ESBD_File_346083_CSP Jowers Roof Replacement Project-2024.pdf

Competitive Sealed Proposal

Texas State University

Jowers Roof Replacement

CSP # 754- Jowers Roof Replacement Project-2024

Submission Date: January 19th, 2024 @ 2:30 PM Central Time (CT)

Prepared By:

Michael Maldonado- CTCD

Texas State University 601 University

San Marcos, TX 78666 512-245-8488

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 Submissions of Proposals

1.6 Point-Of-Contract

1.7 Owner’s Reservation of Rights

1.8 Acceptance of Evaluation Methodology

1.9 No Reimbursements for Costs

1.10 Pre-Proposal Conference

1.11 Eligible Respondents

1.12 Historically Underutilized Business

Submittal Requirements

1.13 Certain Proposal and Contract

Prohibited

1.14 Sales and Use Taxes

1.15 Certification of Franchise Tax Status

1.16 Required Notices of Worker’s

Compensation Insurance Coverage

1.17 Insurance Requirements

1.18 Payment and Performance Bonds

1.19 Prevailing Wage Rate Determination

1.20 Delinquency in Paying Child Support

1.21 Group Purchasing Authority

1.22 Parking Permit Requirements

1.23 Nondiscrimination

1.24 Contract Administration

1.25 Miscellaneous

Section 2 – Executive Summary

2. 1 Historical Background

2. 2 Mission Statement

2. 3 Project Description and Scope

Section 3 – Requirement for Competitive Sealed Proposal

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 Texas

State University- San Marcos, State-Funded or Major Institutions of Higher Education Projects

3.5 Respondent’s Project Planning and

Scheduling for This Project

3.6 Respondent’s Quality Control and

Commissioning Program for this Project

3.7 Respondent’s Project Safety Program for

This Project

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

Section 6- Respondent’s Pricing and Delivery

6.1 Base Proposal Cost

6.2 Construction Milestone Schedule

6.3 CSP Addenda

6.4 Payment and Performance Bonds

6.5 Award of Contract and Commencement of

Work

Section 7- Proposal/ Respondent’s Execution of Offer

REQUEST FOR COMPETITIVE SEALED PROPOSALS

San Marcos, Texas

CSP No.: 754- Jowers Roof Replacement Project-2024

SECTION 1 – GENERAL INFORMATION AND REQUIREMENTS

1.1 GENERAL INFORMATION: Texas State University (“Owner”) is soliciting Competitive Sealed Proposals

(“Proposals”) for selection of a General Contractor firm to replace the Jowers Roof located on the University campus in San Marcos (“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 (“CSP”) is the only step for selecting a General

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

1.1.2 The Respondent selected for award of any Contract resulting from this Solicitation will be the Respondent whose Proposal is judged most advantageous and the Best Value to the University.

The University is not bound to accept the lowest priced Proposal, if that Proposal is not in the best interest of the University or not judges as “best value”, as determined solely by the University.

1.2 PUBLIC INFORMATION: All information, documentation, and other material 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 statues, court decisions, and opinions of the Texas Attorney

General with respect to disclosure of CSP information.

1.3 TYPE OF CONTRACT: Any contract resulting from this solicitation will be in the form of the Owner’s Standard General Contractor Agreement. Exhibit C is attached to this CSP to provide a sample of this Agreement.

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 and interpretations of this CSP 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 CSP, and respondents shall acknowledge receipt of each Addendum to the CSP and/or the Bid Document in its Proposal.

1.4.1 ADDENDA, IF REQUIRDED, WILL BE ISSUED BY TEXAS STATE UNIVERSITY- SAN MARCOS FOR THIS

CSP VIA THE ELECTIRONIC BUSINESS DAILY WEBSITE AT: http://www.txsmartbuy.com/sp. THE http://www.txsmartbuy.com/sp

PROJECT ARCHITECT/ENGINEER WILL DISTRUBUTE THE OWNER’S ADDENDA FOR THE BID

DOCUMENT VIA THE PLAN ROOMS LISTED IN SECTION 5 BELOW.

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 Specifications shall be communicated in writing to the University contract for interpretation. Any interpretations made will be in the form of an Addendum posted on ESBD website 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 Specifications issued by Addenda five (5) calendar days prior to the submittal deadline. Interpretations or clarification in any other form, including oral statements, will not be binding on the Owner and should not be relied on in preparing Proposals.

