ESBD_File_350872_RFCSP752-24-983CS UNT DATCU Stadium Chairback Seating.pdf

Request for Competitive

Sealed Proposals

UNT DATCU STADIUM

CHAIRBACK SEATING

RFCSP752-24-983CS

TABLE OF CONTENTS

Document#

001100 Advertisement for Proposals Project Description Questions Pre-Proposal Meeting Site Visit Bid Documents Historically Underutilized Business (HUB)

002100 Instruction to Proposers Pre-Proposal Meeting Project Proposed Schedule General Requirements Submission and Withdrawal of Proposals Evaluation Award Process

004100 Proposal Form CSP Base Bid Alternate Bids Payment Terms Sales Tax Insurance Time of Completion Liquated Damages Bond Addenda Qualifications Acknowledgment Signature Page Attachment A – Qualifications Attachment B - Sample General Construction Contract Exhibit A DATCU Stadium CAD Exhibit B Chairback Seating Matrix Exhibit C Section Images Exhibit D Bleacher Bracket (a) Exhibit E Bleacher Bracket (b) Exhibit F Tread Diagram Exhibit G Toyota Stadium Exhibit H Standing Room Matrix

006000 Project Forms Payment Bond Form Performance Bond Form Historically Underutilized Business (HUB) Subcontracting Plan UNTS Uniform General Conditions 2022, Amended

ISSUE DATE

February 15, 2023

UNT DATCU Stadium-Chairback Seating 001100 - 1 Project: UNT Seating Project Prepared By: UNT ADVERTISEMENT FOR COMPETITIVE SEALED PROPOSAL

DOCUMENT 001100

ADVERTISEMENT FOR COMPETITIVE SEALED PROPOSAL

University of North Texas DATCU Stadium-Chairback Seating Response due: March 15, 2024, at 2:00 PM CST HUB Plan due: March 18, 2024, at 2:00 PM CST Date of Virtual Opening: March 21, 2024, at 2:00 PM CST

In accordance with Education Code 51.783, the University of North Texas (UNT), subsequently referred to as Owner, is accepting proposals and intends to enter into an agreement with a vendor that specializes in General Construction in accordance with the terms and conditions and requirements set forth in this RFCSP. Sealed proposals for RFCSP752-24-983CS will be received by the Owner electronically through Jaggaer link provided below.

Proposals will be received up to 2:00 p.m. CST on March 15, 2024. HUB Sub-contracting Plans must be received up to 2:00 p.m. CST on March 18, 2024. Proposals received after the date and hour above stated will not receive consideration. Proposals will then be virtually opened and read aloud promptly at 2:00 p.m. CST on March 21, 2024, via Teams meeting:

Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 294 814 286 013 Passcode: hrWdr8 Download Teams | Join on the web Or call in (audio only) +1 940-304-2772,,718455012# United States, Denton Phone Conference ID: 718 455 012# Find a local number | Reset PIN Learn More | Meeting options

Project Description

This project contains two scopes of work, the first scope is to provide the removal of existing aluminum bleachers in specific sections and install new chairback seats in DATCU Stadium. The second scope of work is to remove seating in specific sections to create a standing room only experience. It is the intent of UNT Athletics to have the project completed by July 15, 2024.

As a respondent to this Request for Proposal (RFP), opinions regarding the physical installation of your product as well as any contribution toward the refinement of designs for the seating upgrade shall be considered valuable and welcomed. All vendors responding to this RFP are responsible for field verifying all measurements and understanding of existing site characteristics.

Questions

Questions concerning this proposal should be directed to:

Carrie Stoeckert Senior Construction Contract Coordinator University of North Texas System Strategic Infrastructure, Planning & Construction

Carrie.stoeckert@untsystem.edu

All questions must be received no later than 2:00 p.m. CST on March 4, 2024. All questions and answers will be posted to the website by 5:00 p.m. CST on March 6, 2024.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGVlNzQ3OTItNzI3Yi00ZWUxLWJjYWMtOTdkZTUwZWYyZDYz%40thread.v2/0?context=%7b%22Tid%22%3a%2270de1992-07c6-480f-a318-a1afcba03983%22%2c%22Oid%22%3a%223875f742-7342-4801-b8e7-bcc4d92b3b67%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+19403042772,,718455012# https://dialin.teams.microsoft.com/ed4f9d76-3149-4a59-8bea-f677c7582955?id=718455012 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=3875f742-7342-4801-b8e7-bcc4d92b3b67&tenantId=70de1992-07c6-480f-a318-a1afcba03983&threadId=19_meeting_MGVlNzQ3OTItNzI3Yi00ZWUxLWJjYWMtOTdkZTUwZWYyZDYz@thread.v2&messageId=0&language=en-US mailto:Carrie.stoeckert@untsystem.edu

February 15, 2023

UNT DATCU Stadium-Chairback Seating 001100 - 1 Project: UNT Seating Project Prepared By: UNT ADVERTISEMENT FOR COMPETITIVE SEALED PROPOSAL

The Owner may in its sole discretion respond in writing to questions concerning this Proposal. Only the Owner’s responses made by formal written Addendum to this Proposal shall be binding and shall be posted on the UNT System’s website located at https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php . Oral or other written interpretations or clarifications shall be without legal effect.

