Professional_Services,_Testing,_Balancing,_and_Commissioning_Services_for_Various_Projects.pdf

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Collin County, TX

REQUEST FOR QUALIFICATION

2026-263

PROFESSIONAL SERVICES, TESTING, BALANCING, AND COMMISSIONING

SERVICES FOR VARIOUS PROJECTS

RELEASE DATE: September 29, 2026

RESPONSE DEADLINE: October 29, 2026, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

Request For Qualification #2026-263 Title: Professional Services, Testing, Balancing, and Commissioning Services for Various Projects

Table Of Contents

1. INTRODUCTION

2. GENERAL INFORMATION & REQUIREMENT

3. SCOPE OF SERVICES

4. INSURANCE REQUIREMENTS

5. EVALUATION OF PROFESSIONAL QUALIFICATIONS

6. GENERAL INSTRUCTIONS

7. TERMS OF CONTRACT

8. QUALIFICATIONS SUBMITTAL AND VENDOR RESPONSE

Attachments:

A - LEGAL_NOTICE

B - CIQ

C - W9

D - Sample Agreement - Engineering Services

1. INTRODUCTION

1.1. SUMMARY

Collin County is soliciting information from qualified firms for Testing, Adjusting and Balancing (TAB) &

Commissioning (Cx) that may be required an as-needed basis.

The firm will be selected based upon qualifications and firm’s ability to respond to services. Selected firm shall perform such services as set forth and described. Selected firm must have ability to respond to County’s need for TAB and Cx requirements without delay for purpose of maintaining integrity of project schedules. The

County will evaluate firms that specialize in both processes but will also consider awarding two contracts if the most qualified for either process is demonstrated by different firms.

Any contract resulting from this solicitation will be in the form of the Owner’s Standard Professional Services

Agreement.

SCOPE OF WORK INCLUDES all materials, labor, equipment and services to produce or be incorporated in such construction. The Contract will be a general contract to ensure HVAC systems are operating correctly and new or existing buildings are commissioned.

1.2. BACKGROUND

Collin County, Texas, Testing, Adjusting, and Balancing (TAB) and Building Commissioning (Cx) are mandatory quality-control processes managed through the Collin County Construction and Projects department and governed by strict county construction standards and state energy codes. These procedures ensure that public works, commercial sites, and county-owned facilities operate efficiently and meet design intent.

1.3. TIMELINE

Release Project Date: September 29, 2026

Question Submission Deadline: October 15, 2026, 2:00pm

Response Submission Deadline: October 29, 2026, 2:00pm

2. GENERAL INFORMATION & REQUIREMENT

2.1. 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 a contract is awarded. The Owner strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of RFQ information.

2.2. TYPE OF CONTRACT

Any contract resulting from this solicitation will be in the form of the Professional Services Agreement.

2.3. Term

Provide for a one (1) year term contract with four (4) annual renewals, commencing on upon award and final execution by all parties.

2.4. Transitional Period

Upon normal completion of this contract, not to include termination for default, and in the event that no new contract has been awarded by the original expiration date of the existing contract including any extension thereof, it shall be incumbent upon the Contractor to continue the contract under the same terms and conditions until a new contract can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the original expiration date of the existing contract and any extension thereof.

2.5. EVALUATION OF QUALIFICATIONS

The evaluation of the Qualifications shall be based on the requirements described in this RFQ and in compliance with Texas Government Code 2254. All properly submitted Qualifications will be reviewed, evaluated, and ranked by the Owner. Qualifications shall not include any information regarding respondent’s fees, pricing, or other compensation.

2.6. OWNER’S RESERVATION OF RIGHTS

The Owner may evaluate the Qualifications based on the anticipated completion of all or any portion of the

Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all

Qualifications and re-solicit for new Qualifications, or to reject any and all proposals 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.

2.7. NON-EXCLUSIVE AWARD

Any resulting contract awarded as a result of this RFQ will be non-exclusive. The County may, at its discretion, award contracts for specific projects or services to other vendors through separate competitive processes. The selected Offeror under this RFQ will not have an exclusive right to provide all services or projects related to the scope of this RFQ.

2.8. ACCEPTANCE OF EVALUATION METHODOLOGY

By submitting its Qualifications in response to this RFQ, the respondent accepts the evaluation process and acknowledges and accepts that the determination of the “most qualified” firm(s) will require subjective judgments by the Owner.

2.9. NO REIMBURSEMENT FOR COSTS

Respondent acknowledges and accepts that any costs incurred from the respondent’s participation in this RFQ shall be at the sole risk and responsibility of the respondent.

2.10. PREPARATION OF QUALIFICATIONS STATEMENT

Qualifications shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the respondent's ability to meet the requirements of this RFQ. Emphasis shall be on the

QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of

Owner's needs.

