ESBD_483504_1768497175781_7 - Final Solicitation.pdf

ARTICLE 1 – GENERAL OVERVIEW AND EXECUTIVE SUMMARY

AUSTIN COMMUNITY COLLEGE DISTRICT (ACC) is soliciting Request for Qualification (RFQ) Statements from all qualified and interested firms for the Highland Campus (HLC) South Parking Garage Rooftop Solar Arrays System Design-Build Project Delivery Method in accordance with Solicitation #906-26-261-00-S-AB-RFQ.

ACC Administration is responsible for the following responsibilities with respect to the selection of service providers for the proposed services:

• Serve as the primary/first contact with all external professionals who may be contracted for these projects;

• Develop and publicize scope of solicitation and evaluation criteria for selection of a design-build firm for rooftop solar arrays at the Highland Campus;

• Submit rankings to the solicitation evaluation committee of a maximum of five (5) respondents for review, evaluation, selection and approval; and

• Serve as contact and in oversight role throughout the procurement process.

Selection Process: The Request for Qualification (RFQ) is a two (2) step process for selecting a qualified design-build firm pursuant Chapter 2269 of the Texas Government Code, which includes the following:

• Step 1: This RFQ is the first step in the two (2) step selection process.

Respondents who submit timely responses to this RFQ will be evaluated based on each respondent's experience, demonstrable financial soundness including adequate bonding capacity, technical competence, and capability to perform, past performance, and other appropriate factors according to the selection criteria set out in Article 6.2.2. ACC will rank the respondents based on the evaluation scores among all respondents in the competitive range to qualify a maximum of five (5) respondents who will proceed to Step 2 in the selection process.

• Step 2: A Request for Proposal (RFP) is the second step in the two (2) step process for selecting a qualified design-build firm.

In the second step, the selected respondents, as selected solely on the basis of the criteria in Article 6, will be requested to provide additional information regarding the selected respondent's demonstrated competence and qualifications, considerations of the safety and long-term durability of the project, the feasibility of implementing the project as proposed, the ability of the offeror to meet schedules, costing methodology, and related documents as identified in the solicitation, via Workday Strategic Sourcing (WSS). As applicable, selected respondents may be asked to participate in interviews and presentations as determined by ACC.

ACC's Procure to Pay (P2P) Department, will make a recommendation to ACC's Board of Trustees. As applicable, ACC's Board will select the respondent who, in the judgment of the Board, provides the best value to ACC for this Project.

ARTICLE 1.1 Authority

ACC is soliciting the proposed services (or goods) listed herein under Texas Education Code, Chapter 44, Subchapter B, Section 44.031(f), Texas Government Code Chapter 2269, Subchapter G, and ACC’s Board Policy CF (Local) and CDC (Local).

ARTICLE 1.2 College Information

The Austin Community College District (ACC) is a public community college system serving the Austin, Texas, metropolitan area and surrounding Central Texas communities. ACC was founded in 1972 as part of the Austin Independent School District and began offering classes in fall semester 1973. ACC is one of the largest community college systems in Texas and in the United States. The college maintains 11 campuses, 2 centers, and distance learning options to serve about 70,000 students annually in academic, workforce, continuing education and adult education programs. ACC offers associate degrees and career/technical certificate programs in more than 100 areas of study as well as four bachelor’s degree programs. Most courses taken within the District are meant to apply to associate degrees, which help students qualify for jobs or can be transferred to four-year institutions. The College’s legislatively designated service area encompasses six counties: Bastrop, Blanco, Caldwell, Hays, Travis, and Williamson.

The College is primarily supported by ad valorem taxes, tuition and state appropriations. ACC’s website is at http://www.austincc.edu.

Historical and demographic information about ACC can be viewed by accessing the link below to the ACC Fact Book: https://oira.austincc.edu/data-and-reports/factbook/.

ARTICLE 1.3 Point of Contact Information

All requests, questions or other communication about this solicitation shall be made in writing to the ACC P2P Department addressed to person listed below:

• Name: Anthony Barron

• Title: Buyer, ACC P2P Department

• Address: 6101 Highland Campus Drive, Building 3000, Austin, TX 78752

• Phone: (512) 223-1039

• E-Mail: anthony.barron@austincc.edu

ARTICLE 1.4 Prohibited Communication

On issuance of this solicitation, except for the written questions and requests for clarification described in the solicitation, ACC, its representative(s), or partners will not answer any questions or otherwise discuss the contents of this solicitation with any potential respondents or their representative(s).

Attempts by potential respondents to ask questions by phone, email, or in person of other representatives other than the point of contact for this solicitation will not be allowed or recognized as valid. Respondents shall rely only on written statements issued by or through the College's designated staff as provided in this solicitation.