Pre-Proposal Meeting

The pre-proposal meeting will be held at 10:00 a.m. CST on February 22, 2024. The pre-proposal meeting will be held at:

DATCU Stadium HUB Club 1251 S. Bonnie Brae St.

Denton, Tx 76205

The HUB Club is located on the 3rd Floor of DATCU Stadium and can be accessed through the north entrance to the stadium at Gate 2. Parking will be available in the Green Lot and accessed from Bonnie Brae or from the I-35 Southbound frontage road entrance through the Black Lot.

Site Visit: Site visit will be conducted on February 22, 2024, immediately following the pre-proposal meeting. This will be the only site visit conducted.

Bid Documents

Proposers may obtain or access plans, specifications, and addenda for this project through the following sources:

Online - Proposers can view bid documents at Electronic State Business Daily (http://www.txsmartbuy.com/sp), at the UNT System website at https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php and the UNTS Jaggaer website: https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS .

Plan Rooms with bid documents on file include: McGraw-Hill Construction Plan Center (Irving), ABC Plan Room (Irving), DFW Minority (Dallas), AGC TEXO and iSqFt Plan Room (Dallas). Contact information for the plan rooms can be found at http://www.untsystem.edu/unt-plan-rooms.

Historically Underutilized Business (HUB)

In accordance with Texas Government Code 2161, RFCSP for contracts with an expected value of $100,000 or more will require HUB Subcontracting Plan. All subcontracted work whether identified by the Owner or not, are required to be identified in the HUB Subcontracting Plan. The Plan should reflect all subcontracting opportunities to be utilized in this project and can be found online at (http://www.window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan--allfms.pdf). Complete, print, sign and submit the HUB Subcontracting Plan form with the proposal response.

Only RFCSP responses with approved HUB Subcontracting Plans will be opened. Please submit the HUB Subcontracting Plan as a separate pdf document, separate from your RFCSP electronic response through the UNTS Jaggaer link provided above.

Questions regarding the completion of the HUB Subcontracting Plan should be directed to Sony Simon or Rosa Violante at 940-369-5500 or hub@untsystem.edu .

The Owner is not bound to accept the lowest priced offer if that offer is not in its best interest, as determined by the Owner. The Owner reserves the right to: (a) enter into agreements or other contractual arrangements for all or any portion of the Scope of Work set forth in this Proposal with one or more respondents; (b) reject any and all offers and re-solicit offers; or (c) reject any and all offers and temporarily or permanently abandon this procurement, if deemed to be in the best interest of the Owner.

END OF SECTION

https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php http://www.txsmartbuy.com/sp https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS http://www.untsystem.edu/unt-plan-rooms http://www.window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan--allfms.pdf http://www.window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan--allfms.pdf mailto:hub@untsystem.edu

February 15, 2024

UNT DATCU Stadium-Chairback Seating 002100 – INSTRUCTIONS FOR PROPOSAL Project: UNT Seating Project Prepared By: UNT

DOCUMENT 002100

INSTRUCTIONS FOR PROPOSAL

University of North Texas (UNT), subsequently referred to as the Owner, is accepting sealed proposals from contractors for a General Construction project, pursuant to Sec. 51.783, Texas Education Code, in accordance with the terms and conditions and requirements set forth in this Request for Competitive Sealed Proposal (RFCSP).

1. PRE-PROPOSAL MEETING:

A pre-proposal meeting will be conducted to answer any questions regarding the scope of the project and the submission of the HUB Subcontracting Plan. Attendance is not mandatory but highly recommended. The pre-proposal meeting will be held at:

February 22, 2024, at 10:00 a.m. CST DATCU Stadium HUB Club 1251 S. Bonnie Brae St.

Denton, Tx 76205

HUB Club is located on the 3rd Floor of DATCU Stadium and can be accessed through the north entrance to the stadium at Gate 2. Parking will be available in the Green Lot and accessed from Bonnie Brae or from the I-35 Southbound frontage road entrance through the Black Lot.

2. SITE VISIT:

A site visit will be conducted on February 22, 2024, immediately following the pre-proposal meeting. This will be the only time available to view the site, no other site visit will be allowed. Site visit will be at UNT University Union, located at Denton, Texas.

3. PROJECT PROPOSED SCHEDULE

February 15, 2024 Issue RFCSP February 22, 2024 10:00 a.m. Pre-Proposal Conference/Site Visit March 4, 2024 2:00 p.m. Deadline for Submission of Questions March 6, 2024 5:00 p.m. Responses to Questions Post on Website March 15, 2024 2:00 p.m. Deadline for Submission of Proposal March 18, 2024 2:00 p.m. Deadline for HUB Sub-Contracting Plan March 21, 2024 2:00 p.m. Public Opening - Virtual March 2024 Formal Contract Award Notification March/April 2024 Agreement Authorized March/April 2024 Anticipated Notice to Proceed

4. GENERAL REQUIREMENTS

3.1 Pricing

Your proposal must include all labor, material, equipment, and services necessary to complete the work required by the construction documents. Pricing reflects the full Scope of Work defined herein; inclusive of all associated cost for delivery, labor, insurance, taxes, overhead and profit, or as otherwise defined, as appropriate. The Contractor shall base their base proposal price on the set of 100 percent Construction Documents and Specification. Contractor must complete Division 00, Section 004100, Proposal Form.

Proposal must also include all alternates.