2.11. CONDITIONAL CLAUSES

Qualifications that are qualified with conditional clauses, alterations, items not called for in the RFQ documents, or irregularities of any kind are subject to rejection by the Owner, at its option.

2.12. COMPLETION OF RESPONSE

Respondents shall carefully read the information contained in this RFQ and submit a complete response to all requirements and questions as directed. Incomplete qualifications will be considered non-responsive and subject to rejection.

2.13. FAILURE TO COMPLY

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

3. SCOPE OF SERVICES

3.1. Scope of work

Collin County will need Testing, and Balancing services for HVAC systems to determine if the HVAC equipment is operating efficiently and Retro and New Construction Commissioning Services

The vendor shall be responsible for testing, adjusting, balancing and logging actual data on all air distribution and air moving equipment, pumps, heating and cooling equipment and the operating conditions on all motors, etc. as indicated in this specification.

3.1. Air Handling Units

• Verify that the outside, return and relief air dampers are operational and move freely

• Verify that filters are clean

• Verify correct fan rotation

• If belt driven, verify proper belt tension and that fan and motor sheaves are properly aligned

• Verify that all AHU safeties are operational (firestat, freezestat, high static pressure, etc.)

• If applicable, verify that unit volume control (static pressure) is operational. Set fan volume control device for 100% capacity (terminal boxes set at 100% capacity)

• Verify correct size and rating of motor overload

• Verify fan motor is not overloaded; amperage readings do not exceed motor nameplate rating

• Determine total supply and return air. Air quantities to be determined by duct traverse if duct configuration permits and air velocity is 1000 feet per minute or greater

• Balance air distribution system (see Terminal Boxes and Air Distribution Devices)

• If air volume is less than design and motor capacity is available, adjust fan or fans to supply and return design CFM. If new sheave or sheaves and belts are required, data will be submitted to Contractor

• If applicable, determine the required static pressure and submit the static pressure control set point to control contractor for setting

• Test and adjust the minimum outside air and return air CFM relationship to design

• Test and record entering and leaving air temperature of electric heating coil to verify design heating capacity, if applicable

• Verify all temperature control devices are set and calibrated at design set point

3.2 Coil Units

• Verify that filters are clean

• Verify correct fan rotation

• If belt driven, verify proper belt tension and that fan motor sheaves are properly aligned

• Verify that all Fan Coil unit safeties are operational

• Verify correct size and rating of motor overload protection

• Verify fan motor is not overloaded; amperage readings do not exceed motor nameplate rating

• Determine total supply air

• If air volume is less than design and motor capacity is available, adjust fan to supply design CFM. If belt driven and new sheave or sheaves and belts are required, data will be submitted to Contractor

• Balance air distribution system (see Air Distribution Devices).

• Test and record entering and leaving air temperature of electric heating coil to verify design heating capacity, if applicable

• Verify all temperature control devices are set and calibrated at design setpoint

3.3 Terminal Boxes

Determine sequence of operation from the specifications and verify that all control devices are installed and operational

Set primary air volumes (minimum and maximum) and adjust fan volume, if applicable

Balance air distribution system (see Air Distribution Devices)

Test capacity of heating devices, if applicable, by measuring entering and leaving air temperature of device

Test and verify box sequence operation to ensure specified control sequence

Check calibration of thermostat

3.4 Air Distribution Devices

• Preset all volume dampers in the 100% open position

• Determine and verify proper air pattern detection devices have been installed

• Read out all air distribution devices serviced by their source (VAV Terminal, FPB Terminal, Fan Coil Unit, Constant Volume Air Handling Unit, Supply Fan, Exhaust Fan, etc.)

• Balance all air distribution devices proportional to design CFM

• Adjust source to design CFM

• Verify that all air distribution devices are within plus or minus 10% of design

3.5 Supply/Exhaust/Smoke Fans

Verify correct fan rotation

If belt driven, verify proper belt tension and that the fan and motor are properly aligned.

Verify that all safeties and interlocks are operational

Verify correct size and rating of motor overload protection

Verify fan motor is not overloaded; amperage readings do not exceed nameplate rating

Determine total air. Air quantities to be determined by duct traverse if duct configuration permits and air velocity is 1000 fee per minute or greater

If air volume is less than design and motor capacity is available, adjust fan to design CFM. If new sheave or sheaves and belts are required, data will be submitted to Contractor

Balance air distribution system (see Air Distribution Devices)

3.6 Pumps

• At the time the contractor removes the strainers, verify that they are clean and the proper type.