Prohibited communication includes any attempts to contact or notify any ACC agent (see Exhibit C-1) during the procurement process and prior to award of the resulting contract.

This restriction does not preclude discussions between affected parties to conduct business unrelated to this solicitation.

Failure to comply with these requirements may result in disqualification of respondent's submittal.

ARTICLE 1.5 Clarifications

Respondents must notify the Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specifications, omission or other error in the solicitation in the manner and by the deadline for submitting questions.

http://www.austincc.edu/ http://www.austincc.edu/ https://oira.austincc.edu/data-and-reports/factbook/ mailto:anthony.barron@austincc.edu

If a respondent fails to timely and adequately notify the point of contact of such issues, the respondent submits its qualification statement at its own risk, and if awarded a contract:

1. shall have waived any claim of error or ambiguity in the solicitation and any resulting contract,

2. shall not contest the interpretation by the College of such provision(s), and,

3. shall not be entitled to additional compensation, relief, or time by reason of ambiguity, error, or later correction.

ARTICLE 1.6 Questions and Responses

Questions or comments concerning this solicitation must be submitted in writing to the ACC’s Point of Contact, by no later than the date and time indicated in the Procurement Schedule of Events.

Responses to questions or other written requests for clarification will be communicated via an addendum, or via Workday Strategic Sourcing (WSS) “Message Center”, as applicable. ACC reserves the right to amend answers before the deadline of the solicitation’s responses. It is the respondent's responsibility to contact the Point of Contact for updated responses.

ACC also reserves the right to determine or decline to answer any question or questions or to provide a single consolidated response of all matters they choose to respond in any manner at the sole discretion of the College. If ACC, in its sole discretion, determines that questions necessitate a change to this solicitation, the change will be reduced to writing in the form of an addendum, or via Workday Strategic Sourcing (WSS) “Message Center”, as applicable.

ARTICLE 1.7 Procurement Schedule

The following table documents identify the critical pre-award events for the solicitation.

Procurement Schedule Event Dates

Solicitation Release Date January 15, ACC will be CLOSED in observance of Dr. Martin Luther King Jr. Day January 19, Solicitation Conference: 10:00 a.m., Central Standard Time (CST) January 28, Site Visit: Immediately following Solicitation Conference, 11:00 a.m., CST January 28, Deadline for Questions: 12:00 p.m., CST January 30, Issuance of Addendum via Workday Strategic Sourcing (WSS) February 4, Step 1: Withdrawal of Solicitation (Same date as the Due Date/Closing) Due Date: 12:00 p.m., CST

February 11, Step 1: Solicitation Response Due Date/Closing Date: 12:00 p.m., CST February 11, Respondents in Competitive Range are selected for Step 2 February 20, Step 2: Notification sent to Selected and Qualified Respondents for submission of RFP Responses

February 23, Step 2: Submission of RFP Responses Due Date/Closing Date: 12:00 p.m., CST March 3, 2026

ACC Spring Break – All Campuses and Offices CLOSED March 16 - 22, Board of Trustees (BOT) Approval April 6, 2026 Contract Award April 27, 2026 Anticipated Contract Start Date May 1, 2026

Note: The dates identified are a tentative schedule of events. ACC reserves the right to modify these dates at any time upon notice and at the discretion of ACC, which will be posted to its website, via addenda.

ARTICLE 1.8 Solicitation Conference

ACC will host an optional in-person solicitation conference on at the following time and location:

• Wednesday, January 28th, 2026, at 10:00 a.m., CST in Room 3.3201 in Building 3000 on the Highland Campus, located at 6101 Highland Campus Drive, Austin, TX 78752;

• Reference Exhibit D – ACC Campus Maps – Highland Campus (HLC) for building and parking directions.

Respondents may email questions for the conference to the Point of Contact (see Section 1.3) no later than five (5) days before the conference. ACC will allow respondents to submit written questions at the conference as well.

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the sole point of contact identified in the solicitation at least 72 hours before the meeting so appropriate arrangements can be made.

ACC will attempt to respond to questions at the conference, but responses are not official until posted in the official format in WSS solicitation "Message Center" portal. ACC reserves the right to amend answers before the submission deadline.

ARTICLE 1.9 Site Visit

ACC will host an optional site visit in regard to this project immediately following the Solicitation Conference at the following time and location:

• Wednesday, January 28th, 2026, at 11:00 a.m., CST at the South Entrance of the HLC South Parking Garage (Entry 5), located at 627 Clayton Ln., Austin, TX 78752.

• Reference Exhibit D – ACC Campus Maps – Highland Campus (HLC) for building location and parking directions.

All interested parties are highly encouraged to attend both the solicitation conference and the site visit immediately following the conference.

