ESBD_File_336296_SOLIC_RFQ_405-23R0007034.pdf

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DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION

SOLICITATION NO.

405-23R0007034

TYPE OF SOLICITATION

NEGOTIATED – REQUEST FOR QUALIFICATIONS

(RFQ)

DATE ISSUED

09/12/2023 REQUEST FOR QUALIFICATIONS (RFQ) – ENGINEERING, ARCHITECTURAL, AND LAND SURVEYING SERVICES

Respondent must submit electronic responses no later than 5:00 P.M. Central Time on 10/13/2023 to the following address.

DPS_Solicit_Response@dps.texas.gov Attention: 405-23R0007034

DPS is not currently accepting any in-person solicitation responses. DPS will only accept electronic responses received by the date and time indicated in this document.

FOR INFORMATION CONTACT:

Natalia Linda Medina, CTCD, CTCM

Contract Administrator

PHONE: (956) 565-7512

EMAIL: Natalia.Medina@dps.texas.gov

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF RESPONDENT:

RESPONSE DATE

TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, and REMEDIES By signing this document, Vendor represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Failure to sign will disqualify response. DPS may pursue and enforce any available remedies against the Vendor for making false statements, including disqualifying the Vendor’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

TERM, PRICING, and FUNDING The initial contract term commences on the effective date stated in the signing document, or purchase order and expires five years from that effective date.

If necessary, at the end of the initial contract period, DPS may also extend the Contract as described in the terms and conditions section entitled “Option to Extend Services.”

DPS will not allow changes after Date of Award to terms or pricing during the Contract term. The continuation of this Contract for any period is subject to the availability of DPS’s funding source for the Contract.

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SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

B.1.2 Financial Rating Report, Financial Resources, and Ability to Perform b.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 SCOPE

C.2.1 DPS defines the Service Groups as:

C.3 SCOPE SUMMARY

C.3.1 Request for Services

C.3.2 Project Completion

C.4 PROJECT SCHEDULE AND PLAN

C.5 PROPOSED STATEMENT OF QUALIFICATIONS

C.6 CONTRACTOR QUALIFICATIONS

C.7 DPS PERSONNEL

C.7.1 DPS’s Contract Administrator

C.7.2 DPS’s Contract Monitor

C.8 PROGRESS PAYMENTS AND RETAINAGE

C.9 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.10 INSURANCE REQUIRED UNDER THE CONTRACT

C.11 CRIMINAL HISTORY BACKGROUND CHECK

C.12 GENERAL CONFIDENTIALITY REQUIREMENTS

C.13 PERSONAL INFORMATION

C.14 TERMS AND CONDITIONS SPECIFIC TO THIS SOLICITATION

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

D.1 RESPONSE PREPARATION INSTRUCTIONS

D.2 SOLICITATION ADDENDA

D.3 LATE SUBMISSIONS, CHANGES, AND WITHDRAWALS OF RESPONSES

D.4 RESPONSE ACCEPTANCE PERIOD

D.5 CONTRACT AWARD

D.6 DPS’s RIGHTS

D.7 RESPONSE SUBMISSION INSTRUCTIONS

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D.7.1 Volume One – Contract Forms and Required Response Information

D.7.2 Volume Two – Information Section

D.7.3 Volume Three – HUB Subcontracting Plan (HSP)

D.8 DISCUSSION AND CORRESPONDENCE

D.9 SUBMISSIONS SUBJECT TO THE Texas public information act

D.11 ANTICIPATED SCHEDULE OF EVENTS

SECTION E—EVALUATION CRITERIA

E.1 SELECTION AND PAST PERFORMANCE

E.2 BEST VALUE EVALUATION

SECTION F—LIST OF EXHIBITS

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SECTION A—DEFINITIONS

The following terms and acronyms used in this Contract have the meanings given in this section unless the context indicates otherwise.

“BAFO” means best and final offer.

“Business Days” means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

“Business Hours” means 8:00 a.m. to 5:00 p.m. Central Time.

“Contract” means this formal, written, and legally enforceable agreement between DPS and Contractor.

“Contractor” means the individual, business entity, or organization awarded this Contract. In the context of submitting a response, “Contractor” also means “Respondent” and “Vendor.”

“Date of Award” means the date this Contract is fully executed.

“Days” means calendar days unless otherwise specified.

“DPS” means the Department of Public Safety of the State of Texas, a state agency in the executive branch created under Tex. Gov’t Code Ch. 411.

“Fiscal Year” means any of the one year periods beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

“Parties” means Contractor and DPS.

“Respondent” means the individual, business entity, or organization that submits a response in response to this solicitation with intent to contract with DPS.

“Vendor” means the individual, business entity, or organization at any stage in the procurement or contracting process (prior to response, during response, and after contract award).

