TEXAS A&M UNIVERSITYbids.centerdigitalgov.com/NAV_EJJ_1-15-2008_00009_99… · Web viewThe sync generator module must also have a word clock audio sync signal for any audio conversion

Texas State University-San Marcos

REQUEST FOR PROPOSAL (RFP)

RFP NUMBER: 08-MP11

PROPOSAL (RESPONSE) SUBMITTED AGAINST THIS SOLICITATION MUST BE RECEIVED AT THE DESIGNATED LOCATION ON OR BEFORE:

February 18. 2008AT

4:00pm CDT

MAIL, COURRIER or HAND DELIVER PROPOSAL TO:

Texas State University-San MarcosOffice of Instructional Technologies Support

601 University Drive, Alkek Library 108San Marcos, TX 78666-4616

Show RFP Number, Opening Date and Time on Return Envelope

NOTES TO POTENTIAL RESPONDENTS:

Sealed proposals (responses) will be received by Texas State University-San Marcos (Texas State) until the date and time deadline at the location specified above. Responses must be received and time stamped before the deadline at this location in order to be considered.

It is the Respondent’s sole responsibility for delivering a response with all required materials to the designated location on or before the published deadline. It is strongly recommended that the response be hand carried to insure receipt in compliance with these requirements.

If mailing or sending by courier, the Respondent is cautioned to allow sufficient time for delivery to the location specified above. Failure to deliver, for whatever reason, may not be used as the basis for disputing the procurement solicitation process or any resulting contract award.

All questions relating to this RFP shall be in submitted in writing via fax or e-mail as provided below. All requests for information shall result in written responses sent to all potential Respondents known to the University.

REFER INQUIRIES IN WRITING TO:Michael Paynter

Office of Instructional Technologies Support

Fax: 512-245-3168Email: [email protected]

Due to the nature of the solicitation and evaluation process being utilized, after receipt of proposals, only the names of Respondents will be made public. Prices, terms and other proposal details will only be divulged after the contract award, if one is made, upon written request. All proposals submitted shall become the property of Texas State upon receipt.

Texas State University-San Marcos is a member of the Texas State University System

mailto:[email protected]



RFP NUMBER: 08-MP11

Revised 01/03/08

TABLE OF CONTENTS

PAGE NUMBERSECTION 1 INTRODUCTION

1.1 Statement of Intent and Purpose 31.2 HUB Program 41.3 Form of Proposal 41.4 Proposal Evaluation 51.5 Award Process 51.6 Texas State University-San Marcos Background Information 61.7 Background and Security Checks 61.8 Criminal Convictions 71.9 Insurance 71.10 Requests for Additional Information 81.11 Completion Date 91.12 Addendum/Modifications to Specifications 91.13 Warranty/Documentation 91.14 Technical Support 101.15 Subcontract, Delegation, Assignment 101.16 Additional Instructions/Requirements 10

SECTION 2 SCHEDULE OF PROPOSAL PROCESS 20

SECTION 3 GENERAL INFORMATION

3.1 Submittal Deadline and Location 213.2 Submittal Instructions 213.3 Texas State Contacts 21

3.4 Inquiries and Interpretations 22

3.5 Terms and Conditions 223.6 Confidential or Proprietary Information 233.7 Right to Not Make an Award, Waive Formalities 23

SECTION 4 (SAMPLE CONTRACT) GENERAL TERMS AND CONDITIONS 244.1 Exhibit A Scope of Work 29

SECTION 5 EXECUTION OF OFFER 32


RFP for Analog to Digital Conversion 08-MP11RFP for Analog to Digital Conversion 08-MP11

SECTION 1: INTRODUCTION

1.1 STATEMENT OF INTENT AND PURPOSE

Texas State University-San Marcos (“Texas State” or “University”) is seeking responses (proposals) to this procurement solicitation from qualified individuals or firms (Respondents) to perform the services described (Work) below to/for design, furnish and install HD/SD/Digital multi-format digital video and analog audio routing switchers, multi-viewer patch panels, control panels, sync generator, quality control equipment, and HD cabling for its audio/video production facilities located in the Alkek Library. Please carefully read the enclosed information and submit your proposal for “Digital Upgrade Audio/Video Production Facilities” in accordance with the following requirements and attached specifications.

Such a proposal shall describe the methodology to be used to perform the Work, which is to be based on parameters described in this RFP.

Texas State University Instructional Technologies Support Video/Audio Production Facilities provides service to University and non-University clients. We also provide lab and classroom space and facilities to the Theater Arts and Mass Communications Departments. Our system was installed in 1990 and is in the process of upgrade to HD digital capabilities.

The system currently includes a Grass Valley Horizon series 48X48 analog router system with button-per-source control panels, audio and video distribution amplifiers, sync and color bar generator; ADC patch panels; still store; waveform/vector scope; DPS frame synchronizers; Grass Valley play-to-air server; satellite receiver; dub rack; 3 routable edit bays. The 2 studios include Grass Valley 110 switchers; Panasonic 300CLE cameras; Radio Systems audio boards; Deko character generators; monitor racks with CRTs, and a QTV teleprompter.

We plan to phase in our digital conversion. Phase One includes the design, installation of an HD video router and an analog audio router with associated equipment, HD cabling, and test equipment. Phase Two includes the replacement of all analog equipment in Studio A with HD equipment. Phase Three includes the replacement of all analog equipment in Studio B with HD equipment. This RFP includes Phase 1 only.

The University expects to enter into one or more contracts with the selected Respondent(s) to provide the following described Work. The complete project is comprised of, but not limited to the following items. For a complete and detailed description, refer to the Scope of Work in Section 4.1, Exhibit A:

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Part I. Remove the specified existing analog video and audio equipment.

Part II. Provide, install and test new digital video and audio equipment to interface with existing analog and digital equipment in the production facilities.

Part III. Provide, install and test for proper timing and signal integrity HD cabling connecting the Vendor/Installer/Contractor/Integrator [Vendor] provided routers to existing analog and digital equipment.

Part IV. Perform final user acceptance test of entire production facilities, new and preexisting.

Part V. Provide on-site training for studio personnel.

The selected Respondent(s) as provider(s) of the Work to the University shall:

Be expected to maintain a high degree of confidentiality throughout the process;

Refer all media or other requests for information to Media Relations and Publications

Be subject to the State’s “open records” laws.

1.2 HUB PROGRAM

The purpose of the State of Texas Historically Underutilized Business Program is to promote equal business opportunities for economically disadvantaged persons (as defined by Texas Government Code ∲2161) to contract with the State of Texas in accordance with the goals specified in the State of Texas Disparity Study. If you are a certified HUB, please indicate this on your proposal response. If you are anticipating subcontracting with HUBs, please so indicate in your proposal response.

The HUB goals per Texas Administrative Code (TAC) Title 34, Part 1, Chapter 20, Subchapter B, RULE §20.13 “Annual Procurement Utilization Goals” are:

11% for heavy construction other than building contracts; 26.1% for all building construction, including general contractors and operative builder’s

contracts; 57.2% for all special trade construction contracts; 20% for professional services; 33% for all other services contracts; and, 12.6% for commodities contracts.

It has been determined that subcontracting opportunities are probable. In accordance with the State’s HUB “Good Faith Efforts” mandates, a HUB Subcontracting Plan (HSP) is to be prepared and included as part of any response submitted. Failure to furnish a completed HSP shall cause a submitted response to be rejected.

For further information regarding how to properly prepare an HSP and the forms to use, please access the following website:

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http://www.tbpc.state.tx.us/communities/procurement/prog/hub/hub-subcontracting-plan

1.3 FORM OF PROPOSAL

Proposals shall contain the following information:

Description of methodology which will be used in fulfilling the requirements.

A detail of the qualifications of the Respondent proposing to provide the Work outlined above.

Specific examples of previous services performed for Clients that demonstrate experience and expertise for the Work being proposed.