• Verify correct pump rotation

• Verify correct sizing of each motor overload protection

• Verify pump motors are not overloaded; amperage readings do not exceed motor nameplate rating

• Preset all manual valves at pumps and heat transfer devices to 100% open position

• Set all automatic control valves to 100% flow position

• Determine total GPM by measuring actual pumping head of pump and relate to manufacturer’s curves

• Measure actual pressure drop at each heat transfer device and flow metering device, if applicable

• Balance all heat transfer devices proportional to within 10% of design GPM by adjusting balancing valves

• If GPM is above design and the mechanical specifications indicate the pump impellers are to be trimmed to provide design GMP, data will be furnished in order that the Contractor can trim the impeller or impellers. If not, discharge balancing valve at each pump will be adjusted as required to obtain design GPM as related to the manufacturer’s curves

• Verify all interlocks and flow switches

• Test and record entering and leaving air and water temperatures at all heat transfer devices

3.7 During the balancing process, all abnormalities or malfunctions of equipment or components discovered by the Testing, Adjusting, and Balancing personnel, will be reported in the interim test and balance report to the project Architect/Engineer, Owner and Contractor so that the condition can be corrected expediently.

3.8 The temperature controls will be verified for calibration and proper relationship between control devices. The Contractor will be advised of any instruments out of calibration in the interim test and balance report so that the Automatic Temperature Controls (ATC) contractor can recalibrate, using data supplied by the Testing, Adjusting, and Balancing firm. The ATC contractor shall assist the Testing, Adjusting, and

Balancing firm as required.

3.9 Thoroughly test the Energy Management (EMS), if applicable. The testing of the Energy Management

System shall include all HVAC controls, sensors, operators, sequences, etc. The tests shall include verification that commands introduced at the EMS console actually occur and temperatures, pressures, etc. indicated at the EMS console correlate with the actual reading at the sensing point. The ATC contractor and/or EMS contractor shall provide technical support to the Testing, Adjusting, and Balancing firm for a complete check or the HVAC temperature controls and/or the Energy Management System.

3.10 After testing, adjusting and balancing to design conditions, if comfort conditions are not being maintained, the air conditioning system shall be rebalanced within the limitation of the equipment installed to obtain comfort conditions. If comfort conditions cannot be obtained, a report will be submitted giving specific data regarding the trouble area.

3.11 Make a total of three (3) inspections within ninety (90) days after occupancy of the building, and make adjustments if required, to ensure that satisfactory conditions are being maintained throughout. Inspections to be coordinated through the Architect/Engineer and Owner and shall be documented with a supplemental report containing data and information as required.

3.12 Make an inspection during the opposite season from that in which the initial adjustments were made and at that time make any necessary modifications to the initial adjustment required to produce optimum operation of the systemic components to produce the proper conditions in each conditioned space. The opposite season inspection shall be coordinated with the Architect/Engineer and Owner. This inspection shall be documented with a supplemental report containing any pertinent data and information regarding readings and adjustments made.

3.13 TESTING, ADJUSTING, BALANCING REPORT

• The Testing, Adjusting, and Balancing report shall incorporate all performance data for HVAC systems. The intent of the final report is to provide a reference of actual operating conditions for the

Owner’s operating personnel.

• All measurements and recorded readings (of air, water, electricity, etc.) that appear in the report must be made on site by the permanently employed technicians or engineers of the Testing, Adjusting, and Balancing firm.

• The Testing, Adjusting, and Balancing report shall include but not be limited to the following:

1. Index

2. Preface: A general discussion of the system, an outline of normal and ventilation modes of operation, any unusual operating conditions and any deficiencies corrected.

3. Instrumentation List: A list of instruments used by type, model, range and calibration date. All instruments must be calibrated within six (6) months prior to starting date of Testing, Adjusting, and

Balancing services.

3.14 Air Handling Units, Fan Coil Units, etc.:

• Manufacturer, model, size, and serial number

• Design and actual CFM (Supply, Return and Outside)

• Design and actual RPM

• Static pressure entering and leaving filters, coils, and fan

• Motor nameplate data

• Motor starter data and motor overload protection size and rating

• Actual motor amperage and voltage (all phases)

• Filter; type, size and quantity

3.15 Terminal Boxes:

• Manufacturer, model and size

• Location

• Design and actual primary air CFM (maximum and minimum)

• Design and actual fan CFM, if applicable

• Electric duct heater KW and actual temperature differential across electrical heating coil.

3.16 Air Distribution Devices:

• Manufacturer, model and size

• Location

• Design and actual CFM (cooling and heating)

• Air distribution devices where a velocity indicating instrument is used to determine CFM;

required and actual velocity in FPM. (When hood used to determine CFM, only CFM recorded).