ARTICLE 2 – PROJECT OVERVIEW

ARTICLE 2.1 Mission Statement and Objective

The primary mission of ACC’s P2P Department is to acquire the highest quality of goods and services in a timely manner that provides the best value to ACC, and to assure that the procurement function is conducted for effective college operations and in accordance with applicable Federal and State laws, and ACC policies.

ARTICLE 2.2 Mission Objectives

ACC’s objectives of this solicitation are to select a design-build firm who will provide the complete photovoltaic (PV) system including, but not limited to, structural platform, racking system, solar panels, inverters, electrical systems, monitoring system, professional engineering services, preparation and submittal of necessary permits, and construction of the proposed systems onto the HLC South Parking Garage top deck located at 6101 Highland Campus Drive, Austin, TX 78752.

The proposed solar capacity is 240 kilowatts (kW) in size. The proposed solar project is budgeted for $1,200,000. The structural platform and racking structure should cover the entire span of existing columns depicted in the graphic representation as noted in Exhibit H - Proposed Layout, Design, and Structure View. Total kW of solar installed will be dependent on the remaining budget from the creation of the supporting structure.

All respondents must be qualified, experienced and have demonstrated past performance designing, engineering and/or installing a solar energy system on existing parking structures and/or buildings.

ARTICLE 2.3 Description of Services/Scope of Work (SOW)/Specifications

ARTICLE 2.3.1 General Requirements

The selected Design-Build Firm (“Contractor”) shall furnish all labor, materials, equipment, engineering, supervision, permitting, coordination, and related services necessary to design, procure, construct, install, commission, and deliver fully operational photovoltaic (PV) systems for the Highland Campus (HLC) South Parking Garage (“Project”).

The Contractor shall provide complete PV system design, final engineering, construction, installation, system integration, and interconnection services, including preparation and assistance of all applicable local and federal rebate applications.

The Contractor shall serve as the primary liaison between ACC and the local utility for all matters related to interconnection and shall perform all final electrical connections to ACC’s facility wiring systems.

ARTICLE 2.3.2 Permitting and Regulatory Compliance

The Contractor shall be solely responsible for the following:

1. Obtain all permits, approvals, and inspections required by ACC and all Federal, State, and all local Authority Having Jurisdiction (AHJ);

2. Pay for all fees associated with permits and approvals;

3. Ensure that all work complies with the most current versions of the following standards, as applicable:

a. American Society for Testing and Materials (ASTM);

b. American Association of State Highway and Transportation Officials (AASHTO);

c. Institute of Electrical and Electronics Engineers (IEEE);

d. International Electrotechnical Commission (IEC);

e. International Organization for Standardization (ISO);

f. Underwriters Laboratories (UL);

g. City of Austin standards and specifications; and,

h. All other applicable codes, ordinances, and regulations.

ARTICLE 2.3.3 Design-Build Package Requirements

The design-build package for this solicitation must include, but is not limited to, the following:

1. Project description, as appropriate:

a. Site legal description and site survey information;

b. Space, material, and equipment requirements;

c. Material quality standards;

d. Conceptual design criteria;

e. Time schedules;

f. Quality assurance/quality control requirements;

g. Site development requirements;

h. Applicable codes and ordinances;

i. Provisions for utilities and parking requirements; and,

j. Any additional requirements.

2. Scope of work must include, but is not limited to, the following:

a. Furnish and deliver the following structural and system components:

i. Solar photovoltaic (PV) modules;

ii. DC-AC (direct current-alternating current) inverters;

iii. Electrical transformers, as necessary, to interconnect to the electrical distribution system at distribution circuit level;

iv. All electrical connectors, wiring, conduit, switches, boxes, and other accessories, as necessary, to complete the DC portion of the system;

v. System monitoring and any other communication or networking equipment to interface with ACC’s eGauge monitoring system; and,

vi. Structural components including support frames, mountings, pedestals, beams, columns, piers, and footings and any other structural components, as necessary, for inverter housing structure.

b. Design-Build, Construction, Installation and Commissioning:

i. Design and construct/install structural support beams and racking platforms utilizing existing garage columns as depicted in Exhibit H – Proposed Layout, Design, and Structure View;

ii. Provide complete system design services to conceptualize and engineer a fully functional PV system meeting all applicable codes and safety requirements up to the electrical distribution service connection;

iii. Perform complete all work and installation of the PV system and associated components, including integration with ACC’s eGauge monitoring system, resulting in a fully functional and commissioned system;

iv. Relocate or replace fifteen (15) existing pole lights beneath the solar array to maintain equivalent and safe lighting levels;

v. Coordinate with ACC’s Project Manager to relocate security cameras as required;

vi. Perform all work necessary to ensure the system qualifies for Austin Energy’s Rebate/Solar CBI and federal tax credits (Reference ARTICLE

