ESBD_372537_1723653703923_FPC-24-207 SUE Services RFQ.pdf

THE TEXAS A&M UNIVERSITY SYSTEM

Office of Procurement and HUB Program

REQUEST FOR QUALIFICATIONS

SUBSURFACE UTILITY ENGINEERING SERVICES

RFQ NUMBER: RFQ01 FPC-24-207

QUALIFICATIONS SUBMITTAL MUST BE RECEIVED BEFORE:

2:00 P.M. Central Time on September 10, 2024

EMAIL RFQ RESPONSES TO:

SOPROCUREMENT@TAMUS.EDU

SUBJECT LINE: FPC-24-207 SUBSURFACE UTILITY ENGINEERING SERVICES

NOTE: SUBMITTAL must be received by The Texas A&M University System Office of Procurement and HUB Program before the date and time specified for receipt of submittal as stated within Section 2.4 of this RFQ. After the due date and time, only the names of respondents will be made public.

REFER INQUIRIES TO:

Jeff Zimmermann, Executive Director

Procurement and Business Services | HUB Program The Texas A&M University System soprocurement@tamus.edu

All submittals shall become the property of the State of Texas upon receipt. Submittals may be subject to public review after contracts have been executed. Refer to Section 5.G. for more information regarding public information.

mailto:SOPROCUREMENT@TAMUS.EDU mailto:Soprocurement@tamus.edu

The Texas A&M University System RFQ01 FPC-24-207 Page 2 of 33

TABLE OF CONTENTS

SECTION 1. GENERAL

SECTION 2. INSTRUCTIONS FOR RESPONDENTS

SECTION 3. SCOPE OF WORK

SECTION 4. STATEMENT OF QUALIFICATIONS

SECTION 5. GENERAL TERMS AND CONDITIONS

Exhibit A – Execution of Offer

Exhibit B – Non-Collusion Affidavit

Exhibit C – Serivice Location Matrix

Exhibit D – Insurance

Exhibit E – Master Services Agreement (Draft)

The Texas A&M University System RFQ01 FPC-24-207 Page 3 of 33

SECTION 1

GENERAL

1.1 Scope

The Texas A&M University System (“A&M System”), Office of Facilities Planning & Construction (“FP&C”), is soliciting Statements of Qualifications (“Qualifications”) from companies (also hereafter referred to as “Respondent”) with an established history of expertise and qualifications for Subsurface Utility Engineering (SUE) services.

The A&M System is dedicated to the ongoing program to improve and expand all physical facilities in support of the teaching, research and service missions of each university and agency of The Texas A&M University System.

It is the intent of the A&M System to establish a master services agreement (“Agreement”) with more than one company to meet its needs. The required services shall be administered in accordance with the terms, conditions, and requirements set forth in this Request for Qualifications (RFQ) for all FP&C managed construction projects. This shall also apply to work or projects done by other A&M System universities and agencies (“Members”) that may choose to utilize a company as a result of this RFQ.

By submitting a response, each Respondent certifies that it understands this RFQ and has full knowledge of the scope, nature, quality, and the amount of the work to be performed, the detailed requirements of the services to be provided, and the conditions under which the services are to be performed.

1.2 About the A&M System

The Texas A&M University System is one of the largest systems of higher education in the nation, with a budget of $7.3 billion. Through a statewide network of 11 universities, a comprehensive health science center, eight state agencies, and the Texas A&M-RELLIS campus, the Texas A&M System educates more than 157,000 students and makes more than 21 million additional educational contacts through service and outreach programs each year. System-wide, research and development expenditures exceed $1 billion and help drive the state’s economy. More information about the Texas A&M University System and all of its members can be found at http://www.tamus.edu/about/.

1.3 Purpose

The purpose of this RFQ is to solicit qualifications from companies who can provide SUE services to include but not limited to consulting, design, assessment, and coordination. Refer to Section 3 for the full Scope of Work and requirements.

The intent of this RFQ is to allow all interested / prospective companies to provide a sufficient amount of data that will enable the A&M System to assess the qualifications of the Respondent. To this end, each Respondent shall furnish, as a part of the qualifications, a complete general description of experience in their respective fields.

By submitting qualifications, each Respondent certifies that it understands this RFQ and has full knowledge of the scope and nature of the opportunity described herein. Each Respondent also certifies that it understands that all costs relating to preparing and responding to this RFQ will be the sole responsibility of the Respondent.

