Construction Inspection and Project Management Services-RFSQ.pdf

RFSQ-2027-002

Professional Consulting Services

Request for Statement of Qualifications for

CONSTRUCTION INSPECTION AND

PROJECT MANAGEMENT SERVICES FOR NANCE FARM

RFSQ-2027-002

Issued: November 3, 2026

SUBMISSION DEADLINE:

****** Friday, December 4, 2026, at 11:00 AM Local Time *******

NO LATE SUBMISSION SHALL BE ACCEPTED

RESPONSES SHALL BE DELIVERED TO:

CITY OF DESOTO

DEVELOPMENT SERVICES DEPARTMENT

Engineering Division 211 E Pleasant Run Road DeSoto, Texas 75115

RESPONSES SHALL BE MAILED TO:

Engineering Division 211 E Pleasant Run Road DeSoto, Texas 75115

NON-MANDATORY PRE-SUBMITTAL

CONFERENCE WILL BE HELD:

Wednesday, November 18, 2026, at 2:00 PM

(CST)

Virtual Meeting – Click the link below for attending the Microsoft Teams meeting:

Join the Meeting Meeting ID: 261 323 720 839 060 5 Passcode: ot7AR28m

NAME AND ADDRESS OF COMPANY

SUBMITTING QUALIFICATION:

Contact Person:

Title: ___________________________________ Phone: ( )__________ Fax: ( )__________ Email: __________________________________

Signature:________________________________

Printed Name:

FOR ADDITIONAL INFORMATION

REGARDING THIS RFSQ CONTACT:

procurement@desototexas.gov

SUBMITTERS MUST RETURN THIS

COMPLETED COVER SHEET ALONG

WITH THE QUALIFICATION RESPONSE.

Will contract be available for Cooperative Contract use? (See Section 32, Page 13) Yes_____ No_____

Acknowledgment of Addenda: #1_______ #2 _______ #3 _______ #4 _______ #5 _______ https://teams.microsoft.com/meet/2613237208390605?p=sES8QzbXoNW5BlmKqV

Development Services Department

RFSQ-2027-002

CONSTRUCTION INPSECTION AND PROJECT MANAGEMENT

SERVICES FOR NANCE FARM

DATE DUE:

December 4, 2026, at 11:00 AM (CST)

This RFSQ will be opened at:

City of DeSoto Government Center

211 E Pleasant Run Road DeSoto, TX 75115

****SUBMISSION RECEIVED LATER THAN THE DATE AND

TIME ABOVE WILL NOT BE CONSIDERED****

Please submit in ONE (1) USB VERSION in sealed envelope. Be sure that return envelope shows the RFSQ Number, RFSQ Title, and is marked “SEALED RFSQ”.

PACKET / ENVELOP LABELED:

“RFSQ-2027-002 – CONSTRUCTION INSPECTION AND PROJECT

MANAGEMENT SERVICES FOR NANCE FARM”

RETURN/DELIVER SEALED RFSQ TO:

City of Desoto Government Center

Engineering Division 211 E Pleasant Run Rd, DeSoto, TX 75115

Request for Statement of Qualifications Contact Person:

Connor Mitchell, Purchasing Manager

CONTACT: CMitchell@desototexas.gov

TABLE OF CONTENTS

RFSQ Cover Sheet……………………………………………………………………… RFSQ Delivery Information Table of Contents Section 1 – Project Background, Overview, and Scope of Services......….….......….…....….…4-5 Section 2 – Schedule of Events Section 3 – Submission of Responses Section 4 – Delivery of Responses Section 5 – Proprietary Information Section 6 – Completion of Responses Section 7 – Clarifications and Issuance of Addendum Section 8 – Period of Acceptance Section 9 – Withdrawal of Submission Section 10 – Submittal Requirements Section 11 – Proposal Evaluation Process and Factors Section 12 – Selection Process Section 13 – General Information Section 14 – Negotiations Section 15 – Venue Section 16 – Award of Contract Section 17 – Contract Incorporation Section 18 – Contract Constraints and Conditions Section 19 – Change Orders/Contract Amendment Section 20 – General Provisions Section 21 – Errors or Omissions Section 22 – Termination Section 23 – Cost Incurred in Responding Section 24 – Payment Section 25 – Tax Exemption Section 26 – Non-Endorsement Section 27 – Unauthorized Communications Section 28 – Equal Opportunity in City Business Contracting Section 29 – Anti-Lobbying Provision Section 30 – Rights to Assurance Section 31 – Conflict of Interest Section 32 – Cooperative Purchasing Section 33 – Certificate of Interested Parties Form 1295 Section 34 – Changes in Company Name or Ownership Section 35 – Exclusive Possession Section 36 – Open Records Act and City’s Rights to Audit Attachments A. Addendum Acknowledgement……………………………………………………….……… 15 B. Conflict of Interest Disclosure Requirement C. Engagement and Previous Clients D. Business Information Form E. HB Forms F. Drug-Free Workplace Certification G. Project Location and Exhibit