Complete, sign and submit Execution of Offer form found in Section 5 of this RFP.

1.4 PROPOSAL (RESPONSE) EVALUATION

Responses shall be evaluated based on the weights assigned below. If additional information or proposal clarification is required, the RFP evaluation team shall make written requests to the appropriate Respondent(s) and require all responses be made in writing.

Proposed methodology of delivering the Work 10%Firm’s qualifications and references 10%Cost of performing the Work 15%Duration and terms of warranties on equipment and installation 10%Trade in or upgrade program 10%Quality and reliability of goods and services 15%Prior experience with similar installations 15%Authorized reseller 15%

Total 100%

1.5 AWARD PROCESS

It is the University’s intention to evaluate the responses to this RFP to determine which constitutes the "best value" to the University. The University shall make this determination by utilizing “best value” criteria. “Best value” shall be as defined in Texas Education Code Section 51.9335 “Acquisition of Goods and Services” and the Texas State University Systems (TSUS) “Rules and Regulations”, Chapter III, Section 17 “Best Value Procurement”.

The University reserves the right to make an award based solely on the responses submitted without further discussions, select one or more responses for further discussions or clarifications, or select one or more responses for negotiation in order to select the best value response(s).

The University may elect to award a single contract, contracts to more than one service

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http://www.tbpc.state.tx.us/communities/procurement/prog/hub/hub-subcontracting-plan


provider for the Work, or make partial or no award. The University shall be the sole judge in making this determination if it is deemed to be in the University’s best interests.

1.6 TEXAS STATE UNIVERSITY-SAN MARCOS BACKGROUND INFORMATION

Texas State University-San Marcos is a doctoral granting university located in the burgeoning Austin-San Antonio corridor, the largest campus in the Texas State University System, and one of the 75 largest universities in the country.

Texas State’s students choose from 115 undergraduate and 84 masters and 6 Ph.D. graduate degree programs offered by seven colleges(Applied Arts, McCoy College of Business Administration, Education, Fine Arts and Communication, Health Professions, Liberal Arts, and Science), the University College, and the Graduate College.

In the Fall of 2007 student enrollment was 28,132. In the Fall of 2004, there were 903 full-time faculty and 1,450 full-time staff.

With a diverse campus community including over 28% of the student body from ethnic minorities, Texas State is one of the top 20 producers of Hispanic baccalaureate graduates in the nation. See the University Factbook for more information.

Texas State is also the lead institution of a multi-institution teaching center offering several For additional information refer to the University’s website at:

http://www.txstate.edu/about/index.html

1.7 BACKGROUND AND SECURITY CHECKS

Due to the scope, nature or the location of the Work involved, the successful Contractor shall perform, or require to be performed, criminal history and security background checks, investigations or inquiries for all Contractor or subcontractor employees who shall perform the described Work on a Texas State campus. Contractor will pay for these background checks.

The University’s policies in UPPS No. 04.01.17 (Background Checks) will determine whether an employee of the Contractor or its subcontractors is suitable for working on Texas State’s campus. For further information refer to:

http://www.txstate.edu/effective/upps/upps-04-04-17.html).

For additional information regarding the University’s requirements for criminal history and security background checks, please contact the Texas State Human Resources Office at (512) 245-2557 or visit their website at:

http://www.humanresources.txstate.edu/employment.htm

At a minimum, the Contractor must perform the following checks: Internal Revenue Service (IRS) Identification Verification National

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http://www.humanresources.txstate.edu/employment.htm

http://www.txstate.edu/effective/upps/upps-04-04-17.html

http://www.txstate.edu/about/index.html

http://www.irp.txstate.edu/fb/irfactbook.htm

http://www.gradcollege.txstate.edu/

http://www.txstate.edu/ucollege/

http://www.txstate.edu/science/

http://www.txstate.edu/liberalarts/

http://www.health.txstate.edu/

http://www.finearts.txstate.edu/

http://www.education.txstate.edu/

http://www.business.txstate.edu/

http://www.business.txstate.edu/

http://www.txstate.edu/appliedarts/


Texas Department of Public Safety (DPS) County Federal Terrorist Watch List

The University reserves the right to increase or decrease the scope of required background checks.

Search criteria: Full Name & Maiden Name (if applicable) Permanent Address Date of Birth Social Security Number (SSN) Alias HAWK Alert

The University may evaluate or audit the suitability and accuracy of the Contractor’s background checks and may use this information in determining contract award, disqualification, performance, or termination.

1.8 CRIMINAL CONVICTIONS

If a Contractor’s background and security checks reveals information that might reasonably question the Contractor’s or subcontractor’s employee’s suitability for performing the Work at Texas State, the Contractor shall take all necessary steps to mitigate or eliminate the possibility that an employee or subcontractor employee would pose a risk or threat to the university community.

The Contractor shall notify all employees or subcontractors whose background or security check reveals them to be convicted sex offenders that:

1. they are required to register with local law enforcement authorities under Chapter 62 of the Texas Code Of Criminal Procedure;

2. if they intend to work or carry on a vocation (full-time or part-time), on any campus of Texas State for a consecutive period exceeding fourteen days, or for an aggregate period exceeding thirty days in a calendar year, they are required to register (or verify registration) with the University Police Department within seven days of beginning work in accordance with article 62.064 of the Texas Code Of Criminal Procedure.

3. they are required to notify the University Police Department (512-245-2890) within seven days of terminating work on any campus of Texas State.

Respondent represents that in the event of an award, the successful Respondent (Contractor) has not, and Contractor’s or Subcontractor’s employees have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Contractor has fully advised Texas State as to the facts and circumstances surrounding the conviction.

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1.9 INSURANCE

Upon notification of award the Successful Respondent (Contractor) shall furnish proof of the stipulated insurance coverage requirements to the University’s Authorized Representative. Contractor will be required to maintain this insurance coverage through completion of the Work.

This proof shall be in the form of a certificate listing Texas State University-San Marcos as an additional named insured. It shall be executed by an approved insurance company authorized to do business in the State of Texas with an A.M. Best rating of “B+” or higher. The Contractor shall carry and pay the premiums for the required insurance in the amounts stated below:

COMPREHENSIVE GENERAL LIABILITY INSURANCE:

Coverage with limits of not less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) per occurrence for a bodily injury, and ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) per occurrence for property damage, or a combined single limit of not less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00).

AUTOMOBILE LIABILITY INSURANCE:

Coverage with limits not less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) per person and THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00) per occurrence for bodily injury; and ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) for property damage or a combined single limit of not less than THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00) for all owned, hired and non-owned automobiles used in connection with the performance of the Work.

WORKER'S COMPENSATION INSURANCE:

Amount – Statutory, Texas.

Contractor is responsible for both Federal and State Unemployment Insurance coverage and Standard Workers’ Compensation Insurance coverage.

Employer’s liability insurance with minimum limits of liability of ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00).

Proof that insurance coverage exists and is in force shall be furnished to the University’s Authorized Representative by way of a certificate of insurance before any part of the Work is started. The certificate of insurance shall contain a provision that in the event of cancellation or any material change in the coverage stated above, the University shall be notified in writing no less than thirty (30) days prior to the change.

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1.10 REQUESTS FOR ADDITIONAL INFORMATION

The University may require one or more potential Contractors during the evaluation phase to furnish additional information that will assist the University in determining which Respondent, if any, is the most qualified and whose response to this solicitation offers the best value to the University. Such requests may include, but are not limited to, furnishing DUNS number; additional financial or client references; and on-site visits or presentations.

Each Respondent contacted will be expected to comply with the request information in a timely fashion within the timeframe requested. Failure to respond in a timely fashion may cause a response to be disqualified from further consideration as being non-responsive.

1.11 COMPLETION DATE

The date for completion of the work, testing and acceptance by the University is 8/4/08. If this completion date cannot be met, the respondent must include an alternate deadline.

