ESBD_383171_1732120680194_2024.11.20 - RFQ for Engineering Svcs. 25-00091 - TSUS Lake Ament Dam (final).pdf

REQUEST FOR QUALIFICATIONS

FOR

PROFESSIONAL ENGINEERING

SERVICES

FOR

THE TEXAS STATE UNIVERSITY SYSTEM

TERLINGUA, TEXAS

Lake Ament Dam Alteration

RFQ No.:

758-25-00091

Submission Date:

January 7, 2025 – 2:00 p.m. (C.S.T.)

Prepared By:

Donna Bryce, Senior Contract Administrator

The Texas State University System 601 Colorado Street

Austin, TX 78701 - 512-463-1808 Donna.Bryce@tsus.edu

RFQ for Professional Engineering Services (posted 11/20/2024) Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System

RFQ No. 758-25-00091

TABLE OF CONTENTS

Section 1 - General Information &

Requirements

1.1 General Information

1.2 Public Information

1.3 Type of Agreement

1.4 Clarifications and Interpretations

1.5 Submission of Qualifications

1.6 Point-Of-Contact

1.7 Evaluation of Qualifications

1.8 Owner’s Reservation of Rights

1.9 Acceptance of Evaluation Methodology

1.10 No Reimbursement for Costs

1.11 Non-Mandatory Pre-Submittal

Conference

1.12 Eligible Respondents

1.13 Historically Underutilized Businesses’

Submittal Requirements

1.14 Certain Proposals and Contracts

Prohibited

1.15 Sales and Use Taxes

1.16 Certification of Franchise Tax Status

1.17 Delinquency in Paying Child Support

1.18 State Registration of Engineering Firms

1.19 Non-Boycott Israel Verification

1.20 Cybersecurity Training Program

1.21 Certification Regarding Business with

Certain Countries and Organizations

1.22 Non-Discrimination of Firearm Industry

Verification

1.23 Anti-Boycott Energy Companies

Verification

1.24 Vaccine Passport Prohibition

1.25 Critical Infrastructure Affirmation

Section 2 - Executive Summary

2.1 Historical Background

2.2 Mission Statement

2.3 Project Description, Scope, and Budget

2.4 Facility Program

2.5 Project Planning Schedule

Section 3 - Requirements for Statement of

Qualifications

3.1 Respondent’s Statement of

Qualifications and Availability to

Undertake the Project

3.2 Respondent’s Ability to Provide

Services

3.3 Project Team’s Ability to Provide

Design and Construction Administration

Services

3.4 Respondent’s Performance on Past

Representative Projects

3.5 Respondent’s Knowledge of Best

Practices

3.6 Respondent’s Ability to Identify and

Resolve Problems

3.7 Execution of Offer

Section 4 - Format for Statement of

Qualifications

4.1 General Instructions

4.2 Page Size, Binding, Dividers, and Tabs

4.3 Table of Contents

4.4 Pagination

RFQ for Professional Engineering Services (posted 11/20/2024) Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System

REQUEST FOR QUALIFICATIONS FOR

PROFESSIONAL ENGINEERING SERVICES

THE TEXAS STATE UNIVERSITY SYSTEM

TERLINGUA, TEXAS

LAKE AMENT DAM ALTERATION

RFQ No.: 758-25-00091

SECTION 1 – GENERAL INFORMATION & REQUIREMENTS

1.1 GENERAL INFORMATION: The Texas State University System (“Owner”) is soliciting

Statements of Qualifications (“Qualifications”) for the selection of a Professional Engineer (“PE”) firm for design of the Lake Ament Dam Alteration project (the “Project”) on the Owner’s property north of Terlingua, Texas, in accordance with the terms, conditions, and requirements set forth in this Request for Qualifications (“RFQ”). Prospective PE firms are hereinafter referred to as “Respondents”.

1.1.1 Collecting Qualifications in response to this RFQ is the first step in selecting a PE firm.

This RFQ provides the information necessary for Respondents to prepare and submit

Qualifications for consideration by the Owner. In the next step the Owner will determine an initial ranking of the Respondents. If the initial ranking of the Respondents is reasonably conclusive, the Owner may make a “most qualified” selection based upon the written

Qualifications only. If not, then the Owner may conduct interviews with a “short list” of

Respondents.

