Campus Master Plan #BHSU11212022 Final.pdf

BLACK HILLS STATE UNIVERSITY

REQUEST FOR PROPOSAL

RFP BHSU11212022

Proposals due to: Proposals must be received by:

Barb Mustard 2:00 PM MST, December 16, 2022 Barbara.mustard@sdsmt.edu

RFP Procurement Officer – Point of Contact Barb Mustard 605-394-2228 Barbara.mustard@sdsmt.edu

Note: Proposals must be delivered in electronic format via email.

RFP Contact – all questions and communications must be routed to Barb Mustard as shown above.

The person designated above shall be the only point of contact during the RFP process. To ensure the integrity of the RFP process, prospective offerors are advised not to contact anyone else unless directed by Barb Mustard.

Issue Date: November 21, 2022 mailto:Lorraine.Talks@bhsu.edu

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

Black Hills State University is issuing a Request for Proposal (RFP) to solicit proposals from experienced and qualified firms for professional design services for an updated master plan for the Black Hills State University campus in Spearfish, SD.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

Black Hills State University is the issuing office for this document and all subsequent addenda relating to it. The reference number for the transaction is RFP #BHSU11212022. This number must be referred on all proposals, correspondence, and documentation relating to the RFP.

1.3 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Released – Monday, November 21, 2022

Intent to Respond to RFP Due from Vendor – Monday, December 5, 2022

Questions due to BHSU – Wednesday, December 7, 2022

Responses due from BHSU – Monday, December 12, 2022

Proposals Due to BHSU – Friday, December 16, 2022, by 2:00 p.m. MST

Review/Contract Negotiation/Award – Wednesday, December 28, 2022

SUBMITTING YOUR PROPOSAL

All completed proposals must be received by Black Hills State University by 2:00 p.m. MST on Friday, December 16, 2022. Proposals received after the deadline will be late and ineligible for consideration.

One electronic copy in PDF format should be submitted to Barbara.mustard@sdsmt.edu.

All proposals must be signed by an officer of the responder legally authorized to bind the responder to the proposal. Proposals that are not properly signed may be rejected. The email subject must be marked with the appropriate RFP Number and Title.

No proposal shall be accepted from, or no contract or purchase order shall be awarded to, any person, firm, or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

1.4 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY, AND VOLUNTARY EXCLUSION – LOWER TIER

COVERED TRANSACTIONS

By signing and submitting this proposal, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the vendor is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.5 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the vendor certifies they do not orientation, ancestry, citizenship, gender, transgender, sexual orientation, religion, age, or disability.

1.6 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the vendor prior to the established due date and time.

1.7 VENDOR INQUIRIES

Vendors may make email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Email inquiries must be sent to Barbara.mustard@sdsmt.edu with the subject line “RFP#BHSU11212022”.

Black Hills State University will respond to vendor’s inquiries (if required) via e-mail. All vendors will be informed of any inquires and Black Hills State University’s response. Vendors may not rely on any other statements, either of a written or verbal nature, that alter any specification or other term or condition of this RFP. Vendors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.8 PROPRIETARY INFORMATION

The proposal of the successful vendor(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statement. Pricing and service elements are not considered proprietary. An entire proposal may not be marked as proprietary. Vendors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of Black Hills State University. All materials submitted become the property of Black Hills State University and may be returned only at Black Hills State University’s option.

1.9 LENGTH OF CONTRACT

This master agreement will continue for up to one year. Either party may terminate the master agreement prior to the completion of the one-year term upon thirty days written notice to the other party.

1.10 GOVERNING LAW

This Master Agreement, and any consulting contract arising under it, shall be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or arising out of this Master Agreement, or any consulting contract arising under it, shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

1.11 DISCUSSIONS WITH VENDORS (VERBAL PRESENTATION AND

NEGOTIATIONS)

A verbal presentation by a vendor to clarify a proposal may be required at the sole discretion of Black Hills State University. However, Black Hills State University may award a contract based on the initial proposals received without discussion with the Vendor. If verbal presentations are required, they will be scheduled after the submission of proposals. Verbal presentations will be made at the vendor’s expense.