REQUEST FOR STATEMENT OF QUALIFICATIONS

CONSTRUCTION INSPECTION AND PROJECT MANAGEMENT SERVICES FOR

NANCE FARM

The City of DeSoto is advertising this Request for Statements of Qualifications (RFSQ) to identify a qualified professional consulting firm to provide construction-phase inspection and project management services for the Nance Farm Project.

The selected firm will provide project management and construction oversight services necessary to support the City during the construction phase of the project. Services may include, but are not limited to, construction inspection, monitoring construction progress and quality, reporting, reviewing contractor invoices and pay applications for payment, reviewing construction materials and other testing or examination results, attending and facilitating construction progress meetings, reviewing and coordinating responses to Requests for Information (RFIs), evaluating field modifications and proposed change orders, maintaining project documentation and records, monitoring project schedules, assisting with resolution of construction-related issues or site specific conflicts, coordinating with the contractor, design consultant, and other project stakeholders, and providing other related construction management services as required.

The firm selected will work under the direction and oversight of City staff and will serve as an extension of City staff in the day-to-day management and inspection of construction activities.

City staff will retain overall responsibility and oversight of the consultant's work and the project.

Qualified firms with experience providing construction project management and inspection services for projects of similar scope and complexity are invited to submit their Statements of Qualifications (SOQ) in accordance with the requirements outlined in this RFSQ. The City will evaluate the submitted qualifications based on the evaluation criteria identified in the solicitation and select the firm determined to be the most suitable and qualified to provide the required project management services. The City aims to execute a project management service agreement with the selected consulting firm in January 2027.

1.0 PROJECT BACKGROUND, OVERVIEW, AND SCOPE OF SERVICES

Background and Overview The City of DeSoto previously adopted an updated Master Plan for Nance Farm to guide future improvements to the historic property and support its continued development as a cultural arts destination. Following adoption of the Master Plan, the City contracted with Rogers Partners to provide professional design services and prepare construction plans and specifications for the proposed improvements. Upon completion of the Phase 1 design, the City issued RFB-DEA-2601 to solicit construction bids for the Nance Farm Cultural Arts Center Project. Later, City executed a construction contract with the selected contractor for construction. The construction plan set and the published bid have been provided as attachment for reference and additional information.

As the project moves into the construction phase, the City is seeking a qualified consulting firm to provide construction project management and inspection services, including construction oversight, contract administration, schedule monitoring, and coordination with project stakeholders. The selected firm will work under the direction and oversight of City staff to support successful project delivery through construction completion and closeout. The firm would be responsible for day-to-day coordination with the contractor, design Architect, and City staff.

Scope of Services

The Consultant shall provide professional construction project management and inspection services for the Nance Farm Project. Services shall include construction inspection and oversight, review of each shop drawings, Product Data item, sample or similar submittal by the contractor, review of invoices and pay applications, participation in weekly progress and other necessary meetings to resolve issues, submission of weekly updates report for key items, coordination and review of Requests for Information (RFIs), field modifications and change orders, monitoring and tracking of schedule, progress, and budget, final inspection for acceptance, project documentation, and coordination with the contractor, design consultant, and other project stakeholders.

The selected firm shall work closely with City of DeSoto staff throughout the construction phase to facilitate compliance with the contract documents, project schedule, budget, and applicable requirements. Services shall continue through substantial completion, final acceptance, and project closeout. City staff will provide overall oversight and direction of the Consultant’s services.