1.1.2 The Owner may select up to five (5) of the top ranked qualified Respondents to participate in an interview with the Owner to confirm and clarify the Qualifications submitted and to answer additional questions. The Owner will then rank the interviewed Respondents in order to determine a single most qualified Respondent.

1.1.3 After selecting the most qualified Respondent the Owner will negotiate the detailed professional services to be provided by the PE and a suitable fee for those services. The

Owner will request a fee proposal from the most qualified Respondent, with supporting information demonstrating that the requested fee is justified by the level of effort (and related personnel costs) required to provide the services necessary for the design of the

Project. Potential Respondents should be aware that, except in unusual cases, the Owner does not consider billable time incurred while traveling to and from the Project site, Owner’s offices, or Board of Regents meetings, as necessary to the completion of the

Project. Potential Respondents whose offices are located where such time-consuming travel will be regularly required in the performance of services for the Project, should consider this policy when deciding whether or not to submit their Qualifications.

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. The Owner complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of RFQ information. Additionally, pursuant to the provisions of Texas Government Code Section

2261.253, the contract resulting from this solicitation will be posted on the Owner’s website.

1.3 TYPE OF AGREEMENT: Any agreement resulting from this solicitation will be in the form of the Owner’s Professional Engineer Services Agreement for Competitive Sealed Proposal projects, RFQ for Professional Engineering Services (posted 11/20/2024) Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System a copy of which is posted as Attachment A on ESBD. The Agreement should be viewed as a draft and is subject to change.

1.4 CLARIFICATIONS AND INTERPRETATIONS: Discrepancies, omissions or doubts as to the meaning of RFQ documents shall be communicated in writing to the Owner for interpretation. Any responses to inquiries, clarifications, or interpretations of this RFQ that materially affect or change its requirements will be posted by the Owner as a written addendum. All such addenda issued by the Owner before the proposals are due, become part of the RFQ. Respondents shall acknowledge receipt of and incorporate each addendum in its Qualifications. Respondents shall be required to consider only those clarifications and interpretations that the Owner issues by addenda.

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. It is the responsibility of all

Respondents to check the status of formal addenda five (5) calendar days prior to the submittal deadline. The deadline for the receipt of written questions and submittal deadline is stated in

Section 2.5.

1.4.1 ADDENDA AND AWARD INFORMATION, WILL BE ISSUED BY THE OWNER

FOR THIS RFQ VIA THE ELECTRONIC BUSINESS DAILY WEBSITE AT THE

FOLLOWING LINK: https://www.txsmartbuy.com/esbd

REFERENCE “BOARD OF REGENTS/TEXAS STATE UNIVERSITY SYSTEMS – 758”

AND THE RFQ NUMBER PROVIDED IN THIS RFQ.

1.5 SUBMISSION OF QUALIFICATIONS:

1.5.1 The Qualifications must be received at the address specified in Section 1.5.2 prior to the date and time deadline. The Owner will not consider any response to this solicitation that is not received at the address specified by the deadline, regardless of whether it has been received.

1.5.2 DEADLINE AND LOCATION: The Owner will receive Qualifications and HUB

Subcontracting Plans for RFQ No. 758-25-00091 at the time and location described below.

January 7, 2025 - 2:00 p.m. (C.S.T.)

Peter Maass, Director of Capital Projects Administration

The Texas State University System

601 Colorado Street

Austin, Texas 78701

1.5.3 Submit two (2) identical hard copies of the Qualifications and one (1) digital copy on a

USB/flash drive in Adobe Acrobat PDF format. An original signature must be included on the Respondent’s “Execution of Offer” document submitted with each hard copy.

1.5.4 Submit two (2) identical hard copies of the HUB Subcontracting Plan (“HSP”) and one (1) digital copy on a USB/flash drive in Adobe Acrobat PDF format, as a separate attachment from the Qualifications, as described in Section 1.13.

1.5.5 Qualifications and HSP materials received after the deadline in Section 1.5.2 will be returned to the Respondent unopened. The Point-of-Contact identified in Section 1.6 will identify the official time clock at the RFQ submittal location identified above.

RFQ for Professional Engineering Services (posted 11/20/2024) Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System

RFQ No. 758-25-00091 https://www.txsmartbuy.com/esbd

1.5.6 The Owner will not acknowledge or consider Qualifications that are delivered by telephone, facsimile (fax), or electronic mail (e-mail).

