ESBD_367674_1720650959385_RFQ AE HOURLY-2024.pdf

REQUEST FOR QUALIFICATIONS FOR

ARCHITECT/ENGINEER PROFESSIONAL SERVICES

RFQ No.: AE HOURLY-2024

RESPONSES MUST BE RECEIVED BEFORE:

3:00PM CST, WEDNESDAY, JULY 31, 2024

MAIL RESPONSES TO: HAND DELIVER AND/OREXPRESSMAIL TO:

Stephen F. Austin State University Stephen F. Austin State University Procurement and Business Services Procurement and Business Services

P.O. Box 13030, SFA Station 2102 Alumni Drive, Room 131 Nacogdoches, TX 75962-3030 Nacogdoches, TX 75962-3030

Show RFQ Number, Due Date and Time on Return Envelope

NOTE: PROPOSAL must be time stamped at Stephen F. Austin State University Procurement and Business Services before the hour and date specified for receipt of proposal.

REFER INQUIRIES TO:

Lacey Bradshaw Stephen F. Austin State University Procurement and Business Services

936.468.4412 email: Lacey.Bradshaw@sfasu.edu

TABLE OF CONTENTS

Section 1 - General Information & Requirements

1.1 General Information

1.2 Public Information

1.3 Type of Contract

1.4 Clarifications and Interpretations

1.5 Submittal Instructions

1.6 Required Submittals

1.7 Point-of-Contact

1.8 Evaluation of Qualifications

1.9 Owner’s Reservation of Rights

1.10 Acceptance of Evaluation Methodology

1.11 No Reimbursement for Costs

1.12 Pre-Submittal Conference

1.13 Eligible Respondents

1.14 Historically Underutilized Businesses’

Submittal Requirements

1.15 Sales and Use Taxes

1.16 Certification of Franchise Tax Status

1.17 Required Notices of Workers’

Compensation Insurance Coverage

1.18 Prevailing Wage Rate Determination

1.19 Delinquency in Paying Child Support

1.20 State Registration of Architecture Firms

1.21 State Registration of Engineering Firms

1.22 Policy Regarding Receiving Benefits, Gifts and Honoraria

1.23 Criminal Background Checks

1.24 Undocumented Workers

1.25 Disclosure of Interested Parties

1.26 Group Purchasing Authority

Section 2 - Executive Summary

2.1 Historical Background

2.2 Project Description, Scope and Budget

Section 3 - Requirements for Statement of Qualifications

3.1 Respondent’s Statement of

Qualifications and Experience

3.2 Prime Firm’s Ability to Provide

Services

3.3 Project Team’s Ability to Provide

Services

3.4 Prime Firm’s References

3.5 Respondent’s Past Performance on U.T.

System Projects

3.6 Respondent’s General Understanding of

the U.T. System A/E Agreement

3.7 Execution of Offer

Section 4 - Format for Statement of Qualifications

4.1 General Instructions

4.2 Table of Contents

4.3 Pagination

4.4 HUB Subcontracting Plan

Section 5 - Attachments to the RFQ

5.1 Attachment 1: Draft Agreement

Between Stephen F. Austin State University and Project Architect/Engineer

5.2 Attachment 2: Evaluation Worksheet

5.3 Attachment 3: Non-Collusion Affidavit

5.4 Attachment 4: HUB Subcontracting

Plan

REQUEST FOR QUALIFICATIONS FOR

ARCHITECT/ENGINEER PROFESSIONAL SERVICES

RFQ No.: AE Hourly-2024

SECTION 1 – GENERAL INFORMATION & REQUIREMENTS

1.1 GENERAL INFORMATION: Stephen F. Austin State University (“Owner”) is soliciting statements of qualifications (“Qualifications”) for a variety of professional architectural, design and engineering services to establish indefinite delivery/indefinite quantity (IDIQ) contracts. The university reserves the right to negotiate and award multiple contracts for these services.

1.2 PUBLIC INFORMATION: All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed.

1.2.1 The Owner strictly complies with all statutes, court decisions, and opinions of the Texas

Attorney General with respect to disclosure of RFQ information.

1.3 TYPE OF CONTRACT: Any contract resulting from this solicitation will be in the form of the

Owner’s Standard Architect/Engineer Agreement copy of which is attached to this RFQ.

1.4 CLARIFICATIONS AND INTERPRETATIONS: Any clarifications or interpretations of this

RFQ that materially affect or change its requirements will be posted by the Owner as an addendum on the Electronic State Business Daily (ESBD) web site (http://www.txsmartbuy.com/sp). It is the responsibility of all respondents to obtain this information in a timely manner. All such addenda issued by the Owner before the proposals are due as part of the RFQ, and respondents shall acknowledge receipt of and incorporate each addendum in its Qualifications.

