ESBD_366445_1720473095021_THC RFQ 808-24-241993 Magoffin Emergency Architect Engineer Professional Services.pdf

Texas Historical Commission RFQ No. 808-24-241993

P.O. Box 12276

Austin, Texas 78711

Request for Qualifications for Professional Architectural/Engineering Services

VISITOR CENTER STRUCTURAL REPAIR DESIGN

at the

Magoffin Home State Historic Site

El Paso, Texas

RFQ# 808-24-241993

THC CONTACT: ISSUE DATE: July 8, 2024 Yolanda Gunter, CTCD, CTCM RESPONSE DUE DATE: July 17, 2024 at (512) 463-5976 or 2:00 P.M. Central Time Yolanda.Gunter@thc.texas.gov mailto:Yolanda.Gunter@thc.texas.gov

TABLE OF CONTENTS

Signature Page ___________________________________________________________________ 3

Section I- General Information ______________________________________________________ 4

Section II- Statement of Work ______________________________________________________ 6

Section III- Response Information __________________________________________________ 12 Section IV- General Terms and Conditions ___________________________________________ 19

EXHIBITS

Exhibit A Execution of Offer (provided by THC, to be completed by bidder)

Exhibit B Conflict of Interest (provided by THC, to be completed by bidder)

Exhibit C Nondisclosure Agreement (provided by THC, to be completed by bidder)

Exhibit D Certification Regarding Public Nature of the Offer (provided by THC, to be completed by bidder)

Exhibit E Certification Regarding Lobbying (provided by THC, to be completed by bidder)

Exhibit F RFQ Checklist (provided by THC, to be completed by bidder)

Exhibit G HUB Subcontractor Plan (HSP) (provided by THC, to be completed by bidder)

Exhibit H A/E Questionnaire Form

Exhibit I Structural Assessment Report

TEXAS HISTORICAL COMMISSION

REQUEST FOR QUALIFICATIONS

SIGNATURE PAGE

ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF THE RESPONSE

Return sealed responses via one of the methods described in Section 3.7

Immediately below return address on SEALED ENVELOPE, annotate opening date and request for Submittals number. Faxed responses will not be accepted.

Late responses will NOT be considered under any circumstances.

Responses are subject to negotiation and therefore only the names and addresses of respondents will be read at a public opening upon request.

Respondent must sign response – the laws of the State of Texas must prevail on all responses. By signing this signature page, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Bidder as defined in Rule 1 TAC 111.2.

The Payee Identification Number (PIN) is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. This number needs to be entered in the spaces provided below. If this number is unknown, please enter either your Federal Employer’s Identification Number or if sole owner enter your Social Security Number.

PIN: ______________________________________

Business Name: ____________________________

Address: ____________________________

City-State-Zip: ____________________________

Email Address: ____________________________

Signature: ____________________________

Phone: (_____)___________-_______________

Fax Number: (_____)_________-___________

HUB Certified? [ ] Yes [ ] No

HUB #: _______________________________

Print Name: ____________________________

AWARD NOTICE: The State reserves the right to accept or reject all or any part of a response and waive minor technicalities. The State will award the contract to best serve the interests of the State. Award will be posted on http://www.txsmartbuy.com/esbd.

Public RFQ Opening Address Texas Historical Commission RFQ No.: 808-24-241993 1700 N. Congress, B-65 RFQ Deadline: July 17, 2024 Austin, Texas 78701 RFQ Closing: 2:00 P.M. Central Time

NOTE: THIS FORM MUST BE COMPLETED & RETURNED WITH THE RESPONSE

http://www.txsmartbuy.com/esbd

TEXAS HISTORICAL COMMISSION

REQUEST FOR QUALIFICATIONS

FOR

PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES

RFQ 808-24-241993

Class/Item:

906-48 Historic Preservation 925-42 Foundation Engineering 925-88 Structural Engineering

SECTION I

GENERAL INFORMATION

1.1 INTRODUCTION. Pursuant to Texas Government Code § 2254.004, Subchapter A., the Texas Historical

Commission (THC) is seeking expressions of interest and Statements of Qualifications from qualified individuals or firms to provide professional architectural/engineering services for Visitor Center Structural Repair Design at Magoffin Home State Historic Site located at 1117 Magoffin Avenue, El Paso, Texas 79901 in accordance with the terms and conditions of this Request for Qualifications (RFQ).

Respondents are strongly encouraged to visit the site during normal business hours and become familiar with its physical characteristics. Questions about the project scope may be submitted in writing by the deadline stated in Section 3.1 Schedule of Events and will be answered via a posting on the ESBD.

