrical Subcontractors

References (for each project listed above, identify the following):

The Owner’s representative who served as the day-to-day liaison during construction, including telephone number Architect/Engineer’s name and representative who served as the day-to-day liaison during construction, including telephone number Length of business relationship with the Owner.

References shall be considered relevant based on specific project participation and experience with the respondent. The Owner may contact references during any part of this process. The Owner reserves the right to contact any other references at any time during the RFP process.

3.4 CRITERIA FOUR: RESPONDENT’S PAST PERFORMANCE ON TWU PROJECTS

3.4.1 Identify and describe the Construction Team’s past experience for providing Construction Services on Texas Woman’s University projects within the last ten (10) years.

If the respondent has not previously provided Construction Services for Texas Woman’s University, then identify and describe the respondent’s past performance on Construction projects for institutions of higher education (or similar) within the last ten (10) years.

Projects may repeat with Section 3.3 above.

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

Project name, location, contract delivery method, and description Color images (photographic or machine reproductions) Final construction cost Final project size in gross square feet Type of construction (new, renovation, or expansion) Actual Notice To Proceed, Substantial Completion, and Final Payment dates for

Construction Services Name of Project Manager (individual responsible to the Owner for the overall success of the project) Name of Project Superintendent (individual responsible for coordinating the day to day work) Names of Mechanical, Plumbing and Electrical Subcontractors

3.5 CRITERIA FIVE: RESPONDENT’S PROJECT PLANNING AND SCHEDULING FOR THIS

PROJECT

3.5.1 Provide a Critical Path Method Milestone schedule for this Project. Clearly identify the 10%

Total Project Float required during the Construction Phase.

Rev: 4/16 Request For Competitive Sealed Proposals Page 11 of 16

3.5.2 Describe what you perceive are the critical Construction issues for this Project?

3.6 CRITERIA SIX: RESPONDENT’S QUALITY CONTROL AND COMMISSIONING

PROGRAM FOR THIS PROJECT

3.6.1 Describe your quality control program. Explain the methods used to ensure quality control during the Construction phase of a project. Provide specific examples of how these techniques or procedures were used from any of three (3) projects listed in response to Section 3.3 or 3.4 of this RFP.

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

3.7 CRITERIA SEVEN: RESPONDENT’S PROJECT SAFETY PROGRAM FOR THIS

PROJECT

3.7.1 Describe your job site safety program for this Project and specific safety policies in which employees must be in compliance.

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

3.8 CRITERIA EIGHT: RESPONDENT’S WARRANTY AND SERVICE SUPPORT PROGRAM

FOR THIS PROJECT

3.8.1 Describe your warranty service support philosophy and warranty service implementation plan for this Project.

3.8.2 Describe how you will measure the quality of service provided to the Owner for this Project.

3.8.3 Provide reference letters from three (3) Owners (other than TWU) identified in Sections 3.3 OR 3.4 that describe your response to, and performance on, warranty services AFTER substantial completion.

3.9 CRITERIA NINE: RESPONDENT’S PRICING AND DELIVERY PROPOSAL

3.9.1 Complete the “Respondent’s Pricing and Delivery Proposal” included with the Bidding Documents.

3.9.2 Bid security in the amount of five percent of the base bid will be required to accompany proposals.

Rev: 4/16 Request For Competitive Sealed Proposals Page 12 of 16

3.10 EXECUTION OF OFFER

NOTE TO RESPONDENTS: SUBMIT SIGNED EXECUTION OF OFFER AND ENTIRE

RFP DOCUMENT WITH RESPONSE.

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED

WITH THE RESPONDENT'S PROPOSALS. FAILURE TO COMPLETE, SIGN AND

RETURN THIS EXECUTION OF OFFER WITH THE PROPOSALS WILL RESULT IN

REJECTION OF THE PROPOSALS.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED PROPOSALS OR ANY

AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY

RESULT FROM THE SUBMISSION OF RESPONDENT’S PROPOSALS, AND THE

RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE

CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT

OWNER'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING

CONTRACT OR PURCHASE ORDER.

3.10.1 By signature hereon, Respondent acknowledges and agrees that (1) this Request

For Competitive Sealed Proposals is a solicitation for Proposals and is not a contract or an offer to contract; (2) the submission of Proposals by Respondent in response to this Request For Competitive Sealed Proposals will not create a contract between the Owner and Respondent; (3) the Owner has made no representation or warranty, written or oral, that one or more contracts with the Owner will be awarded under this Request For Competitive Sealed Proposals; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this Request For Competitive Sealed Proposals.

3.10.2 By signature hereon, Respondent offers and agrees to furnish to the Owner the products and/or services more particularly described in its Proposals, and to comply with all terms, conditions and requirements set forth in the Request For Competitive Sealed Proposals documents and contained herein.

3.10.3 By signature hereon, Respondent affirms that he/she has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted

3.10.4 By signature hereon, a corporate Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Texas Tax Code, or that the corporate Respondent is exempt from the payment of such taxes, or that the corporate Respondent is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable.

3.10.5 By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or Owner represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in Section 15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the Proposals made to any competitor or any other person engaged in such line of business.