1.4.4 If Respondent takes exception to any terms or conditions set forth in the Sample Agreement, Respondent will submit a written list of the exceptions prior to the solicitation deadlines.

1.5 SUBMISSION OF PROPOSALS:

1.5.1 BASE PROPOSAL, ALTERNATES (if applicable) AND QUALIFICATIONS DEADLINE, AND LOCATION:

The Owner will receive Base Proposals, Alternates (if applicable) and Qualification for CSP No.

754-Jowers Roof Replacement Project-2024 at the time and location described below.

The Proposal must be packaged in a separate, sealed package different from the Statement of

Qualifications package. Mark both envelopes on their exterior so that they can be identified without opening (who the Offeror is and whether it is the Proposal or the Qualifications).

INCLUDE THE NAME AND EMAIL ADDRESS OF THE PERSON TO BE CONTACTED FOR CSP

NOTIFICATION.

DEADLINE TO RECEIVE SUBMITTALS: January 19th, 2024 @ 2:30 PM Central Time (CT)

Note: Proposals received after the above date and time will be rejected.

Mail, Courier or Hand Deliver Proposal to:

Texas State University ATTN: Michael Maldonado Office of Facilities Procurement & Contracting 151-4 East Sessom, Facilities Warehouse Bldg., Room 110 San Marcos, TX 78666-4616

1.5.2 Properly submitted Proposals will be opened publicly and read aloud pursuant to section 51.782 of the Texas Education Code after the HUB Subcontracting Plans are received and confirmed by the Owner. These readings will be conducted at Texas State University office conference room located at:

ATTN: Michael Maldonado

Office of Facilities Procurement & Contracting 151-4 East Sessom, Facilities Warehouse Bldg., Room 110

San Marcos, TX 78666-4616

1.5.2.1 Submit one (1) copy of the Base Proposal and Alternate (if applicable)

1.5.2.2 Submit one (1) copy of the Qualifications.

1.5.2.3 Submit one (1) complete electronic copy (i.e., Qualifications, HUB Plan, Base Proposal/Alternate) on USB Flash Drive.

1.5.2.4 An original signature shall be included on the copy of the Execution of Offer.

1.5.3 HUB SUBCONTRACTION PLAN DEADLINE AND LOCATION: The Owner will receive HUB Subcontracting Plans on the same date and time as indicated in 1.5.1 above.

1.5.3.1 Submit one (1) copy of the HUB Subcontracting Plan as separate attachments to the Proposals as described in Section 1.12.

1.5.4 Base Proposals, Alternates, and Qualifications of 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.

1.5.5 The Owner will not acknowledge or receive Base Proposals, Alternates, Qualifications or HUB

Subcontracting Plans that are delivered by telephone, facsimile (fax), or electronic email (e-mail).

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

1.5.7 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 identified in Section 1.6; the package must clearly identify the submittal deadline, the CSP Number, and the name and return address of the Respondent.

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

All inquiries regarding this CSP must be made in writing. Responses to all inquiries will be answered through the issuance of addenda by the Owner.

Buyer Name: Michael Maldonado Title: Buyer III Address: 151-4 East Sessom, Facilities Warehouse Bldg., Room 110 City, State, Zip Code: San Marcos, TX 78666 Phone Number: 512-245-8488 Email Address: mm87@txstate.edu

1.7 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 the CSP for any project and no such representation is intended or should be constructed by the issuance of this CSP.

1.7.1 If less than three proposals are received, Owner may elect to accept these proposals, extend the submittal date, or reject the responses and reissue the solicitation.

1.8 ACCEPTANCE OF EVALUTION METHODOLOGY: By submitting a Proposal in response to this CSP, the

Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” Respondent will require subjective judgments by the Owner.

1.8.1 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.

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

1.10 PRE-PROPOSAL CONFERENCE: A mandatory pre-proposal conference will be held at the time and location described below.

January 4th, 2024 @ 9:30 AM Central Time

Texas State University 151-4 East Sessom Facilities Warehouse Bldg – Conference Room San Marcos, Texas 78666

A guided tour of the Jowers Roof will be included as part of the conference agenda. This may be the only opportunity for potential respondents to view the Project site(s) before the submittal of Proposals.

1.11 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.

1.12 HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITTAL REQUIREMENTS: It is the policy of Texas State University and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUB) in all contracts.

