ESBD_File_331707_2023.07.31 - SRSU FAB+MoBBR - (1st Phase) RFQ for Design-Build Services (final).pdf

REQUEST FOR QUALIFICATIONS

FOR

DESIGN-BUILD SERVICES

FOR

SUL ROSS STATE UNIVERSITY

ALPINE, TEXAS

FINE ARTS FACILITIES EXPANSION

AND MUSEUM OF THE BIG BEND

RENOVATION

ALPINE, TEXAS

RFQ No.:

758-23-07018

Submission Date:

August 31, 2023 – 2:00 p.m. (C.D.T.)

Prepared By:

Peter Maass, Director of Capital Projects Administration

The Texas State University System 601 Colorado Street

Austin, TX 78701-2904 512-463-1808

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

RFQ No. 758-23-07018

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 Optional and Virtual Pre-Submission 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 Architecture Firms

1.19 State Registration of Engineering Firms

1.20 Required Notices of Workers’ Compensation Insurance Coverage

1.21 Prevailing Wage Rate Determination

1.22 Nondiscrimination

1.23 Non-Boycott Israel Verification

1.24 Cybersecurity Training Program

1.25 Certification Regarding Business with Certain Countries and Organizations

1.26 Non-Discrimination of Firearm Industry Verification

1.27 Anti-Boycott Energy Companies Verification

1.28 Vaccine Passport Prohibition

1.29 Critical Infrastructure Affirmation

Section 2 - Executive Summary

2.1 Historical Background

2.2 Mission Statement

2.3 Project Description and Scope

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

2.4 Project Planning Schedule

2.5 Owner’s Special Conditions

Section 3 - Requirements for Statement of Qualifications

3.1 Respondent’s Ability to Provide Design/Build Services

3.2 Qualifications of the Design/Build Team and the Execution of Services

3.3 Respondent’s Past Performance on Representative Design/Build Projects

3.4 Respondent’s Ability to Establish Budgets and Control Costs

3.5 Respondent’s Ability to Meet Schedules

3.6 Respondent’s Knowledge of Current Construction Methodologies, Technologies, Quality, and

Best Practices

3.7 Respondent’s Ability to Identify and Resolve Problems

3.8 Respondent’s Ability to Manage Construction Safety Risks

3.9 Respondent’s Warranty and Service Support Program for this Project

3.10 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

Section 5 - Attachments to the RFQ

5.1 Attachment A - HUB Commitment Letter – Sample

5.2 ESBD Exhibit A - Design Criteria Package: Strategic Space Plan for Fine Arts at Sul Ross State

University, by Facility Programming and Consulting, Inc., July 2023. Provided on the ESBD web page.

5.3 ESBD Exhibit B – Design Criteria Package: Sul Ross State University Museum of the Big Bend

Existing Building Assessment, by Page Southerland Page, Inc., May 2023. Provided on the ESBD web page.

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

REQUEST FOR QUALIFICATIONS FOR

DESIGN/BUILD SERVICES

SUL ROSS STATE UNIVERSITY

ALPINE, TEXAS

FINE ARTS FACILITIES EXPANSION AND

MUSEUM OF THE BIG BEND RENOVATION

ALPINE, TEXAS

RFQ No.: 758-23-07018

SECTION 1 – GENERAL INFORMATION & REQUIREMENTS

1.1 GENERAL INFORMATION: The Texas State University System (“Owner”) on behalf of Sul

Ross State University (“Component” or “SRSU”), is soliciting Statements of Qualifications

(“Qualifications”) for selection of a Design/Build firm for the Fine Arts Expansion and Museum of the Big Bend Renovation project (“Project”), on the University’s campus in Alpine, Texas.

This solicitation sets forth the terms, conditions, and requirements for prospective Design/Build firms to be considered for this work. (Prospective Design/Build firms are hereinafter referred to as

“Respondents”).