1.12 ADDENDUM/MODIFICATIONS TO SPECIFICATIONS

Any oral statements or representations that are contrary to the written specifications shall not bind Texas State University.

A response to all questions, which may materially change the specifications, received by January 21, 2008, if any, will be sent to all parties to which the solicitation was originally transmitted, or who had requested a copy of the solicitation from Texas State University’s Authorized Representative, by January 14, 2008. The Authorized Representative, or a designated alternate, shall have final decision relating to all technical aspects of this RFO and subsequent offers. If an error or omission is discovered, or the requirements materially change prior to the deadline for responding to the solicitation, the Authorized Representative shall prepare and issue an addendum correcting, changing or modifying the specifications. This addendum shall be transmitted to all parties to which the solicitation was originally transmitted, or who had requested a copy of the solicitation from Texas State University's Authorized Representative.

Each addendum should be acknowledged and incorporated into the response/proposal. A solicitation response/proposal shall not be rejected for failure to return the actual addendum if any changes are clearly noted in the response/proposal, and the proposal/response would not be materially changed by the addendum.

Unless specifically annotated, Texas State University will assume that the Vendor is furnishing products and/or services exactly as listed and/or described in the specification document. Texas State University reserves the right as sole judge to determine, without further comment, if a component, product or service offered under this specification meets minimum acceptable standards of quality or suitability.

1.13 WARRANTY /DOCUMENTATION

Respondent should include a copy of the warranty and depot/on-site service/maintenance

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agreement (if applicable) with its offer. This documentation shall detail any requirements or instructions for obtaining service from the Respondent in the event of an award.

The vendor shall honor all manufacturers' stated warranties. The vendor shall also warrant equipment for a minimum period of two (2) years on-site for all parts and labor. The vendor shall warrant vendor installation items for a minimum of two (2) years for labor and materials. Warranty period shall commence upon system acceptance. For on-site repairs warranty shall include a minimum of three (3) day(s) from notification to on-site response to any request by Buyer's Authorized Representative, or a designee, for service during the period warranty remains in effect. This is in addition to the manufacturer's warranty. Loaner equipment is required to be provided by Vendor at no additional cost in the event that the equipment must be taken off-line for more than five business days to effect warranty repair(s). Vendor agrees to provide, deliver and/or install "loaner" equipment of comparable quality and functionality until the warranty repairs are completed to the buyer's satisfaction and the equipment is again brought on-line. Vendor will respond via the telephone within 4 hours of notification of any problem.

Vendor shall respond on site with in 24 hours if satisfactory repairs cannot be performed/provided via the telephone.

1.14 TECHNICAL SUPPORT

Technical support in-person, or by telephone, postal or electronic mail, and/or facsimile response(s) to Buyer's Authorized Representative(s) inquiries shall be provided by Seller for the entire warranty period at no additional cost.

1.15 SUBCONTRACT, DELEGATION, ASSIGNMENT

Respondent must clearly indicate in their response if they intend to subcontract, delegate or otherwise assign to a third party any or all of the work, or any portion of the contract. The Buyer may require the respondent(s) to furnish sufficient proof that any proposed third party possesses the skills, qualifications and capabilities necessary. This proof may include, but is not limited to, references, samples and/or financial information regarding the proposed third party. In the event of an award, no portion of the contract shall be subcontracted, delegated or otherwise assigned to a third party by the Seller, without the Seller first obtaining the express written permission of the Buyer's Authorized Representative. Seller shall submit any such request, in writing and in a timely fashion, to the Buyer's authorized representative. Prior to granting authorization, Buyer may require Seller to furnish pertinent information to determine the qualifications of the proposed third party. Such authorization does not relieve the Seller of any of the responsibilities and/or requirements set forth in the purchase order or contract.

1.16 ADDITIONAL INSTRUCTIONS/REQUIREMENTS

A. F.O.B./Shipping Terms

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Freight terms shall be:

F.O.B. Destination, Full Freight Allowed, with System Installed and Accepted by Buyer’s Authorized Representative.

B. Response/Submittal Validity:

The Vendor is to guarantee a minimum “bid/proposal/offer validity” of a minimum of ninety (90) days from deadline specified in this document for response submittal..C. References/Qualifications

A minimum of three (3) references of similar scope/nature are to be listed on the attached “Procurement Solicitation Questionnaire”.

D. Existing Site Conditions/Site Visit

A site visit is strongly recommended. The Respondent, in submitting a proposal and, in the event of an award, executing a contract, acknowledges that he has thoroughly investigated all existing facilities and job site conditions, including those of a sub-surface nature, and clearly understands the intent and requirements of the contract documents. Failure to inspect the site prior to responding to this solicitation will not relieve the successful Contractor of the responsibility to perform all work as described in this contract. A mandatory pre-submittal meeting will be held to discuss any required clarifications to the solicitation and HUB Subcontracting Plan information. The date and location are listed in Section 2, Schedule of Proposal Process. Failure to attend will disqualify the respondent.

To schedule a site visit and/or more information, contact Michael Paynter at:512-245-1602 (voice)512-245-3168 (FAX)[email protected] (e-mail)

E. Maintenance/Parts

The Vendor must be an authorized representative, or distributor, for the brand and model represented in their offer. The Vendor must be capable of providing, or arranging for, on-going maintenance, and OEM parts and supplies. The Vendor is to indicate in the response the nearest maintenance, sales and support facility location, with the approximate distance from the Texas State University Central Receiving (located at 305 River Ridge Parkway, San Marcos, TX):

NAME: ________________________________________________________________STREET ADDRESS: _____________________________________________________CITY/STATE/ZIP: _______________________________________________________PHONE: ________________________________________________________________FAX: __________________________________________________________________APPX. DISTANCE: (in mi.) ______________________________________________

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F. Training

MINIMUM of two eight (8) hours sessions of "HANDS ON" training/instruction in the equipment's safe, proper use, operation, preventative care and maintenance by the manufacturers' authorized personnel for approximately four (4) Texas State University personnel to be included in the price of the equipment. Training shall be scheduled at the buyer's authorized representative's convenience. Training to take place at the Texas State University Alkek Library Room 134. The Vendor shall attend the above training to answer questions and provide technical assistance.

G. Vendor Qualifications:

The Vendor shall normally be engaged in the business of designing, assembling, and installing high definition digital, analog, and broadcast systems similar in function, magnitude and quality to the job specified in this Proposal document. An electrical contractor or musical equipment installer will not be considered as qualified to do the work, unless extensive Audio/Video Production system installation experience can be documented as described below.

The Vendor should furnish proof, as a part of the proposal, of having been in the commercial and/or institutional Audio/Video Production Facility installation business for a period of not less than five (5) years with three (3) years experience in the installation of digital (HD/SD/SDI) production equipment, and having successfully completed at least three (3) projects of a similar or larger size, nature, complexity and scope within the past two (2) years. This should be done by completing the information requested in the attached “Procurement Solicitation Questionnaire”. The Vendor shall hold a current, valid franchise for the major lines of equipment they furnish under these Specifications, and may be required to furnish proof upon request.

The Vendor must be an authorized warranty service center for all major electronic video items provided. The Vendor must have an authorized in house warranty service/repair facility for the major electronic video items.

Failure to furnish sufficient documentation upon request to assure the Buyer of the installer's qualifications may be grounds to disqualify the proposal as non-responsive to the specifications. The Buyer's technical contact and/or Authorized Representative reserves the right to reject any proposals submitted by firms not meeting the criteria herein mentioned.

H. Substitutions

Some items may be listed by the manufacturer’s type or model number, without a detailed performance specification, and may not include the phrase “ or approved equal”. Where this is the case, no substitutions will be accepted, without the written consent of the buyer's Technical Contact. Where the phrase “or approved equal” appears, the item specified shall set a standard of quality and performance, based on the published specifications of the manufacturer and on the performance as known by the Buyer's technical contact.