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. DPS seeks a Contractor to provide the services described in Section C, Statement of Work, on a no minimum, as needed, as requested basis. When requested, pricing is firm fixed price for the services requested and authorized by DPS as provided under this Contract.

Respondent must offer pricing on this basis. DPS will negotiate pricing prior to award of this Contract if the pricing offered appears that it may not be best value to DPS.

This Solicitation does not include a request for pricing and Respondents may not include any pricing or fee information in their responses to this Solicitation.

Under Texas Government Code, Section 2254.003, DPS may not select a provider of Professional Services or a group or association of providers or award a contract for Professional Services on the basis of competitive Responses submitted for the contracted Services, but will make the selection and award based on a two-step process:

1. On the basis of demonstrated competence and qualifications to perform the services;

and

2. For a fair and reasonable price. DPS will negotiate fees with the successful respondent.

The professional fees under this Contract may not exceed any maximum provided by law.

DPS will negotiate fees with the Respondent recommended for award.

B.1.2 Financial Rating Report, Financial Resources, and Ability to Perform

A. Bidder must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Bidder is submitting a response. This includes information Bidder believes is pertinent to demonstrate its financial capability, financial solvency, and capacity to fulfill the requirements of this solicitation.

B. Evidence of financial stability include providing audited financial statements for each of the last two years of Bidder’s operations or, in the alternative, financial statements compiled, reviewed and attested by an independent certified public accountant or certified public accounting firm. Bidder may submit a copy of its Dun & Bradstreet (D&B) Business Information Report. If a D&B is submitted the report must include Bidder’s Viability Score and the Portfolio Comparison Score or similar ratings.

C. In lieu of providing financial statements in its Proposal, a Bidder may provide a statement regarding its financial stability and viability to perform under any resulting contract. If Bidder elects this approach rather than audited financial statements, the Bidder must submit a statement, with appropriate supporting documentation, Page 6 of 34 Approved 9/10/2019 sufficiently detailed to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this solicitation.

D. Bidder must provide information and any other financial information reasonably requested by DPS consistent with the services provided by Bidder or otherwise required by the then applicable DPS policies for similar contracts.

E. Selected Contractor must also submit to the Contract Administrator its financial rating information within 120 days after the end of Contractor’s fiscal year.

F. DPS reserves the right to investigate and determine the financial integrity and responsibility of a Bidder and to reject a response on the grounds of Bidder’s lack of financial soundness, or if DPS reasonably concludes, after reviewing the information submitted by Bidder as well as all other relevant information obtained by DPS, that significant issues exist that could jeopardize Bidder’s full and timely performance. DPS also reserves this same right throughout the life of the Contract, including before executing any optional renewal with Contractor.

B.2 INVOICE REQUIREMENTS

A. Invoices are Contractor’s billing for services rendered. DPS will pay Contractor based on itemized invoices submitted to and approved by DPS. The invoices must be itemized and clearly identify the actual commodities and services provided.

B. Contractor’s invoice must include the following: the Contract number, the remittance address, and any prompt discount offered. Contractor must email the invoice to the Contract Monitor listed in the Contract and to apinvoices@dps.texas.gov.

The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not email the invoice to the appropriate email addresses identified in this section.

B.3 PAYMENTS

A. DPS recommends that Vendor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Vendor elects to be set up for direct deposit payment, Vendor must submit a completed Direct Deposit Authorization Form (74-176).

B. Regardless as to whether Direct Deposit is chosen, Vendor must submit a completed Application for Texas Identification Number (AP-152) and Request for Taxpayer Identification Number and Certifications (W-9) Form with its response.

C. If Vendor has previously submitted a completed Direct Deposit Authorization Form and Request for Taxpayer Identification Number and Certifications Form to DPS for another separate contract, Vendor is not required to submit another form.

mailto:apinvoices@dps.texas.gov

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

DPS is requesting Responses for the purpose of selecting the most experienced and qualified Engineering, Architectural, and Land Surveying firms, as well as Construction Materials Testing and Balancing/Commissioning agents to provide professional services as needed for DPS projects. DPS has requirements for professional services to support various deferred maintenance and renovation projects required to design, construct, maintain, improve, or expand its facilities and utility infrastructure.

C.2 SCOPE

DPS will select and award the most qualified firm able to perform in Service Groups 1, 2 and 3, defined in C.2.1 below for each of the Regions listed below. (See DPS Regional Boundaries Exhibit for map of Regions).

Region 1 = North Texas Region Region 2 = Southeast Texas Region Region 3 = South Texas Region Region 4 = West Texas Region Region 5 = Northwest Texas Region Region 6 = Central Texas Region and Austin Headquarters Campus

Each location/region may require the following at a minimum:

A. Replacement / Upgrade of Multi-Zone Roof Top Units, HVAC Systems, Chillers and Boilers and DDC Controls.

B. Replacement / Upgrade of Site Lighting C. Replacement / Upgrade of Electrical System D. Replacement / Upgrade of Plumbing, Sanitary Sewer and Water Supply E. Foundation Study F. Replacement / Upgrade of Communication, Life Safety and Security

Systems G. Site Development, Site Drainage, Parking Lot Replacement and

Landscaping H. Fire Alarm and Fire Sprinklers I. Interior and Exterior Renovations Projects J. Land Surveying K. Environmental testing, specification preparation and monitoring.