2.0 SCHEDULE OF EVENTS

RFSQ Release Date ------------------------Tuesday, November 3, 2026 Pre-Submission Conference ---------------Wednesday, November 18, 2026, 2:00 PM (CST) Deadline for Questions ---------------------Monday, November 23, 2026, 5:00 PM (CST) RFSQ Due Date -----------------------------Friday, December 4, 2026, by 11:00 AM (CST) Contract Approval by the City Council---Exact Date To Be Determined

3.0 SUBMISSION OF RESPONSES

One (1) USB flash drive containing all response documents in pdf format shall be submitted in a sealed envelope. Failure to submit the required document in specified format and manner may result in the submission being declared unresponsive. Submitter’s name and address should be marked on the outside of the envelope. The responses must be inside a sealed envelope or container when submitted. Facsimile or email transmittals or offers communicated by telephone will not be accepted or considered. Response information that is not submitted in sealed envelope will not be considered.

Mail or Deliver Sealed Responses to the Following Address:

City of DeSoto Development Services Department - Engineering Division 211 E Pleasant Run Road, DeSoto, Texas 75115

4.0 DELIVERY OF RESPONSES

Responses must be received in the City of DeSoto’s Development Services Department no later than 11:00 AM, Friday, December 4, 2026. The submitting company is responsible for the means of delivering the responses to the location listed above on time. Delays due to any instrumentality used to transmit the responses including delay occasioned by the Submitter or the City of DeSoto’s internal mailing system will be the responsibility of the Submitter. Responses must be completed and delivered in sufficient time to avoid disqualification for lateness due to difficulties in delivery.

The time and date recorded in City of DeSoto Development Services Department is the official clock for determining whether submittals are submitted timely. Late Responses will not be accepted under any circumstances.

5.0 PROPRIETARY INFORMATION

If a Submitter does not desire proprietary information in the Responses to be disclosed, it is required to identify all proprietary information in the Responses. This identification will be done by individually marking each page with the words "Proprietary Information" on which such proprietary information is found. If the Submitter fails to identify proprietary information, it agrees that by submission of its Responses that those sections shall be deemed non-proprietary and made available upon public request.

Submitters are advised that the City, to the extent permitted by law, will protect the confidentiality of their Responses. Submitter shall consider the implications of the Texas Public Information Act, particularly after the RFSQ process has ceased and the Contract has been awarded. While there are provisions in the Texas Public Information Act to protect proprietary information, where the Submitter can meet certain evidentiary standards, please be advised that a determination on whether those standards have been met will not be decided by the City of DeSoto, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the Submitter, who may then request an opinion from the Attorney General pursuant to 552.305, Texas Government Code. The City will not make a request of the Attorney General.

6.0 COMPLETION OF RESPONSES

Information presented in the Responses will be used to evaluate the professional qualifications of the Submitter(s) and to determine the Submitter(s) which will be selected to provide professional services to the City.

Responses shall be completed in accordance with the requirements of this RFSQ. Statements made by a Submitter shall be without ambiguity, and with adequate elaboration, where necessary, for clear understanding.

7.0 CLARIFICATIONS AND ISSUANCE OF ADDENDUM

Any explanation, clarification, or interpretation desired by a Submitter regarding any part of this RFSQ must be requested from the Purchasing Division of the Finance Department, before the mentioned deadline for questions as referenced in Section 2.0 of this RFSQ.

If the City, in its sole discretion, determines that clarification is required, such clarification shall be issued in writing. Interpretations, corrections or changes to the RFSQ made in any other manner other than writing are not binding upon the City, and Submitters shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding.

Requests for explanations or clarifications should be submitted via Planetbids.com or Civcast.com or emailed to procurement@desototexas.gov. Emails must clearly identify the RFSQ Number and Title.

Any interpretations, corrections or changes to this RFSQ will be made by addendum. Sole issuing authority of addendum shall be vested in the City of DeSoto Purchasing Division of the Finance Department. Submitters shall acknowledge receipt of all addenda within the responses.

8.0 PERIOD OF ACCEPTANCE

Submitter acknowledges that by submitting the Statement of Qualification, Consultant submits its qualifications that, if accepted by the City, constitutes a valid and mutual understanding as to any and all items accepted in writing by the City. The period of acceptance of Statement of Qualification is one hundred and eighty (180) calendar days from the date of opening, unless the Submitter notes a different period.