Substitutions will be approved in writing only, based upon these criteria and will require samples for evaluation and possible destructive testing. Substitutions will be approved in

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writing only, based upon these criteria and may require samples for evaluation.

If other than referenced examples are offered, the Vendor is to provide detailed specifications sheets and copy of Operator's manual directly to the technical contact at the time of the proposal submittal. Failure to deliver the required material to agency within five (5) working days of the submittal deadline will automatically disqualify the offer from consideration. After award, and upon request, the documentation submitted by an unsuccessful bidder shall be returned to the at the vendor's expense.

I. Equipment Assurance

The Vendor may be required during the response evaluation phase to provide some, or all, of the following to assure the equipment offered meets the needs of the agency:

• Samples• Demonstration of the EXACT MODEL/SYSTEM NUMBER offered• Minimum THREE (3) USER references (include contact name and phone number(s)• Testing of the equipment (Max. five (5) days)

J. Inspection/Installation

The Vendor shall inspect each item and/or component/subcomponent for proper operation and compliance to specifications prior to system delivery and installation. Installation is to be a turnkey installation. State-certified electricians must make electrical and utility modifications or installation and approved by the Texas State University Facilities utility systems office before work commences. The vendor should contact, phone 512-245-2148.

The vendor is responsible for all labor and all materials required to provide a complete and working system. The vendor will install all equipment in accordance with the manufacturer’s recommendations and the specifications set forth in the installation specifications.

The installed digital, analog, multi-format routing switchers must function with all existing equipment and control systems. All equipment to be installed; system installation; operation; documentation, and training must be accepted by the buyer's technical contact and authorized representative. (HD/SD/Digital Multi-format digital video and analog audio routing switchers, multi-viewer, patch panels, control panels, sync generator, quality control equipment, and HD cabling for its audio/video production)

The vendor shall provide components, racks, wire, cabinetry, connectors, materials, parts, equipment and labor necessary for the complete installation of the Systems, in full accordance with the recommendations of the equipment manufacturers and the requirements of the Drawings and Specifications.

Equipment shall be held firmly in place with proper types of mounting hardware. All equipment shall be installed so as to provide reasonable safety to the operator. Adequate ventilation shall be supplied for all enclosed equipment items that produce heat.

During the installation, the vendor shall make provisions for all equipment included in the

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Contract and any items not included (N.I.C.) but detailed herein for future installation by the Owner, so that items which are not provided under this contract may be added to system without rewiring or additional construction.

All equipment delivered must include a standard Operator's instruction manual or electronic equivalent. If applicable, an Installation manual should be provided.

Any and all power cords, remote control cords, optional equipment or accessories, etc. required for the operation of the equipment at its specified functional level are to be included in the purchase price and are to be delivered with the equipment.

All packing, shipping containers and trash shall be removed “off-site” by the Contractor. The Contractor shall not utilize the university’s trash receptacles without the express written permission of the university’s Authorized Representative(s).

K. Shop Drawings and Submittals

The Vendor shall submit to the technical contact prior to the procurement of equipment, or commencement of any work, each of the following for review and approval:

1. A complete equipment list with model numbers, manufacturers' names, and quantities.2. Manufacturers' cut sheets on each and every equipment item.3. Proposed rack layouts.4. Proposed construction details for all items. These details shall show dimensions, materials, finishes and color selection.5. Total system schematic and system grounding schematic, with wire numbers, terminal block numbers and designations and color-coding.

Certain other submittals as may be required for various equipment items prior to construction, fabrication, or finishing of that equipment item, and are so noted in the specifications.

Upon completion of the work, but prior to final system acceptance by the technical contact, the Vendor shall deliver to the technical contact the following:

1. 3 copies of the As-Built Drawings and correct system schematic for all parts of the systems, which shall include wire, numbers, terminal block numbers and layouts and other designations and codes to illustrate all connections. 2. Record drawings showing all parts of the systems.3. Service manuals for each major item furnished. 4. Manufacturer's operating instructions for each and every equipment item furnished.

On or before April 15, 2008 the Vendor shall submit to the technical contact all shop drawings and other submittals as listed herein, for approval prior to fabrication, construction or procurement. The Vendor shall verify all dimensions and conditions at the job site prior to installation, and shall perform the installation in accordance with the specifications, drawings, manufacturer's recommendations and all applicable code requirements.

The Vendor's shop drawings shall include complete and accurate lists describing manufacturer and model number of all items of equipment to be used in assembling the system.

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The Vendor's shop drawings shall include block diagrams indicating proposed connection of all equipment and indicating type and model number of each piece of equipment.

The Vendor's shop drawings shall include layouts of patch bay panels, equipment racks, wire lists, and cabinetry including physical detailed drawings of the equipment mounted in the equipment cabinets, showing the proposed scheme for separating cables of various signal types and levels. The Vendor’s shop drawings shall include block diagrams indicating proposed grounding scheme used for all equipment.

The Vendor's shop drawings shall include all documentation for the integration and connectivity of the existing owner furnished equipment (OFE) to the vendor furnished equipment.

The Vendor's shop drawings shall be CAD plotted, minimum C size, and shall also be provided on CD or DVD disk in the form of CAD based drawings.

The Vendor's shop drawings shall be identified with the name of the project and the Vendor's name. The drawings shall have been checked, corrected, and approved by the Vendor Project Engineer, and shall bear their signature as evidence of the same.

The Vendor's As-Built Drawings shall be CAD plotted, minimum C size, and shall also be provided on CD or DVD disk in the form of CAD based drawings. Wire lists and labels shall be in Microsoft Excel and shall be provided on CD or DVD disk.

The Vendor's As-Built Drawings shall be identified with the name of the project and the Vendor name. The drawings shall have been checked, corrected, and approved by the Vendor project manager and shall bear his signature as evidence of the same. Copies of the design drawings, modified to provide the information specified above, are suitable for this purpose.

L. Cable

Wire and cable shall be new and unused. Cable shall be installed splice free in all cases. Where splices must occur, other than at terminal points' of wiring, they must be made with approved connectors and screw terminals. Approval must be obtained in writing from the technical contact before such splices are made.

Wire not installed in equipment racks, nor portable, nor installed in conduit, shall meet all fire and other applicable codes.

Wire for all other devices shall be according to the recommendation of the device manufacturer.

Cables and wiring within equipment racks and cabinetry shall be routed according to function, separating wires of different signal levels (microphone, line level, amplifier output, AC, intercom, control, video, RF, etc.) by as much physical distance as is possible.

All cable shall be neatly arranged and bundled loosely with plastic ties and dressed with enough slack for future maintenance.

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Cable shall be color coded by signal type for video and audio and analog and digital.

All cable shall be 3GB HD capable and the signal integrity must be maintained to a minimum distance of 300 feet.

M. Mechanical Connections

Mechanical connections shall be made using approved non-insulated crimp lugs of the correct size and type for connection; wire nuts are not permitted. Each connector shall be attached with the proper size and type controlled-duty-cycle ratcheting crimp tool, which has been approved by the manufacturer of the crimp connectors.

Conventional non-ratcheting type crimping tools shall not be used, and the presence of such a tool on the job site shall constitute evidence of mechanical connections made with unapproved tools and may be sufficient grounds for rejection of all mechanical connections in the system and subsequent rework of the same.

BNC connectors shall be true 75 ohm to pass high definition video.

N. Labeling

ALL jacks, controls, connections and equipment shall be clearly and permanently labeled according to industry standards with rack name, source, destination and wire number. An example of proposed naming scheme shall be provided for approval prior to labeling.

Embossed, printed label tape, press-on, or lift-off lettering systems shall not be used.