1.5.7 Properly submitted Qualifications will not be returned to Respondents.

1.5.8 Qualification and HSP materials must be enclosed in a sealed envelope (box or container) addressed to the Point-of-Contact person. Packages must clearly identify the submittal deadline, the RFQ title and number, and the name, return address and email address of the

Respondent contact person on all envelopes. The HSP (electronic and hard copies) shall be included with the Qualifications packet but sealed separately.

1.5.9 Properly submitted Qualifications will be opened publicly and the names of the

Respondents will be read aloud immediately after the submission of Qualifications deadline stated in Section 1.5.2.

1.6 POINT-OF-CONTACT: The Owner designates the following person as its 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 by email only.

Peter Maass, Director of Capital Projects Administration

Email: peter.maass@tsus.edu

1.7 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 a Selection Committee appointed by the Vice Chancellor and Chief

Financial Officer of The Texas State University System, or their designee. The top five (5) or fewer ranked Respondents may be selected by the Owner for further consideration by participating in an interview wherein Qualifications will be presented and examined in further detail and where questions will be posed by the Selection Committee and answered by the Respondent.

1.7.1 Qualification submittals shall not include any information regarding Respondent’s proposed fees, pricing, or other compensation considerations as these will not be a factor in the selection of the most qualified Respondent.

1.8 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 submissions 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.

1.9 ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Qualifications and

HSP 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. Determinations by the Selection Committee will be subject to routine administrative review by the Owner’s executive officers but, once a selection is announced, it will not be subject to further review.

1.10 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.

1.11 NON-MANDATORY PRE-SUBMITTAL CONFERENCE: An optional pre-submittal conference is scheduled for:

December 3, 2024 – 10:00 a.m. (C.S.T.) at:

601 Colorado Street

First Floor Conference Room

Austin, Texas 78701

▪ The Zoom Meeting link to the Pre-Submittal Conference can be found on the TSUS webpage at: https://www.tsus.edu/offices/finance/virtual-bid-opening.html

▪ Questions regarding the Pre-Submittal Conference may be directed to Donna Bryce at:

Donna.Bryce@tsus.edu

▪ A guided tour will not be included as part of the Pre-Submittal Conference.

1.12 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.

1.13 HISTORICALLY UNDERUTILIZED BUSINESSES’ SUBMITTAL REQUIREMENTS: It is the policy of the Owner and each of its Member institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (“HUB” or “HUBs”) in all contracts. Accordingly, specific plans and representations by Respondents that appear to facilitate the State’s commitment to supporting HUB enterprises are required in the selection process.

Failure to submit specific plans and representations regarding HUB utilization, or failure to address the subject at all, will be interpreted by the Selection Committee as an intention not to support the program and will disqualify the Respondent. A HUB Subcontracting Plan (HSP) is required as a part of the Respondent's Qualifications.

1.13.1 The HSP information may be downloaded from the Texas State Comptroller’s website at the following URL link: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

1.14 CERTAIN PROPOSALS AND CONTRACTS PROHIBITED: Under Section 2155.004, Texas

Government Code, a state agency may not accept a proposal or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the proposal or contract is based. All vendors must certify their eligibility by acknowledging the following statement, "Under Section 2155.004, Government Code, the vendor 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." If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded as described above, the state agency may immediately terminate the contract without further obligation to the vendor. This section does not create a cause of action to contest a proposal or award of a state contract.

1.15 SALES AND USE TAXES: Section 151.311, Texas Tax Code, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance

RFQ for Professional Engineering Services (posted 11/20/2024) Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System

RFQ No. 758-25-00091 https://www.tsus.edu/offices/finance/virtual-bid-opening.html https://comptroller.texas.gov/purchasing/vendor/hub/forms.php of a contract for an improvement to realty for certain exempt entities that include the Owner. 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

(Texas Tax Code Chapter 171). The contractor agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

1.17 DELINQUENCY IN PAYING CHILD SUPPORT: 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.

1.18 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.

1.19 NON-BOYCOTT ISRAEL VERIFICATION: Pursuant to Section 2270.002 of the Texas

Government Code, Respondent certifies that either (i) it meets an exemption criteria under

Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response.