3.17 Supply/Exhaust Fans:

• Manufacturer, model and size

• Design and actual CFM

• Design and actual RFM

• Design and actual static pressure

• Motor nameplate data

• Motor starter data and motor overload protection size and rating

• Actual motor amperage and voltage (all phases)

3.18 Water Coils

• Manufacturer

• Design and actual CFM

• Design and static pressures

• Design and actual entering and air temperatures

• Design and actual leaving air temperatures

• Actual outside air temperature

• Design and actual entering water temperature

• Design and actual leaving water temperature

• Design and actual coil pressure drop

• Design and actual GPM

3.19 Pumps:

• Manufacturer, model and size

• Design and estimated impeller size from manufacturers pump curves

• Actual pump suction and discharge pressures

• Design and actual pumping head

• Design and actual GPM

• Motor nameplate data

• Motor starter data and motor overload protection size and rating

• Actual motor amperage and voltage (all phases)

3.20 INSTRUCTIONS TO OPERATING PERSONNEL

• Testing, Adjusting, and Balancing firm shall instruct the operating personnel regarding the following:

• Systems Operation

• Unusual Operating Conditions

• System Troubleshooting Procedure

3.21 GUARANTEE

Provide warranty of twelve (12) months after occupancy during which time the Architect/Engineer and/or

Owner may, at his discretion, request check of the balance of any HVAC equipment. Provide Testing, Adjusting, and Balancing technicians to assist as required in making such tests. When any device is found not balanced in accordance with the mechanical plans and specifications, that HVAC system shall be completely rebalanced as directed by the Architect/Engineer and/or Owner at the Testing, Adjusting, and Balancing.

A. QUALIFICATIONS AND EXPERIENCE

1. At a minimum, the proponent company’s qualifications and experience shall include the following:

• Membership in the AABC Commissioning Group (ACG) and commissioning certification from that organization.

• At least 10 years of experience with the types of building, HVAC and control systems included in this project.

• Knowledge of operations and maintenance requirements.

• A thorough knowledge of testing, adjusting, and balancing (TAB) procedures and methods.

• Knowledge and experience with applicable life safety codes, regulations, and procedures.

• Successful experience working with multi-disciplinary teams,

• Excellent oral and written communications skills.

B. REQUIRED SCOPE OF COMMISSIONING SERVICES

1. Commissioning services are to be provided in five (5) phases: pre-design, design, construction, acceptance, and post-acceptance, in accordance with the ACG Commissioning Guideline.

2. During the pre-design phase, the commissioning agency shall carry out the following scope of work:

• Provide input to the Owner’s requirements for the mechanical systems.

• Review the Design Intent Document and verify the initial design intent with the Owner and engineer.

• Prepare the pre-design commissioning outline.

3. During the design phase the commissioning agency shall carry out the following scope of work:

• Review the design documents (drawings and specifications) as they are prepared to ensure inclusion of material covering the contractor’s responsibilities for commissioning; provide comments and suggestions for designer consideration.

• Prepare the design-phase commissioning plan.

4. During the construction phase the commissioning agency shall carry out the following scope of work:

• Organize and lead the commissioning team.

• Review shop drawings and equipment submittals for information affecting the commissioning process.

• Update the commissioning plan to reflect equipment and controls data from the submittals, and provide commissioning schedule information that the contractor can integrate into the project schedule.

• Schedule and lead commissioning meetings.

• Establish and maintain a system for tracking issues needing resolution.

• Review the project schedule periodically to ensure commissioning activities are properly incorporated;

provide feedback to the designer as needed.

• Perform on-site observations during construction.

• Monitor correct component and equipment installation; including controls point- to-point checkouts.

Document all observations.

• Witness equipment and system start-ups as deemed necessary. Ensure complete documentation of same.

• Other related work.

5. During the acceptance phase the commissioning agency shall carry out the following scope of work:

• Review and inspect, on a sample basis, the testing, adjusting and balancing work if carried out by another agency.

• Conduct functional performance testing of sub-systems, systems, and interactions between systems, leading to acceptance of the completed work. Document results of all tests witnessed.

• Organize and direct the training of O & M personnel.

• Videotape O&M staff training sessions.

6. During the post-acceptance phase the commissioning agency shall carry out the following scope of work:

• Conduct functional performance testing of sub-systems, systems, and interactions between systems that could not be carried out prior to acceptance due to unsuitable weather conditions.

• Prepare and submit a final commissioning report.

• Provide follow-up for quality performance during the guarantee period.

7. The scope of work as described in Section 3.0 shall be provided for the following base building systems:

• Supply air.

• Return air.

• Exhaust air.

• Chilled water.

• Condenser water.

• Hot water.

• HVAC control system.

8. In addition to the HVAC systems listed, include in the proposal a fee quotation to carry out the scope of work in Section 3.0 as applicable for each of the following systems as an “add-on” alternate:

• Domestic water heating and distribution systems

• Domestic water treatment

• Electrical power distribution systems

• Lighting control systems

• Fire alarm system

• Security and intrusion detection systems

• Sprinkler system

• Telephone and intercommunications systems

• Cable TV and CCTV systems

3.22 TESTING, ADJUSTING, AND BALANCING FIRM QUALIFICATIONS

• The Firm will be one that is organized to provide independent professional testing, adjusting, and balancing services. The firm shall have one (1) Professional Engineer licensed in the State of Texas with current registration.