1.1.1 This Request for Qualifications (“RFQ”) is the first phase in a two-phase process for selecting a Design/Build firm for the Project as provided by Texas Education Code

§51.780. This RFQ provides the information necessary to prepare and submit

Qualifications and for the Owner to evaluate each Respondent’s experience, technical competence, capability to perform, the past performance of the Respondent's team and members of the team, and other appropriate factors submitted in response to the RFQ, except that cost-related or price-related evaluation factors are not permitted through the initial qualification and ranking of the Respondent. Each Respondent must certify to the

Owner that each architect and/or engineer that is a member of its team was selected based on demonstrated competence and qualifications in the manner provided by Section

2254.004, Texas Government Code. The response to the RFQ will provide all the information necessary for consideration and initial ranking by the Owner. Based on the initial ranking, the Owner may select a short list of up to five (5) of the top ranked

Respondents for an interview. Short-listed Respondents may be required to submit additional information in connection with the interview.

1.1.2 In phase two, through a Request for Proposals (“RFP”) issued to the short-listed

Respondents, the Owner may request additional information regarding each short-listed

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 Respondent to meet schedules, costing methodology, and other factors as appropriate. The Owner will not require Respondents to submit detailed architectural or engineering designs as part of the proposal. The Owner shall rank each proposal submitted on the basis of the criteria specified in the RFP. The owner shall select the Design/Build firm that submits the proposal offering the best value for the Component on the basis of the published selection criteria and on its ranking evaluations.

1.1.3 As part of phase two, the short-listed Respondents will be required to submit a proposal on the Owner-provided proposal form. The proposal form shall be submitted in a sealed envelope with the RFQ/P number and the Respondent’s name clearly stated on the outside

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas of the envelope. The proposal form will include line items that require each of the following to be stated separately: the Proposed Pre-Construction Phase Fee, the Proposed

Construction Phase Fee, and the Proposed General Conditions costs by line-item category.

All proposed fees and general condition costs shall exclude any and all architectural and engineering fees.

1.1.4 After the evaluation of information provided under phase two, and any subsequent re-ranking of the short-listed Respondents, the Owner shall first attempt to negotiate an agreement with the highest ranked Respondent. If the Owner is unable to negotiate a satisfactory agreement with the selected Respondent, the Owner shall, formally and in writing, end all negotiations with that Respondent and proceed to negotiate with the next

Respondent in the order of the selection ranking until an agreement is reached or negotiations with all ranked Respondents end. In the course of negotiating the agreement, the Owner shall rely on the fee and cost proposals provided by the Respondent under phase two. Time is of the essence for the Owner in the negotiation of agreements and Respondent shall take all necessary measures to assure that proposals and revisions to proposals are expedited. Failure of the Respondent to be responsive and maintain a satisfactory and expedited negotiating schedule shall form the basis for the Owner to end all negotiations with the Respondent.

1.1.5 The Owner has established a Design/Builder’s Budget Limitation (“DBBL”) amount of

Nineteen Million Three Hundred Thousand Dollars ($19,300,000) The DBBL includes a

Construction Cost Limitation (“CCL”) of Seventeen Million One Hundred Thousand

Dollars ($17,100,000). The selected Design/Build firm will be expected to present a

Guaranteed Maximum Price Amount (including a mutually agreed upon construction contingency) for Owner’s approval at the completion of the one hundred percent (100%)

Design Development Documents.

1.1.6 Following selection of a Design/Build firm, that firm's architects and/or engineers shall complete the design, submitting all design elements for review and determination of scope compliance by the Owner before construction. An architect shall have responsibility for compliance with the requirements of Chapter 1051, Texas Occupations Code. An engineer shall have responsibility for compliance with the engineering design requirements and all other applicable requirements of Chapter 1001, Texas Occupations Code.

1.1.7 The successful Respondent will be required to use the Owner’s web-based project management software.

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 strictly 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 Standard Design/Build Contractor Agreement (“Agreement”), a copy of which is posted on Owner’s website at: http://www.tsus.edu/offices/finance/capital-projects.html

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

RFQ No. 758-23-07018 http://www.tsus.edu/offices/finance/capital-projects.html

1.3.1 The Agreement should be viewed as a draft and is subject to change. The Uniform General

Conditions for Construction Contracts referenced in the Agreement may be viewed on the

Owner’s website at:

http://www.tsus.edu/offices/finance/capital-projects.html

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 issued formally by the Owner as a written addendum. All such addenda issued by the Owner before the Qualifications are due become part of the RFQ. Respondents shall acknowledge receipt of and incorporate each addendum in its Qualifications submittal.