1.20 CYBERSECURITY TRAINING PROGRAM: Pursuant to Section 2054.5192, Texas Government

Code, PE and its consultants, officers, and employees who are provided credentials granting access to Owner’s computer system also known as Owner’s information system, must complete a cybersecurity training program certified under Section 2054.519, Texas Government Code as selected by the Owner. The cybersecurity training program must be completed during the term and any renewal period of this Agreement. PE shall verify in writing completion of the program to the

Owner within the first thirty (30) calendar days of the term and any renewal period of this

Agreement. Failure to comply with the requirements of this section are grounds for termination for cause of the Agreement.

1.21 CERTIFICATION REGARDING BUSINESS WITH CERTAIN COUNTRIES AND

ORGANIZATIONS: Pursuant to Subchapter F, Chapter 2252.152, Texas Government Code, Respondent hereby certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Respondent acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate

1.22 NON-DISCRIMINATION OF FIREARM INDUSTRY VERIFICATION: Pursuant to Chapter

2274, Texas Government Code (as enacted in SB 19 in the 87th Regular Legislative Session [2021]), Respondent hereby verifies that either (i) it has less than ten (10) full time employees; or (ii), it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association (as defined under Section 2274.001, Texas Government Code) and will

RFQ for Professional Engineering Services (posted 11/20/2024) Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System not discriminate during the term of this Agreement against a firearm entity or firearm trade association.

1.23 ANTI-BOYCOTT ENERGY COMPANIES VERIFICATION: Pursuant to Chapter 2274.002, Texas Government Code (as enacted in SB 13 in the 87th Regular Legislative Session [2021]), Respondent hereby certifies that either (i) it has less than ten (10) full time employees or (ii) it does not “boycott energy companies” (as defined under Section 809.001, Texas Government Code) and will not “boycott energy companies” during the term of this Agreement.

1.24 VACCINE PASSPORT PROHIBITION: Pursuant to Section 161.0085, Texas Health and Safety

Code (as enacted in SB 968 in the 87th Regular Legislative Session [2021]), Respondent hereby certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contact and shall be grounds for termination of this Agreement for cause.

1.25 CRITICAL INFRASTRUCTURE AFFIRMATION: Pursuant to Section 2274.0102, Texas

Government Code, Respondent certifies that neither it nor its parent company, nor any affiliate of

Respondent or its parent company, is (i) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under

Section 2274.0103, Texas Government Code, or headquartered in any of those countries.

SECTION 2 – EXECUTIVE SUMMARY

2.1 HISTORICAL BACKGROUND: The Texas State University System, founded in 1911, is the first higher education system established in Texas. Beginning as an administrative means to consolidate the support and management of state teacher colleges, the System has evolved into a network of higher education institutions stretching from the Texas–Louisiana border to the Big Bend region of west Texas. Today, seven Member Institutions offer a broad range of academic and career opportunities. Throughout the System, faculty and staff are preparing students to work in and contribute to our global society.

2.2 MISSION STATEMENT: The mission of The Texas State University System is:

• To advance and extend knowledge, learning, and culture, especially within Texas.

• To provide opportunities for individuals to develop intellectually, personally, and professionally.

• To prepare students to contribute to the state’s and nation’s economy, culture, and future.

• To offer undergraduate and graduate instruction leading to professional certificates and undergraduate, master’s, and doctoral degrees.

• To provide public services that enrich the institutions, communities, and the state.

• To foster creative and artistic expression that enhances the cultural richness of the state.

• To support research and commercial development that result in new technologies and products which benefit the state.

2.3 PROJECT DESCRIPTION, SCOPE, AND BUDGET: Lake Ament Dam is located on an unnamed tributary of Dark Canyon Creek in the Rio Grande River Basin, 10 miles north of Study Butte in

Brewster County, Texas. The approximate latitude and longitude coordinates of the dam are 29°

27’ 10.28” N and 103° 29’ 31.36” W. The rock masonry dam was constructed circa 1910’s and is approximately 125 feet long, with a crest width of approximately 12 feet, and a height of 56 feet.

It is classified as intermediate size, based on maximum storage capacity at the top of the dam of

RFQ for Professional Engineering Services (posted 11/20/2024) Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System

1,275 acre-feet. Under existing conditions, Lake Ament Dam is classified as a high hazard dam based on the risk of loss of life and property damage downstream of the dam in the event of a dam breach. In its current configuration, the dam can retain 54.8 percent of a Probable Maximum Flood

(“PMF”) without overtopping, and the minimum requirement is that the dam must safely pass 81.7 percent of the PMF. The dam was apparently designed to overtop during excess inflows and meets the hydraulic requirements of Texas Commission on Environmental Quality (“TCEQ”) so it can be considered hydraulically adequate. However, there are other requirements that must also be fulfilled to consider the dam a being able to “safely pass” the design storm. Lake Ament Dam has several observed deficiencies that may prevent the dam from performing as originally designed.