2.0 SCOPE OF WORK

Black Hills State University is issuing a Request for Proposal (RFP) for experienced and qualified firms for professional design services for an updated master plan for the Black Hills State University campus in Spearfish, SD. The selected firm will provide a final document including narrative text, charts, and an illustrative campus plan drawing. This document will be used as a record of the University’s planning process and strategic intents and to guide continuing capital development and advancement purposes.

A proposed timeline shall be included with the proposal which identifies a project completion including deliverables no later than June 1, 2023. BHSU will provide the following documents to help in the preparation of the campus master plan final document:

(a) recent strategic plan documents, (b) updated campus drawing file, and (c) previous master plan documents.

Project budget is $75,000 and is negotiable if firm identifies specific deliverables desired by institution as options beyond identified budget.

3.0 STANDARD CONSULTING CONTRACT TERMS & CONDITIONS

These services will require a South Dakota consulting contract that will outline the scope of services and pricing agreement by and between the Contractor and Black Hills State University. This contract is required under South Dakota law and documents the agreement between each party on each of their duties and responsibilities.

Any contract or agreement resulting from this RFP will include the state’s standard terms and conditions as listed below, along with any additional terms and conditions as negotiated by the parties:

3.1 The Contractor will perform those services described in the Work Plan, which will be attached to the contract as Exhibit A and incorporated by reference. The Contractor’s response to this RFP shall be considered part of the Work Plan.

3.2 The services to be provided under the contract shall commence and terminate on mutually agreed upon dates. Terms for early termination shall be included in the agreement as negotiated by the parties.

3.3 The terms of the agreement shall state whether or not the Contractor will use Black Hills State University equipment, supplies or facilities. If the Contractor will use Black Hills State University equipment, supplies, or facilities, the scope and conditions of such use will be clearly indicated in the agreement.

3.4 Unless otherwise negotiated and agreed upon by the parties, Black Hills State University will make payment in compliance with the Prompt Payment Act, SDCL 5-26 for services provided under the contract.

3.5 The agreement shall indicate whether or not Black Hills State University shall have the option to renew the agreement. If a renewal option is specified, Black Hills State University shall have the option to renew the agreement (unless otherwise modified by a special contract term, condition, or specification), under the same terms and conditions, for one (1) year intervals. Notice of intent to renew shall be given by Black Hills State University to the Contractor as mutually agreed upon prior to the end of the current contract term. If the notice of intent to renew is given, the Agreement shall renew unless terminated by either party pursuant to the Termination Provision of the Agreement.

3.6 The Contractor agrees to indemnify and hold the State of South Dakota, its officers, agents, and employees, harmless from and against any and all actions, suits, damages, liability or other proceedings that may arise as the result of performing services hereunder. This section does not require the Contractor to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents, and employees.

3.7 The Contractor, at all times during the terms of the Agreement, shall obtain and maintain in force insurance coverage of the types and the limits as follows:

A. Commercial General Liability Insurance:

The Contractor shall maintain occurrence based commercial general liability insurance or equivalent from with a limit of not less than $1,000,000 for each occurrence and $2,000,000 aggregate.

B. Worker’s Compensation Insurance:

The Contractor shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota law. Before beginning work under the Agreement, the Contractor shall furnish Black Hills State University with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement and which provide that such insurance may not be canceled, except on 30 days’ prior written notice to Black Hills State University. The Contractor shall furnish copies of insurance policies if requested by Black Hills State University.

3.8 While performing services under agreement with Black Hills State University, the Contractor is an independent contractor and not an officer, agent, or employee of Black Hills State University.

3.9 Contractor agrees to report to Black Hills State University any event encountered in the course of performance of this Agreement which results in injury, or death, to the person or property of third parties, or which may otherwise subject Contractor or Black Hills State University to liability. Contractor shall report any such event to Black Hills State University immediately upon discovery.