2.3.6 Federal Tax credit and Local Incentives Information);

vii. Obtain all required approvals and certifications from authorities having jurisdiction; and,

viii. Provide professional services to obtain all required building and electrical permits.

c. Warranties, Certifications, Documentation, and Training to be provide, at a minimum:

i. 25-year warranty on PV modules;

ii. 10-year warranty on inverters;

iii. 2-year warranty on all other components;

iv. 2-year performance warranty on the complete system;

v. Certification by Underwriters Laboratories (UL) or other approved testing laboratory, and approval of electrical equipment delivered to ACC under the resulting agreement, as necessary;

vi. Complete system documentation in AutoCAD 2020 or later; and,

vii. Training to ACC personnel on system operation and maintenance.

ARTICLE 2.3.4 Additional Conditions

1. Respondents shall not submit architectural or engineering designs with, or as part of, their qualification statements;

2. The selected Contractor shall prepare and submit all construction drawings and specifications for review by the City of Austin;

3. All drawings and calculations shall be stamped by a Texas-licensed Professional Engineer; and,

4. ACC has designated Alexander Simko, P.E., MEP Engineering, as its independent architect/engineer and ACC's representative for the duration of the Project.

ARTICLE 2.3.5 Project Schedule

The anticipated schedule for the Project is as follows:

• Preliminary Engineering: Two (2) months

• Design: Two (2) months

• Construction: Six (6) months

Construction shall commence no later than July 1, 2026, and the system shall be completed and fully operational no later than December 31, 2026, or at a date as accepted by ACC.

ARTICLE 2.3.6 Federal Tax Credit and Local Incentives Information

The Design-Build firm shall provide all professional services necessary to ensure compliance with the Inflation Reduction Act of 2022 (IRA) as amended by the One Big Beautiful Bill Act (OBBBA), to assist the Owner to receive the Investment Tax Credit (ITC) in the form of a direct-pay reimbursement. The selected firm is expected to comply with all Foreign Entity of Concern (FEOC) restrictions and adhere to the applicable timelines established under the OBBBA to qualify for the stated tax credit.

ACC is also pursuing the Domestic Content Bonus Credit under the Inflation Reduction Act of 2022 (Reference Exhibit K: Domestic Content Bonus Credit). Accordingly, the selected firm shall provide certifications for all applicable components—including, but not limited to, steel, iron, and photovoltaic (PV) panels—demonstrating that they contain at least 50% domestic content, as required to obtain the bonus credit (Reference Exhibit L: Federal Solar Tax Credits for Businesses).

For additional guidance on OBBBA-related modifications, please refer to:

https://www.irs.gov/newsroom/faqs-for-modification-of-sections-25c-25d-25e-30c-30d-45l-45w-and- 179d-under-public-law-119-21-139-stat-72-july-4-2025-commonly-known-as-the-one-big-beautiful-bill-obbb.

https://www.irs.gov/inflation-reduction-act-of-2022 https://www.irs.gov/newsroom/faqs-for-modification-of-sections-25c-25d-25e-30c-30d-45l-45w-and-179d-under-public-law-119-21-139-stat-72-july-4-2025-commonly-known-as-the-one-big-beautiful-bill-obbb https://www.irs.gov/newsroom/faqs-for-modification-of-sections-25c-25d-25e-30c-30d-45l-45w-and-179d-under-public-law-119-21-139-stat-72-july-4-2025-commonly-known-as-the-one-big-beautiful-bill-obbb https://www.irs.gov/newsroom/faqs-for-modification-of-sections-25c-25d-25e-30c-30d-45l-45w-and-179d-under-public-law-119-21-139-stat-72-july-4-2025-commonly-known-as-the-one-big-beautiful-bill-obbb

The selected firm shall also provide all professional services necessary to meet the requirements of local solar incentive programs, Austin Energy's Rebate/Solar CBI program (https://austinenergy.com/green-power/solar-solutions/for-business), as well as any other applicable local rebates or incentives.

The selected firm shall prepare and provide assistance for all tax credits and incentive applications submitted on behalf of ACC.

ARTICLE 2.4 Liquidated Damages

Time is of the essence in the completion of the Project within the substantial completion date provided by the Design-Build Contract. ACC's actual damages for delay caused by the design-build firms’ failure to timely complete the project are difficult, if not impossible, to measure at the time of entering into contract. ACC has calculated that $1,000 per day is a reasonable estimate of such damages for the design-build firm's unexcused delay in achieving substantial completion by the substantial completion date, and will be used as the measure of damages unless the design-build firm and ACC agree on a different amount (Reference ARTICLE 2.3.5 Project Schedule).