The Owner intends to remove a portion of the dam, lowering it from its approximately 56-foot-height to a 22.5-foot-high structure. The top of the dam and downstream steps would have a concrete cap secured with dowels to avoid water penetrating the rock masonry dam and protect it from erosion. The reduction of the dam height will potentially modify the hazard classification to low hazard and modify the size classification of the dam to a small size dam with a maximum storage of 24 acre-feet.

The Owner seeks a Professional Engineer, licensed in the State of Texas, with extensive knowledge of the Texas Dam Safety rules and regulations (Texas Administrative Code Title 30, Part 1, Chapter

299) with specific experience in hydrology, hydraulics, structural, and geotechnical engineering.

The total Construction Cost Limitation for the project is $900,000.

2.4 FACILITY PROGRAM: The Owner has commissioned an Alternative Study Report for the dam inclusive of hydrology and hydraulics modeling, assessments, and analysis; stability analysis; and environmental and permitting evaluations. An archeological study of the dam and existing roads leading to the dam has also been completed and recommends full regulatory clearance for the proposed project. The reports will be provided to the successful Respondent upon contract award.

2.5 PROJECT PLANNING SCHEDULE: Key Project planning schedule milestones are:

2.5.1 Owner publishes RFQ for PE Services ............................................................... 11/20/2024

2.5.2 Non-Mandatory Pre-Submittal Conference (10:00 a.m.).................................... 12/03/2024

2.5.3 RFQ submittal of questions deadline (12:00 p.m.) ............................................. 12/10/2024

2.5.4 Deadline for submittal of Qualifications and HSP (2:00 p.m.) ........................... 01/07/2025

2.5.5 Owner announces “short-list” of Respondents selected for interviews (if required) .................................................................................... 01/16/2025

2.5.6 Owner interviews Respondents (if required) ...................................................... 01/23/2025

2.5.7 Owner selects most qualified Respondent .......................................................... 01/24/2025

2.5.8 Owner negotiates fee and executes Agreement .................................................. 02/21/2025

2.5.9 Design begins ...................................................................................................... 02/24/2025

2.5.10 PE completes Construction Documents .............................................................. 10/03/2025

2.5.11 Construction Documents Issued for Bid ............................................................. 10/07/2025

2.5.12 Deadline for receipt of Bids ................................................................................ 11/11/2025

2.5.13 Owner selects best value Contractor ................................................................... 11/21/2025

2.5.14 Owner issues Contract for Construction ............................................................. 12/05/2025

2.5.15 Notice to Proceed for Construction Phase issued ............................................... 12/08/2025

2.5.16 Owner accepts Substantial Completion of Construction .................................... 06/26/2026

2.5.17 Final Completion ................................................................................................ 07/27/2026

The schedule of events presented above represent a basic timeline for the project. A final project timeline will be developed with the Owner at a later time. The Owner can be expected to work with the PE and the Contractor to validate and improve on this initial schedule.

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 responding to all questions in Section 3 formatted as directed in Section 4.

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

3.1 CRITERION ONE: RESPONDENT’S STATEMENT OF QUALIFICATIONS AND

AVAILABILITY TO UNDERTAKE THE PROJECT (Criterion Weight: 10%) (Maximum of two

(2) printed pages per question)

3.1.1 Provide a statement of interest for the Project including a narrative describing the

Respondent’s unique qualifications as they pertain to this particular Project.

3.1.2 Provide a statement on the availability and commitment of the Respondent and its principal(s) and assigned professionals, including all consultants to undertake the Project, for the timeline noted in Section 2.5.

3.1.3 Provide a brief history of the Respondent’s firm and each consultant proposed for the

Project.