Accordingly, has adopted Exhibit H, 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. For additional information regarding any aspect of the University’s HUB Outreach Program, contact HUB Specialist at

(512) 245-2521 or HUB@txstate.edu. If Texas State University determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the Proposals.

Failure to submit a required HUB Subcontracting Plan will result in rejection of the Proposals.

1.12.1 STATEMENT OF PROBABILITY: Texas State 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 in accordance with the Texas State University Policy on Utilization of Historically Underutilized Businesses (HUB), Exhibit H.

1.12.2 Refer to Exhibit H, Policy on Utilization, Historically Underutilized Business and the Summary of Requirements for a detailed list of attachments required with the Proposals.

1.13 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.

1.14 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 the Texas State 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.”

1.15 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 agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

1.16 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, mailto:HUB@txstate.edu

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.

1.17 INSURANCE REQUIREMENTS: Insurance requirements are provided in the Owner’s Standard Contractor Contract as denoted in Article 1.3 of this CSP.

1.18 PAYMENT AND PERFORMANCE BONDS: The successful Respondent agrees to execute the Payment and Performance Bonds within ten (10) calendar days, in the amount of one hundred percent (100%) of the contract price, after notification that the offeror has been identified by the Owner as the Respondent with the “best value” Proposal.

1.19 PREVAILING MINIMUM WAGE RATE DETERMINATION: Respondents are advised that the Texas Prevailing Wage Law will be administered in accordance with the policies and procedures set forth in the document, titled https://sam.gov/content/wage-determinations. The penalty for violation of prevailing wage rates has been increased from $10.00 per underpaid worker per day or portion thereof to $60.00.

1.20 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.

1.21 GROUP PURCHASING AUTHORITY: Texas law authorizes institutions of higher education (defined by Section 61.003, Education Code) to use the group purchasing procurement method (ref. Sections 51.9335, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Respondent(s) under this CSP.

1.22 PARKING PERMIT REQUIREMENTS: There is no free parking on any Texas State University campus. The successful Respondent will be required to purchase a parking pass for each vehicle that is parked on campus.

1.22.1 Non-construction related parking: May purchase red restricted permits that will allow a broader range of parking places. Perimeter parking permits may also be purchased. However, perimeter-parking places are generally off-campus. There are two fee-based parking garages on campus located at 405 N. Edward Gary Street and at 704 Gaillardia Street.

1.22.2 Construction related parking: Construction related vehicles may be able to park inside the fenced staging areas, even though that space is not intended for parking use, but area will be limited to one to four spaces and be set aside for the Job Superintendent and other essential personnel.

The Job Superintendent will provide the authorization for utilizing this space. A dashboard permit will be provided to vehicles that are approved to park inside the staging fence at no charge. This permit must be always displayed when parking inside the staging fence. Vehicles parked outside the prearranged staging area may be subject to ticketing, immobilization (booting) and towing at the vehicle owner’s expense.

1.22.3 All other personnel must purchase perimeter permits and park in lot P/AZ 10W (Bobcat Stadium West) and be transported to the worksite. Permits must be displayed in all vehicles to legally park on campus.

https://sam.gov/content/wage-determinations

1.22.4 For a parking map, permit types and associated costs, please visit the following link:

http://www.parking.txstate.edu/

1.23 NONDISCRIMINATION: In their execution of any resulting agreement, all contractors, subcontractors, their respective employees, and others acting by or through them shall comply with all federal and state policies and laws prohibiting discrimination, harassment, and sexual misconduct. Any breach of this covenant may result in termination of the agreement.

1.24 CONTRACT ADMINISTRATION: The University will monitor the successful Respondent’s progress and performance and ensure services conform to the established specifications and requirements. At the conclusion of each project or contract term, the University will complete a Contractor/Vendor Evaluation (see Exhibit D). The evaluation is based on assessment of the output and outcome measures and compliance with the terms and conditions of the Contract. Contract monitoring and performance evaluations will be performed by the Owner’s Contract Administrator or the Contract Manager.

1.25 MISCELLANEOUS:

1.25.1 Complete the “Respondent’s Pricing and Delivery Proposal,” “Respondent’s Execution of Offer for CSP No.: 754- Jowers Roof Replacement Project-2024”, and “ HUB Subcontracting Plan (HSP)” included with the Bidding Documents.

1.25.2 Performance shall be considered begun upon acknowledgement of the contract award and the furnishing of all required insurance coverage and bonding.