Your proposal must include all components of the proposed solution separately and by Section including cost of demo and removal, pricing of seating options, installation costs and freight charges. Your submittal should include all pertinent product descriptions, specifications, and any corporate profiling you feel should be presented to the University of North Texas. UNT reserves the right to award all or part of the RFP and choose options that best fit our budgetary constraints. Below are scopes that are needing for pricing:

UNT DATCU Stadium-Chairback Seating 002100 – INSTRUCTIONS FOR PROPOSAL Project: UNT Seating Project Prepared By: UNT

Scope #1: Chairback Replacement:

The sections, rows and seats listed below are those UNT is seeking options on replacing current bleachers with chairback seats.

• Section 104 – 364 seats (row 1-13)

• Section 105 – 364 seats (row 1-13)

• Section 106 – 364 seats (row 1-13)

• Section 206 – 274 seats (row 1-10)

• Section 207 – 274 seats (row 1-10)

See Exhibit(s) Exhibit A: DATCU Stadium CAD Exhibit B: Chairback Seating Matrix Exhibit C: Section Images

Total number of existing seats represented above: 1,640.

Current Bleacher Construction and Material

-19” deep Aluminum bleacher bolted to concrete (See Exhibit D & E) -2’9” tread (See Exhibit F)

Chairback Replacement Options:

Provide design and pricing options, at a minimum, for the options listed below. Other options or variables for proposal will be accepted. Visit URL: https://northtex.as/BrandToolkit for more information on our branding guidelines.

Chairback Width variations: 19” – 22”

Material options:

Breathable mesh Plastic Cushion

Arms:

With Arms Without Arms

Drink holders:

Each Arm One Arm Back of chairback in front (front row would be cup holder in arm)

Seat Bottom:

Automatic Fold Up Stationary

Color:

Black Green

Scope #2: Fan Experience/Standing Room Area:

Price all proposed solutions separately by Option separating out cost of demo and removal of existing bleachers, pricing of fabrication and installation of rail options and freight charges. Your submittal should include all pertinent product descriptions, specifications, and any corporate profiling you feel should be presented to the University of North Texas. UNT reserves the right to award all or part of the RFP and choose options that best fit our budgetary constraints.

This part of the project if for the removal of existing bleachers in specific sections and install of drink rail options to create a standing room only type experience as an extension of the Wing Pub. Please note section break in Exhibit A. This proposal should focus on the two sections closest to the stairwell splitting Section 114 and Section 115.

https://northtex.as/BrandToolkit

UNT DATCU Stadium-Chairback Seating 002100 – INSTRUCTIONS FOR PROPOSAL Project: UNT Seating Project Prepared By: UNT

Option 1

• Removal of all existing bleacher seating in Section 114 and 115. (See Exhibit A & H)

• Section 114 includes 18 rows

• Section 115 includes 18 rows

• Rail Options:

o Leaning rail with cup holders (See Exhibit G) o Stadium type drink rail

Option 2

• Removal of existing top 5 full rows of bleacher seating in Section 114 and 115.

• Section 114 top 5 rows

• Section 115 top 5 rows

• Rail Options:

o Leaning rail with cup holders (See Exhibit G) o Stadium type drink rail

Option 3 o Install Stadium type drink rail at top of sections 114 and 115 (See Exhibit C) o This would remove the handicap accessible seating options in this area.

3.2 Unit Prices

When requested, Respondents must price per unit shown. Unit prices shall govern in the event of extension errors. Respondents must give unit prices for each item to be purchased. An “All or None” response by Respondent may be rejected at the option of the Owner. Quote F.O.B destination, freight prepaid and allowed. Otherwise, specify exact delivery cost and terms.

3.3 Schedule

Time is of the essence in the performance of the Contractor’s duties. It is critical that a realistic expedited schedule is provided. Substantial completion for this project is July 15, 2024.

3.4 Purchasing Items

A. Catalogs, brand names or manufacturer’s references are descriptive only, and indicate type and quality desired. Substitution requests of like nature and quality will be considered if response specifies such. If responding on other than referenced, response should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and a complete description of product offered are requested to be made part of the response. Failure to take exception to specifications or reference data will require respondent to furnish specified brand names, numbers, etc.

B. Unless otherwise specified, all material shall be new and unused.

C. In addition, all electrical items must meet all applicable state and federal standards and regulations, and bear the appropriate listing such as ANSI, FCC, NEMA, NTRL, and OSHA standards.

D. Samples, when requested, must be furnished free of expense to the Owner. If not destroyed in examination, they will be returned to Respondent, on request, at Respondent’s expense. Each sample should be marked with Respondent’s name, address, and requisition number. Do not enclose in or attach offer to sample.

E. A one (1) year warranty from substantial completion is required.

F. Delivery

i. Show number of days required to complete project under normal conditions.

ii. No substitutions permitted without written approval of Owner.

UNT DATCU Stadium-Chairback Seating 002100 – INSTRUCTIONS FOR PROPOSAL

G. Inspection and Tests

All work will be subject to inspection and test by the Owner. All costs shall be borne by the respondent in the event of failed inspection or tests.

3.5 Eligible Respondents

Only individual firms or formal joint ventures may apply. Two (2) firms may not apply jointly unless they have formed a joint venture. Any associates will be disqualified. (This does not preclude a respondent from having consultants.)