Environmental Site Survey L. Construction Material Testing M. Roof replacement design N. Building Envelope O. Energy Efficient Measures

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In their Response, Respondents must submit their Qualifications and identify the region in which they would like to be considered. The region(s) and service group(s) must be stated on the cover of Volume Two.

DPS will select the most qualified Respondent for each region listed in this RFQ. DPS reserves the right to select a Respondent for multiple regions or statewide. DPS will issue a Purchase Order (PO) for each project prior to the start of work.

C.2.1 DPS defines the Service Groups as:

Service Group 1 – Engineering, Architectural, and Surveying Services 1A - MEP Engineering 1B - Civil Engineering Services 1C - Environmental Engineering Services 1D - Structural Engineering Services 1E - Architectural Services 1F - Land Surveying Services

Service Group 2 – HVAC Testing, Adjusting, Balancing and Commissioning Service Group 3 – Construction Materials Testing Services Service Group 4 – Facilities Condition Assessment Services

GROUP 1:

Group 1A – MEP Engineering Include:

o Requirements and utilization studies o Feasibility studies, evaluations and all applicable federal/state/local code compliance reviews for deferred maintenance, renovation, and alteration projects o Studies and audits to determine compliance with various federal, state, and local regulations o Design services for deferred maintenance, alteration, and renovation projects to include project evaluations, planning, programming, preparation of reports, preliminary documents, working drawings and specifications o Vendor must provide DPS with construction cost estimates at each phase of the project: schematic design, design development and construction documents at each submission.

o Audio/Visual design as indicated, including:

Audio / Visual system design Paging system design Teleconferencing and Video-conferencing system design Presentation system design Additional MEP services (such as but not limited to Fire Alarm and Fire Sprinklers) as directed.

Group 1B – Civil Engineering Services Include:

o Boundary and topographic surveys o Flood elevation certificates

Page 10 of 34 Approved 9/10/2019 o Preparation of site plan, special exception, rezoning, and construction plans and profile documents o Site studies and requirements determination o Feasibility studies o Studies and audits to determine compliance with various federal, state, and local regulations o Evaluations of existing sites for Americans with Disabilities Act (ADA) / Texas

Accessibility Standards (TAS) and measures to accommodate o Evaluation of site drainage, design of storm water management structures, and preparation of preliminary documents, working drawings, specifications, and construction cost estimates o Utilization studies, on-site surveys, and evaluation of existing sanitary sewage treatment facilities o Layout and design of storm sewer, sanitary sewer, and water lines o Layout of buildings and design of parking lots o Landscape design o Additional Civil Engineering services as directed

Group 1C – Environmental Engineering Services Include:

o Studies and audits to determine compliance with various federal, state, and local regulations o Feasibility studies o Asbestos, lead paint, and contaminated soil surveys o Laboratory or field testing required to determine type and extent of environmental hazard o Preparation of documents required by Texas Commission on Environmental

Quality (TCEQ) for various permitting and remediation activities o Design and preparation of preliminary documents, working drawings, specifications, and cost estimates for abatement o On-site testing and monitoring during abatement operations o Additional Environmental Engineering services as directed

Group 1D – Structural Engineering Services Include:

o Preparation of structural building designs in compliance with the provisions of the current edition of the International Building Code (IBC) o Review of structural building designs to determine compliance with the provisions of the current edition of the IBC o Assessing existing conditions with renovations

Group 1E – Architectural Services Include:

o Assist DPS with design process including strategic planning, visioning, scenario planning, master planning, project definition, program management, project management, project feasibility analysis including financial considerations, building operations costs, etc.

Page 11 of 34 Approved 9/10/2019 o Design and construction services in compliance with building codes, fire regulations, zoning regulations, city ordinances, and TAS/ADA as well as the latest energy-efficient products.

o Production of construction drawings and specifications in compliance with provisions of the current edition of the IBC, local Historic Building Preservation and Protection code, and other applicable codes and regulations.

o Construction cost estimates will be required at each phase of the project:

schematic design, design development and construction documents at each submission.

o Building Envelope Consultants including Roofing Consultant, Façade Consultant, Parking & Paving Consultant, and Building Enclosure Commissioning.