O. Contractor Responsibilities

Contractor and sub-contractor's employees are expected to be courteous, and act in a safe and responsible manner while at the University. This includes refraining from any behavior or actions while on campus that may be deemed unacceptable, offensive or unsafe by Texas State University. Texas State University reserves the right, without recourse, to immediately remove, or have removed, any Contractor, or sub-contractor, employee from a jobsite and the campus, and require the Contractor to take such other action as may be necessary to cause the unacceptable, objectionable or unsafe behavior to cease. Failure to take immediate and necessary corrective action, upon written notification of Texas State University, may be viewed as default in performance of the contract by the Contractor.

The Contractor and its employees are expected to immediately report to the appropriate University individual all apparent or potentially hazardous or unsafe conditions, including fires or smoke; standing water; broken, missing or inoperative equipment; damage to the building or its contents; etc. In addition, the Contractor employees are to report to the university's designated representative all items in need or repair, including leaky faucets, toilets or urinals; drain stoppages; etc.

P. Equipment Specifications

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The following are a minimum level of equipment specifications for each requested item/group. It is not intended however as the final determination. That decision will rest solely with the Educational Technology Center evaluation team and Texas State University Purchasing office. It is preferred that the items indicated are proposed. See above for product substitution requirements.

Multi Format Video Routing Switcher: The routing switcher system must be a multi format wide band routing switcher capable of passing HDTV 1080p, SDTV 270Mb/s (conforms to SMPTE 259M), and NTSC composite video. It is to have a manufacturer’s 10 year 24/7 parts and labor on site warranty and must have an overall bandwidth of 3 GHz for future HDTV signal types. It will be housed in a 4RU rackmount frame with redundant power supplies, redundant crosspoint cards and be able to accommodate 64 inputs x 64 outputs in building blocks of 8 inputs or 8 outputs. These I/O modules can be mixed as HD/SD SDI or NTSC analog. The router modules will have the ability to convert between SD SDI inputs and NTSC analog outputs or NTSC analog inputs and SD SDI outputs. The SDI modules must be capable of passing HD SDI signals, but it is only required that they convert between SD analog and SD digital signals. This router will be configured in a 32x32 wideband HD/SD SDI matrix and a 32x32 analog video matrix with internal conversion. These matrices must be able to cross convert signal types for an overall router configuration size of 64inputs x 64 outputs. In addition the I/O modules must be able to migrate to a larger size frame for possible future growth expansion. It is also recommended that the vendor propose a trade in value for the analog modules towards digital modules for a future growth path to an all digital routing facility. The router is to ship with a laptop preloaded with router and control panel configuration softwareExample: Qty (1) Utah Scientific 400/64HD3-32x32/AV32x32 video router with VX-400/64S redundant crosspoint card and redundant power supply or functional equivalent.

Multi format Audio Routing Switcher: The routing switcher must be a multi format routing switcher capable of passing, SDTV 270Mb/s, NTSC composite video, 110 ohm digital audio or analog audio. It is to have a manufacturer’s 10 year 24/7 parts and labor on site warranty and must have an overall bandwidth of 270 MHz (conforms to SMBPTE 259M) for current SDTV signal types. It will be housed in a 2RU rackmount frame with redundant power supplies, redundant crosspoint cards and be able to accommodate 32 inputs x 32 outputs in building blocks of 16 inputs or 16 outputs. These I/O modules can be mixed as SD SDI, NTSC analog, 110 ohm balanced digital AES or analog dual channel audio. This router will be configured as a 32x32 dual channel analog audio matrix. It is also recommended that the vendor propose a trade in value for analog modules towards digital modules for a future growth path to an all digital routing facility. Example: QTY (1) Utah Scientific 200-AA-32 stereo analog audio router with redundant power supply or functional equivalent.

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Control Panels: The control panels must be a mix of X/Y, button per source and Windows GUI type control panels. They are to have a manufacturer’s 10 year 24/7 parts and labor on site warranty. The button per source will have the ability to switch from up to 72 sources to a single destination via a 32 button front panel with shift function. The XY panel will be a multi-bus or full matrix controller with (4) touch screen display panels and 16 LCD push buttons for complete system routing with salvos. The XY and button per source panels will have re-legendable push button switches which back lit for indication of selected source or destination. They will be easily re-configurable for future changes with the provided software and laptop. The GUI style or software based control panel will be a Windows based application that can operate as a full system monitoring panel, XY switching panel or button per source panel. Example: Qty (1) Utah Scientific UCP-MM/A/E/SS XY remote panel, QTY (5) Utah Scientific UCP-72E button per source and Qty (2)Utah Scientific SoftPanel 1 GUI type remote panel or functional equivalent.

Multi-Format Video Terminal Equipment: The video terminal equipment must be card style type boards housed in a 3RU processing frame which is able to accommodate 10 modules and includes a redundant power supply. The frame must also have a touch screen remote front panel for easy system set up and come equipped with system control module and connections for RJ45 Ethernet network access. They are to have a manufacturer’s warranty of 5 years parts and labor. The sync generator board must have at a minimum NTSC analog bars, Black burst, SDI digital bars and HD tri-level sync all on independent outputs. It must also have the ability for an audio sub module capable of producing audio tone in an embedded or discreet AES & analog signal type. The sync generator module must also have a word clock audio sync signal for any audio conversion applications in the future. The NTSC analog video distribution amplifier boards will have a minimum of 1 input and 8 outputs for reference and duplication signals. The dual NTSC analog video distribution amplifier will be 2 input by 4 output for those sources requiring distribution. Reference and any conversion boards will be housed in one discreet frame while distribution amplifiers will be housed in it’s own dedicated frame or frame(s). Control software will be provided for network access and configuration of boards from a remote or local network location. The equipment frame must be able to accommodate HDTV test signal, conversion and distribution boards for future expansion.Example: Qty (2) Ensemble 3RUFRM frame with power supply, QTY (2) Ensemble 5030 control module, Qty (2) Ensemble 5020 redundant power supply, Qty (1) 5050 touch screen remote front panel, Qty (1) Ensemble 5400 dual sync and TSG module, Qty (1) Ensemble 5410 audio sub module, Qty (5) Ensemble 5150 1x8 video dist amplifier, Qty (2) Ensemble 5155 2x4 dual video distribution amplifier and Qty (1) Ensemble AVE-PC computer software control/configuration application or functional equivalent.

Clock, Time Code and Audio Terminal Equipment: The audio terminal equipment must be card style type boards housed in a 2RU processing frame which is able to accommodate 10 modules and includes a redundant power supply. They are to have a manufacturer’s warranty of 5 years parts and labor. The audio distribution amplifiers must be configurable as either 2x4 stereo or 1x8 mono distribution. The Master Clock system must be a 1RU frame with GPS lockable master clock capability, LED time of day readout display and time of day time code generator. Example: Qty (1) Ensemble 6600 frame with power supply, Qty (1) Ensemble 6600-RP redundant power supply, Qty (6) Ensemble 6601 mono or stereo programmable distribution amplifier, Qty (1) ESE E102 GPS master clock and Time Code Generator or functional equivalent.

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Time Base Correction Equipment : The time base correction and frame synchronizer equipment will be card style type boards housed in a 2RU frame capable of accommodating up to 6 cards. The TBC/Frame sync cards will handle the video in 10 BIT processing, in NTSC analog compositeExample: Qty (1) FOR-A UF-106 frame with power supply, Qty (2) FOR-A UFM-125TBC TBC/Frame Sync cards or functional equivalent.

