ESBD_File_336428_RFCSP ASU Mall Lighting.pdf

REQUEST FOR COMPETITIVE SEALED PROPOSALS

CONSTRUCTION SERVICES

FOR

Mall Lighting

FP&C Project Number: 22-002

San Angelo, Texas

DEADLINE FOR SUBMISSION OF PROPOSALS

2:00 PM CST, Wednesday, October 4, 2023

Facilities Planning and Construction ASU Station 10924

San Angelo, Texas 76909-10924

(325) 942-2380

The Texas Tech University System is an Equal Opportunity Employer and encourages all Historically Underutilized Businesses to participate.

Project Specifications

Mall Lighting FP&C # 22-002 RFCSP Page# 2

Request for Competitive Sealed Proposals

For Construction Services

Mall Lighting

FP&C #:22-002

Angelo State University Member, Texas Tech University System

Facilities Planning & Construction

Design Professional:

Chambers Engineering, LLC Chris Chambers 5501 Spur 327 Lubbock, Texas

Project Manager Wesley Jordan Facilities Planning and Construction Angelo State University Member, Texas Tech University System ASU Station 10924 San Angelo, Texas 76909-10924 Phone: (325) 942-2380 Email: wesley.jordan@angelo.edu

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Request for Competitive Sealed Proposals

For Construction Services

RFCSP TABLE OF CONTENTS

Division # Division Description RFCSP Page No. .

DIVISION 00 PROPOSAL AND CONTRACT REQUIREMENTS

00010 Notice to Proposers

00050 Information to Proposers

00065 Proposal Evaluations and Selection Criteria

00100 Form of Proposal

00101 Proposal Questionnaire

00900 RFCSP Attachments

DIVISION 01 GENERAL REQUIREMENTS

01230 Schedule of Allowances

01550 Angelo State University Operating Policies and Procedures

DIVISION 01 GENERAL REQUIREMENTS

01550 Angelo State University Operating Policies and Procedures

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00010 Notice to Proposers Page 1 of 3

DIVISION 00 PROPOSAL AND CONTRACT REQUIREMENTS

00010 Notice to Proposers

(3 pages total)

I. REQUEST FOR PROPOSALS FOR COMPETITIVE SEALED PROPOSALS

Angelo State University, Member, Texas Tech University System (Owner or ASU) seeks proposals for Construction Services to manage the construction of the project described below. The successful firm will contract directly with ASU and will work cooperatively with ASU, its Owners’ Representative, and the Design Professionals to successfully complete the full scope of the Project within the project budget and on schedule.

This Request for Competitive Sealed Proposals (RFCSP) provides information on the

Project, the Minimum Scope of Construction Services required, and information to aid in preparing proposals in response to this RFCSP.

ASU will evaluate all Pre-response inquiries, determine whether an Addendum is required, and issue an appropriate response. All questions and responses, and additional information will be included in an Addendum which will be provided to all firms that have received this RFCSP.

Facilities Planning and Construction is not responsible for the accuracy or comprehensiveness of information provided by other ASU officials or other agencies.

Firms should not rely on information obtained from sources other than the Project

Manager listed below.

ASU also reserves the right to waive any or all formalities and to reject any or all responses if it determines it is in its best interests to do so.

The construction project is funded and ASU is committed to completing it in a timely manner.

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00010 Notice to Proposers Page 2 of 3

II. PROJECT INFORMATION:

Owner: Angelo State University

Project Name: Mall Lighting

Construction Budget: $1,350,000

A. Project Scope: Project consists of furnishing new lighting for the ASU Mall area as shown in the drawings. This consists of the following (this list is not all inclusive):

a. Removing existing concrete light pole bases, poles and fixtures.

b. Providing and installing new light poles, light pole bases and lights.

c. Providing and installing new light pole mounted receptacles.

d. All lighting control systems required by the Contract Documents.

e. Providing and installing conduit pathways for the security systems.

f. Providing and installing a new electrical panel.

g. All conduit, wiring, trenching, backfill, directional boring and labor required to accomplish the scope identified in the drawings and specifications.

Project Manager: Wesley Jordan

III. RFCSP RESPONSE SUMMARY:

Proposals are due: 2:00 PM CST, Wednesday, October 4, 20. Any proposals received after the closing time will be returned unopened. Any proposal without a signed

Attachment A, will be disqualified as non-responsive.