9.0 WITHDRAWAL OF SUBMISSION

A representative of the company may withdraw a submission of responses at any time prior to the RFSQ submission deadline, upon presentation of acceptable identification as a representative of such company.

10.0 SUBMITTAL REQUIREMENTS

The Statement of Qualification (SOQ) shall include a maximum of ten (10) single-sided numbered pages to address the RFSQ criteria specified herein. Pages that have photos, charts and graphs will be counted towards the maximum number of pages. Please number all pages except those listed below as exempted from being numbered. Respondents are encouraged to use their format within the guidelines described in the RFSQ.

• Maximum page size for graphics: 11 inches by 17 inches

• Maximum page size for texts: 8.5 inches by 11 inches

• Minimum line spacing: 1

• Maximum line spacing: 1.5

• Font size 12-point Arial or Times New Roman or Calibri or very similar (except for documents prepared by others).

• Minimum margins: 1 inch on all sides.

Failure to comply with the following criteria may be grounds for disqualification:

• Receipt of submittal by the specified cut-off date and time;

• The number and means of the submittal specified;

• Adherence to maximum page requirements.

CONTENTS OF STATEMENT OF QUALIFICATIONS ARE AS FOLLOWS AND MUST

BE SUBMITTED AS REQUIRED

• Front cover

• Cover letter - A letter of interest addressed to the City Engineer summarizing the Firm’s understanding of the City’s project aspect and brief description of Firm’s qualification and experience to perform the work successfully (Page Limit 1)

• Table of contents (Page Limit 1)

• The completed submittals

• Resumes of the Project Manager and key professionals

• Signed addendum (if any)

• All the attachments followed by the addendum (if any)

• Back cover

The following pages will not be counted towards total page count and do not need to be numbered:

• The front and back covers

• The cover letter

• Table of contents

• The divider pages

• The resume pages for project manager and key professionals

• Any attached published and signed addenda pages

• Completed Attachment A to G

Note: If the response exceeded the maximum number of specified pages allowed in this RFSQ, it will be rejected without review, and the Statement of Qualification will not be considered further.

NO STATEMENT OF FEES FOR THE SUBJECT SCOPE OF WORK, HOURLY RATES

OR FIXED PROPOSAL COST, SHALL BE INCLUDED WITH THE SUBMITTAL.

11.0 PROPOSAL EVALUATION PROCESS AND FACTORS

The Engineering Division of City of DeSoto’s Development Services Department will evaluate responses to this RFSQ based on each firm's qualifications, relevant construction project management and inspection experience, proposed personnel, and technical approach. The City may select a firm based solely on the submitted qualifications without further discussions.

The City's evaluation committee will review and score all responsive submittals based on the established evaluation criteria. The highest-ranked firm will be recommended for negotiation of a professional services agreement, subject to City Council approval, as applicable. The City reserves the right to reject any or all submittals and select the firm determined to be most qualified and in the City's best interest.

Responses will be evaluated based on the following criteria:

Criteria Weight (%) Project Personnel and Team Organization 30% Past Project Experience 35% Project Understanding and Technical Approach 10% Service Quality Management Program 10% References Check for Past Performance 10% Responsiveness to RFSQ 5%

A. Project Personnel and Team Organization (30 Points)

• Team organization chart, including subconsultants, if applicable.

• Qualifications, certifications, and relevant experience of the Project Manager and key personnel.

• Relevant municipal or public agency construction project management and inspection experience of key staff.

• Firm and staff availability and commitment to the project.

• Ability to provide services within the anticipated construction schedule.

The designated Project Manager shall meet the following requirements:

• Minimum of seven (7) years of relevant construction project management experience.

• Served as Project Manager for at least three (3) municipal or public facility construction projects within the last five (5) years.

• Demonstrated experience in construction inspection, contract administration, pay application reviews, RFIs, and change order management.

• Experience coordinating with municipal staff, contractors, and design consultants.

• Experience with historic preservation or cultural facility projects is preferred.

• Professional Engineer or Registered Architect license. Additionally, Certified

Construction Manager (CCM), or Project Management Professional (PMP) certification is preferred but not required.

B. Past Project Experience (35 Points)

• Experience providing construction project management and inspection services for at least three (3) similar municipal or government projects.