• The Firm will have operated a minimum of five (5) years, under the current Firm name.

• All personnel used on the job site shall either be Testing, Adjusting, and Balancing engineers or

Testing, Adjusting, and Balancing technicians, who shall have been permanent, full-time employees of the Firm for a minimum of six (6) months prior to working on this project.

3.23 TESTING, ADJUSTING, AND BALANCING FIRM RESPONSIBILITIES

• Liaison: The Testing, Adjusting, and Balancing personnel on the job shall act a liaison between

Architect/Engineer, Owner and Contractor.

• Early Inspection: Inspect the installation of mechanical piping systems, sheet metal work, temperature controls and other component parts of the HVAC systems during the construction stage for reviewing that part of the work relating to proper arrangement and adequate provisions for

Testing, Adjusting, and Balancing.

4. INSURANCE REQUIREMENTS

1. Before commencing work, the vendor shall be required, at its own expense, to furnish the Collin County

Purchasing Agent with certified copies of all insurance certificate(s) indicating the coverage to remain in force throughout the term of this contract.

1. Commercial General Liability insurance including but not limited to the coverage indicated below. Coverage shall not exclude or limit Products/Completed Operations, Contractual Liability, or

Cross Liability. Coverage must be written on occurrence form.

Each Occurrence $1,000,000

Personal Injury &Adv Injury $1,000,000

Products/Completed Operation Aggregate $1,000,000

General Aggregate $2,000,000

2. Workers Compensation insurance as required by the laws of Texas, and Employers’ Liability.

Employers Liability

Liability, Each Accident $500,000

Disease - Each Employee $500,000

Disease - Policy Limit $500,000

iii. Commercial Automobile Liability insurance which includes any automobile (owned, non-owned, and hired vehicles) used in connection with the contract.

Combined Single Limit - Each Accident $1,000,000

iv. Professional/Errors & Omissions Liability insurance with a two (2) year extended reporting period. If you choose to have project coverage endorsed onto your base policy, this would be acceptable.

Each Occurrence/Aggregate $1,000,000

v. Umbrella/Excess Liability insurance

Each Occurrence/Aggregate $1,000,000

2. With reference to the foregoing insurance requirement, the vendor shall endorse applicable insurance policies as follows:

i. A waiver of subrogation in favor of Collin County, its officials, employees, volunteers and officers shall be provided for General Liability, Commercial Automobile Liability, and Workers’ Compensation.

ii. The vendor's insurance coverage shall name Collin County as additional insured under the General Liability policy.

iii. All insurance policies shall be endorsed to require the insurer to immediately notify Collin County of any decrease in the insurance coverage limits.

iv. All insurance policies shall be endorsed to the effect that Collin County will receive at least thirty (30) days notice prior to cancellation, non-renewal or termination of the policy.

v. All copies of Certificates of Insurance shall reference the project/contract number.

3. All insurance shall be purchased from an insurance company that meets the following requirements:

i. A financial rating of A-VII or higher as assigned by the BEST Rating Company or equivalent.

4. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following:

i. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein.

ii. Sets forth the notice of cancellation or termination to Collin County.

5. EVALUATION OF PROFESSIONAL QUALIFICATIONS

The County shall first select the most highly qualified provider of these services on the basis of demonstrated competence and qualifications as outlined in the evaluation criteria below. Once the most qualified provider is identified, then the County shall attempt to negotiate with that provider a contract at a fair and reasonable price in accordance with Texas Local Government Code 2254.004. Only a single provider may be selected for negotiations and award, unless the specifications of this RFQ identified multiple projects or areas where a single provider will be selected for each. A pool of qualified architects, engineers, surveyors, or other professional service providers may not be selected in accordance with 2254.004.

TAB and Cx may be evaluated separately on this solicitation if a single firm is not the most qualified in both areas. Offerors may indicate if they are submitting for both, only for TAB, or only for Cx.

The evaluation of professional qualifications of the Proposers will be based on the following criteria:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Statement of Qualifications and Ability to

Undertake The Project – Proposed Personnel

See 8. Qualifications and Submittal and Vendor

Response

Questions 3.1-3.6

Points Based 20 (20% of Total)

2. Prime Firm’s Ability to Provide Services

See 8. Qualifications and Submittal and Vendor

Response

Questions 4.1-4.5

Points Based 10 (10% of Total)

3. Respondent’s Performance on Past

Representative Projects

See 8. Qualifications and Submittal and Vendor

Response

Questions 5.1

Points Based 45 (45% of Total)

4. Respondent’s Knowledge of Best Practices

See 8. Qualifications and Submittal and Vendor

Response

Questions 6.1-6.8

Points Based 10 (10% of Total)

5. Respondent's Ability to Identify and Resolve

Problems on Past Projects

See 8. Qualifications and Submittal and Vendor

Response

Questions 7.1-7.6

Points Based 10 (10% of Total)