1.25.3 If Texas State University has not made an award within ninety (90) calendar days after proposals are received, Respondents may withdraw their proposals without prejudice, however, Respondents have the option to extend the time in which their proposals will be honored after this ninety (90) day period.

SECTION 2 – EXECUTIVE SUMMARY

2.1 HISTORICAL BACKGROUND: Beginning in 1886, San Marcos hosted a Summer Normal Institute where educators gathered to study and earn advanced certification. Those who came to San Marcos for study saw its promise as a site for a permanent Normal School to serve teachers in South Texas and in December 1892, they petitioned the Legislature for such a designation. Work on the Main Building began in 1902 and the Normal School was ready for 303 students and 17 faculty members when Southwest Texas State Normal School opened in 1903. Over the years, the Texas Legislature broadened the institution’s scope and changed its name successively to Southwest Texas State Normal College, Southwest Texas State Teacher’s College, and Southwest Texas State College and, in 1969, Southwest Texas State University. Finally, in 2003 the name was changed to Texas State University. In a little over 100 years, the University changed from being little more than a High School into a prominent institution with 115 undergraduate, 84 masters and 6 PHD Degree programs. For current formation on Texas State University, please visit our website at https://www.txst.edu/about.html

2.2 MISSION STATEMENT: Texas State University is a doctoral-granting, student-centered institution dedicated to excellence and innovation in teaching, research, including creative expression, and service. The university strives to create new knowledge, to embrace a diversity of people and ideas, to foster cultural and economic development, and to prepare its graduates to participate fully and freely as citizens of Texas, the nation, and the world.

http://www.parking.txstate.edu/ https://www.txst.edu/about.html

2.3 PROJECT DESCRIPTION AND SCOPE: The University seeks to obtain proposals to replace the Roof on

Jowers. This project will involve multiple types and applications including but not limited to the detailed scope of work. (See Exhibit A)

SECTION 3 – REQUIREMENTS FOR COMPETITIVE SEALED PROPOSALS

EVALUATION OF PROPOSALS: Evaluation of the Proposals shall be based on the requirements described in this Solicitation. All properly prepared and submitted Proposals shall be reviewed, evaluated, and ranked by the University. University, at its sole discretion, may make the selection on the basis of Proposals initially submitted without discussion, clarification, or modification. In the alternative, University may choose to make a selection based on negotiations. Proposals shall be evaluated based on the weights assigned below to the criterion:

Qualifications Proposal = 60 % Cost Proposal = 40 %

Total = 100 %

Respondents shall carefully read the information contained in the following criteria and submit a complete statement of Qualifications to all questions in Section 3 formatted as directed in Section 4. Incomplete Qualifications will be considered non-responsive and subject to rejection.

3.1 CRITERION 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;

Bonding

• Total bonding capacity;

• Available bonding capacity and current backlog;

3.1.2 State whether 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.

3.1.3 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.

3.1.4 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 CRITERION 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 the city of residence of each such person. Include as applicable Project Managers, Superintendents, Assistant Project Managers and Superintendents, Expeditors, Project Scheduler, Quality Control Inspectors, Safety Coordinator/ Assistant, Carpenter Foreman, and Labor Foreman.

3.2.2 For 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.

3.2.4 Provide the contractor office location from which the assigned team will be mobilized and its relative distance to the Texas State University campus.

3.3 CRITERION 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 three (3) years. List the projects in order of priority, with the most relevant project listed first. DO NOT list Texas State University or TSUS related projects. Provide the following information for each project listed:

• Project name, location, contract delivery method, and description

• Color images (photographic or machine reproductions)

• Original and final construction cost

• Final project size in gross square feet

• Type of construction (new, renovation, or expansion)

• Dates of the Actual Notice To Proceed, Original Substantial Completion, Actual 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)

3.3.2 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.

3.3.3 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 CSP process.

3.4 CRITERION FOUR: RESPONDENT’S PAST PERFORMANCE ON TEXAS STATE UNIVERSITY, STATE-FUNDED

PROJECTS OR MAJOR INSTITUTIONS OF HIGHER EDUCATION

3.4.1 Identify and describe the Construction Team’s past experiences for providing Construction Services on Texas State University projects and/or any other state funded projects or “major” institutions of higher education within the last five (5) years.