1.2 CONTRACT TERM. The services requested shall be provided from the date of award or the last signature date, whichever is later and ending on June 30, 2027. The Contract term may be extended for two (2) additional one-year terms by the parties only by written amendment. The Contract will have a defined base term and defined renewal periods that may be activated at the sole option of the THC.

1.3 COMPENSATION.

A. Basis of Payment. The basis of payment and reimbursement of costs is set forth in the Contract.

Acceptance by THC of deliverables specified in the contract is a condition of payment.

B. Invoices. The Respondent shall request payment by submitting the original of an itemized invoice in a form acceptable to THC. The invoice shall be supported by documentation required for the basis of payment listed in Contract. The Respondent may submit an invoice no more frequently than monthly and no later than ninety calendar days after completing deliverables specified in the contract. Each invoice shall show the contract number, the total amount earned to the date of submission, and the amount due as of the date of the invoice.

C. Withholding Payments. If payment is withheld, THC shall notify the Respondent and specify conditions that would allow THC to release the payment. THC reserves the right to withhold payment:

(1) If a dispute over the work or costs is not resolved within thirty (30) days;

(2) pending verification that work is satisfactory;

(3) if the Respondent becomes a delinquent obligor under Family Code, §231.006;

(4) if the required work product is not received; or

(5) if the State Comptroller of Public Accounts will not issue a warrant to the Respondent.

D. Sub Providers and Suppliers List. The Respondent must provide THC with a list of all sub-consultants. This list shall include sub-providers’ and suppliers' names, addresses, and telephone numbers.

E. Funds Availability. This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in the THC General Terms and Conditions shall apply.

F. Debt to the State. If the State Comptroller of Public Accounts is prohibited from issuing a warrant to the Respondent because of a debt owed to the State, the State shall apply all payments due the Respondent to the debt until the debt is paid in full.

1.4 DEFINITIONS. For purposes of this RFQ, the following definitions apply;

a) Acceptable Quality Level - The level of performance of requested services below which the contract will not be paid or damages may be assessed;

b) Addendum - A modification of the specifications issued by the THC and distributed to prospective Respondents prior to the opening of responses;

c) A/E - Architect/Engineer, a person registered as an architect pursuant to Tex. Occ. Code Ann., Ch. 1051, as a landscape architect pursuant to Tex. Occ. Code Ann., Ch. 1052, a person licensed as a professional engineer pursuant Tex. Occ. Code Ann., Ch. 1001, and/or a firm employed by Owner or Design-Build Contractor to provide professional architectural or engineering services and to exercise overall responsibility for the design of a Project or a significant portion thereof, and to perform the contract administration responsibilities set forth in the Contract.

d) Contract - The contract awarded as a result of this RFQ and all exhibits thereto. This RFQ, any Addendum issued in conjunction with this RFQ, the successful Respondent's Submittal, and subsequent submission by Respondent, shall all be fully incorporated therein as attachments;

e) Electronic State Business Daily (ESBD) - The Electronic State Business Daily, which is available on-line at https://www.txsmartbuy.com/esbd.

f) MEP – Mechanical Electrical Plumbing

g) OSHA - Occupational Safety and Health Administration, an agency of the United States Department of Labor.

h) Project Manager – The individual designated by the agency authorized to represent the agency during the performance of the contract.

i) Respondent - Any person or vendor who submits a Submittal in response to this solicitation.

j) RFQ - Request for Qualifications, which is the type of solicitation in this document.

k) Submittal – The response submitted by a vendor to the THC as a result of this solicitation.

l) TAC - Texas Administrative Code, which is the publication for administrative rules.

m) TGC – Texas Government Code, which is the state's general and permanent statute law without substantive change.

1.5 PROTEST PROCEDURES. Pursuant to 13 TAC §11.13:

a) The purpose of this section is to provide an internal protest procedure to be used by any actual or prospective bidder, offeror, proposer, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by the commission from a delegated procurement.

The following procedures are available for persons or firms not awarded the contract pursuant to authority delegated to the commission by the Comptroller of Public Accounts or by Texas Government Code, Chapters 2155 - 2158. These procedures are consistent with the rules of the Comptroller of Public Accounts insofar as such rules are applicable to an internal agency review.

https://www.txsmartbuy.com/esbd

b) Any actual bidder or offeror who is aggrieved in connection with the award of a contract may formally protest the award of the contract by submitting a protest to the executive director in accordance with the procedures in this section.

(1) Any bid protest must be in writing and received in the care of the executive director within five working days after the bidder is notified that the award of a contract is forthcoming or otherwise knows, or should have known, of the occurrence of the action which is protested.

(2) Formal protests must conform to the requirements of and shall be resolved in accordance with the procedures set forth in this section.

(3) In the event of a timely protest, the commission shall consider the protest and reply in writing before proceeding with the solicitation or with the award of the contract unless the executive director makes a determination that the award of contract without delay is necessary to protect substantial interests of the state.