3.2 CRITERION TWO: RESPONDENT’S ABILITY TO PROVIDE SERVICES (Criterion Weight:

10%)

3.2.1 Provide the following information for the Respondent:

3.2.1.1 Legal name of the company as registered with the Secretary State of Texas

3.2.1.2 Address of the office that will be providing services

3.2.1.3 Number of years in business

3.2.1.4 Type of operation (Individual, Partnership, Corporation, Joint Venture, etc.)

3.2.1.5 Number of employees by skill group

3.2.1.6 Annual revenue totals for the past ten (10) years

3.2.2 Identify if the Respondent’s firm or any of its consultant team is 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 details of all past or pending litigation or claims filed against the Respondent’s firm or any of its consultant team that would affect Respondent's performance under an agreement with the Owner.

3.2.4 Identify if the Respondent is 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.

3.2.5 Declare if any relationship exists by relative, business associate, capital funding agreement, or any other such kinship, between Respondent’s firm or any of its consultants and any

Owner employee, officer, or Regent. If so, please explain.

3.2.6 Provide a claims history under professional malpractice insurance for the past five (5) years for the Respondent’s firm and any team members proposed to provide professional engineering services.

3.3 CRITERION THREE: PROJECT TEAM’S ABILITY TO PROVIDE DESIGN AND

CONSTRUCTION ADMINISTRATION SERVICES (Criterion Weight: 30%)

3.3.1 Describe, in graphic and written form, the Respondent’s proposed Project assignments and lines of authority and communication for its principals and key professional members, including each consultant’s staff that will be involved in the Project. Indicate the estimated percent of time these individuals will be involved in the Project for design and construction.

3.3.2 Provide resumes stating the experience and expertise of the Respondent’s professional members and each consultant’s staff that will be involved in the Project, 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

Criterion 3.4 and describe their roles in those projects.

3.3.4 Describe the basis for the selection of the proposed consultants included in the design team and the role each will play for this Project.

3.3.5 Describe the Respondent’s process in working with consultants and integrating them into the design process and construction administration process.

3.3.6 Identify the Respondent’s experience working with any proposed consultants in the past five (5) years.

3.4 CRITERION FOUR: RESPONDENT’S PERFORMANCE ON PAST REPRESENTATIVE

PROJECTS (Criterion Weight: 30%)

3.4.1 List no less than three (3) but no more than five (5) projects for which Respondent has provided services that are most directly related to this Project and completed within the last ten (10) years. List the projects in order of priority, with the most relevant project listed first and which best illustrate current experience and capabilities relevant to this Project.

Provide the following information for each project listed:

3.4.1.1 Project name, location, description, and contract delivery method

3.4.1.2 Photographic color images and site plans as applicable.

3.4.1.3 Construction cost estimates at final GMP amount or bid, and final construction cost. Explain the reasons for any deviations.

3.4.1.4 Type of construction (new, alteration, or demolition) and description of professional services Respondent provided for the project.

3.4.1.5 Originally planned and actual: Notice to Proceed and Substantial Completion dates for construction. Any events or occurrences that affected the schedule should be explained.

3.4.1.6 Name of project manager (individual responsible to the owner for the overall success of the project)

RFQ for Professional Engineering Services (posted 11/20/2024) Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System

3.4.1.7 Name of project engineer (individual responsible for coordinating the day-to-day work)

3.4.1.8 Consultants and name of project manager for each consultant. Identify proposed personnel for this Project along with explanations of their role in the past project(s).

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

3.4.2.1 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 and email address.

3.4.2.2 Contractor’s name and representative who served as the day-to-day liaison during the construction phase of the project, including telephone number and email address.

3.4.2.3 Length of business relationship with the owner.

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

3.4.3 Briefly describe up to five (5) other projects, which further illustrate experience and capabilities relevant to this proposed Project.

3.5 CRITERION FIVE: RESPONDENT’S KNOWLEDGE OF BEST PRACTICES (Criterion

Weight: 10%)

3.5.1 Describe the Respondent’s quality assurance program explaining the methods used and how Respondent maintains quality control during the development of construction documents and quality assurance during the construction phase of a project. Provide specific examples of how these techniques or procedures were used for any combination of three (3) projects listed in response to Criterion 3.4.

3.5.2 Describe Respondent’s demonstrated technical competence and management qualifications with institutional projects, particularly those for higher education.

3.5.3 Describe Respondent’s cost estimating methods for the design and construction phases.

Explain how cost estimates are developed and how often are they updated. For any combination of three (3) projects listed in response to Criterion 3.4, provide examples of how these techniques were used and what degree of accuracy was achieved.