Respondents shall be required to consider only those clarifications and interpretations that the

Owner issues by addenda. Interpretations or clarifications obtained 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 regularly and eight (8) business days before the submission deadline.

1.4.1 The deadline for the receipt of written questions is stated in Section 2.4.

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

FOR THIS RFQ VIA THE ELECTRONIC BUSINESS DAILY WEBSITE AT THE

FOLLOWING LINK:

http://www.txsmartbuy.com/sp

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

AND THE RFQ NUMBER PROVIDED IN THIS SOLICITATION.

1.5 SUBMISSION OF QUALIFICATIONS:

1.5.1 The Qualifications, including the HUB Subcontracting Plan and HUB Commitment Letter, must be received at the address specified in Section 1.5.2 prior to the date and time deadline. Please note that overnight deliveries such as FedEx and UPS arrive at a central campus location and are usually not delivered to the specified location until after the time deadline. Respondents are advised to use other methods of delivery or, if using an overnight delivery service, to send the Qualifications a day earlier than usual. 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 by the Component.

1.5.2 DEADLINE AND LOCATION: The Owner will receive Qualifications at the time and location described below.

August 31, 2023 – 2:00 p.m. (C.D.T.)

Ely Gonzalez

Sam Houston State University

2424 S. Sam Houston Avenue

Huntsville, Texas 77340

1.5.3 Submit five (5) identical 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 of the

Qualifications.

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

RFQ No. 758-23-07018 http://www.tsus.edu/offices/finance/capital-projects.html http://www.txsmartbuy.com/sp

1.5.4 Submit one (1) original and one (1) copy of the HUB Subcontracting Plan (“HSP”), and one (1) digital copy on a USB/flash drives in Adobe Acrobat PDF format. Also include one (1) original HUB Commitment Letter (“HCL”) as separate attachments to the

Qualifications as described in Section 1.13.

1.5.5 Qualifications received after the stated official 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.

1.5.6 The Owner will not acknowledge or receive 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 Respondent’s Qualifications materials must be enclosed in a sealed envelope (box or container) addressed to the Point-of-Contact. Packages must clearly identify the submittal deadline, the RFQ title and number, and include the name, email address, and return address of the Respondent’s contact person. The Qualifications must include the HSP and

HCL in a sealed envelope (box or container).

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

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

1.5.9.1 The physical location of the public opening is as stated in paragraph 1.5.2, above.

1.5.9.2 The public opening can be observed virtually through the following link:

https://shsu.zoom.us/j/84129566075

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 in writing, to the

Point-of-Contact, via email only.

Peter Maass, Director of Capital Projects Administration

The Texas State University System

Email: peter.maass@tsus.edu

1.7 EVALUATION OF QUALIFICATIONS: The first phase evaluation of the Qualifications shall be based on the requirements described in this RFQ. All properly submitted Qualifications will be reviewed, evaluated, and ranked by the Owner. The top five (5) or fewer ranked Respondents may be selected by the Owner to participate in phase two of the selection process.

1.7.1 First phase qualifications shall not include any information regarding Respondent’s fees, pricing, or other compensation. Such information will be solicited from firms qualified by the Owner to participate in phase two of the selection process but will exclude any and all architectural and engineering fees.

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

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

RFQ No. 758-23-07018 https://shsu.zoom.us/j/84129566075 divide the Project into multiple parts, to reject any and all Qualifications and re-solicit for new

Qualifications, or to reject any and all responses 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 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 evaluation committee will be subjected to routine administrative review by the Owner’s executive officers but, once a selection is announced, it will not be subjected 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 process shall be at the sole risk and responsibility of the Respondent. Respondents submit Qualifications and Proposals at their own risk and expense.

1.11 OPTIONAL AND VIRTUAL PRE-SUBMISSION CONFERENCE: An optional pre-submission conference will be held on:

August 16, 2023 – 2:00 p.m. (C.D.T.)