Proposal Submittal: Submit Proposals, one (1) Bound Original Copy, one (1) Electronic

Copy on USB drive, to:

Cody Guins

Executive Director of Facilities Services

Angelo State University

Overnight Mail: Facilities Planning & Construction

1635 Vanderventer

San Angelo, TX 76903

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00010 Notice to Proposers Page 3 of 3

United States Postal Service: Facilities Planning & Construction

ASU Station #10924

San Angelo, TX 76909

IV. TENTATIVE SCHEDULE:

RFCSP Solicitation September 13, 2023

Written Inquiries must be received by 12:00 PM, September 27, 2023

Pre-Response Meeting 1:30 PM CST, Thursday, September 21, 2023

Proposals Due 2:00 PM CST, Wednesday, October 4, 20

HSP Due 5:00 PM, October 5, 2023

Project Award October 10, 2023

Project Start November 1, 2023

Project Completion November 13, 2024

V. REQUIRED PROPOSAL SUBMITTAL CONTENTS:

€ Signed Attachment A – PROPOSAL FORM AND EXECUTION OF OFFER (4 Pgs.)

€ Completed Proposal Questionnaire identified in SECTION 00101 – PROPOSAL

QUESTIONNAIRE

€ Provide a notarized letter of commitment from a certified Bonding Agent in accordance with the contract amounts identified in SECTION 00050, ARTICLE 8, PART F., SECURITY FOR FAITHFUL PAYMENT.

€ Proposals exceeding $25,000.00, a five percent (5%) Proposal / Bid Bond, Certified

Check or Cashier’s Check payable to ASU

€ HUB SUBCONTRACTING PLAN (submitted at prescribed time mentioned above)

END OF SECTION

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00050 Information to Proposers Page 1 of 13

00050 Information to Proposers (13 pages total)

I. SUMMARY INFORMATION:

Proposers shall submit their Proposals and all documentation required by this

Competitive Sealed Proposals in one complete package, unless otherwise noted.

Failure to include any part of the requested information or documentation may result in the disqualification of the Proposal.

One bound copy of the proposal shall be submitted prior to the date and time that the

One electronic copy of the proposal, on properly formatted USB Drive, shall be submitted prior to the date and time that the Proposals are due.

One bound copy of the HUB Subcontracting Plan, shall be submitted prior to the date and time that the HUB Subcontracting Plan is due.

ASU may elect to receive proposals by means of e-mail communication from proposers using company letterhead, executed by a company officer and provided such communication is received by the presiding official at the location of the Proposal opening prior to the advertised time set for the receipt of Proposals in the published

Proposal request documents.

After receiving and qualifying submitted Proposals, ASU will evaluate and rank each qualified Proposal in relation to the published selection criteria. ASU will select the

Proposal that offers the best value for ASU based upon the published selection criteria and ranking evaluation.

Following successful negotiations with ASU, the Proposer will be expected to sign a

Construction Services Agreement with the contract value being the final amount agreed upon in the negotiations with ASU.

A five percent (5%) Proposal / Bid Bond, Certified Check or Cashier’s Check must accompany each Proposal that exceeds $25,000. A Proposal/Bid Bond and Power of

Attorney or a Certified Check or a Cashiers’ Check payable to ASU in the amount of not

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00050 Information to Proposers Page 2 of 13 less than five percent (5%) of the maximum possible sum of the Base Proposal and the

Alternates (Proposer-furnished form).

Contracts over $25,000 require Payment Bonds. The Proposer shall provide for a

Payment Bond and the associated cost of the bond shall be identified in the Proposal document.

Contracts over $100,000 require Performance Bonds. The Proposer shall provide for a

Performance Bond and the associated cost of the bond shall be identified in the

Proposal document.

Proposals received after the closing time for whatever reason, will be returned unopened.

Proposals will be publicly opened and the Proposer names and monetary amounts will be read aloud.

No Proposer may withdraw its Proposal within sixty (60) calendar days after the actual date of opening.

State law requires ASU to make a good faith effort to assist Historically Underutilized

Businesses. All Proposals require the submission of a HUB SUBCONTRACTING

PLAN at the prescribed time. Any Proposal received without a properly prepared and submitted HUB SUBCONTRACTING PLAN, at the prescribed time, will be rejected as a material failure to comply with the requirements of the RFCSP.

ASU reserves the right to accept or reject any or all Proposals, and to waive any and all formalities.

ASU is an Equal Opportunity Employer.

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All inquiries regarding this Request for Competitive Sealed Proposals must be in writing and directed to the Project Manager below. Questions directed to other agencies or

ASU Officials will not receive consideration or a response.

Wesley Jordan

Facilities Planning and Construction

Angelo State University

Member, Texas Tech University System

ASU Station #10924

San Angelo, TX 76909

Phone: 325.942.2380

Email: wesley.jordan@angelo.edu

I. PRE-RESPONSE MEETING INFORMATION:

A pre-proposal meeting will be conducted 1:30 PM CST, Thursday, September 21, 20, Facilities Planning and Construction Conference Room 120B , 1635 Vanderventer, San

Angelo, TX 76903.