Group 1F – Land Surveying Services Include:

o Search legal records, survey records, and land titles to obtain information about property boundaries in areas to be surveyed o Plan and conduct ground surveys designed to establish baselines, elevations, and other geodetic measurements o Calculate heights, depths, relative positions, property lines, and other characteristics of terrain o Prepare and maintain sketches, maps, reports, and legal descriptions of surveys to describe, certify, and assume liability for work performed o Direct or conduct surveys to establish legal boundaries for properties, based on legal deeds and titles o Prepare or supervise preparation of all data, charts, plots, maps, records, and documents related to surveys o Write descriptions of property boundary surveys for use in deeds, leases, or other legal documents o Compute geodetic measurements and interpret survey data to determine positions, shapes, and elevations of geomorphic and topographic features o Determine longitudes and latitudes of important features and boundaries in survey areas using theodolites, transits, levels, and satellite-based global positioning systems (GPS) o Record the results of surveys including the shape, contour, location, elevation, and dimensions of land or land features o Coordinate findings of the work of the project engineer and clients, and others concerned with projects

GROUP 2:

Group 2 – HVAC Testing, Adjusting, Balancing (TAB) and Commissioning Engineering Include:

o The complete test, adjust and balance (TAB) of the mechanical heating, cooling and exhaust system to verify the HVAC systems are functional as designed. All work will meet or exceed procedures detailed in the in the Associated Air Balance Council (AABC) or National Environment Balancing Bureau (NEBB), Uniform Mechanical, International Mechanical Code, Uniform Plumbing Code, International

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Plumbing Code, National Electrical Code and communication codes and ordnances cited by Texas Department of Licensing and Regulation o Required Qualification:

Vendor must use technicians fully certified by the AABC or NEBB.

o For Retro Commissioning services, Vendor must perform the following services:

review existing systems and related documentation, develop retro commissioning plan, perform calibration and maintenance checks, implement diagnostic monitoring and trending, perform functional tests, analyze the monitoring/ trending and test data, asses and document the current operating strategies and sequences of operation for mechanical systems and equipment included, document O&M improvement opportunities, calculate energy impacts and develop implementation cost estimate for O&M opportunities, develop and deliver the final retro-commissioning report.

o For Commissioning services, Vendor must perform the following: Commissioning plan, review of the contractor’s schedule for commissioning, meetings, site visits, submittal review for systems that will be commissioned, review contractor’s pre-functional checklist, review control sequences and coordinate with all parties for the functional performance test, witness equipment startups, create the functional performance test procedures, coordinate resolution of deficiencies during commissioning and during warranty period (alternate season return visit). Scope will vary dependent upon the project size.

GROUP 3:

Group 3 – Construction Materials Testing (CMT) Services Include:

o Materials testing and engineering ensures that the construction documents are met which include but are not limited to testing the following materials:

Soils (Geotechnical Services) Concrete Masonry Structural Steel Roofing o Personnel must be certified technicians by a nationally accredited agency o Testing Facilities must be accredited by a nationally accredited agency

GROUP 4:

Group 4 – Facilities Condition Assessment (FCA) Services Include:

o One Professional Architectural/ Engineering Firm to complete the FCA for all DPS facilities statewide. Services can include but are not limited to the following:

Forecasting capital renewal costs Assisting DPS with developing a strategic plan forecasting facilities maintenance, renewal, repairs and refreshes Evaluations, investigations, analysis, recommendations, cost and time estimates, testing, reports, studies, designs, preparation of documents (including drawings in latest AutoDesk Revit version and specifications) field inspections, and investigation.

Professional involvement throughout all phases of the project, http://www.tdlr.state.tx.us/ http://www.tdlr.state.tx.us/

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periodic progress reports/meetings.

• Respondent must provide or recommend, a COTS Capital Program Management Software (CPMS) & provide maintenance and support for the program.

o Deliverables may include but are not limited to the following:

Pilot Phase Report Regional Reports Final Report Revit Modeling of buildings o Architectural, Engineering, and other professionals associated with project work must be licensed to work in Texas, with work subject to the requirements as set forth in Texas Occupations Code, Chapters 1001 and 1051.

C.3 SCOPE SUMMARY

Vendor must perform all services in compliance with industry standards and all federal, state, and local laws, ordinances, and regulations. Architects, Engineers, surveyors, and other professionals associated with project work covered under this Solicitation must be licensed to work in Texas, with work subject to the requirements as set forth in Texas Occupations Code, Chapters 1001, 1051, and 1071.

The services to be provided may include but are not limited to the following:

A. Evaluations, investigations, analysis, recommendations, cost and time estimates, testing, reports, studies, designs, preparation of documents (including drawings in latest AutoCAD/Revit version and CSI format specifications) field inspections and investigation.

B. Professional involvement throughout all phases of the project, including development of programs; preparation of reports; periodic progress reports/meetings; processing of invoices for service; timely processing of project correspondence, requests for payment, and material and equipment submittals.

C. Emergency Response: In the event of a catastrophic event or other condition where DPS has declared an emergency and there exists a need to use professional engineering services to assist in resolving the emergency, the Respondent will respond with the necessary personnel on site within four hours of notification.