Sul Ross State University

Briscoe Administrative Building, Room 201 East Highway 90

Alpine, Texas 79832

Directions: Enter the campus off North Harrison Street at East Sul Ross Avenue (Entrance 3). The parking lot is located on the right and no temporary parking permit is required. The Briscoe

Administrative Building Conference Room is located on the 2nd floor, Room 201. No badges are required.

The optional pre-submission conference can also be accessed virtually through the following link:

https://us02web.zoom.us/j/83751057228?pwd=OXd6VDlqeWxNSlF1NVlmVXVtdno5dz09

Meeting ID: 837 5105 7228

Passcode: 363500

One tap mobile

+13462487799,,83751057228#,,,,*363500# US (Houston)

+16694449171,,83751057228#,,,,*363500# US

Questions regarding the Pre-Submission Conference may directed to Bob Jacob at:

Email: robert.jacob@sulross.edu

Phone: 432-837-8749

1.11.1 A guided tour of the Project sites will be included as part of the conference agenda.

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

RFQ No. 758-23-07018 https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fus02web.zoom.us%2Fj%2F83751057228%3Fpwd%3DOXd6VDlqeWxNSlF1NVlmVXVtdno5dz09&data=05%7C01%7Cpeter.maass%40tsus.edu%7Cf7bf65a05f1940e3a01d08db8eb22f69%7Cb19c134a14c94d4caf65c420f94c8cbb%7C0%7C0%7C638260668184899191%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=tn2GHxvixirEEwkRVOCUpUyV1h52zQ3MnLZf5lRgXvg%3D&reserved=0 mailto:robert.jacob@sulross.edu

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, Proposal, HSP and HCL.

1.13 HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITTAL REQUIREMENTS: It is the policy of the Owner to promote and encourage contracting and subcontracting opportunities for

Historically Underutilized Businesses (“HUB”) 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.

1.13.1 A HUB Subcontracting Plan (“HSP”) is required by Respondent as a part of the

Qualifications for “Design” architect/engineer services.

1.13.2 The HSP is not required by respondents as part of the Qualifications for the “Build” construction services. The HSP will be required by the selected Respondent, upon bidding of construction services after approval of a Guaranteed Maximum Price proposal. Submit a HUB Commitment Letter (“HCL”) to describe how Respondent will participate and demonstrate a good faith effort in achieving the Owner’s HUB goals.

1.13.3 A sample HCL is attached to this solicitation as Attachment A.

1.13.4 Submit one (1) original, one (1) copy, and one (1) disc or thumb drive of the HSP and HCL in a separate sealed envelope apart from the Qualifications as stated in Section 1.5.4 of this

RFQ.

1.13.5 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

1.13.6 Questions regarding the preparation of the HSP can be directed to:

Cynthia (Cindy) Tate Guajardo

Card Services Administrator/HUB Coordinator

Procurement & Business Services

Sul Ross State University

Phone: (936) 294-1991

Email: clt23aw@sulross.edu

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, Texas 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

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

RFQ No. 758-23-07018 https://comptroller.texas.gov/purchasing/vendor/hub/forms.php mailto:clt23aw@sulross.edu 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 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 ARCHITECTURE FIRMS: Respondents are advised that the Texas

Board of Architectural Examiners requires that any firm or business entity providing architectural services to the public, other than a sole proprietor doing business under his/her name, must annually register information regarding the firm or business entity with the Texas Board of Architectural

Examiners. Texas Board of Architectural Examiners. 333 Guadalupe Street, Suite 2-350, Austin, Texas 78701, telephone (512) 305-9000, has jurisdiction over individuals licensed under the

Architects’ Registration Law, Chapter 1051, Texas Occupations Code.

1.19 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.

1.20 REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE: The

Texas Workers' Compensation Commission has adopted a new rule, Texas Administrative Code

Title 28, Part 2, Chapter 110, Subchapter B, Rule 110.110, relating to REPORTING

REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR

GOVERNMENTAL ENTITIES. The rule implements sec. 406.096, Texas Labor Code, which requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The requirements of the rule are set forth in the

Uniform General and Supplementary General Conditions of The Texas State University System

Building Construction Contracts.