1.4 Priorities/Expectations

(a) Ensuring a Quality Level of Service. This priority encompasses the quality of the level of service that can be provided to all A&M System members in a timely, cost effective manner. A&M System is seeking a Respondent(s) that will ensure the provision of such quality in its delivery of service through proven techniques and established practices.

http://www.tamus.edu/about/

The Texas A&M University System RFQ01 FPC-24-207 Page 4 of 33

(b) Level of Experience and Expertise. Respondent must demonstrate its capabilities in providing the utmost level of experience and expertise to ensure a successful project as determined by A&M System.

(c) Delivery Efficiency. Respondent must demonstrate its ability to deliver the required services in a timely manner while not sacrificing the quality required by a Tier I research System.

1.5 Performance Period

The intention of this RFQ is to qualify companies to be included in a pool for the services defined in this RFQ. Should A&M System, in its sole discretion, enter into an Agreement with the successful Respondent(s) as a result of this RFQ, the Agreement shall be effective as of the date that is agreed upon by A&M System and successful Respondent(s). A&M System anticipates that the initial term of any such Agreement will extend for three (3) years, with the option to renew for up to two additional two (2) year terms, providing all parties mutually agree on the extension. Any extensions shall be at the same terms and conditions plus any approved changes to be determined by A&M System and negotiated in writing with the successful Respondent(s).

The Texas A&M University System RFQ01 FPC-24-207 Page 5 of 33

SECTION 2

INSTRUCTION FOR RESPONDENTS

2.1 General Information

The A&M System is soliciting submittals from qualified companies who have significant experience in SUE services, preferably with institutions of higher education and university systems. These basic services are outlined in the Scope of Work (Section 3) and are intended to be provided under the general supervision of FP&C. However, the individual A&M System Members also have authority and option to utilize any resulting Agreement for these services.

This RFQ outlines scope and requirements in Section 3. Submittals are to be in accordance with all scope, requirements, and terms contained herein, and remain in effect a minimum of 120 days from the date of submission and may be subject to further extensions as negotiated. A statement to this effect should be contained in the Respondent's cover letter.

The Respondents selected shall have an excellent track record for providing these services relative to the size and scope of A&M System projects and shall agree to provide these services to A&M System with a top priority commitment. A&M System may select as many Respondents as needed to ensure coverage throughout the State of Texas at the various System members’ locations.

This RFQ contains specific requests for information. Respondents are encouraged to examine all sections of this RFQ carefully, in that the degree of interrelationship between sections is critical. In responding to this RFQ, Respondents are encouraged to provide any additional information they believe relevant.

Clause headings appearing in this RFQ have been inserted for convenience and ready reference. They do not purport to define, limit or extend the scope or intent of the respective clauses. Whenever the terms “must", "shall", "will", "is required”, or "are required” are used in the RFQ, the subject being referred to is to be a required feature of this RFQ and critical to the resulting submittal.

In those cases where mandatory requirements are stated, material failure to meet those requirements could result in disqualification of the Respondent's response. Any deviation or exception from any requirements or terms of the RFQ must be clearly identified by the Respondent in its submittal.

2.2 Calendar of Events

Activity Responsibility Date

Release of RFQ A&M System August 14, 2024

Deadline to Submit Questions Respondent August 26, 2024

Release of Addendum (if applicable) A&M System August 30, 2024

RFQ Responses Due Respondent September 10, 2024

Selection of Qualified Respondents A&M System TBD

A&M System will make every effort to adhere to the above schedule. The schedule, however, is subject to change. This may be in the event that further clarification of responses or terms of contract are in the best interest of A&M System and/or in the event A&M System requires more time to assure that the selection of the Respondent is in accordance with its policies, rules and regulations, as well as actual timing needs.

2.3 Examination of the Request for Qualifications

Before submitting, each Respondent will be held to have examined the A&M System requirements outlined in Section 3, and satisfied itself as to the existing conditions under which it will be obligated

The Texas A&M University System RFQ01 FPC-24-207 Page 6 of 33 to perform in accordance with specifications of this RFQ.

No claim for additional compensation will be allowed due to unfamiliarity with the specifications and/or existing conditions. It shall be understood that the Respondent has full knowledge of all of the existing and/or revised conditions and accepts them "as is."

2.4 Submittal Instructions

All qualification submittals must be received by A&M System no later than 2:00:00 p.m. Central Time, September 10, 2024, electronically via email to soprocurement@tamus.edu with the subject line of “FPC-24-207 - Subsurface Utility Engineering Services”. The sent time indicated within the A&M System email server shall be used for the receipt and acceptance of the response. Late submittals will not be considered under any circumstances.

Submittal Format: Submission shall be saved as two (2) separate files in Adobe Portable Document Format (PDF) according to the items listed below and named as such; I) “company name – Qualification Statement”, II) “company name – Forms”.