4. SUBMISSION OF PROPOSALS

4.1 Submit a total of one (1) complete copy of the entire response. Please submit your Hub-Subcontracting Plan as a separate pdf file. Your HUB Sub-Contracting Plan will be due 24 hours after submission of your proposal. No QR codes will be accepted as part of your response and may disqualify your response. An original signature must appear on the Proposal Form (Division 00, Section 004100).

4.2 Your response and HSP should be electronically submitted through the UNTS Jaggaer website link as follows:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS

In order to submit proposals electronically, Proposer must have a working, registered vendor username and password to login. If this is the first time Proposer has attempted to submit a response electronically, please register at:

Proposers are highly encouraged to ensure you have a working login in advance of the submission deadline. Proposer is responsible for ensuring it has the technical capability to submit its proposal via electronic submission.

Browser requirements: Chrome

Proposer shall be solely responsible for ensuring timely submission of the Proposal.

UNTS is not responsible for equipment or software failure, internet or website downtime, corrupt or unreadable data, or other technical issues that may cause delay or non-delivery of a Proposal of inaccessibility of the submitted data. Proposers are highly encouraged to prepare and allow for sufficient time to familiarize themselves with the electronic submission requirements and to address any technical or data issues Prior to the Proposal due date and time.

A. Late proposals will not be considered under any circumstances.

B. The Owner reserves the right to accept late proposals; however, proposals received after opening time will not be accepted.

C. Facsimile (“FAX”) or emailed proposals are not acceptable.

D. The Proposal must be submitted no later than 2:00 p.m. CST on March 15, 2024. Proposals received after the date and hour previously stated will not receive consideration. The HUB Sub-Contracting Plan must be submitted no later than 2:00 p.m. CST on March 18, 2024.

Failure to submit the HUB Sub-contracting plan will disqualify your proposal.

Please submit your response electronically thru the UNT System Jaggaer site at:

UNT DATCU Stadium-Chairback Seating 002100 – INSTRUCTIONS FOR PROPOSAL Project: UNT Seating Project Prepared By: UNT

Proposals will be received until the date and time established for receipt, then opened. The names of the respondents who submitted proposals will be made public. A public opening shall be held virtually on March 21, 2024, promptly at 2:00 p.m. CST. Public bid opening will be held virtually via Microsoft Teams meeting:

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 294 814 286 013 Passcode: hrWdr8 Download Teams | Join on the web Or call in (audio only) +1 940-304-2772,,718455012# United States, Denton Phone Conference ID: 718 455 012# Find a local number | Reset PIN Learn More | Meeting options

4.3 After proposals are received in response hereto and notice of intent to award a contract is made, the successful Contractor will be required to enter into a contract in the form of the Owner’s standard General Construction Agreement. The Contractor should review the contract (Division 00, Section 005200, Agreement Forms). No changes to the standard contract will be accepted.

Any questions or concerns regarding this Request for Proposals shall be directed to:

Carrie Stoeckert, Senior Construction Contract Coordinator

Strategic Infrastructure, Planning & Construction

Please submit solicitation questions to: carrie.stoeckert@untsystem.edu

All questions must be received no later than March 4, 2024, at 2:00p.m. CST. All questions and answers will be posted to the website by 5:00p.m. CST, March 6, 2024.

The Owner specifically requests that Respondents restrict all contact and questions regarding this RFCSP to the above-named individual except as provided in 4.2 above.

Responses to inquiries which directly affect an interpretation or change to this RFCSP will be issued in electronically by addendum (amendment) and posted at:

https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php , https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS , and http://www.txsmartbuy.com/sp

All such addenda issued by the Owner prior to the time that proposals are received shall be considered part of the RFCSP, and the Respondent shall be required to consider and acknowledge receipt of such on the proposal form. Contractors are responsible for obtaining any addenda posted on the websites listed above.

Only those inquiries the Owner replies to which are made by formal written addenda shall be binding.

Oral and other interpretations or clarifications will be without legal effect. The Respondent must acknowledge all addenda in Division 00, Section 004100, Proposal Form.

4.4 Compliance with Law

Contractor is aware of, is fully informed about, and in full compliance with its obligations under existing applicable law and regulations, including Title VI of the Civil Rights Act of 1964, as amended (42 USC 2000(D)), Executive Order 11246, as amended (41 CFR 60-1 and 60-2), Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250), Rehabilitation Act of 1973, as amended (41 CFR 60-741), Age Discrimination Act of 1975 (42 USC 6101 et seq.), Non-segregated Facilities (41 CFR 60-1), Omnibus Budget Reconciliation Provision, Section 952, Fair Labor Standards Act of 1938, Sections 6, 7, and 12, as amended, Immigration Reform and Control Act of 1986, and Utilization of Small Business https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGVlNzQ3OTItNzI3Yi00ZWUxLWJjYWMtOTdkZTUwZWYyZDYz%40thread.v2/0?context=%7b%22Tid%22%3a%2270de1992-07c6-480f-a318-a1afcba03983%22%2c%22Oid%22%3a%223875f742-7342-4801-b8e7-bcc4d92b3b67%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+19403042772,,718455012# https://dialin.teams.microsoft.com/ed4f9d76-3149-4a59-8bea-f677c7582955?id=718455012 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=3875f742-7342-4801-b8e7-bcc4d92b3b67&tenantId=70de1992-07c6-480f-a318-a1afcba03983&threadId=19_meeting_MGVlNzQ3OTItNzI3Yi00ZWUxLWJjYWMtOTdkZTUwZWYyZDYz@thread.v2&messageId=0&language=en-US mailto:carrie.stoeckert@untsystem.edu https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php

UNT DATCU Stadium-Chairback Seating 002100 – INSTRUCTIONS FOR PROPOSAL Project: UNT Seating Project Prepared By: UNT

Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals (PL 96-507), the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.), the Civil Rights Act of 1991, and all other laws and regulations and executive orders as are applicable.