(4) If the executive director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, the executive director shall inform the protesting party and other interested parties of that determination by letter. The letter shall set forth the reasons for the determination and may set forth any appropriate remedial action, which may include canceling or voiding the contract to the extent allowed by law.

(5) A bid or a bid protest that is not submitted in a timely manner is not eligible for consideration under this section.

c) A formal protest shall be addressed to the executive director and must be sworn and contain the following:

(1) a specific identification of a statutory or regulatory provision(s) that the action complained of is alleged to have violated;

(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;

(3) a precise statement of the relevant facts;

(4) an identification of the issue or issues to be resolved;

(5) argument and authorities in support of the protest; and

(6) a statement that copies of the protest have been mailed or delivered to all other identifiable interested parties. Upon request, the commission will furnish to the requestor a list of interested parties, as reflected in the records of the commission.

d) The executive director may request additional information from the party submitting the protest, any other interested party, or commission staff.

e) If the protest is not resolved by mutual agreement, the executive director will issue a written determination of the protest.

(1) If the executive director determines that no violation of rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination.

(2) If the executive director determines that a violation of the rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination and the appropriate remedial action.

f) A decision by the executive director shall be the final administrative action.

g) The commission will maintain all documentation about the process to be used in the event of a protest or appeal in accordance with the commission's record retention schedule.

1.6 AUTHORITY.

THC is soliciting the services stated in this Solicitation under of the authority Texas Government Code §2155.083, §2155.074 and §2155.075.

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https://txhistory-my.sharepoint.com/personal/christid_thc_texas_gov/Documents/Desktop/Sec.%202155.083 https://txhistory-my.sharepoint.com/personal/christid_thc_texas_gov/Documents/Desktop/2155.074 https://txhistory-my.sharepoint.com/personal/christid_thc_texas_gov/Documents/Desktop/2155.075

SECTION II

PROJECT REQUIREMENTS

2.1 PROJECT SCOPE. The Historic Sites Division of the Texas Historical Commission wishes to contract for architectural/engineering professional services with a qualified individual or firm for the design and construction administration of the Visitor Center Structural Repairs at the Magoffin Home State Historic Site in El Paso, Texas.

Responding firms should have specific education, training and working with historic masonry buildings, including various means and methods of foundation stabilization. Responding firms should include the following disciplines, either in-house or as consultants: construction materials testing, geotechnical engineering and other consultants if determined to be necessary to perform the scope described herein.

The circa 1901 Magoffin Home Visitor Center is a two-story residence with a partial basement. The exterior walls are constructed of two wythes of brick with a wood framed interior wall assembly. The brick veneer is exhibiting dramatic cracking and loss of structural integrity on the west side of the building. The apparent cause is a combination of foundation movement and inadequate connections between the brick wall and the wood framing. A structural assessment was performed in October 2023. A repair design by a licensed structural engineer is now needed. Refer to Exhibit I – Structural Assessment Report.

2.2 SCOPE OF SERVICES. The A/E will investigate the existing conditions and available documentation for the purpose of designing repairs to structural elements of the affected area of the building. The A/E shall provide the specific services defined in the Owner-Architect/Engineer Agreement, and generally described as follows:

2.2.1 Construction Documents Phase:

a. Based on Engineer’s site-specific observations and expertise in projects of this nature, prepare Construction Drawings and Technical Specifications on 11x17 sheets. Specifications shall be included in the 11x17 set and not printed and bound separately.

2.2.2 Contract Bidding & Award Phase:

a. Bidding phase will be entirely administered by Texas Historical Commission, in accordance with State Purchasing rules, on the Electronic State Business Daily (ESBD).

b. THC will host and lead an on-site pre-bid meeting. A/E must attend the Pre-bid meeting.

c. Engineer will assist THC during the bid phase by responding to technical engineering questions submitted by interested bidders.

d. THC will maintain a master list of questions and answers and issue all Addenda prior to the bids due date.

e. THC will receive and evaluate proposals and select and contract with the most qualified bidder deemed to provide the best value to the State of Texas. Notice to Proceed with Construction will be issued by THC.

2.2.3 Construction Phase:

a. The State of Texas is exempt from local ordinances and does not anticipate obtaining a building permit for these repairs.

b. Attend a Pre-construction meeting to be led by THC. Observe the work on-site at regular intervals appropriate to the progress of the work, but not less than once per month. Participate in Owner/Engineer/Contractor progress meetings at 2-week intervals, either virtually or on-site to coincide with Engineer’s site visits. Review samples, data, schedules, shop drawings, lab tests, and other data for conformance with Construction Documents.