2.5 Submittal Components

The following documents are to be returned as part of the Respondence’s qualification submittal.

Failure to include these sections/documents may be basis for response disqualification.

I. Qualification Statement

Cover Letter

Table of Contents

Statement of Qualifications (Section 4)

Service Location Matrix (Exhibit C)

II. Forms

Signed Execution of Offer (Exhibit A)

Signed and notarized Non-Collusion Affidavit (Exhibit B)

HUB Participation Plan (Section 3.4)

Other Requirements:

• Qualification Statement shall be a MAXIMUM of twenty-five (25) pages. The cover letter, table of contents, divider pages, and the Exhibits do not count toward this maximum page count.

• Additional attachments shall NOT be included with the Qualification Statement. Only the responses provided by the Respondent to the questions identified in Section 4 of this RFQ will be used by the A&M System for evaluation.

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

• Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.).

Qualification Statement shall consist of answers to questions identified in Section 3.4 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.

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

Note: Additional information regarding the Execution of Offer and Non-Collusion Affidavit.

mailto:soprocurement@tamus.edu

The Texas A&M University System RFQ01 FPC-24-207 Page 7 of 33

• Execution of Offer: The signature in the Execution of Offer within the electronic copy shall serve as the official signature of record. Signature can be done electronically with DocuSign, Adobe or another similar tool.

• Non-Collusion Affidavit: The Respondent signature on this document may be done electronically with DocuSign, Adobe or another similar tool. An agreement may not be executed with an awarded Respondent until this document is fully signed and notarized.

2.6 Inquiries and Interpretations

All questions concerning this RFQ are to be directed to Jeff Zimmermann, Executive Director of Procurement & Business Services, in writing at soprocurement@tamus.edu. Respondent may not contact other individuals at A&M System to discuss any aspect of this RFQ, unless expressly authorized by the A&M System Procurement Office to do so.

Questions regarding the RFQ, including questions for more data or information beyond that included in this RFQ and any attachment(s), should be presented in writing. Deadline for submission of questions is August 26, 2024. The A&M System will publish all questions with responses according to the schedule in Section 2.2.

Responses to inquiries which directly effect an interpretation or change to this RFQ will be issued in writing by addendum/amendment and and posted to the Electronic State Business Daily (ESBD) at the following site; http://www.txsmartbuy.com/sp according to the schedule in Section 2.2 above. Within the ESBD search, input Agency Number “710” and select “Posted” for the Status.

It is the responsibility of all REPONDENTS to check the ESBD for any and all addenda issued for this RFQ. All such addenda/amendments issued by A&M System prior to the time that qualifications are received shall be considered part of the RFQ, and the Respondent shall consider and acknowledge receipt of such in the Execution of Offer. Only those A&M System replied to inquiries which are made by formal written addenda/amendments shall be binding. Oral and other interpretations or clarification will be without legal effect.

2.7 Selection Process

It is the intention of the A&M System to utilize the information received from Respondents qualification submissions to award and form a pool of pre-qualified companies from which it may select to assist the A&M System on an as-needed basis. Each project assignment will be documented individually and will extend for as long as agreed to by the parties. A&M System will base its choice on demonstrated competence, knowledge, and qualifications of the Respondent.

The Respondent(s) selected will be the one who’s experience and qualifications, as presented in response to this RFQ, establish them, in the opinion of A&M System, as well qualified and offering the greatest benefits, experience and value to A&M System, and demonstration of good faith efforts made by the Respondent to contract with a HUB(s) to perform work, supply commodities, or contribute toward completing the scope of work. If other considerations are equal, the A&M System may give preference to a Respondent who is certified as a HUB in the state of Texas, whose principal place of business is in the state of Texas, or who will manage the contract wholly from an office in the state of Texas. A&M System may cancel this RFQ or reject Qualifications at any time prior to an award, and is not required to furnish a statement of the reasons why a particular qualification was not deemed to be the most advantageous.

A&M System, at its sole discretion, may select as many companies as deemed to be in A&M System’s best interest to meet the needs throughout The Texas A&M University System. All Respondents selected will be required to sign a master agreement. The master agreement does not guarantee that a project(s) assignment will be made. Should A&M System determine in its sole discretion that only one Respondent is fully qualified, or that one Respondent is clearly more highly qualified than the others under consideration, an agreement may be negotiated and awarded to that Respondent. The mailto:soprocurement@tamus.edu http://www.txsmartbuy.com/sp

The Texas A&M University System RFQ01 FPC-24-207 Page 8 of 33 award document will be an agreement incorporating by reference all the requirements, terms and conditions of the RFQ and the Respondent’s qualification as negotiated.