ARTICLE 2.5 Prevailing Wage Rate Requirements

The selected design-build firm and its subcontractors will be required to pay not less than the prevailing wage rates for all workers on the construction project pursuant to Chapter 2258 of the Texas Government Code, Title 10, General Government, Subtitle F, State and Local Contracts and Fund Management, Prevailing Wage Rates https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2258&artSec=.

ACC has adopted the Davis-Bacon Wage Rates as the prevailing wage rates to be used for ACC projects. The wage rates for the Projects will be the rates applicable to Travis County, Texas.

ARTICLE 2.6 Training and Reporting Requirements

The project manager, superintendents, and foremen must all have Occupational Safety and Health Administration (OSHA) 30. All design-build firm's employees and its subcontractors labor must have Occupational Safety and Health Administration (OSHA) 10 Training completed by the start of the project construction. Upon request, the selected design-build firm will provide a complete report of all employees and subcontractors that have completed the required trainings.

Construction services will require meeting with ACC. Key stakeholders and their design consultants, and weekly jobsite meetings will occur with ACC and their design consultants during construction.

Additional meetings may be requested by ACC, as needed, to address the project and related requirements.

ARTICLE 2.7 Reimbursable Expenses

In-district mileage, lodging, transportation, meals, and other related travel expenses must be included in the selected firm's rates and fees with the proposed design-build services, which selected respondents shall be required to submit as part of Step 2: Request for Proposal.

ARTICLE 2.8 Bonding Requirements

Design-Builder shall purchase and maintain bonds as set forth in Exhibit G - ACC Construction Insurance and Bond Requirements.

• The Construction Contractor shall, within ten (10) days after execution of the Contract, furnish bonds covering the faithful Performance of the Contract and Payment of Obligations arising https://austinenergy.com/green-power/solar-solutions/for-business https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2258&artSec= thereunder. Bonds may be obtained through the Construction Contractor's usual source, and the cost thereof shall be included in the Cost of the work. The amount of each bond shall be equal to one hundred percent (100%) of the Estimated Project Budget.

• Warranty Bond, amounting to 10% of the total contract price, ensures that any defects in workmanship or materials or design are addressed.

• Design-Builder must submit the Bond Endorsements on an annual basis to ACC’s Office of Risk Management via email at:

o accriskmgmt@austincc.edu

ACC reserves the right to require the respondents to procure one or more performance, fidelity, payment, or other bonds during the term of the contract. ACC in its sole discretion, determines that there is a business need for such a requirement.

ARTICLE 2.9 Retainage

Until Substantial Completion, ACC will pay 95% of the amount due the respondent on account of progress payments, but will retain five percent (5%) of the original amount. The final 5% retainage shall be due upon full performance of the proposal.

ARTICLE 3 – SMALL LOCAL BUSINESS ENTERPRISES

ARTICLE 3.1 Small Business Development Program (SBDP)

The Small Business Development Program (SBDP) was established to provide a race- and gender-neutral program for the College to utilize in its efforts to ensure that all segments of its local business community have a reasonable and significant opportunity to participate in contracts.

According to ACC’s Board Policy CF (Local), ACC is committed to maximizing the vitality and robustness of the economy of the College’s service area through enhanced opportunities for the utilization of Small Local Business Enterprises (SLBE) as defined within the SBDP.

Respondents may contact the SBDP Office at SBDP@austincc.edu for assistance or clarification with issues specifically related to ACC Policy, the completion of SLBE forms and related reports, by the terms of the contract, and/or by ACC Policy (See Exhibit B, SBDP Information). The suppliers’ plan will be reviewed to assess the strength of proposed SLBE participation on the respondent’s team and to ensure compliance with SBDP by other firms performing on a project under the respondent’s supervision.

ARTICLE 3.2 SLBE Participation

To confirm the best characterization of your firm, all respondents must complete Exhibit B-1 in Workday Strategic Sourcing (WSS) that confirms their eligibility as a certified SLBE or Historically Underutilized Business (HUB) within ACC's taxing district.

The respondent is required to use its best efforts to assist ACC in achieving this objective by providing maximum opportunities for SLBEs to participate on its team(s) and by using its best efforts to encourage the use of SLBEs by other suppliers and subcontractors whenever possible. Suppliers are required to provide a plan describing their actions to utilize SLBEs in all phases of the contract by completing Exhibit B-2 in WSS.

During the term of the contract, ACC shall regularly monitor SLBE participation to determine if it continues to meet or exceed the provisions specified in the contract. If the selected supplier is deemed not to have made a good faith effort to comply with the requirements of the original solicitation. ACC mailto:accriskmgmt@austincc.edu shall report nonperformance relative to its contracts to the Comptroller per its vendor performance tracking system (VPTS) of the Texas Government Code, Section 2262.055.