The Pre-Response Meeting will recapture the RFCSP requirements and information, outline project requirements. Following the meeting FPC will briefly conduct a site visit if necessary.

II. COMPETITIVE SEALED PROPOSALS PREPARATION:

The Proposal shall be based on conditions at the project site, the project Drawings and

Specifications and any addenda issued.

The Proposal shall be authoritatively executed in permanent ink on the Proposal form furnished in the Proposal request documents, or an exact duplication thereof, on white 8

½” x 11” paper.

If the Proposal Form does not provide sufficient space to adequately respond to a question, the Proposer should attach additional 8 ½” X 11" white paper sheets as required, referencing the page and question numbers to which the response pertains.

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A Proposal showing omissions, alterations, conditions, or carrying riders or other qualifiers, which modify the Proposal form, may be disqualified at ASU’s discretion.

Each printed copy of the Proposal must be bound separately. Tabbed dividers should separate the various sections of the Proposal data. The tabs must identify the sections by name rather than simply a number or letter of the alphabet.

III. SUBMISSION OF PROPOSAL:

Each Proposal must be submitted on the prescribed form. All blank spaces for Proposal prices must be completed, in ink or typewritten, in words and figures and all EXHIBITS, ATTACHMENTS, or APPENDICIES must be completed and attached. In cases of conflicts between the amount in words and figures, the amount in words takes precedence.

Each Proposal must be submitted in a sealed envelope bearing on the outside the name of the Proposer, the Proposer’s address and the name of the project for which the

Proposal is submitted.

Each Proposal form must be signed by the person authorized to sign and submit a

Proposal. FAILURE TO DO SO WILL RESULT IN THE DISQUALIFICATION OF THE

PROPOSAL.

Each Proposal that exceeds $25,000 shall be accompanied by a five percent (5%)

Proposal Security; a Certified Check, a Cashier's Check, or a Proposal / Bid Bond and a

Power of Attorney with a notarized letter of acceptance from a Certified Bonding Agent for Payment and Performance Bonds. FAILURE TO DO SO WILL RESULT IN THE

DISQUALIFICATION OF THE PROPOSAL.

If the Proposer chooses to answer "No Response" (N/R) to a question on the Proposal, an explanation of this action is required. Failure to do so may be viewed by ASU as non-responsive and may subject the entire Proposal to disqualification.

Each Proposer may submit only one Proposal. If two or more Proposals are submitted, either in one envelope or in separate envelopes, such multiple Proposals may be subject to disqualification.

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The Proposer may modify a Proposal by means of e-mail communication using company letterhead and executed by a company officer provided such communication is received by the presiding official at the location of the Proposal opening prior to the advertised time set for the receipt of Proposals in the published Proposal request documents. The communication must not reveal the Proposal price but should identify the addition or subtraction or other modification(s) so that the final prices will not be known until the sealed Proposal is opened. If original written confirmation is not received within two (2) working days after the date of the Proposal opening, the

Proposal modification will be ignored and the total Proposal may be disqualified.

Proposers submitting a modification to their proposal shall call the FPC Director to provide notification of an incoming modification.

ASU is not responsible for delays in transmission or delivery, fax machine overload or any machine malfunctions that may cause the modification to be received after advertised time for receipt of Proposals.

A Proposer will not receive compensation for or reimbursement of expenses incurred due to preparations of a Competitive Sealed Proposal submission.

IV. RECEIPT AND OPENING OF PROPOSALS:

Proposals will be publicly opened. All Proposer’s will be revealed and their monetary

Proposals will be read aloud. Any Proposals received after the closing time will be rejected and returned unopened.

ASU may consider informal any Proposal not prepared and submitted in accordance with the provisions herein. ASU may waive any or all formalities and accept or reject any or all Proposals.

Any Proposal may be withdrawn prior to the above scheduled time for the opening of

Proposal or authorized postponement thereof. No Proposer may withdraw a Proposal within 60 calendar days after the actual date of the opening thereof.

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Mailed Proposals may be sent to:

Cody Guins

Executive Director of Facilities Services

Angelo State University

Overnight Mail: Facilities Planning & Construction

1635 Vanderventer

San Angelo, TX 76903

United States Postal Service: Facilities Planning & Construction

ASU Station #10924

San Angelo, TX 76909

PLEASE MARK THE OUTSIDE OF PROPOSAL BOX WITH PROJECT NUMBER

AND NAME OF PROJECT.

ASU will evaluate and rank each Proposal in relation to the published selection criteria within 30 days after the opening of the Proposals.