Submission of qualifications indicates Respondent's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by A&M System during the evaluation process.

It is the intent of A&M System to qualify multiple submissions. The selection of the successful submission(s) may be made by A&M System on the basis of the submissions initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful submission(s) may be made by A&M System on the basis of negotiation with any of the Respondents.

A&M System shall not disclose any information derived from the submissions provided by competing Respondents in conducting such discussions.

All submissions must be complete and convey all of the information requested to be considered responsive. If a submission fails to conform to the essential requirements of the RFQ, A&M System alone will determine whether the variance is significant enough to consider the submission susceptible to being made acceptable, and therefore a candidate for further consideration, or not susceptible and therefore not considered for award.

The A&M System may perform reference checks and seek further information, as needed from all Respondents whose submission the A&M System, at its discretion, considers viable, based on the initial evaluation and ranking. The Respondent’s response to this requirement officially authorizes the A&M System to contact these organizations to discuss the services and other considerations which the Respondent has provided to such organizations and authorizes the organizations to provide such information to the A&M System and Respondent shall and hereby does release and hold harmless the A&M System, the state of Texas, and the organization of any and all liability whatsoever, in connection with providing and receiving all such information. Any negative responses received from reference checks may be grounds for disqualification of the submission.

A&M System reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept qualifications considered most advantageous, and/or to make the award to the most responsive Respondent(s).

The Texas A&M University System RFQ01 FPC-24-207 Page 9 of 33

SECTION 3 - SCOPE OF WORK

3.1 Goal

The A&M System is soliciting Statements of Qualifications from companies with an established history of providing high quality and cost effective SUE services. It is the intent of the A&M System to contract with multiple Respondents to provide a pool of companies who can provide these services for all FP&C managed construction projects. Other A&M System Members may elect to utilize this pool for work or projects managed at their respective institution.

The services to be provided may include assistance with capital projects for the A&M System and its Members. As such, these projects must be in conformance with A&M System policies and regulatory and statutory requirements for State of Texas public higher education facility projects. Demonstrated past experience with State of Texas public higher education facility projects will be given strong consideration in the evaluation process.

3.2 Services Required

The required services of a Respondent chosen for a particular project shall consist of working under the direct supervision of A&M System member’s staff to provide design, and/or construction support on an “as needed” basis.

The selected Respondent(s) will be responsible for providing all necessary equipment including but not limited to computer, software, digital camera and cell phone as part of their overhead and without separate reimbursement.

The respondence shall be familiar with and be able to apply state, federal and local regulations and standards pertaining to SUE services, including the latest edition of The American Society of Civil Engineers' ASCE 38-22 Standard Guideline for Investigating and Documenting Existing Utilities and ASCE 75-22 Standard Guildine for Recording and Exchnaging Utility Infrastructure Data. The ASCE standards makes it very clear that SUE is a process, not a technology. It defines SUE as a branch of engineering practice that involves managing certain risks. It defines SUE as a branch of engineering practice that involves managing certain risks associated with:

• Utility mapping at appropriate quality levels by surveying SUE data acquired during the designating and locating phases to project control and transfer it into CADD system and/or onto its plans

• Utility coordination

• Utility relocation design and coordination

• Utility condition assessment

• Communication of utility data to concerned parties

• Utility relocation cost estimates

• Implementation of utility accommodation policies, and

• Utility design

The above activities, combined with traditional records research and site surveys, and utilizing new technologies such as surface geophysical methods and non-destructive vacuum excavation, provide "quality levels" of information.

There are four recognized quality levels of underground utility information ranging from Quality Level (QL) D (the lowest level) to Quality Level A (the highest level). The highest level of accuracy and comprehensiveness is generally not needed at every point along a utility's path, only where conflicts with design features are most likely to occur. Hence, lesser levels of information may be appropriate at points where fewer conflicts or no conflicts are expected. Each of the four quality levels is described as follows:

The Texas A&M University System RFQ01 FPC-24-207 Page 10 of 33 o Quality Level D. QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall "feel" for the congestion of utilities, but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.

o Quality Level C. QL-C is probably the most commonly used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Its usefulness, therefore, is primarily on rural projects where utilities are not prevalent, or are not too expensive to repair or relocate.

o Quality Level B. QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called "designating". The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded facilities, and lost references. The proper selection and application of surface geophysical techniques as defined in the latest edition of ASCE’s Standard Guidelines for achieving QL-B data is critical. Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations and other design features can be made to successfully avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.

o Quality Level A. QL-A, also known as "locating", is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and also provides the type, size, condition, material and other characteristics of underground features.