1.4.1 Respondents shall consider only those clarifications and interpretations that the Owner issues by addenda five (5) days prior to the submittal deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the Owner and should not be relied on in preparing Qualifications.

http://www.txsmartbuy.com/sp

1.5 SUBMITTAL INSTRUCTIONS:

1.5.1 DEADLINE: Proposals must be received on or before the date and time listed below:

Due Date: 3:00PM CST, WEDNESDAY, JULY 31, 2024

MAIL RESPONSE TO: HAND DELIVER AND/OR EXPRESS MAIL TO:

Stephen F. Austin State University Stephen F. Austin State University Procurement and Business Services Procurement and Business Services P. O. Box 13030, SFA Station 2102 Alumni Drive, Room 131 Nacogdoches, TX 75962-3030 Nacogdoches, TX 75962-3030

Show RFQ Number, Due Date and Time on Return Envelope

1.5.2 Respondent shall submit one (1) complete electronic copy of the proposal on electronic media (e.g., USB Drive) in a Microsoft Office (Word, Excel, Project, PowerPoint file) version 2003 or later format, or searchable Adobe, .PDF files.

1.5.3 Late received Qualifications will be returned to the respondent.

1.5.4 The Owner will not acknowledge or receive Qualifications that are delivered by telephone, facsimile (fax), or email.

1.5.5 Properly submitted Qualifications will not be returned to respondents.

1.6 REQUIRED SUBMITTALS: Failure to provide any of the following documents will result in disqualification of the response from further consideration

A. Signed Execution of Offer B. Acknowledge of Addenda, if any C. HUB Subcontracting Plan D. Statement of Qualifications addressing items in SECTION 3, formatted according to

SECTION 4

1.7 POINT-OF-CONTACT: The Owner designates the following person as it’s representative and Point-of-Contact for this RFQ. Respondents shall restrict all contact with the Owner and direct all questions regarding this RFQ, including questions regarding terms and conditions and technical specifications, to the Point-of-Contact person.

Stephen F. Austin State University Procurement and Business Services Attention: Lacey Bradshaw Phone: (936)468-4412 Email: Lacey.Bradshaw@sfasu.edu

1.7.1 The deadline for submitting questions related to this RFQ is 3:00PM, Tuesday, July 16, 2024.

mailto:Lacey.Bradshaw@sfasu.edu

1.8 EVALUATION OF QUALIFICATIONS: The evaluation of the Qualifications shall be based on the requirements described in this RFQ. All properly submitted Qualifications will be reviewed, evaluated, and ranked by the Owner.

1.8.1 Qualifications shall not include any information regarding respondent’s fees, pricing, or other compensation.

1.9 OWNER’S RESERVATION OF RIGHTS: The Owner may evaluate the Qualifications based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Qualifications and re-solicit for new Qualifications, or to reject any and all proposals and temporarily or permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFQ for any project and no such representation is intended or should be construed by the issuance of this RFQ.

1.10 ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Qualifications in response to this RFQ, respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm(s) will require subjective judgments by the Owner.

1.11 NO REIMBURSEMENT FOR COSTS: Respondent acknowledges and accepts that any costs incurred from the respondent’s participation in this RFQ shall be at the sole risk and responsibility of the respondent.

1.12 PRE-SUBMITTAL CONFERENCE: A pre-submittal conference will NOT be held.

1.13 ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may apply (This does not preclude a respondent from using consultants.) The Owner will contract only with the individual firm or formal organization that submits a Qualification.

1.14 HISTORICALLY UNDERUTILIZED BUSINESSES’ SUBMITTAL REQUIREMENTS: It is the policy of The University of Texas System and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUB) in all contracts. Accordingly, the Owner has adopted Exhibit H, Policy on Utilization of Historically Underutilized Businesses (See attached). The Policy applies to all contracts with an expected value of $100,000 or more. If Owner determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the Qualifications. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Qualifications.

1.14.1 STATEMENT OF PROBABILITY

The Owner has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the respondent's Qualifications. The respondent shall develop and administer a HSP as a part of the respondent's Qualifications in accordance with the University of Texas System Policy on Utilization of Historically Underutilized Businesses (HUB).

1.15 SALES AND USE TAXES: Section 151.311, Tax Code, as amended effective October 1, 1993, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities that include The University of Texas System. The section further permits the purchase tax-free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is "necessary and essential for the performance of the contract" and "completely consumed at the job site." In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if "the contract expressly requires the specific service to be provided or purchased by the person performing the contract" or "the service is integral to the performance of the contract."