Review contractor’s payment applications for conformity of payment requested with work completed. Participate in the Substantial Completion inspection, develop and issue punch list, and participate in final review of completed work.

2.2.4 Project Close Out:

a. Review and approve close-out documentation, including contractor’s as-built drawings.

2.2.5 Cost estimates will be required at each milestone submittal identified in the Contract.

2.3 REPORTING AND DELIVERABLES. Respondents must provide a timeline/schedule of work and budget for each stage of the project under work authorizations issued under this RFQ that outlines how and when Respondent proposes to complete each stage of the project. Budget must be based on the THC milestone based intermediate reports and documentation as outlined in the A/E contract. Services shall be performed under the coordination of THC Project Manager in cooperation with the A/E.

2.3.1 The project may be divided into different stages as determined by THC in cooperation with the A/E as reasonably necessary to execute the project in a logical and efficient manner.

2.3.2 The Successful Respondent will schedule an initial meeting (either virtual or in-person) with THC to review the plan of action and timeline within two weeks of contract execution.

2.3.3 The Successful Respondent is required to communicate with the THC contract manager on a bi-weekly basis

(either virtually, in person, over the phone, or via email) to provide progress reports on this contract. Progress reports shall cover all work performed and completed during the week for which the progress report is provided and shall present the work to be performed during the subsequent week.

2.3.4 The progress report shall identify any problems encountered or items still outstanding with an explanation of the cause and resolution of the problem or how the problem will be resolved.

2.3.5 It is the Successful Respondent’s sole responsibility to ensure that all progress reports are delivered to the proper location at the proper time. Documents will be considered delivered only when received by the THC Project Manager. Services under this contract award are deemed completed when THC has reviewed the reports and physical work, all requested revisions have been addressed, and THC has given final, written approval of all services required of the contract.

2.5 SUBCONSULTANTS (if applicable). Subconsultants may be needed to provide specialized services under the

Contract related to the project and can be engaged with the prior review of qualifications and approval of THC. A/E must provide statements from each of its subconsultants, signed by an individual authorized to legally obligate each subconsultant, attesting to the fact that it will provide services as represented in the RFQ. No subconsultant under the Contract shall relieve Respondent of responsibility for ensuring the requested services are provided.

Subconsultant may be required to submit ownership information similar to that required of A/E in paragraph 3.1.

Application Information. A/E must disclose, at THC’s request, any information regarding subconsultant.

2.6 SUBCONTRACTORS. Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Respondent. No subcontract under the Contract shall relieve Respondent of responsibility for ensuring the requested services are provided. Respondents planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors and the response shall include a letter from each proposed subcontractor, agreeing to work on the team.

2.7 HUB SUBCONTRACTING. In accordance with the Texas Government Code, Sections 2161.181- 182 and Title

34, Chapter 20, Subchapter B, §20.281- §20.298 of the Texas Administrative Code (TAC), the Texas Historical Commission (THC) shall make a good faith effort to utilize Historically Underutilized Businesses (HUBs) in contracts for all other services contracts.

A Good Faith Effort is required by vendors when completing the HUB Subcontracting Plan which demonstrates the Respondent has completed one of the following for the planned subcontracting needs:

A) Using strictly HUBs for all subcontracting needs, B) Meeting stated agency goal for HUB subcontracted needs using both HUB and Non-HUB vendors, C) Performing “Traditional Good Faith Effort” of notifying two minority/women trade organizations and soliciting bids from three HUBs for each subcontracting opportunity, and allowing seven business days for response, D) Self-Performing Contract (performing all work with own materials and labor), or E) Utilizing a Mentor Protégé relationship (a formal agreement that is recognized by the State of Texas Comptroller of Public Accounts). For a listing of Mentor Protégé agreements click on link:

https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php

A Historically Underutilized Business (HUB) is a business who certified with the Comptroller of Public Accounts by meeting the following requirements: 51% owned by an Asian Pacific American, Black American, Hispanic American, Native American, American woman, and/or United States Veteran with a minimum 20% Disability rating;

is an entity with its principal place of business in Texas; and has an owner residing in Texas with a proportionate interest that actively participates in the control, operations and management of the entity’s affairs.

The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the THC projected goals:

• 11.2 percent for heavy construction other than building contracts,

• 21.1 percent for all building construction, including general contractors and operative builders’ contracts,

• 32.9 percent for all special trade construction contracts,

• 23.7 percent for professional services contracts,

• 26.0 percent for all other services contracts, and

• 21.1 percent for commodities contracts.

This solicitation has been identified as one that does require a HUB Subcontracting Plan. You must complete and submit a HUB Subcontracting Plan. The HUB Subcontracting Plan is included as Exhibit G in this solicitation.