Items to Note:

• If any of the services required in this RFQ and with considerations noted below cannot be accomplished by one prime firm, then balance of work is to be subcontracted and the Respondent(s) are to follow the process in Section 3.4. For any given project one prime firm or one prime firm with subcontractors will need to provide all of the requested services.

• The scope to be performed will be set forth in each project authorization and be based on established normalized unit rates and a proposal of units from the Respondent for the particular assignment. A purchase order will prescribe a scope of work with a not-to-exceed fee for each assignment.

• It is the intent of the A&M System to contract with multiple Respondents to provide a pool of vendors who can provide these services for all A&M System institutional/agency managed construction projects and System Offices managed construction projects.

• As such, these projects must be in conformance with A&M System policies and regulatory and statutory requirements for State of Texas public higher education facility projects.

Demonstrated past experience with State of Texas public higher education facility projects will be given strong consideration in the evaluation process.

• SUE services required by A&M System members will vary and will be determined on a project-by-project basis.

The Texas A&M University System RFQ01 FPC-24-207 Page 11 of 33

3.3 Project Assignments

SUE services will be assigned, when required, to a project or projects from the pool of vendors established by this RFQ. Note that inclusion in the pool is not a guarantee of work or project assignments for any of the service providers. Below are some of the factors considered by FP&C regarding assignment of a project or projects.

• Location of Respondent in relation to the project(s)

• Budget considerations

• HUB participation

• Work distribution within the pool as practical

Depending on the scope and cost of the project, the awarded Respondentr may be required to provide insurance and a HUB Subcontracting Plan (HSP). Refer to Section 3.4 for HSP requirements.

3.4 HUB Goal Achievement Plan & HUB Subcontracting Plan

It is the policy of the State of Texas and the A&M System to encourage the use of Historically Underutilized Businesses (HUBs) both directly and indirectly in prime contracting and subcontracting efforts. The goal of the HUB Program is to promote equal access and equitable opportunity in the A&M System contracting and purchasing activities.

A subcontracting opportunity is defined as any portion(s) of the scope contracted with a vendor to work, supply commodities for, or contribute towards completing work for a governmental entity.

The Respondent is required to submit either a completed HUB Subcontracting Plan (HSP) form or a HUB Goal Achievement Plan detailing how they will conduct a good faith effort to attract and incorporate State of Texas HUB-certified vendors to perform a percentage of the scope of work defined within this RFQ.

The HUB participation goal for this RFQ is 20% and the Respondent is required to conduct a good faith effort to achieve this goal through subcontracting opportunities, mentor protégé relationships, or other means of meaningful business relationships to increase the capacity and utilization of HUB firms. Maximizing meaningful opportunities to HUBs is of the utmost importance to the A&M System.

The Respondent is required to complete and submit either a HUB Goal Achievement Plan or HUB Subcontracting Plan (HSP) form. Failure to submit a comprehensive, acceptable HUB Goal Achievement Plan or completed HSP form may be considered a material failure to comply with the requirements of this RFQ and may result in rejection of the response. Refer to Section 2.7 for details on the A&M System’s selection process.

HUB Goal Achievement (HUBA) Plan

If the Respondent elects to complete and submit a HUBA Plan, the plan is required to include details which outline and accurately represent the company’s strategy, procedures, and steps to incorporate HUB certified companies in the performance of this scope.

Within this plan, the Respondent is required to address the following items:

1. The Respondent shall state whether it is a Texas certified HUB vendor.

2. The Respondent shall state its commitment to conduct a good faith effort to include HUB vendors in this engagement.

3. The Respondent shall discuss the method in which it will identify subcontracting opportunities related to the scope(s) of work within this RFQ.

4. The Respondent shall describe the method in which it solicits HUB vendors regarding the subcontracting opportunities identified.

The Texas A&M University System RFQ01 FPC-24-207 Page 12 of 33

5. The Respondent shall discuss its existing relationships within the HUB community, including those with HUB-certified vendors, HUB-focused organizations, and non-HUB companies doing business with HUB-certified vendors. The Respondent shall also provide details on how these relationships will support their plan to connect with and invite HUB certified companies to bid on the subcontracting opportunities defined in Item 4 above.

6. If not already stated, the Respondent shall provide a list of the trade organizations or development centers that it intends to work with to inform and solicit HUBs to bid on the subcontracting opportunities identified in Item 4 above. Examples of these can be found at the following site: https://comptroller.texas.gov/purchasing/vendor/hub/resources.php.