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

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

Prevailing Wage Law will be administered. The penalty for violation of prevailing wage rates has been increased from $10.00 per underpaid worker per day or portion thereof to $60.00. The

Prevailing Wage Rate for Brewster County, Texas, can be found on the following website:

https://beta.sam.gov/

1.22 NONDISCRIMINATION: In their execution of this agreement, Respondent, consultants, their respective employees, and others acting by or through them shall comply with all federal and state policies and laws prohibiting discrimination, harassment, and sexual misconduct. Any breach of this covenant may result in termination of this agreement.

1.23 NON-BOYCOTT ISRAEL VERIFICATION: To the extent required in Chapter 271, Texas

Government Code, Respondent hereby certifies that it does not boycott Israel and will not boycott

Israel during the term of the Agreement. ”Boycott Israel” shall have the meaning set forth in Section

808.001, Texas Government Code.

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

Code, Design/Build firm and its subcontractors, officers, and employees, who are provided credentials granting access to Component’s computer system also known as Component’s information system, must complete a cybersecurity training program certified under Section

2054.519, Texas Government Code as selected by the Component. The cybersecurity training program must be completed during the term and any renewal period of the

Agreement. Design/Build firm shall verify in writing completion of the program to the Component 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.

1.25 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 the Agreement may be terminated and payment withheld if this certification is inaccurate.

1.26 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 not discriminate during the term of this Agreement against a firearm entity or firearm trade association.

1.27 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.

1.28 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

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

RFQ No. 758-23-07018 https://beta.sam.gov/ 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.

1.29 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: SRSU was created by the 35th Legislature in 1917 to serve as a state normal college to train teachers. The school, Sul Ross State Normal College, was named after

Lawrence Sullivan Ross, Governor of Texas from 1887 to 1891 and President of Texas A&M

College from 1891 to 1898. Construction began in 1919 and on June 14, 1920, under the presidency of Thomas J. Fletcher, operations began in the present Dolph Briscoe Jr. Administration Building.

The first enrollment in the summer of 1920 included 77 students, who studied education and liberal arts subjects.

In 1923, the state Legislature changed the name to Sul Ross State Teachers College, and advanced courses leading to baccalaureate degrees were added. The first baccalaureate degree was awarded in the summer of 1925. In 1930, graduate level course work began, and the first master’s degrees were presented in 1933. The school experienced continued growth in enrollment and construction until World War II, when portions of the campus housed a U.S. Navy pilot training program and a

Women’s Army Corps Training School.

Enrollment grew to more than 1,000 students in 1960 and to over 2,000 in 1970. Academic programs continued to expand and new fine arts, physical education, science, range animal buildings, and a new library were constructed between 1952 and 1974. In 1969, the Legislature again changed the name of the school to Sul Ross State University (“SRSU”) to reflect its status as a comprehensive state university.

SRSU has become the cultural and educational hub for the remote Big Bend region. The school has enriched the area through scientific research in biology, geology, and range animal science, with emphasis on Chihuahuan Desert studies. Through the University’s Center for Big Bend Study, research and educational activities are conducted in historic, cultural, and economic development for the Trans-Pecos region and adjacent areas in Mexico and New Mexico.

2.2 MISSION STATEMENT: Sul Ross State University seeks to be a national and international leader in achieving excellence among universities in the areas of education, research, social mobility, service, affordability, and shared governance.

Rooted in the distinctive surroundings and history of the Big Bend and the US-México border regions of Texas, SRSU provides accessible, comprehensive, and life changing education through high quality teaching, research, cultural awareness, creativity, and service.

Values:

• Excellence

• Ethics and Integrity

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

• Diversity and Inclusiveness

• Growth and Exploration Leadership and Service

• Personal Connection

• Effective Communication

2.3 PROJECT DESCRIPTION AND SCOPE: This project is composed of an assortment of small, medium, and large size projects including renovations, building systems replacements, and new construction. The projects are organized into two headings as a result of the funding sources that support them. The “Fine Arts Facilities Expansion” project is the larger of the two and impacts a number of buildings on the SRSU campus. The “Museum of the Big Bend Renovation” project is limited to the original 1937 museum building. The projects are combined to elicit the greatest efficiency in delivering the scope of required work.