V. OWNERSHIP OF PROPOSALS AND PUBLIC INFORMATION:

Submitted Proposals, documentation and supporting materials shall become the property of ASU.

ASU considers all Proposal information, documentation and supporting materials submitted in response to this Proposal request to be non-confidential and/or non-proprietary in nature, and therefore, shall be subject to the public disclosure under the

Texas Public Information Act (Texas Government Code, Sec. 552.001, et seq.) after the award of the contract.

The Proposer must identify and designate those portions of their technical Proposal that contain trade secrets or other proprietary data. If the Proposal includes such data, the

Proposer shall:

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Include the following phrase on the cover sheet of the Technical Proposal:

"This Proposal includes data that shall not be disclosed outside The Texas Tech

University System and the Design Professional’s design team and shall not be duplicated, used or disclosed in whole or in part for any purpose other than to evaluate this Proposal."

Include the following phrase on the specific data sheet that the Proposer wishes to restrict with the following phrase:

"Use or disclosure of this specifically marked data is subject to the restrictions regarding confidentiality cited on the cover sheet of this Proposal."

VI. MINIMUM REQUIRED CONSTRUCTION SERVICES:

The Construction Firm will be responsible for all Construction Services including, but not limited to, the following:

A. Project Leadership

1. Utilize expertise to anticipate possible risks that may impact the project’s time, quality, and budget.

2. Project coordination with all consultants involved in the project.

3. Coordination between Owner, Design Professionals, subcontractors, and construction management team.

4. Third Party Coordination to Utility companies, Physical Plant Services, Governmental groups, etc.

B. Construction Services

1. If required, provide full-time, on-site staff to plan, manage, and coordinate on-site construction activities (this includes the management of all self-performed and subcontractor work, and inspection of all work for compliance with the

Construction Documents).

2. Provide support for ASU’s on-site Project Manager and/or inspector, including separate office space, phone, access to a copier, internet access, and other support as may be required by ASU.

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3. If required, prepare written progress reports indicating items such as issues identified, actions taken, and deadlines established.

4. Prepare a detailed CPM construction schedule; prepare a short-term activities plan, and a completion/occupancy schedule.

5. Coordinate construction access to the project and site.

6. Maintain and enforce jobsite security.

7. Coordinate material testing requirements.

8. Implement the Project quality assurance and maintain good quality control.

9. If required, prepare and maintain submittal logs, CM contingency logs, Owner contingency logs, buyout logs and allowance logs.

10. Review testing, inspection and commissioning reports. Resolve deficient work with subcontractor or self-performed work.

11. Monitor, evaluate and administer Change Requests and coordinate ASU and

Design Professional approvals.

12. Institute and administer procedures for shop drawings, mockups, and sample submittals for processing. Review all shop drawings and submittals and take appropriate action prior to forwarding to the Design Professional.

13. Implement procedures to pay subcontractors and suppliers, including preparing a

Schedule of Values and submission of Subcontractor's Sworn Statements and

Waiver's of Lien, and submission of HUB Subcontracting Reports.

14. Assist in the procurement and installation of ASU-purchased equipment and furniture and facilitate ASU in moving in building occupants.

C. Post Construction Services

1. Prepare punch lists, conduct final inspections, and facilitate ASU acceptance and move-in.

2. Provide final cleaning as required for each individual job order request.

3. Provide information to the Owner and the Design Professional for the development of Record Drawings.

4. Provide Post Construction follow-up for the duration of the longest warranty period by a contractor on the project. Review and submit warranty claims of all new systems and equipment.

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5. Prepare Operation & Maintenance, Warranty manuals, and other required close-out documents, and deliver one (1) hardcopy and one (1) electronic copy to ODR at Substantial Completion.

6. Coordinate equipment start-up and training of ASU personnel on new systems and equipment. Ensure Design Professional and Owner’s presence during equipment start-up.

7. Review and assist in analysis of all claims.

8. If required, provide one (1) electronic set of Contractor As-Built Drawings, completed Request for Information forms and one (1) electronic set of Submittals and Shop Drawings.

9. Work with any auditor that may be assigned to the project and provide all requested information in a timely manner.

10. Provide revised HSP based on final pricing.

VII. OTHER RFCSP INFORMATION, TERMS AND CONDITIONS:

A. SITE INVESTIGATION:

It is the responsibility of each Proposer to examine the project site, existing improvements and adjacent property and be familiar with existing conditions before submission of a Proposal.

After investigating the project site and comparing the Contract Documents with the existing conditions, the Proposer should immediately notify ASU of any conditions for which requirements are not clear or about which there is any question regarding the extent of the work involved.

Should the successful Proposer fail to make the required investigations and should a question arise after award of the contract as to the extent of the work involved in any particular case, ASU will make the interpretation of the Contract Documents.