Contractor’s obligation under this section shall only be to report the occurrence of any event to Black Hills State University and to make any other report provided for by their duties or applicable law. Contractor’s obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to Black Hills State University under this section shall not excuse or satisfy any obligation of Contractor to report any event to law enforcement or other entities under the requirement of any applicable law.

3.10 Termination Provision: The Agreement may be terminated by either party by providing written notice as mutually agreed and specified in the Agreement. In the event the Contractor breaches any of the terms or conditions of the Agreement, the Agreement may be terminated by Black Hills State University at any time with or without notice. If termination for such a default is effected by Black Hills State University, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to Black Hills State University because of Contractor’s default. Upon termination Black Hills State University may take over the work and may award another party an agreement to complete the work under the Agreement. If after Black Hills State University termination for a default by Contractor it is determined that Contractor was not at fault, then the Contractor shall be paid for eligible services rendered and expenses incurred up to the date of termination.

3.11 The Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for the intended purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, the Agreement will be terminated by Black Hills State University. Termination for any of these reasons is not a default by Black Hills State University nor does it give rise to a claim against Black Hills State University.

3.12 The Agreement may not be assigned without the express prior written consent of Black Hills State University. This Agreement may not be amended except in writing, which writing shall be expressly identified as a part thereof and be signed by an authorized representative of each of the parties thereto.

3.13 The Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or affecting the

Agreement shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

3.14 The Contractor will comply with all federal, Black Hills State University and local laws, regulations, ordinances, guidelines, permits, and requirements applicable to providing services pursuant to the Agreement, and will be solely responsible for obtaining current information on such requirements,

3.15 In the event any court of competent jurisdiction shall hold any provision of the Agreement unenforceable or invalid, such holding shall not invalidate or render unenforceable any other provision thereof.

3.16 All other prior discussions, communications, and representations concerning the subject matter of the Agreement are superseded by the terms of the Agreement, and except as specifically provided therein, the Agreement constitutes the entire agreement with respect to the subject matter thereof.

3.17 Any notice or other communication required under the Agreement shall be in writing and sent to the appropriate address and individuals indicated in the Agreement, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties shall be deemed to have been delivered when received via email.

3.18 The Contractor may not use subcontractors to perform the services described in the Agreement without the express prior written consent of Black Hills State University. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of the Agreement, to indemnify Black Hills State University, and to provide insurance coverage for the benefit of Black Hills State University in a manner consistent with the Agreement. The applicable federal, state and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance.

4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 The vendor is cautioned that it is the vendor’s sole responsibility to submit information related to the evaluation categories and that Black Hills State University is under no obligation to solicit such information if it is not included with the proposal. The vendor’s failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.2 Vendor’s Contacts: Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP must be referred to our contact.

Vendors and their agents may not contact any Black Hills State University employee other than the contact person of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Vendors and their agents who have questions regarding this matter should contact the contact person of record.

4.3 The vendor must submit a copy of their most recent audited financial statements if requested by BHSU.

4.4 Provide the following information related to at least three previous and current service/contracts, performed by the vendor’s organization, which are similar to the requirements of this RFP. Provide this information for any service/contract that has been terminated, expired, or not renewed in the past three years.

a. Name, address, and telephone number of client/contracting agency and a representative of that agency who may be contacted for verification of all information submitted;

b. Dates of the service/contract; and

c. A brief, written description of the specific prior services performed and requirements thereof.

4.5 Personnel Qualifications; Provide a list of personnel to be used on this project and their qualifications. Provide resumes, including education, background, accomplishments, and any other pertinent information for each of the key personnel to be assigned for direct work on the project.

4.6 Relevant Company Experience: This subsection should include the following:

a. Your firm’s experience in providing professional design services specifically for master plan purposes.

5.0 PROPOSAL RESPONSE FORMAT

5.1 The vendor should provide one (1) copy of their entire proposal, including all attachments in PDF electronic format via email to Barbara.mustard@sdsmt.edu The proposal should be page numbered and should have an index and/or a table of contents referencing the appropriate page number.