If the respondent has not previously provided Construction Services for the Texas State University System, then identify and describe the respondent’s past performance on Construction projects for “major” institutions of higher education (or similar) within the last five

(5) years. Projects may repeat with section 3.3 above.

Provide the following information for each project listed:

• Project name, location, contract delivery method, and description

• Color images (photographic or machine reproductions)

• Original and final construction cost

• Final project size in gross square feet

• Type of construction (new, renovation, or expansion)

• Dates of the Actual Notice To Proceed, Original Substantial Completion, Actual 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)

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

3.5.1 Provide a CPM Milestone schedule for this Project using the Project Planning Schedule and identify specific critical process, phases, milestones, approvals, and procurements anticipated.

Clearly identify the 10% Total Project Float required during the Construction Phase.

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

3.5.3 Describe your approach to assuring timely completion of this project, including methods for schedule recovery, if necessary. From any three (3) of the projects listed in response to Section

3.3 or 3.4 of this CSP, provide examples of how these techniques were used, including specific scheduling challenges/ requirements and actual solutions.

3.6 CRITERION 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 used from any of the projects listed in response to Section 3.3 or 3.4 of this CSP.

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

3.6.3 Provide your Experience Modification Rate (EMR) for the past five (5) years.

3.6.4 Provide any certifications such as but not limited to ISO 9001-2000.

3.6.5 Provide any safety awards given to your firm by recognized industry associations in the past five

(5) years.

3.6.6 Describe all commissioning processes that your firm will provide as basic services for the Project.

3.7 CRITERION 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.

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. 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 FIFTY (50) PRINTED PAGES (Not including the HUB

Subcontracting Plan). The cover, table of contents, divider sheets, HUB Subcontracting Plan (Section 1.12), and 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, and 3) HUB Subcontracting Plan.

4.1.3 Respondents shall carefully read the information contained in this CSP 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

CSP shall become the property of the Owner.

4.1.5 Proposals that are qualified with conditional clauses, alteration, items not called for in the CSP 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 result of this

CSP. 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 CSP when deemed to be in Owner’s best interest.

4.1.7 Qualifications shall consist of answers to questions identified in Section 3 of the CSP. It is not necessary to repeat the question in the Qualifications; 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 staple. DO NOT USE METAL-RING HARD COVER BINDERS.

4.2.2 Additional attachments shall NOT be included with the Proposals.

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

4.3 TABLE OF CONTENTS:

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

4.4 PAGINATION:

4.4.1 Number all pages of the submittal sequential 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 (Exhibit ‘H’), 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.

SECTION 6- REPSPONDENT’S PRICING AND DELIVERY PROPOSAL

CSP No.: 754- Jowers Roof Replacement Project-2024

Project Name: Jowers Roof Replacement

From: Respondent’s Name: ______________________________________________________

Mailing Address: _________________________________________________________

City, State, Zip Code: ______________________________________________________

Phone Number: __________________________________________________________

To: Michael Maldonado, Buyer III Facilities Procurement & Contracting

San Marcos, Texas

Having carefully examined the 2015 Uniform General Conditions for Construction Contracts (UGC), the Plans and Specifications and addenda thereto , as prepared by the Project Architect/Engineer on this Project, as well as the premises and all the conditions affection the work, the undersigned proposes to furnish all labor, materials, and equipment necessary to achieve Substantial Completion of the work in accordance with the Contract Document for the following sum (Amount shall be shown in both written and figure form. In case of discrepancy between the written and the figure, the written amount will always govern)

6.1 BASE PROPOSAL COST:

BASE PROPOSAL COST: $___________________

BONDING COST: $___________________

TOTAL DOLLARS $___________________

ALTERNATE PROPOSALS: The Owner reserves the right to accept or reject any Alternate Proposals in the order of its choice. The following amounts may be added to, or deducted from, the Base Proposal Cost identified above.

*NOTE: Amount shall be shown in both written and figure form. In case of discrepancy between the written amount and the figure, the written amount will govern.

6.2 CONSTRUCTION MILESTONE SCHEDULE: The undersigned agrees, if awarded the contract, to achieve Substantial Completion of the Work as described in the UGC, the plans and specifications and addenda thereto.