6. Respondent’s Proposal Format Points Based 5 (5% of Total)

6. GENERAL INSTRUCTIONS

6.1. DEFINITIONS

1. Offeror: refers to submitter.

2. Provider: refers to a Successful Service Provider.

3. Statement: refers to those documents required to be submitted to Collin County, by an Offeror.

4. SOQ: refers to Statement of Qualifications

5. RFQ: refers to Request for Qualifications

6.2. GENERAL INSTRUCTIONS

1. If Offeror does not wish to submit a Statement at this time, please submit a No Offer response.

2. Awards shall be made not more than ninety (90) days after the time set for opening of submittals.

3. Collin County is always conscious and extremely appreciative of your time and effort in preparing your

Statement.

4. Collin County exclusively uses the OpenGov eProcurement Portal for the notification and dissemination of all solicitations. The receipt of solicitations through any other company may result in the receipt of incomplete specifications and/or addenda which could ultimately render your Statement non-compliant. Collin County accepts no responsibility for the receipt and/or notification of solicitations through any other company.

5. A Statement may not be withdrawn or canceled by the Offeror prior to the ninety-first (91st) day following the public opening of submittals and only prior to award.

6. It is understood that Collin County, Texas reserves the right to accept or reject any and/or all

Statements for any or all services covered in a SOQ and to waive informalities or defects in Statements or to accept such Statements as it shall deem to be in the best interest of Collin County.

7. Statements submitted via email, oral, telegraphic or telephonic will not be accepted. SOQs may be submitted in electronic format via Collin County eProcurement.

8. All SOQs submitted electronically via Collin County eProcurement Portal shall remain locked until the official date and time of opening as stated in the Special Terms and Conditions of the RFQ.

9. SOQs received in the Collin County Purchasing Department after the submission deadline shall be considered void and unacceptable. Absolutely no late submittals will be considered. Collin County accepts no responsibility for technical difficulties related to electronic submittals.

10. Statements cannot be altered or amended after the submission deadline.

11. Collin County is by statute exempt from the State Sales Tax and Federal Excise Tax.

12. Any interpretations, corrections and/or changes to an RFQ and related Specifications or extensions to the opening/receipt date will be made by addenda to the respective document by the Collin County

Purchasing Department. Questions and/or clarification requests must be submitted no later than the date specified in the solicitation. Those received at a later date may not be addressed prior to the public opening. Sole authority to authorize addenda shall be vested in Collin County Purchasing Agent as entrusted by the Collin County Commissioners Court. Addenda may be transmitted electronically via Collin County eProcurement Portal.

13. Addenda will be transmitted to all that are known to have received a copy of the RFQ and related

Specifications. However, it shall be the sole responsibility of the Offeror to verify issuance/non-issuance of addenda and to check all avenues of document availability

(i.e. https://procurement.opengov.com/portal/collincountytx, telephoning Purchasing Department directly, etc.) prior to opening/receipt date and time to ensure Offeror’s receipt of any addenda issued. Offeror shall acknowledge receipt of all addenda.

14. All materials and services shall be subject to Collin County approval.

15. Collin County reserves the right to make awards as it deems to be in the best interest of the County.

16. The Offeror shall comply with Commissioners Court Order No. 96-680-10-28, Establishment of

Guidelines & Restrictions Regarding the Acceptance of Gifts by County Officials & County Employees.

17. Offerors taking exception to the specifications shall do so at their own risk. By offering substitutions, Offeror shall state these exceptions in the section provided in the RFQ or by attachment. Exception/substitution, if accepted, must meet or exceed the specifications stated therein. Collin County reserves the right to accept or reject any and/or all of the exception(s)/substitution(s) deemed to be in the best interest of the County.

18. Minimum Standards for Responsible Prospective Offerors: A prospective Offeror must meet the following minimum requirements:

19. have adequate financial resources, or the ability to obtain such resources as required;

20. be able to comply with the required or proposed delivery/completion schedule;

21. have a satisfactory record of performance;

22. have a satisfactory record of integrity and ethics;

23. be otherwise qualified and eligible to receive an award. Collin County may request documentation and other information sufficient to determine Offeror’s ability to meet these minimum standards listed above.

24. Offeror shall bear any/all costs associated with its preparation of an SOQ submittal.

25. Public Information Act: Collin County is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. All information submitted by prospective offerors during the request for qualification process is subject to release under the Act.

26. The Offeror shall comply with Commissioners Court Order No. 2004-167-03-11, County Logo Policy.

27. Openings: All Statements submitted (Offeror’s name only) will be read at the County’s regularly scheduled opening for the designated project. However, the reading of a Statement at an opening should be not construed as a comment on the responsiveness of such Statement or as any indication that the County accepts such Statement as responsive. The County will make a determination as to the responsiveness of Statements submitted based upon compliance with all applicable laws, Collin County

Purchasing Guidelines, and project documents, including but not limited to the specifications and contract documents. The County will notify the successful Offeror upon award of the contract and, according to state law; all Statements received will be available for inspection at that time.