The Fine Arts Facilities Expansion will address inadequate existing facilities at five locations on the SRSU campus, as follows:

• Francois Fine Arts Building: The existing building constructed in 1950 and houses various components of the Department of Fine Arts. The building was last renovated in 1980 to better support the arts with classrooms, labs, an art gallery, and the studio theater. The building also contains music practice rooms, offices, a costume shop, and other support spaces. The project proposes to replace the current mechanical and electrical systems, address accessibility deficiencies, and renovate existing spaces at Levels 1 and 2.

• Art Annex/Industrial Technology: This single-story pre-engineered building was constructed in 1993. A ceramics and sculpture studio occupies around 2,300 gross square feet of the building, not including exterior covered areas. The scope of work proposed for these spaces includes addressing deferred maintenance items including mechanical and electrical systems, and exterior storm water drainage improvements.

• Kokernot Lodge: The Kokernot Lodge was completed in 1934 as part of a Civil Works

Project. It is located approximately one mile north of the main campus off TX 223 North.

Under this project, the existing facility will be stabilized. The caretaker’s quarters addition will be removed, the shared rear wall repaired, and several roof areas at the back of the lodge will be repaired. The lodge has accessibility challenges at the primary entry that need to be reviewed and addressed. Existing mechanical systems will need to be inspected and updated, as required.

• Kokernot Lodge Amphitheater: This outdoor amphitheater was constructed in the 1970s and is located southeast of the Kokernot Lodge, adjacent to the Scene Shop. The theater is actively utilized for outdoor theater and musical performances and has a need for significant updates and maintenance. A backstage structure facilitates multiple functions including prop storage, performers dressing and restrooms, and other back-of-house functions. Each of these components are in need of significant repair and renovation and mechanical and electrical systems require complete upgrades. Overall accessibility at the site is another challenge that needs to be addressed. The current parking area is not paved and the distance from the lot to the theater seating is far. While accessible seating is at the front of the stage, closer to the parking area, the sound booth and concessions are located at the rear of the seating area. A substantial stair and non-ADA compliant ramp, greatly limit accessibility to this area. The sound booth is also in poor condition with a leaking roof, out-of-date equipment, and poor security.

• Black Box Theater: A new Black Box Theater is proposed to be constructed adjacent to the Kokernot Lodge Amphitheater. As the budget allows, this space would include a new scene shop, costume shop, dressing rooms, restrooms, general classrooms, and shared storage. The initial intent is to integrate the new building with the existing pre-engineered

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas metal buildings that compose the backstage and support spaces for the outdoor amphitheater.

The Museum of the Big Bend was built in 1937 and underwent a complete renovation and restoration project in 2007, which preserved the overall character and forms of the original building.

The museum houses both permanent and temporary exhibits, a map collection, library, museum store, a multi-purpose/educational room, and various back of house offices, and collections storage.

An assessment report completed in May 2023, identified nearly $3.3 million in existing building deficiencies that need to be addressed, however, current budget limitations will only allow for $1.1 million to address the most critical deficiencies. The most critical deficiencies currently identified include the following:

• Architectural:

o Widen doorways at basement closet and offices.

o Address protruding objects in path of travel.

o Mold and water damage repairs.

o Building exits and exit signage deficiencies.

o Exterior window and sealant repairs.

• Fire Protection:

o Evaluate and address current flow rates.

o Install a pre-action sprinkler system.

• Mechanical:

o Replace air-cooled chiller.

o Replace chilled water pump.

o Replace hot water pump.

o Provide dedicated AC unit at IT closet.

• Plumbing:

o Replace electric water heater.

o Replace hot water recirculating pump.

o Replace elevator pit sump pump.

• Telecommunication:

o Address deficiencies in current IT room.

o Provide additional Wireless Access Points

• Interior Renovation: Relocate the existing map room from the basement to the main floor.

The new map room includes new carpet, millwork, electrical receptacles, lighting, and security systems.

2.3.1 Project design criteria can be found in the following two documents:

2.3.1.1 Strategic Space Plan for Fine Arts at Sul Ross State University, by Facility

Programming and Consulting, Inc., July 2023. Included as Exhibit A on the ESBD web page.