HUB Subcontracting Plan (HSP) Form

If the Respondent elects to complete an HSP form, the Respondent is required to review and complete A&M System HSP form.

In all cases, the Respondent is required to:

i. Complete Section 1, Section 2, and Section 4 of the HSP form.

ii. Determine whether it is probable that they will subcontract any portion of the scope within this RFQ.

iii. Complete either Method A, Method B, or Section 3 as applicable based on the response to Section 2.

If the Respondent determines it is probable that they will subcontract any portion of the scope within this RFQ, the applicable HUB participation goal for this RFQ is 20%, and the Respondent is required to conduct and demonstrate a good faith effort to achieve this goal and list all anticipated subcontracting opportunities in Section 2b of the HSP form. Note: In all cases, the HUB goal stated within this RFQ takes precedence over the HUB goal stated on the downloaded HSP form.

Please contact the A&M System HUB Program Office at SO-HUBProgram@tamus.edu for assistance with completing the requirements of this section. Respondents may submit a draft of their HUB Goal Achievement Plan or HSP form prior to submittal of their response to the RFQ for review. All drafts must be submitted at least ten business days prior to the RFQ due date.

If Awarded

Any Respondent awarded an Agreement as a result of this RFQ will be required to comply with all good faith effort requirements. The HUB plan submitted with the proposal response will be included within the Agreement and the A&M System will monitor compliance and progress with all requirements. Per Texas Government Code 2161.253(d), if a determination is made that the Vendor failed to implement the plan in good faith, the A&M System, in addition to any other remedies, may bar the Vendor from further contracting opportunities with the A&M System.

For any Respondent selected and awarded a project from the pool in connection with this RFQ, the Respondent may be required to properly complete a separate, project specific HSP form which identifies the subcontracting opportunities anticipated for the scope of work as defined in that project and subcontractors anticipated to perform each subcontracting opportunity. If required, the project specific HSP will be due prior to beginning performance on the project scope of work.

https://comptroller.texas.gov/purchasing/vendor/hub/resources.php mailto:SO-HUBProgram@tamus.edu

The Texas A&M University System RFQ01 FPC-24-207 Page 13 of 33

SECTION 4 – STATEMENT OF QUALIFICATIONS

4.1 Statement of Qualifications

Respondents shall carefully read the information contained in the following criteria and submit a complete statement of qualifications to all items in their area of staffing and management expertise. Response shall be formatted as directed. Incomplete qualifications may be considered non-responsive and subject to rejection.

4.1.1 CRITERION ONE: RESPONDET’S STATEMENT OF QUALIFICATIONS AND AVAILABILITY TO

UNDERTAKE THE SERVICES

4.1.1.1 Provide a statement of interest including a narrative describing the Respondent’s qualifications, and any subcontractor pertaining to SUE services.

4.1.1.2 Provide a statement on the availability and commitment of the Respondent, subcontractors, and named key personnel to undertake and manage the services listed within Section 3 above.

4.1.1.3 Provide a brief history of the Respondent including all office location(s), number of Licensed Texas Professional Engineers, number of Licensed Texas Land Surveyors legal status, and officers. The Respondent shall have a minimum of three years of SUE experience.

4.1.1.4 Provide resumes of key personnel and the names of those employees who will be assigned to and directly involved with the delivery of services. Individuals in responsible charge of the work and responsible for certifying deliverables shall be Engineers and Land Surveyors employed by the SUE Respondent in accordance with Texas state professional registration requirements. Also identify the single point of contact and include phone number and email. Limit resumes to two (2) pages per person. Copies of certifications and listing of awards are limited to a total of 3 pages for each submitted resume.

4.1.1.5 Provide the Respondent’s organizational chart to demonstrate how project personnel will be organized to fulfill requirements under an agreement.

4.1.1.6 Address the Respondent’s specific qualifications for and ability to perform the Services Required as it relates to the Activities listed within Section 3 above.

4.1.1.7 Provide listing of all equipment owned and available for use to support SUEs including designating, locating, surveying, and computer (hardware and software) equipment.

4.1.1.8 Complete Exhibit C to indicate interest and ability to provide services at each of the specified Member locations.

4.1.2 CRITERION TWO: COMPANY BACKGROUND

4.1.2.1 Is the Respondent 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.

4.1.2.2 Provide any details of all past or pending litigation or claims filed against the Respondent that would affect the Respondent’s performance under a Contract with A&M System.