1.16 CERTIFICATION OF FRANCHISE TAX STATUS: Respondents are advised that the successful respondent will be required to submit certification of franchise tax status as required by State Law (H.B. 175, Acts 70th Leg. R.S., 1987, Ch. 283, p. 3242). The contractor agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

1.17 REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE: The

Texas Workers' Compensation Commission has adopted a new rule, 28 TAC, sec. 110.110, relating to REPORTING REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENTAL ENTITIES. The rule applies to all building or construction contracts advertised for bid on or after September 1, 1994. The rule implements sec.

406.096, Texas Labor Code, which requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The requirements of the rule are set forth in Article 6 of the Uniform General and Supplementary General Conditions for University of Texas System Building Construction Contracts.

1.18 PREVAILING WAGE RATE DETERMINATION: Respondents are advised that the Texas

Prevailing Wage Law will be administered in accordance with the policies and procedures set forth in the U. T. System document, entitled "Prevailing Wage Guidelines." A copy is attached to the Special Conditions. The penalty for violation of prevailing wage rates has been increased from $10.00 per underpaid worker per day or portion thereof to $60.00.

1.19 DELINQUENCY IN PAYING CHILD SUPPORT: Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

1.20 STATE REGISTRATION OF ARCHITECTURE FIRMS: Respondents are advised that the

Texas Board of Architectural Examiners requires that any firm or business entity providing architectural services to the public, other than a sole proprietor doing business under his/her name, must annually register information regarding the firm or business entity with the Texas Board of Architectural Examiners. Texas Board of Architectural Examiners. 333 Guadalupe Street, Suite 2-350, Austin, Texas 78701, telephone (512) 305-9000, has jurisdiction over individuals licensed under the Architects’ Registration Law, Chapter 1051, Texas Occupations Code.

1.21 STATE REGISTRATION OF ENGINEERING FIRMS: Respondents are advised that the Texas

Board of Professional Engineers requires that any entity providing engineering services to the public must register with the Texas Board of Professional Engineers. An entity is defined as a sole proprietorship, firm, partnership, corporation or joint stock association.

1.22 POLICY REGARDING RECEIVING BENEFITS, GIFTS AND HONORARIA:

This administrative OFPC policy defines, and in most cases restricts, the benefits, gifts, honoraria and other entertainment activities all UT-System staff may be exposed to and supplements any provisions of state law or UT System rule or policy that is less restrictive. The policy covers “Conflicts of Interest” not allowed and items typically allowed.

Architect or Engineer and its employees, agents, representatives and subcontractors have read and understand University’s Conflicts of Interest Policy available at http://www.uta.edu/policy/hop/adm/5/508, University’s Standards of Conduct Guide available at https://www.uta.edu/policy/procedure/3-34, and applicable state ethics laws and rules available at https://www.ethics.state.tx.us.Neither Architect or Engineer nor its employees, agents, representatives or subcontractors will assist or cause University employees to violate University’s Conflicts of Interest Policy, provisions described by University’s Standards of Conduct Guide, or applicable state ethics laws or rules.

1.23 CRIMINAL BACKGROUND CHECKS. Individual who is assigned to perform the Work under this Agreement will be an employee of Architect/Engineer or an employee of a permitted subcontractor engaged by Architect or Engineer. Architect or Engineer is responsible for the performance of all individuals performing the Work under this Agreement.

Prior to commencing the Work, Architect or Engineer will (1) provide University with a list ("List") of all individuals who may be assigned to perform the Work, and (2) have an appropriate criminal background screening performed on all such individuals within the last twelve (12) months. Architect or Engineer shall determine on a case-by-case basis whether each individual assigned to perform the Work is qualified to provide such services. Architect or Engineer will not knowingly assign any individual to provide services on University’s campus who has a history of criminal conduct unacceptable for a university campus, including:

1) Drug distribution activity or felony drug possession

2) Sexual offenses

3) Crimes of violence involving physical injury to another person

4) Child abuses, molestation or other crimes involving child endangerment

5) Murder

6) Kidnapping

7) Theft or embezzlement

8) Any crime involving moral turpitude

Architect or Engineer will update the List each time there is a change in the individuals assigned to perform the Work.

Prior to commencing performance of the Work under this Agreement, Architect or Engineer will provide University a letter signed by an authorized representative certifying compliance with this Section. Architect or Engineer will provide University an updated certification letter each time there is a change in the individuals assigned to perform the Work.