C.3.1 Request for Services

DPS will award by region to the most qualified firm for each service group as defined in this Solicitation. DPS will issue a written proposal request to the Contractor to begin development of a proposal for each project at the requested location within the awarded region. This written request may include a description of the project, services required, and proposed schedule. DPS will schedule a meeting with the Contractor and the proper DPS representatives to discuss the scope of work required. Within 14 calendar days of the meeting, the Contractor will send a final proposal for the scope of work required to the designated DPS

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Personnel. The value of the work included in the Contractor’s proposal will be determined by application of the unit rates contained in the contract to the quantities of items involved. The value of required additional items or work that does not have a unit price will be determined by a mutually agreed lump sum, properly itemized and supported by sufficient data to permit review and authorization, including documentation by subcontractors performing the work.

After approval, DPS will issue a Release Purchase Order for each project and corresponding proposal.

If DPS issues a change to a project scope, the Contractor will submit a change proposal with the same requirements as above. This will change the overall amount of the Release Purchase Order.

C.3.2 Project Completion

Contractor will provide all project correspondence, design/review documents, reports, etc. prepared by the Contractor to DPS’s Contract Monitor for each project within the Statement of Work within the approved Release Purchase Order.

Each Release Purchase Order will include a contract time during which Contractor must complete the associated project. Within 30 business days of project completion, the Contractor will prepare and submit a Project Completion Report with project closeout documents and submit to DPS’s Project Manager. Reports will include all applicable components as follows: Completed and verified Punch List, all Operations and Maintenance manuals, Commission Reports, Test and Balance Reports, Construction Material Testing Reports, Record Construction Documents (As-built construction drawings and project manual) in hard copy and USB flash drive, and A/E certification of no asbestos used in work.

C.4 PROJECT SCHEDULE AND PLAN

DPS will define Schedule and Plans in individual Release Purchase Orders as referenced in Section C.3.1 above.

C.5 PROPOSED STATEMENT OF QUALIFICATIONS

The Respondent must submit a detailed Statement of Qualifications (SOQ) with its Response describing its qualifications to support the service groups identified in this RFQ.

Through this SOQ, the Respondent must demonstrate extensive experience in and understanding of the nature of the work required. The Respondent must demonstrate appropriate credentials and experience regarding the service groups under this RFQ. The SOQ must include the following:

A. Cover Sheet

Include the complete legal name of the proposing person or Firm and the Location(s)

Page 15 of 34 Approved 9/10/2019 and service group numbers and titles for which the Respondent wants to be considered, the location of the office which will have responsibility for the services to be provided, and the name, address, telephone, facsimile number, and e-mail address of the primary authorized representative knowledgeable of the Response.

B. Overall Qualifications and Experience State the overall qualifications and experience in the areas of providing professional services for the specific service groups as listed in the Purpose and Scope Sections C.2.1 and C.3 of this RFQ. State licensure levels, professional certifications, and practical experience relevant to the scope of work. If certain services are provided through subcontractors, this must be documented by providing the names, qualifications and experience of the subcontractor.

C.6 CONTRACTOR QUALIFICATIONS

DPS has established the following minimum qualifications for this Solicitation:

1. The Respondent must possess a minimum of five years’ experience in the service groups proposed.

2. The Respondent must identify six similar past projects to this Solicitation as described in the section C.2.1. Identified projects will include:

a. project begin and end dates

b. contact name, email (if available), and telephone number

c. brief description of deliverables

d. overall contract cost with 3 projects ranging from $0-1 Million and three projects ranging from $1-5 Million

e. scope of work performed

3. Each service group must have licensure / certifications required to provide services in the State of Texas and provide documentation of each with their submittal.

4. The Respondent must possess the ability to commence operations without financial assistance from DPS. The Respondent must demonstrate overall readiness to promptly begin services after an award.

5. The Respondent must provide a work plan that identifies what qualified staffing will be available to provide services under this Contract and when they will be available, including having all the necessary licenses, certifications and experience as required by this solicitation, Texas Government Code Chapter 2269, and Texas Occupations Code, Chapters 1001, 1051, and 1071.

The Respondent must disclose any current or former employees who are current or former employees of DPS. The Respondent must also disclose any proposed personnel who are related to any current or former employees of DPS.

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Respondents may offer any other information relevant and unique to their staffing, experience, or approach.

C.7 DPS PERSONNEL

C.7.1 DPS’s Contract Administrator

A. The Contract Administrator for administration of this Contract is Natalia Linda Medina, CTCD, CTCM.

B. The telephone number for the Contract Administrator is 956-565-7512.

C. The email address is Natalia.Medina@dps.texas.gov.

The DPS Contract Administrator is responsible for the general administration of this Contract, negotiation of any changes, and issuance of written amendments to this Contract.