2.3.1.2 Sul Ross State University Museum of the Big Bend Existing Building Assessment, by Page, Southerland, Page, Inc., May 2023. Included as Exhibit B on the ESBD web page.

2.3.2 The total Design/Build Budget Limitation (“DBBL”) for the Project is: $19,300,000.

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

2.3.3 The total Construction Cost Limitation (“CCL”) for the Project is: $17,100,000. (The

Fine Arts Facilities Expansion is valued at $16,000,000, while the Museum of the Big

Bend Renovation is valued at $1,100,000.)

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

2.4.1 Owner publishes RFQ for D/B Services ............................................................. 07/31/2023

2.4.2 Optional Pre-Submission Conference (2:00 p.m.) .............................................. 08/16/2023

2.4.3 RFQ submittal of questions deadline (12:00 p.m.) ............................................. 08/22/2023

2.4.4 Deadline for submittal of Qualifications, HCL and HSP (2:00 p.m.) ................. 08/31/2023

2.4.5 Respondents name read aloud virtually from Sam Houston State University .... 08/31/2023

2.4.6 Owner selects shortlisted Respondents for interview (if required) ..................... 09/13/2023

2.4.7 Interview of shortlisted Respondents (if required) ............................................. 09/20/2023

2.4.8 Owner issues request for phase two information (to short-listed firms) ............. 09/22/2023

2.4.9 Deadline for submittal of phase two information (2:00 p.m.) ............................ 09/28/2023

2.4.10 Owner selects top ranked Respondent ................................................................ 10/02/2023

2.4.11 Owner commences negotiations ......................................................................... 10/05/2023

2.4.12 Owner and Respondent agree to terms of the D-B Agreement ........................... 11/01/2023

2.4.13 Execute D/B Agreement ..................................................................................... 11/06/2023

2.4.14 Notice to Proceed for Design/Pre-Construction Services ................................... 11/07/2023

2.4.15 Board of Regents approval of Design Development Submittal .......................... 05/16/2024

2.4.16 Owner approves Guaranteed Maximum Price Proposal ..................................... 06/03/2024

2.4.17 Notice to Proceed for Construction Phase issued ............................................... 06/14/2024

2.4.18 Construction Documents complete ..................................................................... 07/01/2024

2.4.19 Owner accepts Substantial Completion of Construction .................................... 06/13/2025

2.4.20 Final Completion ................................................................................................ 07/11/2025

2.4.21 Occupancy .......................................................................................................... 08/04/2025

The schedule of events presented above represents a basic timeline for the Project. A final Project timeline will be developed with the Owner and Design/Build firm at a later time. The Owner can be expected to work with the Design/Build firm to validate and improve on this initial schedule.

2.5 OWNER’S SPECIAL CONDITIONS: The Owner requires full compliance with specification

Division 0: Contract Requirements and Division 1: General Requirements, which will be integrated into the specifications for the Project and become part of the Contract. These specification sections shall be a part of the Design/Build Agreement. The sections may be viewed on the Owner’s website at: https://www.tsus.edu/offices/finance/capital-projects.html

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 5.

Incomplete Qualifications will be considered non-responsive and subject to rejection. Qualifications shall constitute up to Fifty Percent (50%) of the total Respondent evaluation score. The Proposal, under phase two of the selection process will constitute up to Fifty Percent (50%) of the Respondents evaluation score.

3.1 CRITERION ONE: RESPONDENT’S ABILITY TO PROVIDE DESIGN/BUILD SERVICES:

(Criterion Weight: 5%)

3.1.1 Provide a brief history of Respondent’s firm.

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

RFQ No. 758-23-07018 https://www.tsus.edu/offices/finance/capital-projects.html

3.1.2 Provide the following information on your firm for the past five (5) fiscal years:

3.1.2.1 Volume:

3.1.2.1.1 Annual number, value, and percent change of contracts in Texas per year

3.1.2.1.2 Annual number, value, and percent change of contracts nationally per year

3.1.2.2 Revenues: Annual revenue totals and percent change per year

3.1.2.3 Bonding:

3.1.2.3.1 Total bonding capacity

3.1.2.3.2 Available bonding capacity and current backlog

3.1.3 Attach a letter of intent from a surety company indicating ability to bond Respondent for the entire construction cost of the Project. The surety shall acknowledge that the

Respondent may be bonded for each stage/phase of the Project (if applicable), with a potential maximum construction cost of Seventeen Million One Hundred Thousand

Dollars ($17,100,000). Bonding requirements are set forth in Article 17 of the Agreement, the Uniform General Conditions for Construction Contracts, and Special Conditions, if any.