ARTICLE 4 – AWARD OF CONTRACT

The award shall not be made upon the opening of qualification statements of the design-build solicitation but at a time soon thereafter as may be necessary to evaluate statements and to obtain Board of Trustee authorization, if required. The provisions, terms, and conditions of this solicitation shall become a part of any subsequent contractual documents. Failure of the successful respondents to accept this obligation may result in the cancellation of any recommendation to award.

Notwithstanding the above, this solicitation does not commit ACC to contract for any requirements detailed in this document.

ARTICLE 4.1 Contract Type

ACC intends to award one (1) contract as a result of this solicitation to one (1) qualified firm whose proposal, conforming to the conditions and requirements of the solicitation, are determined to offer the best value to ACC. Any award is contingent upon approval of the ACC Board of Trustees. The foregoing notwithstanding, ACC may require that a separate Design-Build Contract (see Exhibit F) be used for the construction project.

If for any reason, a final contract cannot be executed with a respondent selected for an award within 120 days after the opening of the proposals in accordance with the solicitation process, then ACC may, when applicable, select or negotiate a contract with the next most highly qualified respondent(s), or withdraw the solicitation.

ARTICLE 4.2 Contract Elements

The term "contract" or "Design-Build Contract" means the contract awarded as a result of negotiations as identified in this solicitation and all exhibits thereto. At a minimum, the following documents will be incorporated into the contract: this solicitation and all attachments and exhibits; any modifications, addendum, or amendments issued in conjunction with this solicitation; ACC's Term and Conditions, and the successful respondent's proposal.

The resulting contract will be documented in the AIA Design-Build Contract templates (see website link: https://aiacontracts.com/) with the general conditions of the contract for construction and related terms and conditions.

ARTICLE 5 – BUSINESS PROPOSAL

Please complete the following components of your bid submission included in this digital RFQ event:

• WSS Questionnaire

• Required documents:

1. Completed and signed Certification Form (Exhibit A);

2. Completed SBDP Forms (Exhibits B1, and/or B2), as applicable (Forms 4-6 required only at contract award);

https://aiacontracts.com/

3. Respondent’s Affidavit of Non-Collusion (Exhibit C-1);

4. Conflict of Interest Questionnaire (Exhibit C-2);

5. Certification - Provisions of the Texas Government Code, Sections 2271.002 and

2274.002 (Exhibit E);

6. Proof of Insurability in accordance with ACC’s Terms and Conditions set forth in this solicitation as:

Respondent must demonstrate they have the appropriate general liability insurance as set forth in ACC’s Terms and Conditions. Specify the bond, professional liability, or comparable insurance coverage maintained by the company. Certification of bond, when the application must be presented within ten (10) calendar days of notification.

Respondent must show evidence of possessing Workers’ Compensation Insurance as required by law.

Verification that the firm has completed the online Vendor Registration with ACC on their portal link: https://austincc.edu/sbdpvendor and provided supporting documentation including but not limited to IRS W-9, Request for Taxpayer Identification Number and Certification (see irs.gov).

7. Provide evidence of licensure by appropriate state board, if applicable.

8. Signed Addendum/Addenda, when applicable.

ARTICLE 6 – BUSINESS PROPOSAL EVALUATION

The ACC Board of Trustees has delegated the ACC P2P department to select the following criteria for evaluating firms to provide design-build services as part of the overall contracting process.

Qualification statements will be evaluated in accordance with the Texas Government Code Section 2269, to contract from this solicitation for the proposed services as follows:

• An evaluation committee will conduct evaluations of the submitted qualification statements.

• Any response that takes exception to any mandatory item(s) in this solicitations process may be rejected and not considered. Any response to the solicitation that does not include a response to all the required information may also be rejected and not considered.

• A notation of “Not applicable” or “N/A” as appropriate will be considered a valid response.

ARTICLE 6.1 Evaluation and Selection:

Respondents who submit timely responses to this RFQ will be ranked based on their scores, which they receive according to the selection criteria set out in Article 6.2.2. ACC may rank the respondents based on the evaluation score among all respondents. All respondents must also provide the requested information and related documents as identified in the solicitation via Workday Strategic Sourcing (WSS).

• ACC will review statements of qualification and select finalists based upon the listed evaluation criteria. ACC reserves the right, at its sole discretion, to accept the proposal, which it considers most favorable to the College's interest.