If you have any questions, please contact the THC HUB Coordinator Eric McKiver at 512.463.7748, or by email at eric.mckiver@thc.texas.gov

2.8 PERFORMANCE TRACKING. THC will monitor the performance of the Contract issued under this RFQ. All services under the Contract shall be performed at an acceptable quality level THC Standards. All deliverables will be submitted in accordance with the timeline agreed upon at contract signing. Performance tracking methods may include, but are not limited to, meetings and documentation requirements deemed necessary by the agency to assess progress of the contractor toward meeting the identified goals and outcomes established in response to assessments of unsatisfactory performance in accordance with this procedure.

2.9 REMEDIES, TIME DELAYS, SUSPENSION, AND SANCTIONS FOR FAILURE TO PERFORM:

Suspension If this Contract is suspended by THC prior to its expiration date, the reasonable monetary value of services properly performed by Contractor pursuant to this Contract prior to suspension shall be determined by THC and paid to Contractor as soon as reasonably possible. THC shall not be required to pay any standby hourly rates during a suspension of work.

Sanctions If the A/E fails to provide the goods or services contracted for according to the provisions of the Contract, or fails to comply with any terms or conditions of the Contract, THC may, upon written notice of default to the A/E, terminate all or any part of the Contract. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies as provided in equity, by law or under the Contract. THC may exercise any other right, remedy, or privilege which may be available to it under applicable law of the state and any other applicable law or may proceed by appropriate court action to enforce the provisions of the Contract. The exercise of any of the foregoing remedies will not constitute a termination of the Contract unless THC notifies the A/E in writing prior to the exercise of such remedy. The A/E shall be liable for all costs and expenses, including court costs and attorneys’ fees, incurred by THC with respect to the enforcement of any of the remedies listed herein.

mailto:eric.mckiver@thc.texas.gov

SECTION III

SUBMITTAL REQUIREMENTS

3.1 SCHEDULE OF EVENTS. The THC currently anticipates that the selection of a Respondent and execution of the contract will proceed according to the following schedule. The schedule is for planning purposes only and subject to change.

EVENT DATE__________________

Issue Date Posted to ESBD July 8, 2024 Deadline for Submission of Questions in Writing July 11, 2024, 10:00 AM CT Official Response to Questions Posted on the ESBD July 12, 2024 Deadline for Submission of Submittals/RFQ July 17, 2024, 2:00 PM CT (Late responses will not be considered) Anticipated Contract Start Date Upon Award

3.2 REVISIONS TO SCHEDULE. THC reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily (ESBD) as an Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFQ prior to submitting a Submittal. The Respondent's failure to neither periodically check the ESBD will in no way release the selected Contractor from the requirements of "addenda or additional information" nor will any resulting additional costs to meet the requirements be allowed after the award(s).

3.3 SUBMITTAL REQUIREMENTS. Listed below is a summary of all information to be included in Respondent’s submittal in response to this RFQ. THC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. If you are emailing your response, you are required to follow the below. Submittals that do not follow these criteria may be considered non-responsive. Submittals should be organized, concise, and complete. Submittal pages should be numbered and contain a paginated table of contents.

Respondents shall submit one (1) signed original of

1. Signature Page

2. Exhibit A – Execution of Offer

3. Exhibit B – Conflict of Interest

4. Exhibit C – Nondisclosure Agreement

5. Exhibit D – Certification Regarding Public Nature of the Offer

6. Exhibit E Certification Regarding Lobbying

7. Exhibit F RFQ Checklist

8. Exhibit G HUB Subcontractor Plan (HSP)

9. Exhibit H A/E Questionnaire Form

10. Exhibit I Structural Assessment Report

11. Acknowledgement of Addenda (if applicable)

12. Respondent Information:

Include the following information related to the responding business entity: formal name and all assumed names used by the business entity; structure of business entity (i.e. sole proprietorship, partnership, corporation, etc.);

state in which business entity was formed or incorporated; physical address and mailing address; principal place of business; whether, and to what extent, Respondent has established a physical presence in the State of Texas including relevant timeframes; and name, title, address, telephone number, facsimile number, and e-mail address of Respondent's primary contact. Also, provide the following information:

a. 11- digit State of Texas Taxpayer Vendor Identification Number

b. Indicate if your company has ever failed to complete a project or had a contract terminated for default or convenience. If yes, provide explanation.

c. Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within the past five years. If yes, explain the circumstances.

d. Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If so, specify date(s), details, circumstances, and prospects for resolution.

e. Identify if your company is currently for sale or involved in any transaction to expand or become acquired by another business entity? If so, explain the impact both in organization and company direction.