B. METHOD OF PROPOSAL:

All work called for in the Proposal Documents shall be proposed under a fixed sum contract. The successful Proposer shall contract directly with ASU.

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00050 Information to Proposers Page 10 of 13

C. SEPARATION OF CHARGES FOR MATERIALS AND LABOR:

With regard to the status of the Proposer under the Texas Tax Code as a reseller to

ASU of materials to be incorporated into the Work, the contract price shall include the allocation for materials and labor.

D. QUALIFICATIONS OF PROPOSERS:

ASU may make such investigations, as it deems necessary to determine the ability of the Proposers to perform all the work. The Proposers shall furnish to ASU all such information and data for this purpose as ASU may request. ASU reserves the right to reject any Proposal if the evidence submitted by, or the investigation of, the

Proposer fails to satisfy ASU that the Proposer is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

E. PROPOSAL SECURITY (Proposal exceeding $25,000):

Each Proposal must be accompanied by certified check of the Proposer, or a

Proposal / Bid Bond in the amount of 5% of the Proposal. Bonds must be duly executed by the Proposer as principal and having as surety thereon a corporate surety or corporate sureties which are on the approved list of the United States

Department of Treasury (Federal Register Circular 570 - "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring

Companies", Sections 9304 through 9308 of Title 31 of the United States Code, Surety

Companies Acceptable on Federal Bonds). The Surety must also be duly authorized to do business in the State of Texas, acceptable to ASU, and submitted on forms approved by the Attorney General of Texas. Certified Check, Cashier's Check or

Proposal Bond shall be made payable, without condition, to ASU.

F. SECURITY FOR FAITHFUL PAYMENT (Proposals exceeding $25,000):

Payment or Performance Bonds are not required on contracts of $25,000.00 or less unless otherwise stipulated in the Special Conditions.

Simultaneously with the delivery of the executed contract, the Proposer shall furnish surety bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing

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00050 Information to Proposers Page 11 of 13 materials in connection with this contract, as specified in the General Conditions included herein. Each bond shall be executed by a corporate surety or corporate sureties which are on the approved list of the United States Department of Treasury

(Federal Register Circular 570 - "Companies Holding Certificates of Authority as

Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies", sections 9304 through 9308 of Title 31 of the United States Code, Surety

Companies Acceptable on Federal Bonds) and duly authorized to do business in the

State of Texas, and those acceptable to ASU , and submitted on forms approved by the Attorney General of Texas.

The Proposer shall execute the following bonds to ASU: (1) Contracts over $25,000 shall require Payment Bonds in the amount of the total Contract Price, (2) Contracts over $100,000 shall require Performance Bond in the amount of the total Contract

Price.

G. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT:

The successful Proposer, upon the Proposer’s failure or refusal to execute and deliver the contract and bonds required within ten (10) days after the Proposer has received notice of acceptance of this Proposal shall forfeit to ASU, as liquidated damages for such failure or refusal, the Proposal Security, as described in this section, deposited with the Proposal.

H. INSURANCE REQUIREMENTS:

The Proposer shall provide for the insurance coverage as required in Article 5 of the

Uniform General Conditions and Supplementary General Conditions.

The Successful Proposer shall not commence work under the Contract until it has obtained all the insurance required hereunder, with Angelo State University and The

Texas Tech University System as a named insured and certificates of such insurance have been filed with and approved by ASU. Approval of the insurance by

ASU shall not relieve or decrease the liability of the Proposer.

The Proposer shall be responsible for the deductible associated with all Builder’s

Risk claims.

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I. TIME OF COMPLETION AND LIQUIDATED DAMAGES:

The time in The Agreement for the completion of the work is an essential element of

The Agreement. It is mutually agreed that ASU will suffer financial damages in an amount not now possible to ascertain if this work is not completed on schedule, and in view of these facts, it is agreed that ASU will withhold from the successful

Proposer, as liquidated damages and not as a penalty, the sum as designated in the

Proposal for each calendar day that the work remains incomplete beyond the date specified for the completion of the work.

J. HISTORICALLY UNDERUTILIZED BUSINESS (HUB):

The State Purchasing and General Services Act requires state agencies to make a good faith effort to assist Historically Underutilized Businesses. All Proposers shall meet the requirements of The Texas Tech HUB SUBCONTRACTING PROGRAM in

HUB Program of these documents.

All Proposers, including HUB Firms must submit a HUB SUBCONTRACTING PLAN as shown in HUB Program with their Proposal. Any Proposal received without a properly prepared HUB SUBCONTRACTING PLAN will be rejected as a material failure to comply with the requirements of the CSP.