Multi Format Monitoring Equipment: The video monitoring equipment must be HD/SD multi format capable as standard when delivered. The waveform unit must be a 1RU rackmount “rastorizer” style display driver unit that allows for monitoring of HD and SD SDI signals, an NTSC analog signal, picture display, and audio in embedded, AES and/or analog signal types. It should be able to display these signals full screen or in a quad split type display mode on a 24” 1920x1080 XGA wide screen style status monitor. The video monitor will be a 17” rackmountable 16x9 HD/SD SDI and NTSC analog mulitformat display. It must be capable of 2) auto sensing HD/SD SDI inputs and 1) NTSC or HD YPbPr analog input. It should be able to show center marker and various aspect ratio markers over incoming video. It must have independent backlight adjustments. It must be able to have mono or blue gun type features and have the ability to disembed embedded audio. It must also have the capability of dual link as an upgrade in the future. The audio monitor unit must be multiformat stereo analog, unbalanced AES and SD SDI embedded as standard when delivered. It should be 1RU and provide quality audio monitoring as well as limited audio metering Example-Qty (1) Tektronix WVR-7020+BAS HD/SD SDI, NTSC analog and audio rastorizer monitor, Qty (1) Samsung 24” wide screen status monitor, Qty (1) TV Logic LVM-170WG 17” Multiformat monitor, Qty (1) RMK-17 TV Logic rackmount kit, Qty (1) AMP1-SDA Wohler multi format audio monitor or functional equivalent.

Multi Channel Test Equipment: The test/repair unit must be a minimum of 4 channels and a minimum 400 MHz digital oscilloscope for use in the Instructional Technologies Support repair department.Example: Qty (1) Tektronix TDS-3044B or functional equivalent.

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Multi Format Multi Viewer Equipment: The multi viewer unit must be multi format HD/SD digital and analog capable when delivered. It must have a network capable 4RU electronics processing frame with redundant power supplies and modular input and output capabilities with the ability to handle up to 32 HD/ SD SDI or NTSC inputs with 4 discreet outputs. It must come standard with layout application software. It is to be configured with one (1) dual output display card for driving two (2) large flat panel monitors via DVI-D, HD-SDI (optional) or XGA signals. It should have a resolution of 1920 x 1200 no matter the input signal type. It is to have the capability to display any or all input signals in any combination on any monitor. It should also be configured with one (1) multiformat auto-sensing input board capable of inputting sixteen (16) HD/SD SDI and NTSC composite analog video signals. The system must include a network connected manufacturer built remote control panel for operator recall of stored setups. The remote control must have local connections for a keyboard and mouse. The displays are to be 52” or larger flat panel 1920x1080p LCD monitors. They will be mounted with custom mounts to the face of the current monitor wall Example: Qty (2) Miranda KXA-FR4 4RU processing frame, Qty (2) Miranda KXO-Dual dual head output module, Qty (2) Miranda KXI-16HSV 16 input multiformat module, Qty (2) Miranda Kaleido-RCP2 remote control and (4) Samsung LN-T5265FX or functional equivalent.

Multi-Format Video/Audio Patching Equipment The video patching equipment must be capable of passing HD/SD SDI and NTSC analog signals. The units will be a 2RU rackmount frame with 32 dual normal through video jacks. The audio patch panels must be capable of passing AES digital and analog audio signals. The audio router patch panel will be a 2RU rackmount frame with 32 dual stereo audio bantam jacks. The terminal audio patch panel will be a 2RU preconfigured 48 position bantam panel. Video/Audio patch cords are to be provided for above panels in quantities specified below. In addition, color coordination to match signal cable colors are to be provided. Example: Quantity (6) ADC PPI2232MVJT video patch panel, Quantity (2) ADC VP2232-BANQCP-B audio patch panel and Quantity (2) ADC PPB3-18MKIVNS audio patch panel. Quantity (12) ADC BK2-STM video patch cord, Quantity (12) ADC B22B dual audio patch cord, Quantity (4) ADC B2B audio patch cord.

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SECTION 2SCHEDULE OF PROPOSAL PROCESS

The University wishes and plans, if possible, to adhere to the following schedule:

DATE: ACTION:

1/14/08: RFP forwarded to service providers that have expressed an interest.

1/21/08: Deadline for submittal of questions or requests for clarification by potential Respondents prior to pre-submittal meeting.

1/28/08: Mandatory pre-submittal meeting held to discuss any required clarifications to the solicitation and HUB Subcontracting Plan information . 1/28/08, 9:00am, Alkek Library, Room 157.

2/4/08: Addendum for addressing questions or clarifications resulting from the pre-submittal meeting issued to known potential Respondents.

2/18/08: Written responses must be received by the University on or before 4:00p.m. Central Standard Time. Proposals should be presented in the format described in the Section below titled “Form of Proposal”.

2/25/08: Discussions with one or more selected Respondents regarding their response(s).

2/29/08: Submittal(s) of “Best and Final Offers” by selected Respondents.

3/7/08: Recommendation of evaluation team for award of contract(s).

3/17/08: Approval of contract award recommendation obtained from Texas State University System Chancellor.

3/18/08: Contract(s) for Work executed.

4/15/08: Drawings submittal due.

6/2/08: Required start date for installation.

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8/4/08: Completion of Work

NOTE: This schedule may be adjusted, modified or changed at the sole discretion of the University, if it is determined to be in the University’s best interests to do so.

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RFP NUMBER: 08-MP11

SECTION 3GENERAL INFORMATION

3.1 Submittal Deadline and Location

(a) All proposals must be received by Texas State at the designated location no later than the time and date specified in this solicitation.

(b) Proposals are to be submitted to: Texas State University-San MarcosInstructional Technologies Support601 University Drive, Alkek 108San Marcos, TX 78666-4616

Late offers properly identified will be returned to Respondent unopened. Late offers will not be considered under any circumstances.

3.2 Submittal Instructions

(a) Proposals including Execution of Offer (Section 5) must be signed by Respondent’s company official or representative authorized to commit such proposals and bind the Respondent in the event of a contract award. Failure to sign the Execution of Offer may be basis for proposal disqualification.

(b) An original and two (2) copies of your complete proposal response is required.

(c) Proposal package (envelope/box/carton) must indicate on the lower left-hand corner: the Respondent’s company name, the proposal opening date, and RFP number.

(d) Telephone and/or facsimile (Fax) responses to this RFP are not acceptable.

3.3 Texas State Contacts

Any questions, request for clarifications or concerns regarding this Request for Proposal (RFP) shall be directed in writing to:

Texas State University-San MarcosATTN: Michael PaynterOffice of Instructional Technologies Support601 University Drive, Alkek 108San Marcos, Texas 77666-4616



e-mail: [email protected]: (512) 245-3168

Texas State requests that Respondents restrict all contact and questions regarding this RFP to the above named individual.

3.4 Inquiries and Interpretations

Responses to inquiries which directly effect an interpretation or make material change to this RFP will be issued in writing by addendum (amendment) and mailed and or faxed to all parties recorded by Texas State as having received a copy of the RFP. All such addenda issued by Texas State prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge specific receipt of each in his/her proposal response.

Only those Texas State replies, which are made by formal written addenda, shall be binding. Oral and other informal interpretations or clarifications will be without legal effect.

3.5 Terms and Conditions

The following Section 4 represents the contract format used by Texas State for engaging services. Prior to providing any services or incurring any costs, the successful Respondent (service provider) will be required to execute a contract using the language as shown without additions or deletions, save specific provider identification, related scope of work and agreed upon fee schedule. No changes to the agreement will be considered and it is recommended proposed bidder find the contract terms acceptable prior to submission of response to this RFP.

The Respondent should note that there are constitutional and statutory limitations on the authority of University (a State agency) to enter into certain terms and conditions of a Contract or Agreement (collectively, the “Limitations”), including, but not limited to:

those terms and conditions relating to liens on University’s property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers

and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or

settlement to another party; liability for acts or omissions of third parties; payment of attorneys’ fees; dispute resolution; indemnities; and, confidentiality.

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Terms and conditions related to the Limitations will not be binding on University except to the extent authorized by the laws and Constitution of the State of Texas.

Section 4 is a Sample Only. Do not attempt to complete this section. This section is intended to give all potential Respondents the contract language that will be used with the successful respondent(s).

By signing the Execution of Offer in Section 5, Respondent is accepting the terms and conditions which will become a part of any resulting contract.