• Demonstrated experience managing construction of public facilities such as parks, historic properties, or cultural arts facilities.

• Provide project scope, construction cost, client references, project schedule, and other relevant details.

• Demonstrated history of successfully managing projects within established schedules and budgets.

• Experience in construction administration, contractor coordination, change order management, and project closeout.

C. Project Understanding and Technical Approach (10 Points)

• Demonstrate an understanding of the Nance Farm Project and the required construction project management and inspection services.

• Describe the proposed approach and methods for performing the required services, including construction oversight, contract administration, and coordination with project stakeholders.

• Explain the approach to managing construction schedules, budgets, RFIs, field modifications, and change orders.

• Describe strategies for addressing unforeseen construction issues, resolving conflicts, and minimizing project delays.

• Explain how the firm will coordinate with City staff and manage construction activities through project completion and close-out.

D. Service Quality Management (10 Points)

• Procedures and plans for communicating with City staff and project stakeholders, for progress reporting and tracking the project schedule and budget.

• Quality assurance and quality control (QA/QC) procedures for construction inspection and contract administration.

• Approach to identifying and resolving construction conflicts, disputes, and potential conflicts of interest.

• Project management procedures for monitoring construction quality, schedules, and budgets.

• Methods for maintaining accurate project records, tracking progress, and ensuring timely completion of construction activities.

E. Reference Check for Past Performance (10 Points)

• Getting input from previous clients regarding previous projects completed.

F. Responsiveness to the RFSQ (5 Points)

• Completeness and compliance with submittal requirements

• Clarity and organization

12.0 SELECTION PROCESS

A Selection Team will evaluate all the received Statements of Qualifications based on the criteria above. The City may or may not communicate with all the references provided to obtain information. The City may choose to interview only the top qualified firm(s) after review of the received SOQs if deemed necessary. The purpose of such interview will be to expand on the information provided in the SOQ and obtain clarification or verification.

The City may notify firms not selected and execute a contract with a firm upon successful negotiations. At any time, the City of DeSoto may elect to terminate the selection process.

Professional services are procured in accordance with Chapter 2254 of the Government Code, Title 10, Subchapter A, Professional Services. Selection of the most qualified respondent is made based on demonstrated competence and qualification as determined by the City of DeSoto based on information provided in response to the RFSQ.

NO INDIVIDUAL OF ANY CITY DEPARTMENT HAS THE AUTHORITY TO LEGALLY

ANR/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR

PURCHASE ORDER FOR GOOD OR SERVICES, UNLESS SPECIFICALLY BY THE

REQUIREMENTS OF THE REQUEST FOR QUALIFICATIONS.

13.0 GENERAL INFORMATION

The City of DeSoto reserves the rights to reject any or all responses, to waive any informality or irregularity in any response received, and to be the sole judge of the merits of the respective responses received.

14.0 NEGOTIATIONS

The City reserves the rights to negotiate all elements that comprise the successful Firm’s response to ensure that the best possible consideration be afforded to all concerned.

15.0 VENUE

The Contract(s) will be governed and construed according to the laws of the State of Texas. The Contract(s) is (are) performable in Dallas County, Texas. Venue shall lie exclusively in Dallas County, Texas.

16.0 AWARD OF CONTRACT

The City reserves the rights to accept or reject any and all submission of responses and to re-solicit for submission for statement of qualification, as it shall deem to be in the best interests of the City of DeSoto. Receipt and consideration of any submission shall under no circumstances obligate the City of DeSoto to accept any Responses. If an award of contract is made, it shall be made to the responsible Submitter whose Responses is determined to be the best evaluated offer taking into consideration the relative importance of the evaluation factors set forth in RFSQ.

17.0 CONTRACT INCORPORATION

The contract documents shall include the City’s Contract and such other terms and conditions as the parties may agree.

18.0 CONTRACT CONSTRAINTS AND CONDITIONS

All services shall be provided in accordance with applicable requirements and ordinances of the City of DeSoto, laws of the State of Texas, and applicable federal laws.

19.0 CHANGE ORDERS / CONTRACT AMENDMENT

No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in the resulting contract. All amendments to the contract will be made in writing by the appropriate Department of City of DeSoto’s and signed by both parties. Change orders or contract amendment must be prior approved by the City of DeSoto following the City of DeSoto Policies.