1.24 UNDOCUMENTED WORKERS: The Immigration and Nationality Act (8 United States Code

1324a) (“Immigration Act”) makes it unlawful for an employer to hire or continue employment of undocumented workers. The United States Immigration and Customs Enforcement Service has established the Form I-9 Employment Eligibility Verification Form (“I-9 Form”) as the document to be used for employment eligibility verification (8 Code of Federal Regulations 274a). Among other things, Contractor is required to: (1) have all employees complete and sign the I-9 Form certifying that they are eligible for employment; (2) examine verification documents required by the I-9 Form to be presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the I-9 Form, and complete the certification portion of the I-9 Form; and (4) retain the I-9 Form as http://www.uta.edu/policy/hop/adm/5/508 https://www.uta.edu/policy/procedure/3-34 https://www.ethics.state.tx.us/ required by Applicable Laws. It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status. If Contractor employs unauthorized workers during performance of this Project in violation of the Immigration Act then, in addition to other remedies or penalties prescribed by Applicable Laws, University may terminate this Agreement. Contractor represents and warrants that it is in compliance with and agrees that it will remain in compliance with the provisions of the Immigration Act.

1.25 DISCLOSURE REQUIREMENTS: As part of the contract execution process, and as required by

House Bill 1295, the successful Proposer will be required to complete and submit Form 1295 “Certificate of Interested Parties” for certain types of contracts expected to exceed $1 million over the potential life of the contract. The form can be downloaded at https://www.ethics.state.tx.us/filinginfo/1295/. The form requires disclosure of parties with controlling interest and/or any intermediaries acting on behalf of the Proposer.

“Controlling Interest” means

1) an ownership interest or participating interest in a Business Entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent;

2) membership on the board of directors or other governing body of a Business Entity of which the board or other governing body is composed of not more than 10 members; or

3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a Business Entity that has more than four officers.

“Intermediary” means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the Business Entity who:

1) Receives compensation from the Business Entity for the person’s participation;

2) Communicates directly with the UT Institution on behalf of the Business Entity regarding the contract; and

3) Is not an employee of the Business Entity

1.26 GROUP PURCHASE AUTHORITY: Texas law authorizes institutions of higher education

(defined by Section 61.003, Education Code) to use the group purchasing procurement method (ref. Sections 51.9335, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Respondent under this RFQ.

SECTION 2 – EXECUTIVE SUMMARY

2.1 HISTORICAL BACKGROUND: Stephen F. Austin State University, the newest member of The

University of Texas System, began a century ago as a teachers’ college in Texas’ oldest town, Nacogdoches. Today, it has grown into a regional institution comprising six colleges — business, education, fine arts, forestry and agriculture, liberal and applied arts, and sciences and mathematics. Accredited by the Southern Association of Colleges and Schools, SFA enrolls approximately 11,000 students while providing the academic breadth of a state university with the personalized attention of a private school. The main campus encompasses 421 acres that include 36 academic facilities, nine residence halls, and 68 acres of recreational trails that wind through its six gardens. The university offers more than 80 bachelor’s degrees, more than 40 master’s degrees and four doctoral degrees covering more than 120 areas of study. Learn more at sfasu.edu.

https://www.ethics.state.tx.us/filinginfo/1295/

2.2 PROJECT DESCRIPTION, SCOPE: Architectural/Engineering services will be provided on an

“as needed” when called for basis for open ended professional services, for small projects, preliminary work related to new construction, renovations, and daily operations assisting the SFA Physical Plant Department.

Work includes services on a per-project basis support with planning and projects including, but not limited to,

• Accessibility, life safety, programming, code review, interior design, cost estimating, landscaping

• Structural, civil, land survey, geotechnical, materials testing,

• Recommending and overseeing project delivery systems appropriate to the nature of the project

• Construction observation

• Consultation, investigation, evaluation, analysis, planning, providing expert opinions, completing studies, providing technical reports, etc.

• As well as any respective sub-disciplines

• Mechanical, electrical and plumbing

Typically, work required may be a part of a larger project or could be the primary goal of the project. Generally, projects will be primary, or some combination thereof, for the renovation, alteration, repair or maintenance of campus facilities.

The University desires to contract with one or more Architects and/or Engineers for Services. The initial contract will be from date of award of contract through one (1) year after award date. The University reserves the right to renew the contract for an additional two (2), one

(1) year periods on an annual basis. Architect/Engineer will provide a range of services for various minor projects to include construction projects, renovation projects, remodeling projects, ADA compliance evaluation and design projects, repair projects, and maintenance projects on buildings (interior and exterior), streets, parking lots, and other miscellaneous areas. Owner does not warrant or represent that any or all of such potential work will actually be requested to be performed, or that Project Architect/Engineer will be entitled to perform any particular volume or amount of services.

The Project Architect/Engineer will perform architectural and/or engineering investigation, design, concept visualization, renderings and graphics, and construction phase services for projects as specifically authorized by the Owner. The Project Architect/Engineer will consult with the Owner to clarify and define Owner’s requirements relative to the assignments and review available data. Requirements will be set forth in the Task Order issued for each assignment. The Project Architect/Engineer shall perform within the professional standards normally accepted in the State of Texas, professional services associated with individual assignments as authorized by the Owner and as described in the scope of services for each assignment so authorized by Task Order.