C.7.2 DPS’s Contract Monitor

A. The Contract Monitor for this Contract is Jessica Warren.

B. The telephone number for the Contract Monitor is 512-424-2584.

C. The email address is Jessica.Warren@dps.texas.gov.

The Contract Monitor is not authorized to make any representations or commitments of any kind on behalf of DPS or the State of Texas.

The Contract Monitor does not have the authority to alter Contractor’s obligations or to amend this Contract in any way.

If DPS and Contractor agree to amend this Contract, DPS will issue a written amendment signed by the Director or his Deputy Directors.

C.8 PROGRESS PAYMENTS AND RETAINAGE

Contractor will receive periodic progress payments for work performed under the Scope of Work. Progress payments are made provisionally and do not constitute acceptance of work not in accordance with the Contract Documents. Contractor must utilize the A/E Payment Voucher in Exhibit F.9 to request payment. No progress payments will be made prior to receipt and acceptance of the Payment Voucher. DPS reserves the right to withhold five percent retainage from monthly progress payments for work accepted by DPS.

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C.9 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

A. An Historically Underutilized Business (HUB) is a business that is certified by the State of Texas that (1) is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American, an American woman, or a Service Related Disabled Veteran; (2) is a for-profit entity that has not exceeded the size standards established by 34 Tex. Admin. Code § 20.294, and has its principal place of business in Texas; and (3) has an owner residing in Texas who has a proportionate interest in the business and who actively participates in the control, operations and management of the entity’s affairs. See also 34 Tex. Admin. Code § 20.282.

B. Contractor must make a good faith effort to comply with all state HUB requirements under Tex. Gov’t Code Chapter 2161 and the administrative rules, as applicable.

Contractor must also comply with its approved HUB Subcontracting Plan (HSP).

C. Vendor must submit an HSP as part of its response and must comply with implementation of the HSP. Contractor must seek written approval from DPS prior to making any modifications to its HSP. Respondent must submit a complete HSP and required forms with the response. Respondent’s response will be disqualified if the agency forms are not completed in full or are missing from Respondent’s original response.

D. Vendor must provide notice to all subcontractors on their approved HSP of their selection as a subcontractor for the Contract. The notice will specify, at a minimum, DPS’s name, the HUB Office, the Contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of the Contract’s total value that the subcontract represents. A copy of the notice will be provided to the HUB Office and the Contract Administrator no later than ten business days after the effective date of the Contract.

E. Contractor must submit to the Contract Administrator on a monthly basis (by the fifth day of the following month) the Prime Vendor Progress Assessment Report.

C.10 INSURANCE REQUIRED UNDER THE CONTRACT

Unless otherwise specified in this Contract, DPS’s Standard Terms and Conditions or any other exhibit or attachment, Contractor will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure this Contract’s proper performance and cover any potential liabilities with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry or as determined by DPS. Contractor will provide evidence of insurance upon request by DPS.

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If any policy is determined by DPS to be deficient and does not comply with the terms of this Contract, Contractor will secure such additional coverage as required by DPS, law, regulation, or customary practice. If coverage expires during the term of this Contract, Contractor must produce renewal certificates for each type of coverage.

C.11 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel must submit to a fingerprint-based Criminal History Background Investigation, at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete DPS Contractor Background Information form (HR-22), which DPS will provide.

B. If required under the Contract, Contractor will not allow personnel who have not submitted to and successfully completed DPS fingerprint-based Criminal History Background Investigation and who do not otherwise maintain a DPS security clearance to work on the Contract. DPS has the right to prevent Contractor’s personnel from gaining access to DPS building(s) and computer systems if DPS determines that such personnel do not pass the background check or fail to otherwise maintain DPS security clearance.

C. When required, Contractor’s Project Manager will provide the following to DPS Contract Monitor no later than ten days of executing the Contract:

1. the completed Contractor Background Information form (HR-22) for all proposed personnel; and

2. acceptable fingerprints for all proposed personnel.

D. Throughout the term of the Contract, DPS may require Contractor personnel to submit to an annual DPS fingerprint-based Criminal History Background Investigation to DPS.

E. Throughout the term of the Contract, Contractor will promptly notify DPS of any activity or action by Contractor’s personnel that may affect that individual’s ability to continue to work under the Contract.

C.12 GENERAL CONFIDENTIALITY REQUIREMENTS

A. All information provided by DPS or subrecipients to Contractor, created by Contractor, or overheard, seen, or otherwise obtained by Contractor in performing the obligations under this Contract is confidential and will not be used by Contractor or disclosed to any person or entity, unless such use or disclosure is required for Contractor to perform work under this Contract. The requirements in this section also apply to subcontractors.