28. Offeror shall comply with all local, state and federal employment and discrimination laws and shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin or any other class protected by law.

7. TERMS OF CONTRACT

1. Any resulting contract resulting from an accepted Statement of Qualifications shall be in the form of

Collin County’s standard Architects/Engineers agreement. No different or additional terms will become part of this contract with the exception of an Amendment.

2. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All Amendments to the contract will be made in writing by Collin County Purchasing Agent.

3. No public official shall have interest in the contract, in accordance with Local Government Code Title 5, Subtitle C, Chapter 171.

4. The Provider shall comply with Commissioners Court Order No. 96-680-10-28, Establishment of

Guidelines & Restrictions Regarding the Acceptance of Gifts by County Officials & County Employees.

5. Design, strength, quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practice.

6. Statements must comply with all federal, state, county and local laws concerning the type(s) of product(s)/service(s)/equipment/project(s) contracted for, and the fulfillment of all ADA (Americans with Disabilities Act) requirements.

7. All products must be new and unused, unless otherwise specified, in first-class condition and of current manufacture. Obsolete products, including products or any parts not compatible with existing hardware/software configurations will not be accepted.

8. Provider shall provide any and all notices as may be required under the Drug-Free Work Place Act of

1988, 28 CFR Part 67, Subpart F, to its employees and all sub-contractors to ensure that Collin County maintains a drug-free work place.

9. Provider shall defend, indemnify and save harmless Collin County and all its officers, agents and employees and all entities, their officers, agents and employees who are participating in this contract from all suits, claims, actions, damages (including personal injury and or property damages), or demands of any character, name and description, (including attorneys’ fees, expenses and other defense costs of any nature) brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of Provider’s breach of the contract arising from an award, and/or any negligent act, error, omission or fault of the Provider, or of any agent, employee, subcontractor or supplier of Provider in the execution of, or performance under, any contract which may result from an award. Provider shall pay in full any judgment with costs, including attorneys’ fees and expenses which are rendered against Collin County and/or participating entities arising out of such breach, act, error, omission and/or fault.

10. Providers must be in compliance with the provisions of Section 2254.0031 of the Texas Government

Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code.

Providers/Respondent shall 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.

11. Expenses for Enforcement. In the event either Party hereto is required to employ an attorney to enforce the provisions of this Agreement or is required to commence legal proceedings to enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other, reasonable attorney's fees and court costs incurred in connection with such enforcement, including collection.

12. The contract shall remain in effect until any of the following occurs: delivery of product(s) and/or completion and acceptance by Collin County of product(s) and/or service(s), contract expires or is terminated by either party with thirty (30) days written notice prior to cancellation and notice must state therein the reasons for such cancellation. Collin County reserves the right to terminate the contract immediately in the event the Provider fails to meet delivery or completion schedules, or otherwise perform in accordance with the specifications. Breach of contract or default authorizes the

County to purchase elsewhere and charge the full increase in cost and handling to the defaulting

Provider.

13. Collin County Purchasing Department shall serve as Contract Administrator or shall supervise agents designated by Collin County.

14. Provider shall notify the Purchasing Department immediately if delivery/completion schedule cannot be met. If a delay is foreseen, the Provider shall give written notice to the Purchasing Agent. The

County has the right to extend delivery/completion time if the reason appears valid.

15. Collin County shall generate a purchase order(s) to the Provider and the purchase order number must appear on all itemized invoices. Collin County will not be responsible for any services rendered without a valid purchase order number.

16. Invoices shall be mailed directly to the Collin County Auditor's Office, 2300 Bloomdale Road, Suite

3100, McKinney, Texas 75071. All invoices shall show:

17. Collin County Purchase Order Number;

18. Provider’s Name, Address and Tax Identification Number;

19. Detailed breakdown of all charges for the product(s) and/or service(s) including applicable time frames.

20. Payment will be made in accordance with Government Code, Title 10, Subtitle F, Chapter 2251.

21. All warranties shall be stated as required in the Uniform Commercial Code.

22. The Provider and Collin County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

23. The Provider agrees to protect Collin County from any claims involving infringements of patents and/or copyrights.

24. The contract will be governed by the laws of the State of Texas. Should any portion of the contract be in conflict with the laws of the State of Texas, the State laws shall invalidate only that portion. The remaining portion of the contract shall remain in effect. The contract is performable in Collin County, Texas.

25. The Provider shall not sell, assign, transfer or convey the contract, in whole or in part, without the prior written approval from Collin County.

26. The apparent silence of any part of the specification as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of the specification shall be made on the basis of this statement.