4.1.2.3 Is the Respondent 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.

The Texas A&M University System RFQ01 FPC-24-207 Page 14 of 33

4.1.2.4 Does any relationship exist by relation, business association, capital funding agreement, or any other such kinship between the Respondent and any A&M System employee, officer, or Regent? If so, please explain.

4.1.2.5 Provide a claims history under insurance for the past five (5) years for the company and any team members proposed to provide services.

4.1.3 CRITERION THREE: RESPONDENT’S KNOWLEDGE OF BEST PRACTICES

4.1.3.1 What methods will be used to collect subsurface data, and how will accuracy be ensured?

4.1.3.2 How will data from various sources (e.g., historical records, field surveys) be verified and validated?

4.1.3.3 What quality control measures are in place to ensure data integrity?

4.1.3.4 What contingency plans are in place in case of unexpected findings or emergencies?

4.1.3.5 What follow-up actions are necessary to address any outstanding issues identified during the SUE work?

4.1.4 CRITERION FOUR: RESPONDENT’S PERFORMANCE ON PAST REPRESENTATIVE PROJECTS

4.1.4.1 List three (3) examples of relevant, previous projects undertaken by the Respondent that best demonstrates the Respondent’s capacity and expertise to fulfill the requirements of the stated services. Each example should be well organized, and, when applicable, identify key personnel proposed for the A&M System agreement who worked on the example project. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed:

• Project name, location, and description

• Type of construction (new, renovation, or expansion)

• Project Start and End Date

• Cost of Construction

• Description of services the Respondent provided for the project and office location that supported the services

• Name and phone number of the Project Manager or the Respondent’s individual responsible for the overall success of the project.

• Key subcontractors, if used

• The name of the owner’s representative(s) who would be most familiar with the project, and contact information including telephone number and email address

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

Note: Examples that involve public higher education institutions are preferred. Past experience in the state of Texas and demonstrated knowledge and understanding of Texas markets is also preferred. Demonstrated experience with a variety of building types and with campuses in various stages of development is also useful.

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4.1.5 CRITERION FIVE: RESPONDENT’S SIGNED EXECUTION OF OFFER

4.1.5.1 No response in the Statement of Qualifications is required by the Respondent for Criterion Five: Respondent’s Signed Execution of Offer. The Signed Execution of Offer (Exhibit A) is required as part of the submittal under Forms, see Section 2.5. Note that the ability for the Respondent to properly complete and sign the Execution of Offer is used as a score criterion.

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SECTION 5 – GENERAL TERMS AND CONDITIONS

A. TERMS AND CONDITIONS: The A&M System reserves the right to accept, reject, modify, and/or negotiate any and all submittals received in conjunction with this RFQ. It reserves the right to waive any defect or informality in the submittals on the basis of what it considers to be in its best interests. Any submittal which the A&M System determines to be incomplete, conditional, obscure, or which has irregularities of any kind, may be rejected. The A&M System reserves the right to award to the company, or companies, which in our sole judgment, will best serve our long-term interest.

This RFQ in no manner obligates the A&M System to the eventual purchase of any products or services described, implied, or which may be proposed, until confirmed by written agreement, and may be terminated by the A&M System without penalty or obligation at any time prior to the signing of a contract.

The Respondent must include a formal copy of any Respondent terms and conditions applicable to this transaction. Evaluation and acceptance and/or modification of these terms and conditions by the A&M System Office of General Counsel are essential prior to execution of any resultant agreement. In the event the Respondent does not supply terms and conditions with their submittal, A&M System terms and conditions will govern this transaction.

B. GOVERNING LAW: Respondent agrees that, in the event of a dispute, laws of the State of Texas will prevail.

C. NON-DISCRIMINATION: The parties agree that in the performance of any contract they shall not discriminate in any manner on the basis of race, color, national origin, age, religion, sex, genetic information, veteran status or disability protected by law. Such action shall include, but is not limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation. By submitting a submittal, Respondent certifies that it will conform to the provisions of the federal Civil Rights Act of 1964, as amended.

D. CIVIL RIGHTS REQUIREMENTS: All Respondents must comply with applicable civil rights laws.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting a proposal, the Respondent certifies that it does not, and will not, during the performance of any resultant Agreement, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended.

F. DEBARMENT STATUS: By submitting a proposal, Respondent certifies that it is not currently debarred from submitting submittals on contracts nor is it an agent of any person or entity that is currently debarred from submitting bids on contracts.