4.5 University’s Right to Audit

At any time during the term of any Contract resulting from this solicitation and for a period of seven (7) years thereafter, the Owner or a duly-authorized audit representative of the Owner or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor’s records and books relevant to all services provided under this Contract. In the event such an audit by the Owner reveals any errors/overpayments by the Owner, Contractor shall refund the Owner the full amount of such overpayments within thirty (30) days of such audit findings, or the Owner, at its option, reserves the right to deduct such amounts owing the Owner from any payments due Contractor.

4.6 Access to Documents

To the extent applicable to this procurement, in accordance with Public Law 99-499 under TEFRA, Contractor agrees to allow, during and for a period of not less than seven (7) years after the Contract term, access to this Contract and its books, documents, and records; and contracts between Contractor and its subcontractors or related organizations, including books, documents and records relating to same, by the Comptroller General of the United States, the U.S. Department of Health and Human Services, and their duly authorized representatives.

4.7 Insurance and Bonds

The Contractor shall provide and maintain insurance, performance bond, and payment bond as required.

The minimum insurance coverage and bonding requirements are stated in Division 00, Section 007000, UGC.

4.8 Other Benefits

It is understood and agreed that no benefits, payments or considerations received by Contractor for the performance of services associated with and pertinent to the resultant Agreement shall accrue, directly, or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are, by definition, an employee of the State.

4.9 Non-Disclosure

Contractor and Owner acknowledge that they or their employees may, in the performance of the resultant Contract, come into the possession of proprietary or confidential information owned by or in the possession of the other. Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organization, regardless of whether directly or indirectly affiliated with Contractor or Owner, unless (i) required by law, (ii) required by order of any court or tribunal, (iii) such disclosure is necessary for the assertion of a right, or defense of an assertion of a right, by one party against the other party hereto, or (iv) such information has been acquired from other sources.

4.10 Publicity

Contractor agrees that it shall not publicize this potential Contract or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of the Owner’s employees or use the Owner’s name in connection with any sales promotion or publicity event without prior written approval.

4.11 Assignment

The potential agreement with Contractor resulting from this RFCSP is a personal service contract for the services of Contractor, and Contractor’s interest in such agreement, duties thereunder and/or fees due thereunder may not be assigned or delegated to a third party without the Owner’s prior written consent.

The benefits and burdens of such agreement are, however, assignable by the Owner.

UNT DATCU Stadium-Chairback Seating 002100 – INSTRUCTIONS FOR PROPOSAL

4.12 Assignment of Overcharge Claims

Contractor hereby assigns to the Owner any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A., Sec. 1 et seq. (1973), or arising under the antitrust laws of the State of Texas, Texas Business and Commerce Code Annotated, Sec. 15.01, et seq. (1967).

4.13 Patent and Copyright

Contractor shall pay for any royalties, license fees, copyrights or trade and service marks required to perform the services required by any resulting Contract.

4.14 Texas Public Information Act

The Owner considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after a contract is awarded.

Respondents are hereby notified that the Owner strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General regarding the disclosure of RFCSP information.

4.15 Freedom of Access and Use of Facilities

Contractor’s employees shall have reasonable and free access to use only those facilities of the Owner that are necessary to perform services under a resulting Contract and shall have no right of access to any other facilities of the Owner.

4.16 Observance of University Rules and Regulations

Contractor agrees that at all times its employees will observe and comply with all regulations of the facilities, including but not limited to, no smoking, parking and security regulations.

4.17 Section Headings

All section headings are for convenience of reference only and are not intended to define or limit the scope of any provisions of this RFCSP.

4.18 Governing Law

A. This RFCSP, and any resulting Contract, agreement or purchase order shall be construed and governed by the laws of the State of Texas.

B. The parties understand and agree that any purchase order/contract may be subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the administrative regulations and/or guidance which have been issued or may in the future be issued pursuant to HIPAA, including, but not limited to, the Department of Health and Human Services regulations on privacy and security, and Texas state laws pertaining to medical privacy (collectively, “Privacy Laws”). Vendor agrees to comply with all Privacy Laws that are applicable to this purchase order/contract and to negotiate in good faith to execute any amendment to this purchase order/contract that is required for the terms of this purchase order/contract to comply with applicable Privacy Laws. In the event the parties are unable to agree on the terms of an amendment pursuant to this paragraph within thirty (30) days of the date the amendment request is delivered by one party to the other, this order may be terminated by either party upon written notice to the other party.

C. Important Notice: Any purchase order may be funded wholly or partially with federal funds subject to the American Recovery and Reinvestment Act of 2009 (ARRA). The vendor shall comply with all applicable provisions of ARRA, which may include, but are not limited to, the provision of Division A, Titles XV and XVI (e.g., audit provisions, whistleblower protection, and preferences for American products).