3.5.4 Describe the way in which Respondent develops and maintains work schedules to coordinate with the owner’s project schedule, assuring timely completion of this Project, including methods for schedule recovery if necessary. For any combination of three (3) projects listed in response to Criterion 3.4, provide examples of how these techniques were used.

3.6 CRITERION SIX: RESPONDENT’S ABILITY TO IDENTIFY AND RESOLVE PROBLEMS

(Criterion Weight: 10%)

3.6.1 Describe what Respondent perceives as the critical issues for this Project and briefly state what Respondent believes to be the most pertinent considerations and challenges that must be addressed in the design of a project of this type. Respondent may wish to include sketches, diagrams, analyses, or other tools from similar projects that help illustrate

RFQ for Professional Engineering Services (posted 11/20/2024) Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System

Respondent's points. This is not an opportunity for the Respondent to present design solutions.

3.6.2 State why Respondent believes its team to be qualified to skillfully address the issues that

Respondent believes will be relevant to this Project.

3.6.3 Provide an analysis of the Owner’s Project Planning Schedule and describe how

Respondent plans to develop and communicate design, scope, and budget options in a manner that will help the Owner make timely and informed decisions.

3.6.4 Explain Respondent’s organizational process for coordinating and conducting construction administration of similar type projects.

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Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System

3.7 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 it 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, nor 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. Respondent further certifies that it has not communicated directly or indirectly the

Qualifications submitted to any competitor or any other person engaged in a similar 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;

RFQ for Professional Engineering Services (posted 11/20/2024) Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System

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, if selected by the Owner, will maintain insurance as required by the contract;

3.7.6.5 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 By signature hereon, 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

Government Code Section 2252.001(4).

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 Owner and any Member, or Respondent has not been an employee of

Owner or any Member within the immediate twelve (12) months prior to Respondent’s 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 the extent provided by Section 2254.0031 of

Texas Government Code, 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 to complete a Cybersecurity Training Program.

Pursuant to Section 2054.5192, Texas Government Code, Respondent and its subcontractors, officers, and employees, who are provided credentials granting access to

Owner’s computer system also known as Owner’s information system, must complete a cybersecurity training program certified under Section 2054.519, Texas Government Code as selected by the Owner. The cybersecurity training program must be completed during the term and any renewal period of the Agreement. Respondent shall verify in writing completion of the program to the Owner within the first thirty (30) calendar days of the term and any renewal period of the Agreement. Failure to comply with the requirements of this section are grounds for termination for cause of the Agreement.

3.7.16 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.

3.7.17 By signature hereon, Respondent certifies that no member of the Board of Regents of The

Texas State University System, or the executive officers of the Owner or its Member institutions, has a financial interest, directly or indirectly, in the transaction that is the subject of the contract, and that no member of the Board of Regents has a “substantial interest” (as that term is defined in Section 51.923 of the Texas Education Code) in the

Respondent.

3.7.18 Pursuant to Chapter 2274, Texas Government Code, Respondent certifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the Agreement against a firearm entity or firearm trade association.

3.7.19 Pursuant to Chapter 2274, Texas Government Code, Respondent certifies that it does not boycott energy companies as defined in Section 809.001(1)(a), Texas Government Code, (i.e., fossil fuel companies); and will not boycott energy companies during the term of the

Agreement.

RFQ for Professional Engineering Services (posted 11/20/2024) Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System

3.7.20 Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery, on entry to, to gain access to, or to receive service from the Respondent's business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

3.7.21 Pursuant to Section 2274.0102, Texas Government Code, Respondent certifies that neither it nor its parent company, nor any affiliate of Respondent is majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Section 2274.0103, Texas Government Code, or headquartered in any of those countries.

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Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System

3.7.22 Execution of Offer: RFQ No. 758-25-00091 – Request for Qualifications for

Professional Engineer Services for Lake Ament Dam Alteration, North of

Terlingua, Texas.

The Respondent must complete, sign, and return this Execution of Offer as part of its 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:

(Company 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 10% 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) (Email Address) for RFQ Notification

(Date)

Respondent acknowledges receipt of the following Addenda:

No. 1______; No. 2 ______; No. 3 ______; No. 4 ______; No. 5 ______; No. 6 ______

Lake Ament Dam Alteration in Terlingua, Texas for The Texas State University System

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 The statement of Qualifications shall be a maximum of 50 printed pages (25 sheets printed double-sided or 50 sheets single-sided) and could be entirely adequate with considerably fewer pages.