G. PUBLIC INFORMATION: Respondent is hereby notified that the A&M System strictly adheres to all statutes, court decisions, and the opinions of the Texas Attorney General with respect to disclosure of public information. The A&M System may seek to protect from disclosure all information submitted in response to this RFQ until such time as the resultant Agreement is executed. Upon execution of the resultant Agreement, the A&M System will consider all information, documentation, and other materials requested to be submitted in response to this RFQ to be of a non-confidential and non-proprietary nature and therefore subject to public disclosure under the Texas Public Information Act, Texas Government Code, Chapter 552.

Respondent will be advised of a request for public information that implicates its materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General.

H. ALTERNATE PROPOSALS: A&M System reserves the right to consider alternate proposals submitted by Respondents. Alternate proposals shall be clearly marked “Alternate” with the proposed alternates clearly defined and all pricing/cost advantages included, if applicable.

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I. ANTITRUST: Respondent hereby assigns to the A&M System, any and all claims for overcharges associated with any contract resulting from this RFQ which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

J. EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of the A&M System or any of its Members, (2) a person who at any time during the four years before the date of the contract was the executive head of the A&M System or any of its Members, or (3) a person who employs a current or former executive head of the A&M System or any of its Members.

K. INSURANCE: Respondent shall obtain and maintain, for the duration of any resultant Agreement or longer, the minimum insurance coverage set forth on Exhibit D attached hereto.

L. REQUIRED CONTRACT TERMS: The terms and conditions contained in the draft agreement attached as Exhibit D or, in the sole discretion of the A&M System, terms and conditions substantially similar to those contained in the attached agreement, will constitute and govern any Agreement that results from this RFQ. If Respondent takes exception to any terms or conditions set forth in the attached agreement, Respondent will submit a list of the exceptions as part of its proposal. Respondent’s exceptions will be reviewed by the A&M System and may result in disqualification of Respondent’s proposal as non-responsive to this RFQ. If Respondent’s exceptions do not result in disqualification of Respondent’s proposal, then the A&M System may consider Respondent’s exceptions when the A&M System evaluates the Respondent’s proposal.

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EXHIBIT A

EXECUTION OF OFFER

RFQ01 FPC-24-207

DATE EXECUTED: ___________

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

A.1 Respondent Affirmation

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. 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.

Addenda Acknowledgment

Receipt is hereby acknowledged of the following addenda to this RFQ by entering yes or no in space provided and indicating date acquired. Enter “0" if none received.

No. 1 Date

No. 2 Date

A.2 Signature

By signing below, the Respondent hereby certifies as follows, and acknowledges that such certifications will be included in any resulting contract:

(i) the Qualifications and all statements and information prepared and submitted in response to this

RFQ are current, complete, true and correct;

(ii) it is 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 or any subsequent proposal. Failure to sign below, or signing a false statement, may void the Response or any resulting contracts at the Owner’s option, and the Respondent may be removed from all future proposal lists at this state agency;

(iii) the individual signing this document and the documents made part of the RFQ is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract which may result from the submission of the Response;

(iv) no relationship, whether as a relative, business associate, by capital funding agreement or by any other such kinship exists between Respondent and an employee of The Texas A&M University System;

(v) Respondent has not been an employee of the A&M System within the immediate twelve (12) months prior to the RFQ response;

(vi) no compensation has been received for participation in the preparation of this RFQ (ref. Section

2155.004 Texas Government Code);

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(vii) all services to be provided in response to this RFQ will 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 as of the date of this solicitation;

(viii) Respondent complies with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action;

(ix) to the best of its knowledge, no member of the Board of Regents of The Texas A&M University System, or the Executive Officers of the Texas A&M University System or its member institutions or agencies, has a financial interest, directly or indirectly, in the Project;

(x) each individual or business entity proposed by Respondent as a member of its team that will engage in the practice of engineering or architecture will be selected based on demonstrated competence and qualifications only;

(xi) if the Respondent is subject to the Texas franchise tax, it is not currently delinquent in the payment of any franchise tax due under Chapter 171, Texas Tax Code, or is exempt from the payment of such taxes. A false certification may result in the Respondent’s disqualification;

(xii) under Section 231.006, Family Code, the Respondent 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; and,

(xiii) under Section 2155.006, Government Code, the Respondent 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.

Respondent shall provide their Federal Employer Identification Number (EIN), full VENDOR name, address and contact information in the spaces below. Failure to either manually or electronically (i.e. DocuSign) sign in the Authorized Signature line below will disqualify the submission. The person signing shall show title and have authority to bind his/her firm into a contractual relationship.

Federal EIN/Taxpayer ID #: ______________________________________________________________

Vendor/Company Name:

Authorized Signature:

Name:

Title:

Street:

City/State/Zip:

Telephone No.:

Fax No.:

E-mail:

* By signing this RFQ, 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 Texas…