REQUEST FOR

STATEMENT OF QUALIFICATIONS

ARCHITECTURAL DESIGN SERVICES

PROJECT NO. 08-26-S114-970

PAGE 1 NOTICE TO RESPONDENTS

PAGES 2-17 INFORMATION TO RESPONDENTS

PAGES 18-23 REQUEST FOR STATEMENT OF

QUALIFICATIONS

PAGES 24-27 SUPPLEMENT FORMS 1-3

NOTICE TO RESPONDENTS

Solicitation Type and Name: Request for Statement of Qualifications for Architectural Design Services

Solicitation Number: 08-26-S114-970

Description: The City of McAllen is soliciting Statement of Qualifications to retain a Rotation List of Qualified Professional Architectural firms to provide Architectural Design Services. The services request is of qualified architect firms with expertise in all phases of the design, construction, repairs, or additions of all city public buildings.

Deadline: Electronic Statement of Qualifications (SOQ) addressed to Mr. Isaac J. Tawil, City Manager, will be received until Thursday, August 27, 2026 at 3:00 PM, Central Daylight Time (CDT). Statements of Qualifications are only to be submitted electronically through the City of McAllen’s bidding portal: https://mcallen.procureware.com, on or before the aforementioned date and time. Original, hard copy and/or late submittals shall not be accepted.

To view this solicitation and submit a response to this solicitation, you must first register in the City’s bidding portal at: https://mcallen.procureware.com. Solicitation documents will not be mailed, e-mailed, or provided in person. Once registered, you will also be added to the solicitation distribution list for changes and/or additions via Addenda form.

Potential Respondents are asked to post their questions on our bidding portal under the tab labeled “Clarifications” under the applicable project number.

The City of McAllen reserves the right to refuse and reject any or all responses and to waive any or all formalities or technicalities, and to accept the proposal considered the best and most advantageous to the City, and to hold the responses for a period of one-hundred twenty (120) days without taking action.

Applicable Product Categories: 906-07 Architect Services, 906-56 Landscape Architecture, 918- 42 Engineering Consulting, 906-10 Buildings – Architectural Design; 906-29 Environmental - Architectural; 907-14 Architectural Services; 907-40 Engineering Services

CITY OF MCALLEN – PURCHASING AND CONTRACTING

INFORMATION TO RESPONDENTS

1. DEVIATION FROM REQUIREMENTS

Please read your requirements thoroughly and be sure that the SERVICE(S) offered comply with all requirements/specifications noted. Any deviation from the solicitation requirements must be clearly indicated by submitting a list of any exceptions to the requirements, specifically identifying on a point-by-point basis, and made a part of your electronic submittal. If no exceptions are noted, and you are the successful Respondent, it will be required that the SERVICE(S) be provided as specified.

2. PURPOSE

The purpose of these solicitation documents is to award a Professional Service Contract for:

3. INTENT

The SERVICE(S) to be provided under this solicitation shall be in accordance with the requirements as noted herein and in the Request for Statement of Qualifications. There is no intention to disqualify any respondent who can meet the requirements.

4. SYNONYM

Where in this solicitation package the term SERVICE(S) is used, its meaning shall refer to the ARCHITECTURAL DESIGN SERVICES as specified. For the purpose of clarity, the term Contractor, Respondent and Vendor shall be synonymous.

5. SUBMITTAL OF STATEMENT OF QUALIFICATIONS

Statement of Qualifications (SOQs) shall be submitted electronically through the City of McAllen’s bidding portal: https://mcallen.procureware.com. Respondent must completely fill out all required forms and submit required supporting documentation. Submittal of a response to this solicitation constitutes an offer by the Respondent, and if accepted by the City of McAllen, a contract. Submission of a response to this solicitation shall indicate that the respondent has accepted the conditions contained in the request for SOQ, unless otherwise clearly noted in the SOQ submitted and confirmed in the executed contract between the City and the successful respondent. Submitted SOQs become property of the City of McAllen and as such, the City reserves the right to use any ideas contained in the submittal regardless of whether the respondent/firm is selected. SOQs submitted by facsimile (fax), original/hard-copies, or late submittals will NOT be accepted. SOQs which do not comply with the requirements may be grounds for disqualification and rejected at the option of the City. SOQs must be electronically received by the City of McAllen on or before submittal deadline.