13. Qualifications of Assigned Personnel (see 3.4.1)

14. Comparable Project Experience (see 3.4.2)

15. Schedule (see 3.4.3)

16. References (see 3.4.4)

17. Evidence of Financial Responsibility and Stability

The Respondent must provide evidence of financial responsibility and stability for performance of the requirements/services for which a response is submitted. In addition, the Respondent must disclose the source of any outside financial resources that will be utilized by the Respondent to enable it to perform any Contract awarded pursuant to the RFQ. If requested by THC Respondent must provide copies of documents to show the financial capability to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this RFQ. The documents may include but are not limited to the Respondent's most recent audited financial statement. THC reserves the right to require any additional information necessary to determine the financial integrity and responsibility of a Respondent and to reject a response on the grounds of the Respondent's financial soundness.

Note: The one (1) original submitted response must contain all submission items 1-17 in a PDF document.

Respondents must email your RFQ response to responses@thc.texas.gov.

Submittal pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal. The format shall be Adobe Acrobat version 9.0 or higher.

a) Costs: THC will not reimburse the Respondent for any cost related to its Response. The Respondent is responsible for any expense related to the preparation and submission of its Response.

b) Responses will be subject to the Texas Public Information Act (PIA), Tex. Government Code, Chapter 552, and may be disclosed to the public upon request. The Response and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies.

However, subject to the Act, Respondents may protect trade and confidential information from public release.

Respondent is required to make any information created or exchanged with the State pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format this is accessible by the public at no additional charge to the state.

If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Response or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim the entire Response is protected from disclosure because it contains some proprietary information is not acceptable, and shall make the entire Response subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Response that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described below. Any information that is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA. Trade secrets or other confidential information, submitted as part of a Response, shall be clearly marked at each page it appears. Such marking shall be boldface type at least 14-point font.

mailto:responses@thc.texas.gov

3.4 ELEMENTS OF SUBMITTAL. With respect to the project information described in Section II Project Requirements above, provide the following information. Responses that do not contain all of these elements will be evaluated accordingly. THC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

3.4.1 Qualifications of Assigned Personnel

3.4.1.1 Proposed Project Team.

a. Provide documentation of current licensure from the Texas Board of Architectural Examiners.

b. Provide an organizational chart identifying key personnel that will be assigned to this project, including key personnel of subconsultants.

c. Provide a resume for each member of the project team, including subconsultants and describe each member’s responsibilities for the Project

d. Detail previous experience of team members working together on projects and the firm’s previous experience working with major subconsultants proposed for this project.

3.4.1.2 Location.

a. Identify the location of your company’s office that will directly support the Project.

b. Explain how responsive service will be provided.

3.4.1.3 Relevant Experience. Complete and submit the Exhibit I, A/E Questionnaire Form.

3.4.2 Comparable Project Experience

For the prime architect, provide narrative, graphic and/or photographic documentation of at least five (5) relevant projects completed within the past ten years demonstrating proficiency in this project type. For each project, provide the following baseline information: name of client, project location, project size, project cost, project completion date, and names of subconsultants. Describe the project scope and provide any additional information that is relevant to this solicitation, emphasizing the ways in which each project is similar to this THC project.

3.4.4 Schedule.

a. Describe the prime firm’s current workload (projects in design and in construction) and the plan to incorporate and manage this project so that the work can proceed in a timely manner.

3.4.5 References.

a. Provide client contact information, including contact name, address, telephone number, and email address, for at least three of the projects listed in paragraph 3.4.1.3 Relevant Experience above.

b. The Evaluation Committee, at their discretion, may follow up on references provided in material submitted for consideration. This will supplement information submitted for the criteria above. Please ensure that all contact information is accurate and current.

The THC may make such investigations as necessary to determine the ability of the Respondent to perform the work, including evaluation of past performance, by contacting references, and reserves the right to reject any response if the evidence submitted and/or obtained through investigation fails to satisfy the THC that the Respondent is properly qualified to carry out the obligations of the Contract. Negative responses or inability to contact listed references using contact information in the response may be grounds for disqualification.

3.5 INQUIRIES AND EXCEPTIONS

a) Should any Respondent find discrepancies among the solicitation document, or should the Respondent be in doubt as to their exact meaning, the Respondent should notify the THC Contact at once. All inquiries shall be submitted in writing by the date and time listed in the 3.1 Schedule of Events. Verbal inquiries and responses will not be valid or binding.

b) All inquiries will result in written responses as an addendum posted on the Electronic State Business Daily (ESBD), available at http://www.txsmartbuy.com/esbd. If a Respondent does not have internet access, a copy of all written responses may be obtained through the THC Contact.

c) Except as otherwise provided in this Section, upon issuance of this RFQ, other employees and representatives of THC will not answer questions or otherwise discuss the contents of the RFQ with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualifications of any subsequent response. This restriction does not preclude discussions unrelated to this RFQ.