The obligations of this section do not apply to information that Contractor can demonstrate:

1. Is publicly available;

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2. Contractor received from a third party without restriction on disclosure and without breach of contract or other wrongful act;

3. Contractor independently developed without regard to DPS confidential information; or

4. Is required to be disclosed by law or final order of a court of competent jurisdiction or regulatory authority, provided that Contractor will furnish prompt written notice of such required disclosure and will reasonably cooperate with DPS at DPS’ cost and expense, in any effort made by DPS to seek a protection order or other appropriate protection of its confidential information.

B. Contractor must notify DPS in writing of any unauthorized release of confidential information within two business days of when Contractor knows or should have known of such unauthorized release.

C. Contractor must notify subrecipients in writing of any unauthorized release of confidential information within two business days of when Contractor knows or should have known of any unauthorized release of confidential information obtained from subrecipient(s).

D. Contractor must maintain all confidential information, regardless whether obtained from DPS or from subrecipient(s) in confidence during the term of this Contract and after the expiration or earlier termination of this Contract.

E. If Contractor has any questions or doubts as to whether particular material or information is confidential information, Contractor must obtain the prior written approval of DPS prior to using, disclosing, or releasing such information.

F. Contractor acknowledges that DPS’s and subrecipient(s)’ confidential information is unique and valuable, and that DPS and subrecipient(s) may have no adequate remedy at law if Contractor does not comply with its confidentiality obligations under this Contract. Therefore, DPS will have the right, in addition to any other rights it may have, to seek in any Travis County court of competent jurisdiction temporary, preliminary, and permanent injunctive relief to restrain any breach, threatened breach, or otherwise to specifically enforce any confidentiality obligations of Contractor if Contractor fails to perform any of its confidentiality obligations under this Contract.

G. Contractor must immediately return to DPS all confidential information when this

Contract terminates, at such earlier time as when the confidential information is no longer required for the performance of this Contract or when DPS requests that such confidential information be returned.

H. Information, documentation and other material in connection with this Contract, including Contractor’s response, may be subject to public disclosure under the Tex.

Gov’t Code Chapter 552.

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I. The FBI and DPS have computer security requirements. Contractor’s and subcontractor’s employees working on this assignment must sign and submit appropriate agreements and abide by these security requirements, within five days of DPS’s request.

C.13 PERSONAL INFORMATION

To the extent this subsection does not conflict with the section entitled “General Confidentiality Requirements,” Contractor must comply with both sections. To the extent this subsection conflicts with the section entitled “General Confidentiality Requirements,” this section entitled “Personal Information” controls.

A. “Personal identifying information” and “Sensitive personal information” are defined by

Tex. Bus. & Com. Code Ch. 521. Both are classified as personal information for purposes of this section.

B. Personal information does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government.

C. “Breach of system security” is defined as follows: Unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information Contractor maintains under the Contract, including data that is encrypted if Contractor’s employee or agent accessing the data has the key required to decrypt the data. Good faith acquisition of personal information by an employee or agent of Contractor for the purposes of performing under the Contract is not a breach of system security unless the employee or agent of Contractor uses or discloses the personal information in an unauthorized manner.

D. Contractor must implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect from unlawful use or disclosure any personal information collected or maintained by Contractor under the Contract.

E. Contractor must notify DPS and affected parties of any breach of system security immediately after discovering the breach or receiving notification of the breach, if personal information was, or is reasonably believed to have been, acquired by an unauthorized person. However, Contractor must delay providing notice to the affected parties at DPS’s request, if DPS determines that the notification will impede a criminal investigation. Notification to the affected people may be made as soon as DPS determines that it will not compromise any criminal investigation.

F. Contractor must give notice as follows, at Contractor’s expense:

1. Written notice;

2. Electronic notice, if the notice is provided in accordance with 15 U.S.C. Section 7001;

3. Notice as follows:

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a. If Contractor demonstrates that the cost of providing notice would exceed

$250,000, the number of affected people exceeds 500,000, or Contractor does not have sufficient contact information for the affected people, Contractor may give notice as follows:

i. Email, if Contractor has an email address for the affected people;

ii. Conspicuous posting of the notice on Contractor’s website;

iii. Notice published in or broadcast on major statewide media; or

b. If Contractor maintains its own notification procedures (as part of an information security policy for the treatment of personal information) that comply with the timing requirements for notice under this subsection entitled “Personal Information,” Contractor may provide notice in accordance with that policy.

G. If this subsection requires Contractor to notify at one time more than 10,000 people of a breach of system security, Contractor must also notify, without unreasonable delay, each consumer reporting agency (as defined by 15 U.S.C. Section 1681a) that maintains files on consumers on a nationwide basis, of the timing, distribution, and content of the notices.