3.1.4 State whether any firm of the Respondent’s team is currently for sale or involved in any transaction to expand or to become acquired by another business entity. If so, explain the impact both in organization and company direction.

3.1.5 Provide details of any past or pending litigation, or claims filed, against any firm of the

Respondent’s team that may affect its performance under an Agreement with the Owner.

3.1.6 State whether any firm of the Respondent’s team is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If so, specify date(s), details, circumstances, and prospects for resolution.

3.1.7 State whether Respondent has ever failed to complete any work which it was awarded.

3.2 CRITERION TWO: QUALIFICATIONS OF DESIGN/BUILD TEAM AND THE EXECUTION

OF SERVICES: (Criterion Weight: 20%)

3.2.1 Provide resumes of all Respondent’s team members, including architectural, engineering, technical consultants, construction contractors, and subcontractors, that will be dedicated to and directly involved in the Project, including their experience with similar projects, definition of that person’s specific role in the Pre-Construction and Construction phases for the Project, the number of years with their respective firms, and their cities of residence.

3.2.2 For each of the proposed Respondent’s team members identified in 3.2.1, describe their responsibilities in each of the representative projects presented in 3.3, and compare them with their anticipated responsibilities in this Project. List other projects on which the

Respondent’s team members have worked together.

3.2.3 Describe, in graphic and written form, the proposed Project organizational chart indicating assignments and lines of authority and communication for each team member to be directly involved in the Project. Indicate the estimated percent of time these team members will be involved in the Project for Pre-Construction, Construction, Close-Out, and Warranty services.

RFQ for Design-Build Services (posted 07/31/2023) Fine Arts Facilities Expansion and Museum of The Big Bend Renovation Sul Ross State University - Alpine, Texas

3.2.4 Describe Respondent’s management and execution plan for providing Pre-Construction

Phase Services required for this Project.

3.2.5 Describe what Respondent perceives as the critical issues for this Project, whether in the

Pre-Construction or Construction Phase.

3.2.6 Describe Respondent’s procedures, objectives, and personnel responsible for reviewing design and Construction Documents and for providing feedback regarding cost, schedule, and constructability to the Owner.

3.2.7 Describe Respondent’s Bid/Proposal Package Strategy for completion of the Construction

Documents and for procuring the work from subcontractors, vendors, suppliers, etc.

3.2.8 Describe Respondent’s constructability program for this Project and how it will be implemented.

3.2.9 Describe Respondent’s philosophy for maximizing Project scope for the Owner during Pre-

Construction services, minimizing risk, and identifying when savings can be returned to the Owner during construction.

3.2.10 For Pre-Construction and Construction services, provide examples of records, reports, monitoring systems, and information management systems Respondent will use on this

Project.

3.2.11 Declare if Respondent, or any other company within the same holding group of companies, desires to self-perform work on this Project, and describe the method for determining itself as the “best value” through a competitive proposal process.

3.2.12 Describe Respondent’s approach to coordinating inspections and approvals with the Texas

Department of Licensing and Regulation regarding Texas Accessibility Standards, the

State Fire Marshal and other authorities having jurisdiction over the Project.

3.3 CRITERION THREE: RESPONDENT’S PAST PERFORMANCE ON REPRESENTATIVE

DESIGN/BUILD PROJECTS: (Criterion Weight: 20%)

3.3.1 Identify and describe the Respondent’s team’s past experience for providing Design/Build services that are MOST RELATED TO THIS PROJECT within the last ten (10) years.

Provide not less than three (3) but not more than five (5) examples.