• ACC reserves the right to accept or reject any qualified proposal, to reject any and all proposals, and to waive minor informalities.

https://austincc.edu/sbdpvendor

• ACC will use a formal evaluation process to select the successful respondent. ACC will consider capabilities or advantages that are clearly described in the proposal, which may be confirmed by oral presentations, site visits, demonstrations, and references contacted by ACC. ACC reserves the right to contact individuals, entities, or organizations that have had dealings with the respondent or proposed staff, whether or not identified in the proposal.

• ACC will more favorably evaluate statements that offer no or few exceptions, reservations, or limitations to the terms and conditions of the solicitation, including the ACC’s Terms and Conditions.

ARTICLE 6.2 Evaluation Process

ACC will evaluate responses based on demonstrated competence and qualifications. To evaluate these criteria, ACC will consider the following factors for the evaluation and selection process as identified in Article 6.2.1, and using the identified selection criteria in 6.2.2.

ARTICLE 6.2.1 Selection Process

Step 1:

Respondents who submit timely responses to this RFQ will be evaluated and ranked according to the Selection Criteria in ARTICLE 6.2.2.

ARTICLE 6.2.2 Selection Criteria

Qualification statements submitted in response to the RFQ will be evaluated and ranked within a competitive range of scores among all respondents based on the criteria and weights listed below.

ACC may select a maximum of five (5) respondents who will proceed to Step 2 in the selection process.

1. Technical competence and relevant experience, including the firm's demonstrated past performance on projects of similar size and complexity for other community colleges, institutions of higher education, other governmental and public entities, etc. (30%);

2. Quality and completeness of the firm’s qualifications, and the extent to which the submission aligns and satisfies ACC's requirements (25%);

3. Qualifications and adequacy of the firm's proposed warranty and training program (10%);

4. Qualifications and demonstrated understanding of applicable tax credits and incentives

(10%);

ARTICLE 6.2.3 Submission of RFP Responses

Step 2:

Selected respondents, based on their qualifications and combined ranking from Step 1, will receive an RFP, via WSS, as part of Step 2. The RFP will include the scope of work and specifications for all selected respondents and the date and time for submitted proposal responses. The requested documentation must be submitted, via WSS, on the date identified in the RFP. ACC will evaluate the submitted RFP responses and will consider the following factors and the weights associated with the following criterion in reaching ACC's final ranking for the respondents who have submitted proposals.

5. Costing methodology, general conditions, proposed design, and projected value of overall system (25%).

Both the RFQ and RFP combined will assist ACC in determining the best overall value for the College.

ARTICLE 6.3 Acceptance of Evaluation Methodology

By submitting a proposal in response to the RFQ/RFP, the respondent accepts the evaluation process, acknowledges and accepts that determination of the “most qualified” firms/respondents will require subjective judgments by the Owner.

BY SUBMITTING A RESPONSE TO THIS RFQ/RFP, THE RESPONDENT (OR BIDDER) AGREES

THAT IT WAIVES ANY CLAIMS IT HAS OR MAY HAVE AGAINST ACC, ACC’S EMPLOYEES,

OFFICERS, AGENTS, REPRESENTATIVES AND MEMBERS OF ACC’S GOVERNING BODY, IN

CONNECTION WITH OR ARISING OUT OF THIS RFQ/RFP INCLUDING THE ADMINISTRATION

OF THE RFQ/RFP, THE BASIS FOR SELECTION, THE EVALUATION OF THE RESPONSES, THE

METHOD USED FOR SELECTION, AND ANY DISCLOSURE OF INFORMATION REGARDING THE

RESPONSES OR EVALUATIONS. THE SUBMISSION OF QUALIFICATIONS CONSTITUTES THE

ACCEPTANCE BY THE RESPONDENT OF THE EVALUATION TECHNIQUE DESCRIBED IN THIS

RFQ/RFP.

ARTICLE 6.4 Initial Compliance Screening

ACC will perform an initial screening of all proposals received. Unsigned statements are subject to rejection without further evaluation. Statements that do not include all required forms will result in automatic disqualification.

ARTICLE 6.5 Competitive Range Determinations

ACC may determine that certain statements are within the competitive range for consideration for negotiation and possible contract award, for statements that receive the highest or most satisfactory evaluation. ACC may, in the interest of administrative efficiency, place reasonable limits on the number of statements that will be included in the competitive range.

ARTICLE 6.6 Oral Presentations and/or Site Visits

ACC reserves the right to negotiate and to request interviews and/or oral presentations from any one or all qualified respondents during Step 1 or Step 2 of the procurement process. ACC may, at its sole discretion, request oral presentations, site visits, and/or demonstrations from one (1) or more respondents included in the competitive range. ACC will notify selected respondents of the time and location for these activities and may supply agendas or topics for discussion. ACC reserves the right to ask additional questions during oral presentations, site visits, and or demonstrations to clarify the scope and content of the written proposal.