UNT DATCU Stadium-Chairback Seating 002100 – INSTRUCTIONS FOR PROPOSAL Project: UNT Seating Project Prepared By: UNT

D. Federal Funds: All procurements of supplies equipment, and services utilizing Federal Funds (e.g.

Federal Grant or Contract) shall be made in accordance with all applicable federal rules and regulations: Federal Acquisition Regulations (FAR), Federal Office of Management and Budget (OMB) Educational Institutions, even if part of a State or local government follow: OMB A-21 for cost principles, A-110 for administrative requirements, and A-133 for audit requirements. All procurement requirements contained in the above referenced circulars are incorporated herein by reference. By signing this solicitation document, vendor certifies that vendor is in compliance with OMB A-110 and that vendor is not on the Debarred Bidders List.

4.19 Owner’s Special Conditions

The Owner requires full compliance with Division 00 and Division 01 Specifications, Contract and General Requirements. The documents shall be a part of this RFCSP and the Contract.

4.20 Prevailing Wage Schedule, University of North Texas System

Prevailing wage schedule shall in accordance with Texas Government Code, Chapter 2258. The hourly wage rate for work over forty (40) hours a week and work on legal holidays shall be not less than one and one-half (1.5) times the hourly rates.

Respondents shall base their proposals on rates they expect to pay. The Owner will not consider claims for extra payment to the Contractor on account of payment of wages higher than those required by Texas Government Code, Chapter 2258.

4.21 Pursuant to Section 231.006 of the Family Code, response must include names and social security numbers of each person with at least twenty-five (25) percent ownership of the business entity submitting the response. Vendors that have pre-registered this information on the Texas Comptroller of Public Accounts Centralized Master Bidders List (CMBL) have satisfied this requirement. If not pre-registered, list the name and social security numbers for each person. Otherwise, this information must be provided prior to contract award.

4.22 Note to Vendors: Any terms and conditions attached to any response will not be considered unless specifically referred to on the Solicitation and may result in disqualification of the response.

A. Dispute Resolution: Chapter 2260 of the Texas Government Code establishes a dispute resolution process for contracts involving goods, services, and certain types of projects. If Chapter 2260 applies to this Purchase Order, then the statutory dispute resolution process must be used by the vendor to attempt to resolve all of its disputes arising under this Purchase Order.

B. Excess Obligations Prohibited: The Texas Constitution (Article XVI, Section 10) prohibits obligators beyond the current appropriations, which the Owner applies annually. Any purchase order may be canceled at any time without penalty if legislative and/or Owner funds are not appropriated for goods or services obligated on any purchase order beyond the current fiscal year (September 1 through August 31 of any given year.)

C. Cancellation: Items or orders may be canceled without the consent of the vendor due to failure to fulfill their contractual obligations. If cancellation is requested by the Owner for some other reason through no fault of the vendor, the vendor will be contacted. The Owner reserves the right to cancel this contract upon thirty (30) days written notice to the Contractor. The Contractor must request and secure in writing the approval of the Purchasing Department to be released from this contract or any portion thereof should unforeseeable conditions occur.

D. Miscellaneous: The laws of the State of Texas shall prevail, including the Public Information Act.

Any Order is not confidential. All transactions associated with this Order may be subject to audit.

Vendor, by accepting this Order agrees to allow access to all records regarding this transaction upon written request by UNTS Internal Auditors and/or UNTS Business Support Services Procurement department.

UNT DATCU Stadium-Chairback Seating 002100 – INSTRUCTIONS FOR PROPOSAL Project: UNT Seating Project Prepared By: UNT

5. EVALUATION

5.1 The successful offer will be the offer that is submitted in response to this Proposal by the Submittal

Deadline and provides the Best Value to the Owner in the Owner’s sole discretion. Offers will be evaluated by an evaluation committee that will include employees of the Owner and other persons invited by the Owner to participate. The evaluation of offers and the selection of the Successful Offer will be based on the information provided to the Owner by the respondent in response to the Specifications section of this Proposal. Consideration may also be given to any additional information and comments if such information or comments increase the benefits to the Owner. The successful respondent will be required to enter into a contract acceptable to the Owner.

The evaluation committee will determine if Best and Final Offers are necessary. Award of a contract may be made without Best and Final Offers. The Owner may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their Proposals. A request for a Best and Final Offer is at the sole discretion of the Owner and will be extended in writing.

In evaluating Proposals to determine the best value for the State, the Owner may consider information related to past contract performance of a Respondent including, but not limited to, Texas Comptroller of Public Account’s Vendor Performance Tracking System.

5.2 Evaluation Criteria

Proposals will be opened publicly to identify the names of the proposers and their respective proposed agreement amounts. Other contents of the Proposals will be afforded security sufficient to preclude disclosure of the contents prior to award. Proposals will be evaluated by the Owner. The criteria for evaluation, Best Value determination using Education Code 51.783 and selection of the successful proposer for this award, will be based upon the equally weighted factors listed below:

A. Proposed agreement amount listed on Proposal form.

B. Proposed number of calendar days indicated on Proposal form.

C. The qualifications and experience of the proposer’s key personnel and subcontractors committed to the project. Three (3) years experience with similar scale projects, resumes of key team members working on project, experience as an installer and provider of chairback stadium seating.