6.2.1 Mandatory Pre-Proposal Conference January 4th, 2024 @9:30 AM CT

151-4 East Sessom, Facilities Warehouse Bldg Conference Room

**Attendees are encouraged to park in a fee-based parking garage to avoid being ticketed. **

6.2.2 Deadline for Questions January 12th, 2024 @5:00 PM CT

6.2.3 Submittal deadline January 19th, 2024 @2:30 PM CT

6.2.4 Request for “Best and Final Offer” (BAFO), if necessary TBD

6.2.5 Execute CSP Contract TBD

6.2.6 Construction Scheduled Start Date TBD

6.2.8 Target Construction Completion Date TBD

6.3 CSP ADDENDA:

Receipt is hereby acknowledged of the following addenda issued for this Request for Proposals- initial if applicable.

CSP No. 1 ____ CSP No. 2____ CSP No. 3____ CSP No. 4____ CSP No. 5____

6.4 PAYMENT AND PERFORMANCE BONDS: The undersigned agrees to execute the Payment and Performance Bonds within ten (10) calendar days, in the amount of one hundred percent (100%) of the contract price, after notification that the offeror has been identified by the Owner as the Respondent with the “best value” Proposal. The bonds shall be in the full contract amount.

6.5 AWARD OF CONTRACT AND COMMENCEMENT OF WORK: The Owner reserves the right to accept or reject any and all Proposals and to waive proposal irregularities. Proposals shall remain valid and shall not be withdrawn for a period of ninety (90) days from the date of opening thereof. The undersigned agrees to execute the Contract within ten (10) calendar days after notification that the undersigned has been identified by the Owner as the Respondent with the “best value” Proposal, and to commence work on or before the commencement date stated by the Owner in a Notice to Proceed; such commencement date shall be ten (10) or more calendar days after the date of the Notice to Proceed. In addition, the undersigned agrees to execute and deliver to the Owner a Certification of Franchise Tax Payment and further agrees to obtain from each subcontractor and supplier and hold for redelivery to the Owner if requested a certification of franchise tax status of such subcontractor or supplier.

6.5.1 The Respondent must complete, sign and return this Pricing and Delivery Proposal 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: _______________________________________________

Respondent’s State of Texas Tax Account No.: __________________________ (This 11 digit number is mandatory)

If a Corporation:

Respondent’s State of Incorporation: ______________________________

Respondent’s Charter No.: _______________________________________

Identify each person who owns at least 25% of the Respondent’s business entity by name:

(Name)

(Name)

(Name)

(Name)

Submitted and certified by:

(Respondent’s Name) (Title)

(Street Address) (Telephone Number)

(City, State, Zip Code)

(Authorized Signature) (Date)

(Email Address) required for CSP Notification (Date)

SECTION 7 RESPONDENT’S EXECUTION OF OFFER:

CSP NO. 754- Jowers Roof Replacement Project-2024

(See additional signature lines at end of this section)

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.

7.1 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.

7.2 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.

7.3 By signature hereon, Respondent affirms that he 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 Proposals.

7.4 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.

7.5 By signature hereon, the Respondent hereby certifies that neither the Respondent nor the 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.

7.6 By signature hereon, Respondent represents and warrants that:

7.6.1 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;

7.6.2 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.

7.6.3 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;

7.6.4 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 Contract under which Respondent will be required to operate;

7.6.5 Respondent, if selected by the Owner, will maintain insurance as required by the Contract;

7.6.6 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.

7.7 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 Proposals.

7.8 By signature hereon, Respondent certifies that if a Texas address is shown as the address of the

Respondent, Respondent qualifies as a Texas bidder as defined in 34 TAC 20.32(68).

7.9 By signature hereon, Respondent certifies as follows:

7.9.1 “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.”

7.9.2 “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.”

7.9.3 “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.”

7.10 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 any Texas State University component, or Respondent has not been an employee of any Texas State

University component within the immediate twelve (12) months prior to your Request For Competitive Sealed Proposals response. All such disclosures ill be subject to administrative review and approval prior to the Owner entering into any contract with Respondent.

7.11 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).

7.12 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.

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

7.14 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 or 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.

7.15 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.

7.16 By signature hereon, Respondent certifies that no member of Texas State University, or the Executive

Officers of the Texas State University System or its component institutions, has a financial interest, directly or indirectly, in the transaction that is the subject of the contract.

7.17 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)

Attachments:

Exhibit A Scope of Work Exhibit C Sample Contract Exhibit D Contractor Performance Evaluation Exhibit E Drawings Exhibit H HUB Subcontracting Plan (HSP)