3.6 Confidential or Proprietary Information

University 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 after a contract is awarded under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.). Any or all information, documentation, and other material provided in connection with this solicitation, or any resulting contract, may be subject to public disclosure as noted above.

Any part of this solicitation response that, in the opinion of the Respondent, is of a proprietary or confidential nature must be clearly, specifically and prominently marked as such by the Respondent; however merely indicating or marking in no way guarantees that the State shall view the furnished information as such regardless of how it is identified.

Respondents are hereby notified that the University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of RFP information.

3.7 Right To Not Make An Award, Waive Formalities or Technicalities

University makes no guarantee that an award will be made as a result of this solicitation, and reserves the right to accept or reject any or all responses, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this solicitation or resulting contract when deemed by the University to be in its best interest.

Representations made within the response will be binding on responding firms. University will not be bound to act by any previous communication or response submitted other than in response to this solicitation.

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SECTION 4

(SAMPLE CONTRACT)

GENERAL TERMS AND CONDITIONS

SERVICES AGREEMENTBETWEEN

TEXAS STATE UNIVERSITY-SAN MARCOSAND

SERVICE PROVIDER

This agreement (“Agreement”) is made and entered into by and between Texas State University-San Marcos (“Texas State” or “University”) and (“Provider”).

University and Provider agree as follows:

1. SCOPE OF WORK.

A. The scope of the services (“Work”) and the time for performance thereof, is set forth in Exhibit A attached to, and made a part of, this agreement for all purposes.

B. Upon execution of this agreement, all services previously performed by Provider on behalf of the University and included in the description of the Work, shall become part of the Work subject to the terms and conditions of this contract.

2. TIME FOR COMMENCEMENT AND COMPLETION.

A. Time is of the essence in this Agreement and Provider shall complete all authorized Work in accordance with the time for performance described for the Work, and in a minimum of time consistent with the highest customs, standards and practices of Provider’s business or profession.

B. Provider will commence and substantially complete the Work as set forth in Exhibit A.

3. PAYMENT TERMS

A. University will pay for Work performed under this agreement in accordance with Texas Government Code, section 2251 “Prompt Payment”.

B. For the satisfactory performance of the Work, the University shall pay Provider an amount not to exceed that described in Exhibit B, attached to and made a part of this agreement for all purposes.

C. The amount due to Provider upon receipt of an invoice that details the date of

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service, describes the Work performed, and provides supporting documentation for reimbursable expenses relating to the Work. The Provider must sign the invoice and submit it to University at the address specified in Section 7.G below.

D. The University will pay for authorized travel related expenses in accordance with State of Texas Travel Guidelines.

4. DEFAULT AND TERMINATION.

A. If a party substantially fails to perform in accordance with the terms of this agreement, the other party may terminate this Agreement upon fifteen days written notice of termination setting forth the nature of the failure. The termination shall not be effective if the failure is fully cured prior to the end of the fifteen-day period.

B. University may, without cause, terminate this Agreement at any time upon giving thirty days advance notice to Provider. Upon termination pursuant to this paragraph, Provider receive payment for the services satisfactorily performed from the time of the last payment date to the termination date, provided Provider shall have delivered to University a final report describing the work completed to the date of termination. University shall not reimburse Provider for any services performed or expenses incurred after the date of termination notice.

5. PUBLIC INFORMATION

A. Information provided to Provider by the University, including information from representatives of The Texas State University System (TSUS) or any of its components, and information provided to Provider by members of the public or any other third party shall belong to the University.

B. Information created or otherwise produced by Provider shall remain the exclusive property of Provider. Provider acknowledges any final report or papers will be provided in accordance with this agreement, and that any information contained in any report or papers, which Provider believes is confidential under Texas law will be clearly designated as such by Provider.

C. If the University receives a request for public information for any portion of any final report or papers that have been designated by Provider to be confidential, the University will provide notice to Provider and Provider may submit a brief to the Office of the Attorney General, as provided by Chapter 552, Tex. Govt. Code.

6. ALTERNATIVE DISPUTE RESOLUTION

The parties will use the dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by University and Provider to attempt to resolve any claim for breach of contract made by the Provider:

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A. A Provider’s claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Texas Government Code. To initiate the process:

1. Provider shall submit written notice, as required by subchapter B, to the University’s representative named in section 7.G.

2. This notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked.

3. A copy of the notice shall also be given to all other representatives of University and Provider otherwise entitled to notice under the parties’ contract.

4. Compliance by Provider with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code.

B. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is Provider’s sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by University if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph.

C. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by University nor any other conduct of any representative of University relating to the contract shall be considered a waiver of sovereign immunity to suit.

D. The submission, processing and resolution of Provider’s claim is governed by the published rules adopted by the Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended.

E. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by Provider, in whole or in part.

F. The designated individual responsible on behalf of University for examining any claim or counterclaim and conducting any negotiations related thereto as required under §2260.052 of the Texas Government Code shall be University’s representative named in section 7.G.

7. MISCELLANEOUS

A. Provider agrees to indemnify and hold harmless the University from any

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claim, damage, liability, expense or loss arising out of Provider’s performance under this Agreement.

B. Provider shall neither assign its rights nor delegate its duties under this Agreement without the prior written consent of the University.

C. Provider shall be an independent contractor, and neither Provider nor any employee of Provider shall be deemed to be an agent or employee of the University. As an independent contractor, Provider will be solely responsible for determining the means and methods for performing the services described. Provider shall observe and abide by all applicable laws and regulations, policies and procedures, including but not limited to, those of the University relative to conduct on its premises.

D. This Agreement (including Exhibits A and B) constitutes the sole agreement of the parties and supersedes any other oral or written understanding or agreement. This Agreement may not be amended or otherwise altered except upon the written agreement of both parties.

E. This Agreement shall be construed under the laws of the State of Texas, and venue for any action brought hereunder shall be Hays County, Texas.

F. Provider certifies that, upon the effective date of this Agreement, Provider is not delinquent in payment of State of Texas corporate franchise taxes. Provider agrees that any false statement with respect to franchise tax status shall be a material breach hereof and University shall be entitled to terminate this Agreement upon written notice to the Provider.

G. Any written notice required by this agreement shall be mailed to the attention of the Authorized Representative at the address listed below: (Address for University as appropriate for Section 3.B above and any other address for reporting as University may request).

University Provider

Attn: Attn: Texas State University-San Marcos

601 University Drive, JCK #

San Marcos, Texas, 78666-4616

H. If Provider signed its Proposal with a false statement, or signs this Contract with a false statement, or it is subsequently determined that Provider has violated any of the representations, warranties, guarantees, certifications or affirmations included in this Contract, Provider shall be in default under the Contract and the University may terminate or void the Contract for cause and pursue other remedies available under the Contract and applicable law.

I. Except as otherwise provided, neither Provider nor University, shall be liable

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to the other for any delay in, or failure of performance, of a requirement contained in this Contract caused by Force Majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed, provided the non-performing party exercises all reasonable due diligence to perform.

J. “Force Majeure” is defined as acts of God, war, strike, fires, explosions, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing with proof of receipt within three business days of the existence of such Force Majeure or otherwise waive this right as a defense.

K. Provider represents and warrants that the Provider has no actual or potential conflicts of interest in providing services to the University under this Contract and that Provider’s provision of services under this Contract would not reasonably create an appearance of impropriety.

IN WITNESS WHEREOF, the parties have signed this agreement on the date indicated below their signatures.

Texas State University-San Marcos Provider

(Signature) (Signature)

(Title) (Title)

(Date) (Date)

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4.1 Exhibit A

SCOPE OF WORK

The vendor shall remove the existing video and audio routers, control panels and analog cabling connection the routers to existing analog equipment.

The vendor shall furnish and install digital video, analog audio routers and control panels studio control room video monitoring; quality control video and audio monitoring station; test signal generator, sync and distribution that have the capability of being expanded, programmed and re-configured as the needs of the owner grow and change. The vendor shall replace all existing analog source/destination cable within the equipment room with new HD capable cable. The vendor shall utilize the existing audio, video and computer equipment signals as sources and destinations.