5.2 All proposals must be organized and tabbed with labels for the following headings:

5.2.1 RFP Form. Black Hills State University Request for Proposal form completed and signed.

5.2.2 Executive Summary. The one or two page executive summary is to briefly describe the vendor’s proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the vendor. The reader should be able to determine the essence of the proposal by reading the executive summary. Proprietary information requests should be identified in this suction.

5.2.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

5.2.3.1 A Complete narrative of the vendor’s assessment of the work to be performed, the vendor’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the vendor’s understanding of the desired overall performance expectations.

5.2.3.2 A specific point-by-point response, in the order listed, to each requirement in the RFP. The response should identify each requirement being addressed as enumerated in the RFP.

5.2.3.3 A clear description of any options or alternatives proposed.

5.2.4 Cost Proposal. Your proposal must be clear and concise. It needs to include everything that was asked for in the RFP. Vendors may submit multiple proposals as long as the differences are clear to the evaluation team. All costs related to the provision of the required services must be included in each cost proposal offered. This is the section where you will explain what benefits BHSU will receive from this project.

6.0 PROPOSAL EVALUATION AND AWARD PROCESS

6.1 After determining that a proposal satisfies the mandatory requirements of Black Hills State University in the Request for Proposal, the evaluator(s) shall use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria. Each criteria identifies the number of points available for ranking:

30 points - Total cost

10 points – Familiarity with and availability to project locale

30 points – Resources available to perform the work within the specified time limits of the project and specialized expertise to complete the work.

30 points – Quality of work, including review of other master plan final documents

6.2 Experience and reliability of the vendor’s organization are considered subjectively in the evaluation process. Therefore, the vendor is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

6.3 The qualifications of the personnel proposed by the vendor to perform the requirements of this RFP, whether from the vendor’s organization on from a proposed subcontractor, will be subjectively evaluated. Therefore, the vendor should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel.

6.4 Black Hills State University reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of Black Hills State University.

6.5 Award: Black Hills State University and the highest ranked offeror shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule.

6.5.1 If Black Hills State University and the highest ranked offeror are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to Black Hills State University, Black Hills State University shall, either verbally or in writing, terminate negotiations with the contractor. Black Hills State University may then negotiate with the next highest ranked contractor.

6.5.2 The negotiation process may continue through successive offerors, according to Black Hills State University ranking, until an agreement is reached, or Black Hills State University terminates the contracting process.

RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five or more employees who enter into a contract with the State of SD that involves the expenditure of $100,000 or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

RFP SUBMITTAL FORM

BLACK HILLS STATE UNVERSITY

1200 UNIVERSITY ST. UNIT 9505

SPEARFISH, SD 57799

CAMPUS MASTER PLAN RFP #BHSU11212022

ELECTRONIC PROPOSALS DUE 2:00 PM MST, DECEMBER 16, 2022

FIRM

NAME:

AUTHORIZED

SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STAT

E:

TELEPHONE

NO:

ZIP CODE FAX NO:

FEDERAL TAX

ID#: E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT

NAME:

TELEPHONE

NO:

FAX NO: E-MAIL:

I certify that I am a duly authorized representative of the firm listed above, that the information and materials enclosed with this proposal accurately represent the capabilities of the firm to provide the services indicated in compliance with the requirements of the solicitation. Black Hills State University is hereby authorized to request from any individual any pertinent information deemed necessary to verify information regarding capacity of the firm, for purposes of determining responsiveness of the proposal, or responsibility of the firm as a prospective contractor.

I hereby acknowledge receipt of Black Hills State University Request for Proposals BHSU11212022 and certify that this proposal conforms to the requirements of the RFP except as noted below. (If none, write “NONE”.) List specific exceptions, if any, below by page, paragraph, and line references. Attach additional pages as necessary. Do not submit Offeror’s terms and conditions as blanket terms and conditions in this RFP document. Doing so may cause the offer to be declared non-responsive.

PRIMARY CONTACT INFORMATION