This will not be an exclusive contract between the selected Architect/Engineer firm(s) and Stephen F. Austin State University. The University reserves the right to contract for like-type services when such contracting is in the best interest of the University.

SECTION 3 – REQUIREMENTS FOR STATEMENT OF QUALIFICATIONS

Respondents shall carefully read the information contained in the following criteria and submit a complete statement of Qualifications to all questions in Section 3 formatted as directed in Section 4.

Incomplete Qualifications will be considered non-responsive and subject to rejection.

3.1 CRITERIA ONE: (30%) RESPONDENT’S STATEMENT OF QUALIFICATIONS AND

EXPERIENCE: (Maximum of two (2) pages, one sided, per question)

3.1.1 Provide a statement of interest for the requested services including a narrative describing the Prime Firm’s unique qualifications as they pertain to the services described in this RFQ.

3.1.2 Provide a statement on the availability and commitment of the Prime Firm and its principal(s) and assigned professionals to undertake the services described in this RFQ. If there is a change in proposed assigned professionals subsequent to firm’s response to this proposal, firm must notify SFA.

3.1.3 Provide a brief history of the Prime Firm and each consultant proposed for providing services. Include a graphic representation of your firm’s team including consultants with details of their experience, number of years with firm, qualifications and professional licensure and/or certifications.

3.1.4 Provide an experience working with colleges and universities.

3.1.5 Provide your firm’s experience with new construction, renovations, power plants, large underground utilities, and price estimating for proposed projects. Including experience with construction plan reviews and code compliance projects.

3.2 CRITERIA TWO: (15%) PRIME FIRM’S ABILITY TO PROVIDE SERVICES

3.2.1 Provide the following information for the Prime Firm:

Legal name of the company as registered with the Secretary State of Texas Address of the office that will be providing services Number of years in business Type of Operation (Individual, Partnership, Corporation, Joint Venture, etc…) Firm size and number of professionals by skill group/discipline Annual revenue totals for the past ten (10) years Signed, completed US IRS form W-9

3.2.2 Is your company currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please explain the impact both in organizational and directional terms.

3.2.3 Provide the three (3) most recent audited financial statements documenting your firm’s financial stability. If you do not have audited financial statements, please state why audited financial statements are not available and include your firm’s most recent financial statement.

3.2.4 Provide any details of all past or pending litigation or claims filed against your company that would affect your company's performance under a Contract with the Owner.

3.2.5 Is your company currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify date(s), details, circumstances, and prospects for resolution.

3.2.6 Does any relationship exist by relative, business associate, capital funding agreement, or any other such kinship between your firm and any Owner employee, officer or Regent? If so, please explain.

3.2.7 Provide a claims history under professional malpractice insurance for the past five (5) years for the Prime Firm and any team members proposed to provide professional architectural or engineering services.

3.3 CRITERIA THREE: (25%) PROJECT TEAM’S ABILITY TO PROVIDE SERVICES

3.3.1 Describe, in graphic and written form, the proposed project assignments and lines of authority and communication for principals and key professional members of each consultant that will be involved in the project. Indicate the estimated percent of time these individuals will be involved in providing services.

3.3.2 Provide resumes giving the experience and expertise of the professional members for each consultant that will be involved in providing services for projects, including their experience with similar projects, the number of years with the firm, and their city of residence.

3.3.3 Clearly identify the members of the proposed team who worked on the listed projects in

Criteria 3.4 and 3.5, and describe their roles in those projects.

3.3.4 Provide the willingness to work on small projects and answer questions that require minimal amounts of time.

3.3.5 Provide the process of involvement and communication between firm, SFA, and any other consultants or contractors for the type of work described herein, including the ability and willingness to make on-site visits as requested.

3.3.6 Provide a list of the types of professional services your firm’s team can provide in a table format in accordance with section 1.1.2.

3.4 CRITERIA FOUR: (10%) PRIME FIRM’S REFERENCES

3.4.1 List a maximum of five (5) projects for which the prime firm provided or is providing professional services which are most related to the services requested in this solicitation, with particular emphasis on work completed under an IDIQ agreement and/or projects for institutions of higher education (or similar). Provide the following information for each project listed:

Project name, location, contract delivery method, and description of services provided Final Construction Cost, including Change Orders Final project size in gross square feet Type of construction (new, renovation, or expansion) Actual start and finish dates for design Actual Notice To Proceed and Substantial Completion dates for construction Description of professional services Prime Firm provided for the project Name of Project Manager (individual responsible to the Owner for the overall success of the project) Name of Project Architect (individual responsible for coordinating the day to day work) Name of Project Designer (individual responsible for design concepts)

Consultants

References (for each project listed above, identify the following):

The Owner’s name and representative who served as the day-to-day liaison during the design and construction phases of the project, including telephone number

Contractor’s name and representative who served as the day-to-day liaison during the Preconstruction and/or construction phase of the project, including telephone number

Length of business relationship with the Owner.