K. ADDENDA AND INTERPRETATIONS:

No oral interpretations of the meaning of the contract documents will be made to any proposer.

Every request for such interpretation should be in writing addressed to the Project

Manager as identified in the RFCSP and, to be given consideration, must be received by the prescribed due date as identified in the RFCSP. Any and all such interpretations and any supplemental instructions, which if issued, will be in the form of written Addenda.

All addenda so issued shall become part of the contract documents.

Each Proposer shall ascertain prior to submitting a Proposal that the Proposer has received all Addenda issued, and the Proposer shall acknowledge their receipt in the

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Proposal. Failure to acknowledge receipt of any or all addenda may result in the disqualification of the Proposal.

L. ACCEPTANCE OF ALTERNATES:

ASU has the right to accept Alternates in any order and/or combination, unless otherwise specifically provided in the Proposal Documents, and to determine the

Proposal amount on the basis of the sum of the Base Proposal and Alternates accepted.

M. OBLIGATION OF PROPOSERS:

At the time of the opening of Proposals, each Proposer shall be presumed to have inspected the site and to have read and to be thoroughly familiar with the contract documents related to this portion of the work. The failure or omission of any

Proposer to examine the site, any form, instrument or document shall in no way relieve the Proposer from any obligation in respect to its Proposal.

N. ELIGIBILITY OF PROPOSERS:

The proposer must certify their affirmations per Attachment A.

O. NOTICE OF SPECIAL CONDITIONS:

Attention is particularly called to those parts of the contract documents and specifications that deal with General Requirements, Special Conditions, Historically

Underutilized Business (HUB) Participation, Insurance Requirements, and

Conditions of Employment to be observed and minimum wage rates to be paid under the Contract.

P. PROPOSERS AFFIRMATION:

NOTICE: Signing the Proposal with a false statement shall constitute a material breach of contract and shall void the submitted Proposal or any resulting contracts, and the Proposer shall be removed from all Proposal lists.

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00065 Proposal Evaluations and Selection Criteria Page 1 of 3

00065 Proposal Evaluations and Selection Criteria (3 pages total)

I. EVALUATION AND CONTRACT AWARD PROCESS:

Angelo State University will use the following procedures as authorized in Section

51.783 of the Texas Education Code to evaluate Competitive Sealed Proposals.

Proposals will be opened publicly to identify the names of the Proposers and their respective proposed contract amounts. Other contents of the Proposals will be afforded security sufficient to preclude disclosure of the contents prior to award or rejection action.

The Director of Facilities Planning and Construction (FP&C) will convene a Proposal

Evaluation Committee (the Committee) for each construction project utilizing the

Competitive Sealed Proposal method of procurement. The Committee will evaluate all submitted Proposals and rank order the Proposals in priority for negotiations.

As soon as possible following the public opening of Proposals, the Committee will meet to conduct a preliminary examination of each Proposal for compliance with the published requirements.

The Committee will conduct thorough discussions and evaluations of all Proposals and may select Proposers for formal interviews by the Committee. Proposers will be notified of the date, time and location of any interviews.

Within forty-five (45) days after publicly opening the Proposals, the Committee will produce a ranking of Proposers in the order of the best value to ASU.

ASU may make an award on the basis of the initially submitted Proposal, without discussion, clarification or modification. At its sole option, ASU may interview any or all

Proposers and discuss cost, schedule, and/or all other elements of the Proposal. Other than the data read at the Proposal opening, ASU shall endeavor not to disclose any information derived from the Proposals submitted by competing firms in conducting such discussions.

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If ASU determines that it is unable to reach a satisfactory agreement with the first ranked Proposer, ASU will terminate negotiations with that Proposer. ASU will then proceed with negotiations with each successive Proposer as they appear in the order of ranking until an agreement is reached, or until ASU has rejected all Proposals. After termination of discussions with any Proposer, ASU will not resume discussions with that

Proposer.

Immediately following ASU 's award of a contract or rejection of all Proposals, the

Proposers will be notified via U.S. mail and/or email message.

ASU reserves the right to accept or reject any or all alternates or to accept any combination of alternates considered advantageous to ASU.

The award or rejection action regarding this Proposal is at the sole discretion of ASU and ASU makes no warranty regarding this Proposal that a contract will be awarded to any Proposer.

ASU agrees that if the Contract is awarded, it will be awarded to the Proposer offering the best value to ASU, based upon the published selection criteria and upon its ranking evaluation. ASU is not bound to accept the lowest priced Proposal if that Proposal is judged not to be the best value for ASU, as determined by ASU.

With few exceptions, an individual is entitled on request to be informed about the information that a state governmental body collects about the individual. The individual is entitled to receive and review the information; the individual is entitled to have a state governmental body correct information about the individual that is incorrect.