The respondent’s oral presentation, site visit, and/or demonstration must substantially represent material included in the written proposal, and should not introduce new concepts or offers unless specifically requested by ACC.

ARTICLE 6.7 Best and Final Offers

ACC may, but is not required to, permit proposals to prepare one or more revised offers. For this reason, respondents are encouraged to treat their original proposal, and any revised offers requested by ACC, as best and final offers.

ARTICLE 6.8 Clarifications with Respondents

ACC may, but is not required to, conduct clarifications with all, some, or none of the respondents included in the competitive range for the purpose of obtaining the best value for ACC. ACC may conduct clarifications for the purpose of:

• clarifying proposal’s ambiguities;

• requesting modifications to a proposal; and/or

• obtaining a best and final offer.

ACC may make an award that represents the best value to the College.

ARTICLE 7 – INSURANCE AND BOND REQUIREMENTS

The successful contracted Design-Builder (Construction Contractor) firm shall purchase and maintain and provide at its own expense Insurance as set forth in attached Exhibit G - ACC Construction Insurance and Bond Requirements, ensuring all services, work activities, and contractual obligations undertaken in this contract. These insurance policies must be written by companies with AM Best ratings of A-IX or better.

The insurance coverages listed below are this solicitation-required minimum.

ARTICLE 7.1 General Liability Insurance

Covering all duties, services, or work to be performed (under the contract); insurance will provide limits of:

• Policy aggregate $2,000,000

• Each occurrence $1,000,000

• Products/completed operations aggregate $1,000,000

• Personal injury liability $1,000,000

• Fire damage liability $50,000

• Medical payments $5,000

• Sexual Molestation noted as not excluded from coverage limits equal to policy limits.

• Consultant/Professional Liability Insurance limit $1,000,000 occurrence/aggregate (for consultants/services).

• Automobile Liability Insurance, Combined Single Limit $500,000 or as required by law.

ARTICLE 7.2 Workers’ Compensation Insurance

Providing the statutory benefits for the State of Texas and Employer’s Liability Insurance for all contracts in the amount of:

• Bodily Injury by Accident: $500,000

• Bodily Injury by Disease - each person: $500,000

• Bodily Injury by Disease - policy limit: $500,000

ARTICLE 7.3 An Original Certificate of Insurance

Must be submitted from the insurer/agent prior to the issuance of the Notice to Proceed. The insurance carriers must be acceptable to ACC, generally an AM Best A- IX or better rating. The General Liability and Automobile Liability Certificate of Insurance must name Austin Community College District as an additional insured.

All certificates except Professional Liability shall include a Waiver of Subrogation for coverages.

Design-Builder must maintain the required limits of insurance as specified in the contract. They must also inform the College of any changes in insurance carriers, policy effective dates, or agents at least

30 days prior to such change, except if the policy is canceled for non-payment of premium, in which case the notice shall be ten (10) days.

ARTICLE 7.3.1

Design-Builder shall submit a properly endorsed Certificate of Insurance (COI) prior to any use of ACC facilities, work performed or services provided by design-build firm under this Contract. Design- Builder must submit the COI on an annual basis to ACC’s Office of Risk Management via email at:

• accriskmgmt@austincc.edu

• Insured Name:

o AUSTIN COMMUNITY COLLEGE DISTRICT o ATTN: RISK MANAGEMENT o 6101 HIGHLAND CAMPUS DRIVE o AUSTIN, TEXAS 78752-6000

Insurance carriers must be acceptable to ACC, with generally an AM Best A- IX or better rating.

General Liability and Automobile Liability certificates of insurance must name Austin Community College District as additional insured. All certificates except Professional Liability shall include a Waiver of Subrogation for coverages in favor of Austin Community College District. Notice shall be provided to ACC of any changes in insurance carriers, policy effective dates, or agents to insurance required under this Contract at least 30 days prior to such change, except if the policy is canceled for non-payment of premium, in which case the notice shall be 10 days.

ARTICLE 7.3.2

Design-Builder shall carry Pollution Liability insurance with limits of $1,000,000 per occurrence and $2,000,000 aggregate.

ARTICLE 7.3.3

Design-Builder shall carry Errors and Omissions insurance with limits of $1,000,000 for each occurrence and $3,000,000 aggregate.

ARTICLE 7.3.4

Design-Builder shall carry Sexual Misconduct and Liability insurance with limits of $1,000,000 for each occurrence and $3,000,000 aggregate. Design-Builder firm shall have coverage that does not exclude Sexual Molestation coverage with limits equal to policy limits.

ACC shall bear no financial responsibility for the Contractor's insurance coverage.

mailto:accriskmgmt@austincc.edu