27. Provider shall not fraudulently advertise, publish or otherwise make reference to the existence of a contract between Collin County and Provider for purposes of solicitation. As exception, Provider may refer to Collin County as an evaluating reference for purposes of establishing a contract with other entities.

28. The Provider understands, acknowledges and agrees that if the Provider subcontracts with a third party for services and/or material, the primary Provider (awardee) accepts responsibility for full and prompt payment to the third party. Any dispute between the primary Provider and the third party, including any payment dispute, will be promptly remedied by the primary Provider. Failure to promptly render a remedy or to make prompt payment to the third party (sub-contractor) may result in the withholding of funds from the primary Provider by Collin County for any payments owed to the third party.

29. Criminal History Background Check: If required, ALL individuals may be subject to a criminal history background check performed by Collin County prior to access being granted to Collin County facilities.

Upon request, Vendor/Contractor/Provider shall provide a list of individuals to the Collin County

Purchasing Department within five (5) working days.

30. Non-Disclosure Agreement: When applicable, Provider shall be required to sign a non- disclosure agreement acknowledging that all information to be furnished is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by Provider, except as provided in the contract/agreement, may cause serious harm or damage to Collin County. Therefore, Provider agrees that Provider will not use the information furnished for any purpose other than that stated in contract/agreement, and agrees that Provider will not either directly or indirectly by agent, employee, or representative disclose this information, either in whole or in part, to any third party, except on a need to know basis for the purpose of evaluating any possible transaction. This agreement shall be binding upon Collin County and Provider, and upon the directors, officers, employees and agents of each.

31. Providers must be in compliance with the Immigration and Reform Act of 1986 and all employees specific to this solicitation must be legally eligible to work in the United States of America.

32. Certification of Eligibility: This provision applies if the anticipated Contract exceeds $100,000.00 and as it relates to the expenditure of federal grant funds. By submitting a statement in response to this solicitation, the Provider certifies that at the time of submission, he/she is not on the Federal

Government’s list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of statement submission and time of award, the Provider will notify the Collin

County Purchasing Agent. Failure to do so may result in terminating this contract for default.

33. Notice to Providers delivering goods or performing services within the Collin County Detention

Facility: The Collin County Detention Facility houses persons who have been charged with and/or convicted of serious criminal offenses. When entering the Detention Facility, you could: (1) hear obscene or graphic language; (2) view partially clothed male inmates; (3) be subjected to verbal abuse or taunting; (4) risk physical altercations or physical contact, which could be minimal or possibly serious; (5) be exposed to communicable or infectious diseases; (6) be temporarily detained or prevented from immediately leaving the Detention Facility in the case of an emergency or “lockdown”;

and (7) subjected to a search of your person or property. While the Collin County Sheriff’s Office takes every reasonable precaution to protect the safety of visitors to the Detention Facility, because of the inherently dangerous nature of a Detention Facility and the type of the persons incarcerated therein, please be advised of the possibility of such situations exist and you should carefully consider such risks when entering the Detention Facility. By entering the Collin County Detention Facility, you acknowledge that you are aware of such potential risks and willingly and knowingly choose to enter the

Collin County Detention Facility.

34. Delays and Extensions of Time when applicable:

35. If the Provider is delayed at any time in the commence or progress of the Work by an act or neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Provider’s control, or by delay authorized by the

Owner pending mediation and arbitration, or by other causes which the Owner or Architect/Engineer determines may justify delay, then the Contract Time shall be extended by Amendment for such reasonable time as the Owner/Architect/Engineer may determine.

36. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that the weather conditions had an adverse effect on the scheduled construction.

37. Disclosure of Certain Relationships: Chapter 176 of the Texas Local Government Code requires that any vendor considering doing business with a local government entity disclose the vendor’s affiliation or business relationship that might cause a conflict of interest with a local government entity. Subchapter

6 of the code requires a vendor to file a conflict of interest questionnaire (CIQ) if a conflict exists. By law this questionnaire must be filed with the records administrator of Collin County no later than the

7th business day after the date the vendor becomes aware of an event that requires the statement to be filed. A vendor commits an offense if the vendor knowingly violates the code. An offense under this section is a misdemeanor. By submitting a response to this request, the vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. Please send completed forms to the Collin County County Clerk's Office located at 2300 Bloomdale Rd., Suite 2104, McKinney, TX 75071.

38. Disclosure of Interested Parties: Section 2252.908 of the Texas Government Code requires a business entity entering into certain contracts with a governmental entity to file with the governmental entity a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity. Section 2252.908 requires the disclosure form (Form 1295) to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. Section 2252.908 applies only to a contract entered into on or after January 1, 2016.

39. Providers must be in compliance with the provisions of Section 2252.152 and Section 2252.153 of the

Texas Government Code which states, in part, contracts with companies engaged in business with Iran, Sudan, or Foreign Terrorist Organizations are prohibited.