PROCUREMENT PROCESS

This CSP complies with all state rules and Angelo State University Policies. Address any questions and/or concerns about the process or awards made from it to:

Wesley Jordan

Construction Project Manager

Angelo State University

Phone: 325.942.2380

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00065 Proposal Evaluations and Selection Criteria Page 3 of 3

II. RFCSP EVALUATION CRITERIA

Under section 51.9335 of the Texas Education Code in determining what is the best value to an institution of higher education, ASU shall consider the purchase price, the reputation of the proposer and of the proposer’s goods or services, the quality of the proposer’s goods or services, the extent to which the goods or services meet ASU’s needs, the proposer’s past relationship with ASU, the impact on the ability of ASU to comply with laws and rules relating the procurement of goods and services, the total long-term cost to ASU of acquiring the proposer’s goods or services, and any other relevant factor that a ASU would consider in selecting a vendor.

ASU will select the Proposer that offers the best value based on the published selection criteria, and best meets the needs for constructing high quality facilities, meeting or exceeding program requirements, on time and within budget.

The selection will be based on the information contained in response to the RFP, any reference checks conducted, personal knowledge of past performance and the information presented during any interviews conducted as part of the selection process.

Specifically, the Selection Committee will review and consider the following:

Points

Available

Proposed Cost 45

Firm and Project Team Qualifications 20

Commitment to Meet the Project Schedule 15

HUB Commitment 10

RFCSP Compliance and Quality 10

TOTAL 100

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00100 Form of Proposal Page 1 of 2

00100 Form of Proposal (2 pages total)

Refer to Section – 00050, Information to Proposer, for instruction on preparing and submitting Competitive Sealed Proposals.

See Attachment A –Proposal Form

BY SUBMITTING A PROPOSAL AND SIGNING THE PROPOSAL FORM THE

SIGNING PARTY AGREES:

A. To enter into a contract with ASU utilizing the Construction Services Agreement

(Attachment B–Sample Construction Service Agreement) within ten (10) days of notification of award.

B. To make a good faith effort to assist Historically Underutilized Businesses to participate in this construction contract as subcontractors or suppliers as outlined in

HUB Program – HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

PARTICIPATION.

C. And understands that the time in the Agreement between ASU and the Proposer for the completion of the work is an essential element of the Agreement. It is mutually agreed that ASU will suffer financial damages in an amount not now possible to ascertain if the work is not completed on schedule, and in view of these facts, it is agreed that ASU will withhold from the successful Proposer, as liquidated damages and not as a penalty the sum of money indicated in this Section per day for each calendar day that the work remains incomplete beyond the date specified as the completion date of the work.

D. That for Proposals exceeding $25,000.00, a five percent (5%) Proposal / Bid Bond, Certified Check or Cashier’s Check payable to ASU, accompanying this Proposal is left in escrow with the Facilities Planning & Construction, ASU, and that its amount is the measure of liquidated damages which ASU will sustain by the failure of the undersigned to execute and deliver the above named Agreement and Bonds, and that if the undersigned defaults in executing the Agreement and/or in furnishing the

Performance and Payment Bonds within ten (10) days of written notification of award

Mall Lighting FP&C # 22-002 RFCSP Page# 24

00100 Form of Proposal Page 2 of 2 of the contract, then the check shall become the property of ASU, or the Proposal

Bond shall become subject to forfeiture to ASU.

E. That ASU shall have the right to accept or reject any or all Proposals, to reject a

Proposal not accompanied by a required Proposal security or by other data required by the Proposal Documents, reject a Proposal that is in any way incomplete or irregular, and to waive any or all formalities.

F. That this Proposal shall be valid and not withdrawn for a period of sixty (60) days from the opening date.

G. That amounts shall be shown in both writing and figures. In case of discrepancy between the written amount and the figure, the written amount shall govern.

H. Certifies the affirmations per Attachment A.

I. That signing this Proposal with a false statement shall constitute a material breach of contract and shall void the submitted Proposal or any resulting contracts, and the

Proposer shall be removed from all Proposal lists.

J. That the Proposer has not given, offered to give, 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

Proposal.

K. That the Proposer has not received compensation for participation in the preparation of the specifications for this invitation for Proposal.

Mall Lighting FP&C # 22-002 RFCSP Page# 25

00101 Proposal Questionnaire Page 1 of 1

00101 Proposal Questionnaire (1 pages total)

I. FIRM EXPERIENCE:

Provide a listing of similar projects, particularly projects at colleges and universities.