3.6 SUBMITTAL DEADLINES.

a) All Responses shall be emailed received by the submittal deadline (not by when the respondent sent the email) on the date/time specified in the Schedule of Events above (see 3.1). THC will use the “received email” (showing the time and date) as the time stamped, when the email was received at THC in Austin.

THC reserves the right to reject late submittals.

b) Responses PDF submittals must not be password protected. It is the responsibility of the Respondent to ensure the PDF document response is accessible to THC upon submission in response to this RFQ.

c) Telephone and facsimile Responses will not be accepted.

d) Receipt of all addenda to this RFQ should be acknowledged by returning a signed copy of each addendum with the submitted Response.

3.7 DELIVERY OF SUBMITTALS. Responses shall be submitted to THC prior to the submittal deadline by the following method:

Email

Attn: Yolanda Gunter Email Responses To: responses@thc.texas.gov (Enter “Response To RFQ# 808-24-241993” in subject line)

3.8 RESPONSE OPENING. Responses will be opened at the Texas Historical Commission, 1700 N Congress Ave, B-65, Austin, TX 78701.

a) The THC reserves the right to reject any or all responses and to waive any or all informalities in connection therewith. All submitted Responses become the property of THC after the RFQ submittal deadline/opening date. The submitted Responses and accompanying documentation will not be returned.

b) Responses submitted shall constitute an offer for a period of 180 days or until a selection is made by THC, whichever occurs earlier. After 180 days, the vendor shall have the option of withdrawing the offer but is not obligated to do so.

http://www.txsmartbuy.com/esbd mailto:responses@thc.texas.gov

3.9 SCORING CRITERIA. Respondents shall carefully read the information contained in the following criteria and submit a complete response to all questions in this Section. Incomplete responses may be considered non-responsive and subject to rejection. The evaluation committee will evaluate and score each submittal by applying the following criteria:

Criteria Weight Qualifications of Assigned Personnel 60 points Comparable Project Experience 40 points HUB Subcontracting Plan Pass/Fail TOTAL 100 points

3.10 SUBMITTAL EVALUATION AND AWARD.

a) It is the intent of THC to award a single contract to the Respondent whose Response is considered to provide the best value to the State of Texas, as defined by TGC Section 2155.074.

b) An evaluation committee will be established to evaluate the Submittals. The committee will include employees of THC and other persons invited by THC to participate. By submitting qualifications in response to this RFQ, the respondent accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the submittals may involve some subjective judgments by the evaluation committee.

c) When considering best value and award, THC reserves the right to set a minimum requirement regarding the weighted criteria listed in Section 3.9.

d) All submittals must be complete and convey all of the information requested in order to be considered responsive.

If the submittal fails to conform to the essential requirements of the RFQ, the THC alone will determine whether the variance is significant enough to consider the submittal non-responsive and thus disqualify the Applicant from further consideration. Under Texas Government Code Section 2157.074, THC shall select the applicant that provides the “Best Value” for the State.

e) The THC reserves the right to reject any and all submittals, with or without cause, to waive any or all formalities, or to enter into separate negotiations with any Applicant submitting a response. The State of Texas is not bound to award a contract based upon the information submitted. THC reserves the right to award to multiple applicants.

f) THC reserves the right to award contract(s) without any negotiations and reserves the right to not make awards.

g) THC may, at its discretion, elect to have Respondents provide oral presentations/interviews of their submittal.

Scoring of the oral presentation/interview shall replace the initial scoring of the submittal. The following will be expected during the interview:

1. A short presentation detailing company history and project relevant to the current project, and confirmation of information presented in the submittal.

2. Attendance by team member assigned to the project to represent themselves as to their relative experience and proposed involvement in the Project. Representation by the Project Manager is essential in this interview.

3. An agenda for the interview will be provided by THC requiring an elaboration of company relevant experience, proposed methodology, and quality program for the Project.

h) The Evaluation Committee will select the most qualified respondent. Following this selection, negotiations will begin with the selected firm to arrive at a mutual understanding of the detailed scope of services and determine a fair and reasonable fee structure. Should the selected firm and the THC fail to arrive at a mutually acceptable agreement, negotiations with the initially selected firm shall terminate and negotiations will commence with the next highest ranked (qualified) respondent.

i) Points may be deducted based upon internal evaluations or other evidence of unsatisfactory past performance on THC contracts of the proposer or the proposer’s team. The Respondent(s) deemed to be the most qualified will be awarded a contract.

j) Post-Submittal Requirements: Professional liability insurance in a minimum amount of $1,000,000 and other standard business insurance coverage, as may be required by the contract; and, execution of an appropriate professional services contract.