D. Proposer’s current workload availability or time dedicated to this project of personnel and equipment.

E. The quality of references from owners and architects for similar projects completed by the proposer within the last three (3) years.

F. The proposer’s proposed project schedule and the demonstrated ability to have met expedited schedules on similar projects.

G. The responsibility and reputation of the proposer, including claims and litigation experiences.

H. The proposer’s safety record.

I. The sufficiency of the proposer’s financial resources.

6. AWARD PROCESS

6.1 After the opening of the offers and upon completion of the initial review and evaluation of the offers submitted, selected respondents may be invited to participate in oral presentations. The selection of the Successful Offer may be made by the Owner on the basis of the offers initially submitted, without discussion, clarification or modification. In the alternative, selection of the Successful Offer may be made by the Owner on the basis of negotiation with any of the respondents. At the Owner’s sole option and discretion, it may discuss and negotiate all elements of the offers submitted by selected respondents within a specified competitive range. For purposes of negotiation, a competitive range of acceptable or potentially acceptable offers may be established comprising the highest-rated offers. The Owner will provide each respondent within the competitive range with an equal opportunity for discussion and revision of its offer. The Owner will not disclose any information derived from the offers submitted by competing respondents in conducting such discussions. Further action on offers not included within the competitive range will be deferred pending the selection of the Successful Offer; however, the Owner reserves the right to include additional offers in the competitive range if deemed to be in its best interest.

UNT DATCU Stadium-Chairback Seating 002100 – INSTRUCTIONS FOR PROPOSAL Project: UNT Seating Project Prepared By: UNT

After the submission of offers but before final selection of the Successful Offer is made, the Owner may permit a respondent to revise its offer in order to obtain the respondent’s best final offer. The Owner is not bound to accept the lowest-priced offer if that offer is not in its best interest, as determined by the Owner.

The Owner reserves the right to: (a) enter into agreements or other contractual arrangements for all or any portion of the Scope of Work set forth in this Proposal with one or more respondents; (b) reject any and all offers and re-solicit offers; or (c) reject any and all offers and temporarily or permanently abandon this procurement, if deemed to be in the best interest of the Owner.

6.2 Respondent’s Acceptance of Evaluation Methodology

Submission of an offer by a respondent indicates: (1) the respondent’s acceptance of the Selection Process, the Evaluation of Criteria for selection, and all other requirements and specifications set forth in this Proposal; and (2) the respondent’s recognition that some subjective judgments must be made by the Owner during this Proposal process.

6.3 Contract

A. A response to this Solicitation is an offer to contract based upon the terms, conditions and specifications contained herein. Responses do not become contracts until a UNTS Agreement is issued and accepted. The contract shall be governed, construed, and interpreted under the laws of the State of Texas as the same may be amended from time to time. The Education Code 51.9335 shall be considered in making an award when specified. Venue for any suit filed against UNTS shall be subject to the mandatory venue statute set forth in §105.151 of the Texas Education Code.

i. An award is made to the Vendor submitting the lowest and/or best value response conforming to this specification. To determine the lowest and/or best value response, in addition to price, BEST VALUE may be considered.

ii. DEBTS TO THE STATE: Any party indebted to the State of Texas or any party who is more than thirty (30) days delinquent for Child Support is not entitled to payment on this purchase order or any accompanying contract.

iii. If a “best offer” vendor shows not to be in “good standing,” this agency may reject the response and award to the next best response.

iv. The Owner reserves the right to award the entire contract to a single Vendor or to award different components to different Vendors, whichever the Owner, at its sole discretion, determines to be in its overall best interest, as solely determined by the responsible parties of the Owner.

B. Respondent understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor’s Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Respondent further agrees to cooperate fully with the State Auditor’s Office or its successor in the conduct of the audit or investigation, including providing all records requested. Respondent will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through proposer and the requirement to cooperate is included in any subcontract it awards.

6.4 Response Results: It is not the policy of the Owner to furnish results over the telephone. Bid tabulations may be requested by email to carrie.stoeckert@untsystem.edu .

6.5 Historically Underutilized Businesses (HUB)

A. If Owner elects to award the future Construction Phase Services to the Construction Manager, the proposed contract is expected to exceed $100,000.00. A Good Faith Effort Program in the form of a HUB Subcontracting Plan (HSP) is a mandatory condition precedent to the award of any such extension of the contract. The HSP will become a part of the General Construction Agreement Refer to Division 00, Section 006000, Project Forms herein for HSP Forms.

B. Centralized Master Bidders List (CBML): The Owner utilizes the Texas Comptroller of Public Accounts CMBL to locate potential HUB vendors. The CMBL is located at:

http://comptroller.texas.gov/purchasing/vendor/cmbl/. Non-HUB respondents are identified from various sources including the CBML.

mailto:carrie.stoeckert@untsystem.edu http://comptroller.texas.gov/purchasing/vendor/cmbl/

UNT DATCU Stadium-Chairback Seating 002100 – INSTRUCTIONS FOR PROPOSAL Project: UNT Seating Project Prepared By: UNT

C. Questions regarding completing the HSP should be directed to Sony Simon, Assistant HUB Coordinator or Rosa Violante at 940-369-5500 or hub@untsystem.edu . Additional information can also be found at the Texas Comptroller for the Public Accounts website at:

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

FAILURE TO MEET HUB REQUIREMENTS MAY RESULT IN THE TERMINATION OF THE

CONTRACT.