References shall be considered relevant based on specific project participation and experience with the Respondent. The Owner may contact references during any part of this process. The Owner reserves the right to contact any other references at any time during the RFQ/P process.

3.5 CRITERIA FIVE: (10%) RESPONDENT’S PAST PERFORMANCE ON U.T. SYSTEM

PROJECTS

3.5.1 Identify and describe the Prime Firm’s past experience on U.T. System projects within the last five (5) years. Projects may repeat with Section 3.4 above.

If the Prime Firm (or it’s consultants) has not previously provided services for U.T. System institutions, then identify and describe the Prime Firm’s past performance on projects for “major” institutions of higher education (or similar) within the last five (5) years.

In either case above, provide the following information for each project listed:

Project name, location, contract delivery method, and description Color images (photographic or machine reproductions) Final Construction Cost, including Change Orders Final project size in gross square feet Type of construction (new, renovation, or expansion) Actual start and finish dates for design Actual Notice To Proceed and Substantial Completion dates for construction Description of professional services Prime Firm provided for the project Name of Project Manager (individual responsible to the Owner for the overall success of the project) Name of Project Architect (individual responsible for coordinating the day to day work) Name of Project Designer (individual responsible for design concepts) Consultants

3.6 CRITERIA SIX: (10%) RESPONDENT’S KNOWLEDGE OF BEST PRACTICES

3.6.1 Describe the Prime Firm’s design philosophy, design methodology, and its process for integrating institutional standards into design.

3.6.2 Describe the Prime Firm’s quality assurance program explaining the method used and how the firm maintains quality control during the development of Construction Documents and quality assurance during the Construction phase of a project.

3.6.3 Describe your projects team’s demonstrated technical competence and management qualifications with institutional projects, particularly those for higher education.

3.6.4 Describe your cost estimating methods for the design phases. How do you develop cost estimates and how often are they updated? For any combination of three (3) projects listed in response to Criteria 3.4 and 3.5, provide examples of how these techniques were used and what degree of accuracy was achieved.

3.6.5 Describe the way in which your firm develops and maintains work schedules to coordinate with the Owner’s project schedule.

3.6.6 Describe the project team’s approach to assuring timely completion of this project, including methods you will use for schedule recovery if necessary.

3.6.7 Describe how you track Owner input and review comments on your design document submittals to confirm that they have been addressed.

3.6.8 Describe your understanding of the administrative challenges and opportunities associated with providing Design and Construction Administrative services with Owner on projects.

3.7 CRITERIA TEN: EXECUTION OF OFFER

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE.

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH

THE RESPONDENT'S QUALIFICATIONS. FAILURE TO COMPLETE, SIGN AND

RETURN THIS EXECUTION OF OFFER WITH THE QUALIFICATIONS MAY RESULT IN

REJECTION OF THE QUALIFICATIONS.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED QUALIFICATIONS OR

ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY

RESULT FROM THE SUBMISSION OF RESPONDENT’S QUALIFICATIONS, AND THE

RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE

CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT

OWNER'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT

OR PURCHASE ORDER.

3.7.1 By signature hereon, Respondent acknowledges and agrees that (1) this RFQ is a solicitation for Qualifications and is not a contract or an offer to contract; (2) the submission of Qualifications by Respondent in response to this RFQ will not create a contract between the Owner and Respondent; (3) the Owner has made no representation or warranty, written or oral, that one or more contracts with the Owner will be awarded under this RFQ; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this RFQ.

3.7.2 By signature hereon, Respondent offers and agrees to furnish to the Owner the products and/or services more particularly described in its Qualifications, and to comply with all terms, conditions and requirements set forth in the RFQ documents and contained herein.

3.7.3 By signature hereon, Respondent affirms that he has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted Qualifications.

3.7.4 By signature hereon, a corporate Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Texas Tax Code, or that the corporate Respondent is exempt from the payment of such taxes, or that the corporate Respondent is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable.

3.7.5 By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or Owner represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in Section 15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the Qualifications made to any competitor or any other person engaged in such line of business.