The vendor shall furnish and install new HD cabling to replace the existing analog cabling between the router and all new and existing equipment.

The vendor shall verify correctness of parts list and equipment model numbers and conformance of each component with the performance specified herein.

The vendor shall generate all drawings and information necessary for the complete installation and wiring of the system. He shall provide the on site installation and wiring, and shall provide on-going supervision and coordination during the entire project.

The vendor shall be responsible for initial adjustment of the systems as herein prescribed and shall provide all test equipment for the system checkout and acceptance tests.

The vendor shall perform all assembly of equipment, wiring and interconnection of wires to jacks, devices, terminals or equipment, using technical employees only who are experienced on the installation of audio/visual systems. Upon completion of the work, but prior to final system acceptance by the buyer's authorized representative, the vendor shall deliver to the buyer the following in electronic and hard copy form:1. A complete and correct as-built system schematic for all parts of the systems which shall include wire numbers, terminal block numbers and layouts and other designations and codes2. Record drawings showing all parts of the systems.3. Repair parts lists for each and every equipment item furnished.4. Service manuals for each major item furnished.5. Manufacturer's operating instructions for each and every equipment item furnished.

Installation date(s), time and room locations are to be coordinated with agency technical contact and buyer. Installation must be completed by, August 4, 2008 unless prior arrangements have been made with buyer's technical contact in writing.

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EXHIBIT B

1.1 FEES AND EXPENSES

1. The total costs of services rendered by Provider, including expenses, shall not exceed $ .

2. Billing Rates:

3. Expenses: Provider shall bill University for all reasonable and documented out-of-pocket expenses actually incurred in performing the Work described in Exhibit A.

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RFP NUMBER: 08-MP11

SECTION 5EXECUTION OF OFFER

DATE:

In compliance with this solicitation, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services at the prices quoted.

Proposer Affirmation

Signing this “Execution of Offer” with a false statement is a material breach of contract and shall void the submitted proposal or any resulting contracts, and the Respondent may be removed from all solicitation lists. By signature hereon affixed, the Respondent hereby certifies that:

1. The Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted proposal.

2. The Respondent is not currently delinquent in the payment of any franchise tax owed the State of Texas.3. Pursuant to Section 2155.004 Government Code, relating to collection of state and local sales and use taxes, the proposer

certifies that the individual or business entity named in this proposal is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

4. Neither the Respondent nor the firm, corporation, partnership or institution represented by the proposer, or anyone acting for such firm, corporation or institution has violated the antitrust laws of this State, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business.

5. The Respondent has not received compensation for participation in the preparation of the specifications for this Invitation for Proposal.

6. The Respondent shall 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, from any acts or omissions of proposer or any agent, employee, subcontractor of Respondent in the execution or performance of this purchase order.

7. Respondent agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

8. Respondent certifies that they are in compliance with section 618.003 of the Government Code, relating to contracting with executive head of a State agency. If section 618.003 applies, proposer will complete the following information in order for the proposal to be evaluated:

Name of Former Executive:

Name of State Agency:

Date of Separation from State Agency:

Position with Proposer:

Date of Employment with Proposer:

9. Respondent agrees to comply with Government Code 2155.4441, pertaining to service contract use of products produced in the State of Texas.

Texas Family Code Section 231.006

Ineligibility to Receive State Grants or Loans, or Receive Proposals or Payments on State Contracts.

1. A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to:

a. receive payments from state funds under a contract to provide property, materials, or services: orb. receive a state-funded grant or loan.

2. A child support obligor or business entity ineligible to receive payments under Subsection (a) remains ineligible until:a. all arrearages have been paid; orb. the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency.

3. Pursuant to Section 231.006 (c), Family Code, proposal should include name and Social Security number of each person with at least 25% ownership of the business entity submitting the proposal. Proposers that have pre-registered this information on the GSC Centralized Master Proposers List have satisfied this requirement. If not pre-registered, attach name & social security number for each person. Otherwise this information must be provided prior to contract award.

4. “Pursuant to Section 231.006, Family Code, re: child support, the proposer certifies that the individual or business entity named in this proposal is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”



5. If a state agency determines that an individual or business entity holding a state contract is ineligible to receive payment under Section (a) the contract may be terminated.

6. If the certificate required under Subsection (d) is shown to be false, the vendor is liable to the state for attorney’s fees, the costs necessary to complete the contract, including the cost of advertising and awarding a second contract, and any other damages provided by law or contract.

Substitute W-9

Texas State University-San Marcos requires all companies and individuals (not employees or students) to have a Substitute W-9 form on file. This form is needed for IRS compliance.

Step 1: Obtain the Substitute W-9 form from the Texas State Accounts Payable Office website at: http://www.txstate.edu/gao/ap/apforms.html

Step 2: Fill out the form completely, sign and mail the original to:

Texas State University-San Marcos Attn: Vendor MaintenanceFI Master Data Center601 University Drive, JCK # 560San Marcos, TX. 78666-4616

All vendors are encouraged to sign up for direct deposit. The direct deposit form is located at:http://www.txstate.edu/gao/ap/apforms.html

Signature, Individual/Firm Information and Texas Identification Number (TIN)

Respondent represents and warrants that the individual signing is authorized to sign this document on behalf of Respondent and to bind Respondent under any contract resulting from this Proposal.

The person signing the proposal should show title or authority to bind his/her firm in contract. Failure to manually sign proposal will disqualify it. If Respondent signs with a false statement or signs any resulting contract with a false statement or it is subsequently determined that Respondent has violated any of the representations, warranties, guarantees, certifications or affirmations included in the contract, Respondent shall be in default under the Contract and the University may terminate or void the Contract for cause and pursue other remedies available under the Contract and applicable law.

Proposal should give full firm name and address of Respondent, Texas Identification Number (TIN) (Formerly Vendor ID (VID), or Payee Identification Number(PIN) ). The Texas Identification Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. Enter this number in the spaces provided on the Execution of Offer. Sole Owner should also enter Social Security No. (SSN).

This offer consists of pages number (1) through _____.

Signature/Date (INK):

Name (Typed/Printed):

Title:

Proposer/Company:

Texas Identification Number (TIN):

Sole Owner should also enter Social Security No. (SSN):

Street:

City/State/Zip:

Telephone No.: ( ) ______- ______________ Fax No.: ( ) ______- ______________

E-mail:

THIS SHEET MUST BE SIGNED, COMPLETEDAND RETURNED WITH RESPONDENT’S PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET WILL RESULT IN THE

REJECTION OF YOUR PROPOSAL.

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http://www.txstate.edu/gao/ap/apforms.html

http://www.txstate.edu/gao/ap/apforms.html


EXECUTION OF OFFER(continued)

Other preferences as defined in Rule 1 TAC Title 34, Part 1, Chapter 20, Subchapter C, Rule 20.38 (check any that are applicable):

( ) Supplies, materials or equipment produced in TX/offered by TX bidder*( ) Agricultural products produced or grown in TX( ) Agricultural products and services offered by TX bidders*( ) USA produced supplies, materials or equipment( ) Products of persons with mental or physical disabilities( ) Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel( ) Energy Efficient Products( ) Rubberized asphalt paving material( ) Recycled motor oil and lubricants( ) Products produced at facilities located on formerly contaminated property( ) Products and services from economically depressed or blighted areas( ) Vendors that meet or exceed air quality standards

IF CLAIMING ANY PREFERENCES LISTED ABOVE, FOR THE PREFERENCE TO APPLY, THIS SHEET MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.

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Documents

TEXAS A&M UNIVERSITYbids.centerdigitalgov.com/NAV_EJJ_1-15-2008_00009_99… · Web viewThe sync generator module must also have a word clock audio sync signal for any audio conversion