20.0 GENERAL PROVISIONS

The Firm may not assign its rights or duties under an award without the prior written consent of the City of DeSoto. Such consent shall not relieve the assignor of liability in the event of default by its assignee.

21.0 ERRORS OR OMISSIONS

The Firm will not be allowed to take advantage of any errors or omissions in this RFSQ. Where errors or omissions appear in this RFSQ, the Firm shall promptly notify the City of DeSoto Purchasing Division of the Finance Department in writing of such error or omission it discovers.

Any significant errors, omissions or inconsistencies in this RFSQ are to be reported no later than Seven (7) calendar days before time for the RFSQ response is to be submitted.

22.0 TERMINATION

If this selection results in a contract in future, it shall remain in effect until contract expires, delivery and acceptance of products and/or performance of services ordered or terminated by the City with a thirty (30) day written notice prior to cancellation. In the event of termination, the City of DeSoto reserves the rights to award a contract to next best Firm as it deems to be in the best interest of the City of DeSoto.

The City of DeSoto may cancel any future contract resulted from this RFSQ without expense to the City in the event that funds have not been appropriated for expenditures under this contract.

The City of DeSoto will return any delivered but unpaid goods in normal condition to the Firm.

23.0 COST INCURRED IN RESPONDING

All costs directly or indirectly related to preparation of a response to the RFSQ or any oral presentation required to supplement and/or clarify a Responses which may be required by the City shall be the sole responsibility of and shall be borne by the participating Firms.

24.0 PAYMENT

All payment terms shall be “Net 30 Days” unless otherwise specified in the proposal. Service provider shall invoice no more frequently than monthly for services provided. Invoices shall be submitted to the City Department that ordered and received the services provided. Successful submitters are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms provided by the City.

25.0 TAX EXEMPTION

The City of DeSoto is exempt from Federal Excise and State Sale Tax; therefore, tax must not be included in any contract that may be awarded from this RFSQ.

26.0 NON-ENDORSEMENT

If a Statement of Qualification is accepted, successful Consultant, hereinafter “Firm,” shall not issue any news releases or other statements pertaining to the award or servicing of the Contract that state or imply the City of DeSoto’s endorsement of the successful Consultant’s services.

27.0 UNAUTHORIZED COMMUNICATIONS

After release of this solicitation, Firms’ contact regarding this RFSQ with members of the RFSQ evaluation, interview or selection panels, employees of the City or officials of the City other than the Purchasing Manager, Buyer, or as otherwise indicated is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Firm shall have any contact or discussion, verbal or written, with any members of the City Council, members of the RFSQ evaluation, interview, or selection panels, City staff or City’s Firms, or directly or indirectly through others, seek to influence any City Council member, City staff, or City’s Firms regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any Firm violates the foregoing prohibition by contacting any of the above listed parties with whom contact is not authorized, such contact may result in the Firms’ being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this RFSQ. All questions and inquiries regarding this RFSQ must be submitted in writing by contacting Connor Mitchell, Purchasing Manager, at procurement@desototexas.gov.

28.0 EQUAL OPPORTUNITY IN CITY BUSINESS CONTRACTING

Race, religion, sex, color, ethnicity, and national origin are not used as criteria in the City’s business contracting practices. Every effort is made to ensure that all persons regardless of other race, religion, sex, color, ethnicity and national origin have equal access to contracts and other business opportunity with the City.

mailto:procurement@desototexas.gov

29.0 ANTI-LOBBYING PROVISION

During the period between response submission date and the contract award, Submitters, including their agents and representatives shall not discuss or promote their proposal with any member of City DeSoto City Council or City Staff except upon request of the City of DeSoto Purchasing Division in the course of the City- sponsored inquiries, briefings, interviews or presentations.

This provision is not meant to preclude Firms from discussing matters with City Council members or City Staff. The policy is intended to create a level playing field for all potential Firms, assure that contract decisions are made in public, and to protect the integrity of the RFSQ process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interest and benefit of the taxpayers and proper owner.

Violation of this provision may result in rejection of the Firm’s Statement of Qualifications.

30.0 RIGHTS TO ASSURANCE

Whenever the City has reason to question the Firm's intent to perform, the City may demand that the Firm give written assurance of Firm's intent to perform. In the event a demand is made, and no assurance is given within ten (10) calendar days, the City may treat this failure as an anticipatory repudiation of the contract.