3.7.6 By signature hereon, Respondent represents and warrants that:

3.7.6.1 Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the RFQ;

3.7.6.2 Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFQ;

3.7.6.3 Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances;

3.7.6.4 Respondent understands (i) the requirements and specifications set forth in this RFQ and

(ii) the terms and conditions set forth in the Contract under which Respondent will be required to operate;

3.7.6.5 Respondent, if selected by the Owner, will maintain insurance as required by the

Contract;

3.7.6.6 All statements, information and representations prepared and submitted in response to this RFQ are current, complete, true and accurate. Respondent acknowledges that the Owner will rely on such statements, information and representations in selecting the successful Respondent. If selected by the Owner as the successful Respondent, Respondent will notify the Owner immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information.

3.7.7 By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the RFQ is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements, which may result from the submission of Respondent’s Qualifications.

3.7.8 (Not used)

3.7.9 By signature hereon, Respondent certifies as follows:

3.7.9.1 “Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”

3.7.9.2 “Under Section 2155.004, Texas Government Code, the vendor or applicant certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”

3.7.9.3 “Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each individual or business entity which is an engineer or architect proposed by Respondent as a member of its team was selected based on demonstrated competence and qualifications only.”

3.7.10 By signature hereon, Respondent certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between Respondent and an employee of any University of Texas component, or Respondent has not been an employee of any University of Texas component within the immediate twelve (12) months prior to your RFQ response. All such disclosures will be subject to administrative review and approval prior to the Owner entering into any contract with Respondent.

3.7.11 By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this RFQ. (ref. Section 2155.004 Texas Government Code).

3.7.12 Respondent represents and warrants that all articles and services quoted in response to this

RFQ meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation.

3.7.13 By signature hereon, Respondent signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

3.7.14 By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the State of

Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Respondent’s Qualifications.

3.7.15 By signature hereon, Respondent agrees that any payments that may become due under any agreements or other contractual arrangements, which may result from the submission of Respondent’s Qualifications, will be applied towards any debt including, but not limited to, delinquent taxes and child support that is owed to the State of Texas.

3.7.16 By signature hereon, Respondent certifies that the only members(s) of the Board of Regents of The University of Texas System, UT System Chancellor, any UT institution president nor any executive officer of the University of Texas System or it’s component institutions that has a financial interest, directly or indirectly, in the transaction that is the subject of the contract is identified below. Attach additional pages as necessary.

3.7.17 Execution of Offer: RFQ No. AE HOURLY-2024

The Respondent must complete, sign and return this Execution of Offer as part of their submittal response. The Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject the submittal to disqualification.

Respondent’s Name:

Respondent’s State of Texas Tax Account No:

(This 11 digit number is mandatory)

If a Corporation:

Respondent’s State of Incorporation:

Respondent’s Charter No:

Identify by name, each person who owns at least 25% of the Respondent’s business entity:

(Name)

Submitted and Certified By:

(Respondent’s Name) (Title)

(Street Address) (Telephone Number)

(City, State, Zip Code) (Fax Number)

(Authorized Signature) (Date)

SECTION 4 – FORMAT FOR STATEMENT OF QUALIFICATIONS

4.1 GENERAL INSTRUCTIONS

4.1.1 Qualifications shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the respondent's ability to meet the requirements of this RFQ. Emphasis shall be on the QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs.

4.1.2 Qualifications shall be a MAXIMUM OF FIFTY (50) PAGES size 8-1/2” x 11”, one-sided only. The cover, table of contents, divider sheets, HUB Subcontracting Plan (Section 1.13), Execution of Offer, do not count as printed pages.

4.1.3 Respondents shall carefully read the information contained in this RFQ and submit a complete response to all requirements and questions as directed. Incomplete Qualifications will be considered non-responsive and subject to rejection.

4.1.4 Qualifications and any other information submitted by respondents in response to this RFQ shall become the property of the Owner.

4.1.5 The Owner will not compensate respondents for any expenses incurred in Qualifications preparation or for any presentations that may be made, unless agreed to in writing in advance or required by law. Respondents submit Qualifications at their own risk and expense.

4.1.6 Qualifications that are qualified with conditional clauses, alterations, items not called for in the RFQ documents, or irregularities of any kind are subject to rejection by the Owner, at its option.

4.1.7 The Owner makes no representations of any kind that an award will be made as a result of this RFQ, or subsequent RFP. The Owner reserves the right to accept or reject any or all Qualifications, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFQ when deemed to be in Owner's best interest.

4.1.8 Qualifications shall consist of answers to questions identified in Section 3 of the RFQ. It is not necessary to repeat the question in the Qualifications; however, it is essential to reference the question number with the corresponding answer.

4.1.9 Failure to comply with all requirements contained in this Request for Qualifications may result in the rejection of the Qualifications.