3.10.6 By signature hereon, Respondent represents and warrants that:

3.10.6.1 Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the Request For Competitive Sealed Proposals;

Rev: 4/16 Request For Competitive Sealed Proposals Page 13 of 16

3.10.6.2 Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the Request For Competitive Sealed Proposals;

3.10.6.3 Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances;

3.10.6.4 Respondent understands (i) the requirements and specifications set forth in this Request For Competitive Sealed Proposals and (ii) the terms and conditions set forth in the Contract under which Respondent will be required to operate;

3.10.6.5 Respondent, if selected by the Owner, will maintain insurance as required by the

Contract;

3.10.6.6 All statements, information and representations prepared and submitted in response to this Request for Competitive Sealed Proposals are current, complete, true and accurate.

Respondent acknowledges that the Owner will rely on such statements, information and representations in selecting the successful Respondent. If selected by the Owner as the successful Respondent, Respondent will notify the Owner immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information.

3.10.7 By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the Request For Competitive Sealed Proposals is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements, which may result from the submission of Respondent’s

3.10.8 By signature hereon, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Respondent as defined in Rule 1

TAC 111.2.

3.10.9 By signature hereon, Respondent certifies as follows:

3.10.9.1 “Under Section 231.006, Texas Family Code, the vendor or applicant 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.”

3.10.9.2 “Under Section 2155.004, Texas Government Code, the vendor or applicant 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.”

3.10.9.3 “Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each individual or business entity which is an engineer or architect proposed by Respondent as a member of its team was selected based on demonstrated competence and Proposals only.”

3.10.10 By signature hereon, Respondent certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between Respondent and an employee of Texas Woman’s University, or Respondent has not been an employee of Texas Woman’s University within the immediate twelve (12) months prior to your Request For Competitive Sealed Proposals response. All such disclosures will be subject to administrative review and approval prior to the Owner entering into any contract with Respondent.

Rev: 4/16 Request For Competitive Sealed Proposals Page 14 of 16

3.10.11 By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this Request for Competitive Sealed Proposals (reference Section 2155.004 Texas Government Code).

3.10.12 Respondent represents and warrants that all articles and services quoted in response to this

Request for Competitive Sealed Proposals meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation.

3.10.13 By signature hereon, Respondent signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

3.10.14 By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Respondent’s Proposals.

3.10.15 By signature hereon, Respondent agrees that any payments that may become due under any agreements or other contractual arrangements, which may result from the submission of Respondent’s Proposals, will be applied towards any debt including, but not limited to, delinquent taxes and child support that is owed to the State of Texas.

3.10.16 By signature hereon, Respondent certifies that no member of the Board of Regents of

Texas W oman’s Univers i ty, or the Executive Officers of Texas Woman’s University , has a financial interest, directly or indirectly, in the transaction that is the subject of the contract.

The Respondent must complete, sign and return this Execution of Offer as part of their submittal response. The Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject the submittal to disqualification.

Respondent’s Name

Title

Authorized Signature

Date

Rev: 4/16 Request For Competitive Sealed Proposals Page 15 of 16

SECTION 4 – FORMAT OF PROPOSALS

4.1 GENERAL INSTRUCTIONS

4.1.1 Proposals shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the respondent's ability to meet the requirements of this RFP.

Emphasis shall be on the QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs.

4.1.2 Proposals shall be a MAXIMUM OF THIRTY (30) PRINTED PAGES. The cover, table of contents, divider sheets, HUB Subcontracting Plan (Section 1.13), Pricing and Delivery Proposal, and Execution of Offer do not count as printed pages.

4.1.2.1 Proposals shall be submitted as three (3) separate documents 1) Qualifications, 2) Pricing and Delivery Proposal with Execution of Offer in a sealed envelope, 3) HUB Subcontracting Plan.

4.1.3 Respondents shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed. Incomplete Proposals will be considered non-responsive and subject to rejection.

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

4.1.5 Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to rejection by the Owner, at its option.

4.1.6 The Owner makes no representations of any kind that an award will be made as a result of this RFP. The Owner reserves the right to accept or reject any or all Proposals , waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP when deemed to be in Owner's best interest.

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

4.1.8 Failure to comply with all requirements contained in this Request for Proposals may result in the rejection of the Proposals.

4.2 PAGE SIZE, BINDING, DIVIDERS, AND TABS:

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

4.2.2 Additional attachments shall NOT be included with the Proposals. Only the responses provided by the Respondent to the questions identified in Section 3 of this RFP will be used by the Owner for evaluation.

4.2.3 Separate and identify each criteria response to Section 3 of this RFP by use of a divider sheet with an integral tab for ready reference.

Rev: 4/16 Request For Competitive Sealed Proposals Page 16 of 16

4.3 TABLE OF CONTENTS:

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

4.4 PAGINATION:

4.4.1 Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.); the Respondent is not required to number the pages of the HUB Subcontracting Plan.

SECTION 5 - DRAWINGS AND SPECIFICATIONS

5.1 DEFINITION: Bidding Documents include the Bidding Requirements and the proposed Contract

Documents. The Bidding Requirements consist of the Advertisement, the Request for Competitive Sealed Proposals, the Proposal Form, and other sample bidding and contract forms.

The proposed Contract Documents consist of the Form of Agreement between the Owner and Contractor, Performance and Payment Bonds, Uniform General and Supplementary Conditions for Building Construction Contracts, Special Conditions, Prevailing Wage Rate Determination, HUB Utilization Policy, other forms and documents identified in the Agreement, Drawings, Specifications, and all Addenda issued prior to receipt of Proposals, and Change Orders issued after execution of the Contract.

5.2 NOT USED

5.3 NOT USED