31.0 CONFLICT OF INTEREST

No public official shall have interest in this contract, in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitled C., Chapter 171.

32.0 COOPERATIVE PURCHASING

Should other governmental entities decide to participate in this contract, Firms, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply.

If the successful Firm agrees to extend the resulting contract to other governmental entities, the following will apply: Governmental entities within utilizing Contracts with the City of DeSoto will be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of DeSoto will be billed directly to that governmental entity and paid by that governmental entity. The City of DeSoto will not be responsible for another governmental entity’s debts. Each governmental entity will order its own material/services as needed.

33.0 CERTIFICATE OF INTERESTED PARTIES FORM 1295

The successful submitter is required to complete online the Certificate of Interested Parties Form 1295 and the form must be submitted to the Purchasing contact listed in the solicitation if the purchase/contact will be presented to the City Council. The form can be completed at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

34.0 CHANGES IN COMPANY NAME OR OWNERSHIP

The Consultant shall notify the City’s Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition Contract. Failure to do so may adversely impact future invoice payments.

35.0 EXCLUSIVE POSSESSION

All work of authorship, including but not limited to calculations, designs, drawings, specifications, graphics, text, and all copyrightable works resulting from this Contract shall become the property of the City. Additionally, all services, information, computer program elements, reports, plans, specifications, and other deliverables which may be created under this contract are the sole property of the City of Desoto. Property of the City shall not be used or released by the Consultant or any other person except with prior written permission by the City.

36.0 OPEN RECORDS ACT AND CITY’S RIGHTS TO AUDIT

All RFSQs that have been submitted shall be open to public inspection after the contract is awarded, except for trade secrets and confidential information contained in the proposals marked “CONFIDENTIAL” by the proper responding party.

At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City, at its expense and at reasonable times, reserves the rights to audit Contractor’s records and books relevant to all services provided to the City under the Contract. In the event such audit by the City reveals any errors or overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the rights to deduct such amount owing the City from any payments due Contractor.

ATTACHMENT “A”

ADDENDUMS

The Submitter acknowledges receipt of the following Addenda: (If you have not received any Addenda then write NONE across the blanks). If you have received Addenda then write beside the appropriate Addenda number the date received. ALL ADDENDA RECEIVED SHOULD BE

ATTACHED TO THE SUBMISSION OF QUALIFICATION.

ADDENDUM # 1 _______________________________________________________

ADDENDUM # 2 _______________________________________________________

ADDENDUM # 3 _______________________________________________________

ADDENDUM # 4 _______________________________________________________

ADDENDUM # 5 _______________________________________________________

COMPANY NAME: __________________________________

COMPANY ADDRESS: __________________________________

CITY/STATE/ZIP: __________________________________

COMPANY REPRESENTATIVE

NAME: ____________________________________________________

TELEPHONE #:_________________________ FAX#:______________

EMAIL: ___________________________________________________

SIGNATURE: ______________________________________________

DATE: ____________________________________________________

ATTACHMENT “B”

CONFLICT OF INTEREST DISCLOSURE REQUIREMENT

Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of DeSoto) must disclose in the Questionnaire Form CIQ (“Questionnaire”) the person’s affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the DeSoto City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a Request for Statement of Qualifications or bids, correspondence, or another writing related to a potential Contract with the City. Updated Questionnaires must be filed in conformance with Chapter 176.

A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

Questions about compliance shall be directed to the bidder’s or proposer’s own legal counsel.

Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor.

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

ATTACHMENT “C”

ENGAGEMENT AND PREVIOUS CLIENTS

List provided services over the past ten years that illustrate your experience with similar engagement.

Services Owner / Client Year Fee Amount 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

List a minimum of three and a maximum of five different references from different projects (excluding City of DeSoto) similar to project scope under this RFSQ. City may or may not contact all the references provided.