4.2 TABLE OF CONTENTS:

4.2.1 Submittals shall include a “Table of Contents” and give page numbers for each part of the

4.3 PAGINATION:

4.3.1 Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.); the Respondent is not required to number the pages of the HUB Subcontracting Plan.

4.4 HUB SUBCONTRACTING PLAN SUBMITTAL:

4.4.1 Submit one (1) electronic copy of HUB Subcontracting Plan (attached) at the same time as

SECTION 5 - ATTACHMENTS TO THE RFQ

5.1 Attachment 1: Draft Agreement Between Stephen F. Austin State University and Project

Architect/Engineer

5.2 Attachment 3: Acknowledgement of Addenda, if any

5.3 Attachment 4: HUB Subcontracting Plan

Attachment 1:

Draft Agreement Between Stephen F. Austin State University and Project Architect/Engineer

Issued 9/15/2021 ems

AGREEMENT

for

MISCELLANEOUS SERVICES PROVIDED or ENGINEERING SERVICES on

PROJECTS OF LIMITED SCOPE

This Agreement is made as of , 20___ (the “Effective Date”), by and between:

The Owner: Stephen F. Austin State University

The University of Texas System 2102 Alumni Drive, Austin Bldg., Room 131 Nacogdoches, TX 75962 and

Architect/Engineer:

Texas Tax Account No.

Contract No.

This Agreement is for the provision of miscellaneous architectural or engineering services for projects of limited scope, to be performed on a non-exclusive, indefinite quantity basis, as requested by the Owner in accordance with the terms of this Agreement. Architect or Engineer (individually and collectively “Services Provider”) represents that it has the knowledge, ability, skills and resources to provide such Services in accordance with the terms and requirements of this Agreement.

The Owner and the Services Provider agree as follows:

ARTICLE 1

TERM OF AGREEMENT

1.01 Initial Term: This initial term of this Agreement shall begin on the effective date and shall expire one (1) year after that date unless renewed or terminated in accordance with the terms of the Agreement.

1.02 Renewal Option: The Owner has the option to renew this Agreement terms for two (2) successive one (1) year periods upon written notice to the Services Provider at least sixty (60) days prior to the expiration of the initial or any subsequent term.

1.03 Completion of Work in Progress: The Owner has the option to extend the term of this

Agreement, or any renewal period, as necessary for Services Provider to complete work on any project approved by the Owner prior to the expiration of the Agreement.

ARTICLE 2

AUTHORIZED CONTRACT SUM

2.01 Contract Sum: The overall maximum value of this contract is indefinite, subject to the contractual authority delegated by the Board of Regents to the Owner’s representative. The overall maximum contract value will not exceed the amount of $2,500,000 (two million 500 dollars) without prior Board of Regents authorization. Allowable fees for each specifically authorized project will be established in an “Authorization to Commence Work” issued by the Owner. Invoices for authorized work performed by the Services Provider shall not exceed the fees established for any portion of authorized work.

Established fee amounts shall not be increased except by written amendment to a previously issued Authorization to Commence Work executed by the Owner and the Services Provider.

2.02 No Minimum Amount of Work: Owner makes no representations regarding the amount or type of services, if any, that Services Provider will be asked to provide to Owner during the term(s) of this Agreement. It is expressly understood that the Owner is under no obligation to request any services from Services Provider and no minimum amount of work is required or contemplated under this Agreement.

All service requests will be made by the Owner on an as-needed basis, subject to future agreement on the scope of the work and the fee.

ARTICLE 3

SCOPE OF WORK

3.01 In General: The Services Provider agrees to provide architectural or engineering services on a per-project basis as requested by the Owner in accordance with the terms of this Agreement. These services are generally described as, but are not limited to:

A. Structural Engineering B. Structural Strengthening C. Building Condition and Performance Analysis D. Infrastructure (utility evaluations, mapping, locations, relocations, renovations, etc.)

E. Drainage Corrections and redesign F. Parking Lot Design, Layout, and Renovations G. MEP Engineering H. Planning/Programming I. Materials Testing J. Geotechnical Engineering

3.02 Project Scope: The specific scope of work for each project shall be determined in advance and in writing between the Owner and the Services Provider.

3.03 Project RFP: The Owner shall prepare a Project Request for Proposal (“Project RFP”) identifying the project and describing, in general, the intended scope and character of the project, the preliminary cost estimate and schedule for the project, and the basic services to be provided by the Services Provider for the project.

3.04 Project Proposal: In response to a Project RFP, the Services Provider shall provide Owner with a written Project Proposal. The Project Proposal shall include the following:

a. A narrative description of Services Provider’s understanding of the project scope of work;

b. A detailed statement of the basic and additional services anticipated for the project, including a list of deliverables;

c. A description of particular phases of the scope of the work,…