H. In the event of a breach of system security, if personal information was, or is reasonably believed to have been, acquired by an unauthorized person, DPS, an agency of the State of Texas, may assess and enforce, as applicable and without limitation, cyber insurance coverage requirements, indemnification, duty to defend, liquidated damages, actual damages, sanctions, rights, claims, remedies and other amounts against Contractor in accordance with the contract that includes these Cyber Security Contract Requirements, and in accordance with other applicable law. Contractor understands that there may be constitutional and statutory limitations on DPS to enter into certain terms and conditions of the contract that includes these Cyber Security Contract Requirements and that any such terms and conditions will not be binding on DPS except to the extent authorized by the laws and constitution of the State of Texas.

I. Liquidated Damages may be assessed under this section in the amount of the per capita data breach cost for public sector (government) records as listed in the current Ponemon Institute Research Report Cost of Data Breach Study: United States. The number of affected records will be determined at the time of breach, with a not to exceed Liquidated Damages Cap of 100% of the total contract value.

The Ponemon Institute Research Report Cost of Data Breach Study: United States may be found at: http://www-03.ibm.com/security/data-breach/.

J. Contractor will not be responsible and liquidated damages may not be assessed due to a breach of system security caused entirely by someone other than Contractor, http://www-03.ibm.com/security/data-breach/

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Contractor’s subcontractor, or Contractor’s agent. (This provision is not to be interpreted that Contractor is absolved of liability with any other sections pertaining to cyber security or data protection).

K. Any liquidated damages assessed under the Contract may, at DPS’s option, be deducted from any payments due Contractor. DPS has the right to offset any liquidated damages payable to DPS, as specified above, against any payments due to Contractor. If insufficient payments are available to offset such liquidated damages, then Contractor will pay to DPS any remaining liquidated damages within 15 days following receipt of written notice of the amount due.

C.14 TERMS AND CONDITIONS SPECIFIC TO THIS SOLICITATION

C.14.1 Uniform General Conditions

This Contract incorporates by reference the Texas Facilities Commission’s Uniform General Conditions (UGC) in its current version and as may be subsequently amended. The UGC may be viewed at http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/

C.14.2 Dispute Resolution

For this solicitation only, Subsection 2.2.2 (Dispute Resolution) of the Standard Terms and Conditions is modified to address statutory requirements for Contracts for engineering, architectural, or construction services. Any provisions in subsection

2.2.2 of the Standard Terms and Conditions not enhanced by the provisions below remain in effect.

A. The parties agree that claims encompassed by Tex. Gov’t Code § 2260.002(3) and Tex. Civ. Prac. & Rem. Code § 114.002 are governed by the dispute resolution process outlined in the Standard Terms and Conditions, as modified.

B. Compliance with the dispute resolution process provided for in Tex. Gov’t Code, Chapter 2260, subchapter B is a condition precedent to the Contractor:

(1) filing suit under Chapter 114 of the Tex. Civ. Prac. & Rem. Code; or

(2) initiating a contested case hearing under Tex. Gov’t Code Chapter 2260, Subchapter C.

C.14.3 Indemnification (Engineering or Architectural Services)

For this solicitation only, the Standard Terms and Conditions is amended to add the following Indemnification provision to apply to this Contract.

http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/

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CONTRACTOR MUST INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND

DPS, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES,

CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,

ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED DAMAGES, COSTS,

ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR

RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL

MISCONDUCT, PERSONAL INJURY AND/OR DAMAGE TO PROPERTY, OR

OTHERWISE RELATED TO CONTRACTOR’S PERFORMANCE, AND/OR FAILURES TO

PAY A SUBCONTRACTOR OR SUPPLIER BY THE CONTRACTOR OR ITS AGENTS,

EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER

CONTRACT TO CONTRACTOR, OR ANY OTHER ENTITY OVER WHICH THE

CONTRACTOR EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE

EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE MUST BE

COORDINATED BY CONTRACTOR WITH THE OFFICE OF THE TEXAS ATTORNEY

GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY

LAWSUIT AND CONTRACTOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT

FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS

ATTORNEY GENERAL. CONTRACTOR AND DPS AGREE TO FURNISH TIMELY

WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

C.14.4 Standard of Care for Architectural and Engineering Contractors

For this solicitation only, the Standard Terms and Conditions is amended to add the following Standard of Care provision to apply to this Contract.

Under Tex. Gov’t Code § 2254.0031, which incorporates by reference Tex. Local Gov’t Code § 271.904(d), Contractor must perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.

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SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

D.1 RESPONSE PREPARATION INSTRUCTIONS

A. These instructions are designed to help ensure the Respondent submits all relevant information in its response

B. Responses must be prepared in accordance with these instructions providing all required information in the format specified.

C. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for disqualification of the response from further consideration unless stated otherwise within this solicitation.

D. Responses must use a sans serif 12-point font (such as Arial or Calibri) on an 8-1/2” x 11” format (except for graphic information being requested). Respondent’s response must be paginated, contain a full table of contents, and have component sections clearly identified.

E. DPS must receive responses no later than the deadline established in this solicitation and submitted to the submission email listed on page 1.

F. Respondent must ensure that its…