Provide information on the scope of work, type of contract (hard bid, Competitive, Sealed Proposals, construction management, design/build, etc.) original contract amount, current/final contract amount, original contract completion date, and current/final completion date. Provide a client reference for each project with a current phone number and/or e-mail address.

II. KEY PERSONNEL:

Provide the names, qualifications, and relevant experience of key project personnel, including the project executive, project manager, project superintendent(s), and other on-site personnel. Identify their role in any on-going projects. Provide client references for each individual, including a current phone number and/or e-mail address.

III. CURRENT WORKLOAD:

Provide a complete listing of the firm’s current construction projects, indicating project scope, cost, duration and the participation, if any, of the key personnel proposed for this project. Provide a current client reference for each project.

IV. FINANCIAL SUFFICIENCY:

Provide the firm’s current bonding limit and amount of that limit currently encumbered.

Provide other evidence of financial sufficiency as appropriate.

V. CLAIMS AND LITIGATION:

Provide the firm’s record of claims and litigation over the past five years. Provide the firms’ EMR for the past three years

Mall Lighting FP&C # 22-002 RFCSP Page# 26

00900 RFCSP Attachments Page 1 of 1

00900 RFCSP Attachments

Attachment A – Proposal Form and Execution of Offer ............................................ 4 pages Attachment B – Sample Construction Service Agreement ........................................ 5 pages Attachment C – 2010 Uniform General Conditions and Supplementary General Conditions dated (TTUS edited 04/28/2021) .................................................. 95 Pages Attachment D – HSP (Historically Underutilized Businesses (HUB) Subcontracting Plan) documents ..................................................................................... 9 Pages Attachment E – Tax Exemption Certificate ................................................................ 1 Page Attachment F – Regional Wage Rate documents ...................................................... 1 Page

Attachment P.1: Project Drawings ............................................................................. 7 pages Attachment P.2: Project Specifications ..................... 217 pages (29 are included in RFCSP)

Mall Lighting FP&C # 22-002 RFCSP Page# 27

01230 Schedule of Allowances Page 1 of 2

DIVISION 01 GENERAL REQUIREMENTS

01230 Schedule of Allowances

(2 pages total)

I. ALLOWANCES

Allowances shall be used only as directed by ASU, and only by prior written approval may any amount to be charged to an allowance.

At time of project close-out, unused amounts remaining in the contingency allowance shall be credited to Owner by change order.

At the earliest practical date after award of the Contract, advise ASU of the date when final selection and purchase of each product or system described by an allowance must be completed to avoid delaying the Work.

II. CASH ALLOWANCES

A cash allowance shall be for materials or work that is known to definitely be required, but which cannot be specified with adequate detail to permit accurate pricing by the

Contractor at the time of the bid call. Such materials or work are describable in general terms and their cost can be estimated. This estimated cost is the specified amount of the cash allowance. When more information subsequently becomes available to permit the materials or work to be more accurately priced, the Owner approves expenditure of the cash allowance amount. A cash allowance excludes any amounts for the

Contractor's overhead and profit on the cash allowance item, which the Contractor is required to carry separately in the Contract Price.

At ASU’s request, obtain proposals for each allowance for use in making final selections. Include recommendations that are relevant to performing the Work.

Purchase products and systems selected by the design professional and/or ASU from the designated supplier.

III. CONTINGENCY ALLOWANCES

A contingency allowance shall be for additional unforeseen work or costs that may, or may not, ultimately be required. Expenditures from a contingency allowance are administered the same as extra cost change orders under the contract, except that the

Mall Lighting FP&C # 22-002 RFCSP Page# 28

01230 Schedule of Allowances Page 1 of 2

Contract Price is not increased as long as unexpended monies remain in the contingency allowance. A contingency allowance includes the Contractor's overhead and profit on expenditures from the contingency allowance.

IV. SCHEDULE OF ALLOWANCES

Contract Allowance Number One (1): Include a contingency allowance of $50000.00 for any work deemed necessary by ASU for the completion of the scope of work shown in the contract documents. This allowance shall not be spent without ASU’s prior written approval.

Contract Allowance Number Two (2): Include a contingency allowance of $5000.00 for replacing mature trees and or shrubs. This allowance shall not be spent without

ASU’s prior written approval.

Contract Allowance Number Three (3): Include a contingency allowance of $50000.00 for potential irrigation system damage. This allowance shall not be spent without ASU’s prior written approval.

Mall Lighting FP&C # 22-002 RFCSP Page# 29

01550 Angelo State University Operating Policies and Procedures Page 1 of 1

01550 Angelo State University Operating Policies and Procedures

All Operating Policies and Procedures can be found in their entirety at http://www.angelo.edu/opmanual/. All contractors are responsible for following these policies as they apply to their contract.