3.11 TIE BREAKERS. The following preferences are used in breaking tie responses in accordance with current statutes: TAC §2155.444, 2155.441, 2156.010.

3.12 PAST PERFORMANCE. A Respondent’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of TAC §2155.074, 2155.075, 2156.007, 2157.003, and

2157.125. Respondents may fail this selection criterion for any of the following conditions:

3.12.1 A score of less than 90% in the Vendor Performance System,

3.12.2 Currently under a Corrective Action Plan through the CPA,

3.12.3 Having repeated negative Vendor Performance Reports for the same reason, and

3.12.4 Having purchase orders that have been canceled in the previous 12 months for non- performance (i.e. late delivery, etc.).

Contractor performance information is located on the CPA web site at:

https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

THC may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by Title 34 Texas Administrative Code §20.115), THC may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts.

Any such investigations shall be at the sole discretion of THC, and any negative findings, as determined by THC, may result in non-award to the Respondent.

3.13 EXCEPTIONS. If Respondent takes any exceptions to any provisions of this RFQ, these exceptions must be specifically and clearly identified by Section in Respondent's Response in response to this RFQ and Respondent's proposed alternative must also be provided in the Response.

Respondents cannot take a 'blanket exception' to this entire RFQ. If any Respondent takes a 'blanket exception' to this entire RFQ or does not provide proposed alternative language, the Respondent's Response may be disqualified from further consideration. Any exception may result in the Contract not being awarded to the Respondent.

https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

SECTION IV

GENERAL TERMS AND CONDITIONS

1. Terms and Conditions. This Section IV (General Terms and Conditions) is incorporated into this RFQ for all purposes. Any terms and conditions attached to a Response will not be considered unless specifically referred to in the Response. Respondent’s representation and signature is required on the Execution of Offer located in Exhibit A.

2. Authority. The resulting Contract from this RFQ is entered into pursuant to Section 442.005 of the Texas Government Code.

3. Services, Standards of Performance, and Contract Administration.

3.1 Attachments. The following documents constitute the Standards of Performance for the Contract. All of the following will be attached to and incorporated as part of the Contract for all purposes (Attachments):

1. THC’s RFQ No. 808-24-241993 (Attachment A)

2. Contractor’s Response (Attachment B)

3. Best and Final Offer (Attachment C)

3.2 Order of Precedence. In the event of any conflicts or inconsistencies between the Contract and the Attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of precedence: the Contract prevails over all other documents, and Attachment A (THC’s RFQ) prevails over Attachment B (Contractor’s Response).

1. The Contract,

2. Attachment A (THC’s RFQ),

3. Attachment B (Contractor’s Response)

3.3 Standard of Performance. Pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Contractor shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.

3.4 Contract Administration. Contractor represents and warrants that it has the requisite qualifications, experience, personnel, and other resources to perform in the manner required by the Contract.

The THC will designate a Project Manager for the Contract. The Project Manager will serve as the point of contact between the THC and Contractor. The THC’s Project Manager will supervise the THC’s review of Contractor’s technical work, deliverables, draft reports, the final report, payment requests, schedules, financial budget administration, and similar matters. The Project Manager does not have any express or implied authority to vary the terms of the Contract, amend the Contract in any way, or waive strict performance of the terms or conditions of the Contract.

3.5. Substitutions. Substitutions are not permitted without prior written approval of the THC.

3.6 Changes in Scope. Changes in the scope of services affecting the cost of services provided for in the Contract must be approved by the THC by amendment to the Contract. No compensation will be allowed for work performed without such amendment.

4. Funding. The Parties acknowledge and agree that nothing in the Contract will be interpreted to create a future obligation or liability in excess of the funds currently appropriated for this project to the THC by the Legislature of the State of Texas. In the event appropriated funds are not available to continue payments for work under the Contract, The THC will notify Contractor as soon as reasonably possible, and the THC may terminate the Contract at that time or such other date as loss of appropriated funds may require. To the extent funds are available, Contractor will be paid for work that meets the performance standards of the Contract and is completed prior to the date of notice of termination. The THC will not be liable for any damages or any other amounts caused by or associated with such termination.

5. Personnel. Contractor must assign only qualified personnel to the Contract. On the date of the THC’s execution of the Contract, the THC’s Project Manager must authorize the key personnel listed in Attachment B of the Contract to provide services under the Contract. Contractor reserves the right to substitute appropriate key personnel to accomplish its duties so long as the substituted personnel are equally qualified and skilled in the tasks necessary to accomplish the tasks and services required. Contractor must provide to the THC prior written notice and obtain written approval from the THC prior to any change in key personnel involved in providing services under the Contract.

Subcontractors providing services under the Contract must meet the same requirements and level of experience as required of Contractor.