END OF SECTION

mailto:hub@untsystem.edu http://www.window.state.tx.us/procurement/prog/hub/hub-forms/

UNT DATCU Stadium-Chairback Seating 004100 Project: UNT Seating Project Prepared By: UNT PROPOSAL FORM

DOCUMENT 004100

UNT DATCU Stadium-Chairback Seating

PROPOSAL FORM

Proposal of: ___________________________________ (Company Name)

In accordance with Education Code 51.783, the University of North (UNT), subsequently referred to as the Owner, is accepting proposals and intends to enter into an agreement with a General Construction contractor in accordance with the terms, conditions and requirements set forth in this Request for Competitive Sealed Proposal (RFCSP).

UNTS is accepting sealed bids no later than 2:00 p.m. CST on March 15, 2024. Bids received after the date and hour previously stated will not receive consideration. The HUB Sub-Contracting Plan is due no later than 2:00 p.m. CST on March 18, 2024. Failure to submit the HUB plan will disqualify your proposal.

The scope of work of this RFCSP is General Construction for the Union Corner Store Renovation project. A set of the one hundred percent (100%) Construction Documents and Specifications have been included for use in preparation of the proposal. A sample copy of the agreement has been included (Division 00, Section 005200, Agreement Forms) for review.

PROPOSERS ARE CAUTIONED TO READ THE INFORMATION CONTAINED OR REFERRED TO IN THIS RFCSP

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AS DIRECTED.

TO: Carrie Stoeckert Senior Construction Contract Coordinator

Via Electronic Delivery through Jaegger Website Link below:

BASE BID

Pursuant to and in compliance with the Contract Documents and any attachments thereto, including the Advertisement for Competitive Sealed Proposal and Instruction for Proposals, the Proposer hereby certifies that it has, carefully examined the Contract Documents entitled:

Project Name: UNT Seating Project Prepared by: UNT

Base Bid Scope #1-Chairback Replacement : The conditions affecting the Work, and being familiar with the site;

and having made the necessary examinations, proposes to furnish all labor, materials, equipment, and services necessary to complete the Work in strict accordance with the Contract Documents for the above referenced project for the following sum (Not including bond cost):

Demo and Removal Cost:

Seating Options

Installation Costs

Freight Charges

ALTERNATE BIDS

Number Description of Alternate Bid: Additive/Deductive Bid Amount:

1 Chair Width Variations:

1c 21” Additive Deductive

1d 22” Additive Deductive

2 Material Options:

2a Breathable Mesh Additive Deductive

2b Plastic Additive Deductive

2c Cushion Additive Deductive

3 Arms

3a With Arms Additive Deductive

3b Without Arms Additive Deductive

4 Drink Holders:

4a Each Arm Additive Deductive

4b One Arm Additive Deductive

4c Back of chairback in front (front row would be in arm) Additive Deductive

5 Seat Bottom:

5a Automatice Fold up Additive Deductive

5b Stationary Additive Deductive

6 Color

6a Black Additive Deductive

6b Green Additive Deductive

Base Bid Scope #2-Wing Pub Fan Experience/Social Standing Room Area Drink Rail: The conditions affecting the Work, and being familiar with the site; and having made the necessary examinations, proposes to furnish all labor, materials, equipment, and services necessary to complete the Work in strict accordance with the Contract Documents for the above referenced project for the following sum (Not including bond cost):

Option #1:

1 Leaning rail with cup holders Additive Deductive

2 Stadium type drink rail Additive

Option #2:

1 Leaning rail with cup holders Additive Deductive

2 Stadium type drink rail Additive

Option #3:

1 Leaning rail with cup holders Additive Deductive

2 Stadium type drink rail Additive

PAYMENT TERMS

The Owner shall be billed in accordance with Chapter 2251 of the Texas Government Code and payment shall be made no later than thirty (30) days following the later of (i) delivery of the goods or completion of the services and (ii) delivery of an invoice to Customer; and (c) interest, if any, on past due payments shall accrue and be paid in accordance with Chapter 2251 of the Texas Government Code. Payee must be in good standing, not indebted to the State of Texas, and current on all taxes owed to the State of Texas for payment to occur. Payment Applications and any required supporting documents must be presented to: University of North Texas System Facilities; 1155 Union Circle #311040, Denton, Texas 76203-5017.

a. Payment on any contract will be withheld from Proposer if Proposer is determined to be more than thirty (30) days delinquent for Child Support.

b. Successful Proposer shall be responsible for referencing the purchase order number(s) resulting from this proposal on any invoice(s), packing list(s), correspondence, etc. Invoicing must correlate to prices quoted either on a unit, hourly, etc. basis.

c. DISQUALIFICATION: Response is subject to disqualification if Proposer provides revisions and/or exclusions to the terms and conditions listed in this solicitation that the Owner is limited by law from accepting (i.e. offers with the laws of a State other than Texas), requirements for prepayment not defined in or allowed for in this Solicitation, limitations on remedies, any revision to stated terms and conditions of the Solicitation, etc.

d. Proposer agrees that any payments due under this contract may be applied towards any debt, including but not limited to delinquent taxes and child support that is…