Name Company / Organization

Relationship E-Mail Phone Number

ATTACHMENT “D”

BUSINESS INFORMATION FORM

Complete Legal Name of Business

(Address) ___________________________________________________________

(City/State/ZIP) _______________________________________________________

Form of Business Entity (check one)

( ) Texas corporation ( ) Texas non-profit corporation ( ) Out-of-State corporation ( ) Texas professional corporation ______________________state of incorporation (check one) _______profit _______non-profit ( ) Texas general partnership ( ) Texas limited partnership ( ) Out-of-State partnership ______________________state where partnership is legally registered

( ) Individual doing business as _____________________________________ ( ) Texas limited liability company ( ) Other (describe) ________________________________________________

List the full name of each Officer of the Company:

PRESIDENT: ___________________________________

VICE PRESIDENT: ______________________________

PROGRAM/PROJECT MANAGER: ___________________________________

CONTRACT MANAGER: ___________________________________

Who is legally authorized to sign and execute contracts? ____________________

Who, if anyone, is required to witness contract signatures? __________________

ATTACHMENT “E”

HB FORMS

Terrorist Organizations & Boycotting of Israel

Vendor hereby certifies that it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State. Vendor further certifies and verifies that neither Vendor, nor any affiliate, subsidiary or parent company of Vendor, if any (the “Vendor Companies”), boycotts Israel, and Vendor agrees that Vendor and Vendor Companies will not boycott Israel during the term of this Purchase Order For purposes of this Purchase Order the term “boycott” shall mean and include terminating business activities or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory.

Discrimination Against Firearm & Ammunition Industries

Vendor certifies and verifies that (1) neither Vendor, nor any affiliate, subsidiary or parent company of Vendor, if any (the “Vendor Companies”), does not have a written or unwritten internal practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association and (2) Vendor agrees that Vendor and Vendor Companies will not discriminate during the term of the contract against a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association during the term of this agreement pursuant to the provisions of Texas Government Code Chapter 2274. For purposes of this Agreement, the term “Discriminate against a firearm entity or firearm trade association” shall have the meaning defined in Texas Government Code Chapter 2274.

Boycotting of Energy Companies

Vendor certifies and verifies that it is not a company identified on the Texas Comptroller’s list of companies known to boycott energy companies, as defined in Texas Government Code Chapter

809. Vendor further certifies and verifies that neither Vendor, nor any affiliate, subsidiary, or parent company of Vendor, if any (the “Vendor Companies”), boycotts energy companies and Vendor agrees that Vendor and Vendor Companies will not boycott energy companies during the term of this agreement pursuant to the provisions of Texas Government Code Chapter 809. For purposes of this Agreement, the term “boycott energy company” shall have the meaning defined in Texas Government Code Chapter 809.

To Be Completed by Contractor:

“I, __________________(Name of certifying official), the ____________ (title or position of certifying official) of __________________(name of company), does hereby verify on behalf of said company to the City that said company does not Boycott Israel and will not Boycott Israel (as that term is defined in Texas Government Code Section 808.001) during the term of this contract.

Signature of Certifying Official

Title:

Date:

ATTACHMENT “F”

DRUG-FREE WORKPLACE CERTIFICATION

The _________________________(company name) will provide a Drug Free Work Place in compliance with the Drug Free Work Place Act of 1988. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited on the premise of the __________________ (company name) or any of its facilities. Any employee who violates this prohibition will be subject to disciplinary action up to and including termination. All employees, as a condition of employment, will comply with this policy.

CERTIFICATION REGARDING DRUG-FREE WORKPLACE

The undersigned subcontractor certifies it will provide a drug-free workplace by:

Publishing a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the consequences of any such action by an employee;

Establishing an ongoing drug-free awareness program to inform employees of the dangers of drug abuse in the workplace, the subcontractor’s policy of maintaining a drug-free workplace, the availability of counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed on employees for drug violations in the workplace;

Providing each employee with a copy of the subcontractor’s policy statement;

Notifying the employees in the subcontractor’s policy statement that as a condition of employment under this subcontract, employees shall abide by the terms of the policy statement and notifying the subcontractor in writing within five days after any conviction for a violation by the employee of a criminal drug abuse statue in the workplace;

Notifying the City within ten (10) days of the subcontractor’s receipt of a notice of a conviction of any employee; and, Taking appropriate personnel action against an employee convicted of violating a criminal drug statue or requires such employee to participate in a drug abuse assistance or rehabilitation program.

Name of Organization/Contractor(s):

Signature of Authorized Representative:

Date:

ATTACHMENT “G”

PROJECT LOCATION