6. ELECTRONIC SOQ SUBMITTAL INSTRUCTIONS

Respondents must go online to the City’s Bidding Portal (https://mcallen.procureware.com) to submit their SOQ. Respondents are asked to read the Welcome Screen (PDF document) and register if they have not done so previously. Once on the bidding portal, follow the steps below to enter the electronic SOQ submittal.

I. Click on, “Bids” located on left-hand column.

II. Find the applicable project and click the, “Project Number”

III. Click on, “Response” tab.

INFORMATION TO RESPONDENTS continued:

IV. In the “Questions” tab, upload required scanned documents into the bidding portal by clicking “Choose File” for each item.

V. Once the Questions information has been entered, the yellow “Question Response” information messages will change from incomplete to complete. Then the “Submit” button will become available.

VI. Click “Submit Bid” button and review the terms and agreements, Popup Window that appears. If you agree to the terms and conditions, click the “I Accept and Submit this Bid” button.

VII. If you want to remove your bid, click the red “Withdraw Bid” button in the “Response” tab.

The City may consider non-responsive any response not prepared and submitted in accordance with the provisions herein and may waive any formalities and/or technicalities, or reject any and all responses.

7. FORMS

Respondents are advised that all Respondents shall submit their responses utilizing only the forms that make up this solicitation package. Responses submitted utilizing other forms and/or formats will not be considered. If additional documents are required to be submitted as part of this solicitation, do not submit compressed (zip) files. Respondents must submit an electronic version of their response through our bidding portal at https://mcallen.procureware.com.

8. PREPARATION OF STATEMENT OF QUALIFICATIONS

Responses MUST provide full firm name and address of Respondent, and must be manually or electronically signed. Failure to do so will disqualify the Respondent’s submittal. Person signing SOQ must show title or AUTHORITY TO BIND HIS/HER FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the SOQ. A corporation shall execute the SOQ by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership Respondent shall give full names and addresses of all partners. All partners shall execute the SOQ. Partnership and Individual Respondents shall state in the SOQ the names and addresses of all persons with a vested interest therein. The place of residence of each Respondent, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature.

9. ALTERATIONS/AMENDMENTS TO STATEMENT OF QUALIFICATIONS

Statement of Qualifications CANNOT be altered or amended after submittal deadline. No Statement of Qualifications (SOQs) in response to this solicitation may be withdrawn after submittal deadline without acceptable reason in writing and only after approval by the City of McAllen.

10. SUBSTITUTIONS

No substitutions or cancellations shall be permitted without written approval by City of McAllen.

11. NO RESPONSE TO REQUEST FOR STATEMENT OF QUALIFICATIONS

If unable to submit a response to the Request for Statement of Qualifications, no further action is required by vendor. However, all Respondents are encouraged to examine their selected categories and revise if necessary.

12. COSTS FOR PREPARATION OF STATEMENT OF QUALIFICATIONS

The City of McAllen shall not be held liable for any costs incurred by any respondent for work performed in the preparation of and production of a Statement of Qualifications or for any work performed prior to execution of contract.

13. CONTRACTOR RESPONSIBILITY

It shall be the responsibility of the successful Contractor to meet all applicable Federal and State laws and safety requirements during the performance of the awarded Contract while engaged in the delivery of SERVICE(S) to the City of McAllen.

14. EVALUATION PROCESS

The evaluation process will be conducted as stated in Section III of the Request for Statement of Qualifications.

15. EVALUATION CRITERIA

All responses to the Request for Statement of Qualifications will be evaluated based on the evaluation criteria stated in Section IV of the Request for Statement of Qualifications.

16. CONTRACT TERM

Respondents are advised that for purposes of this solicitation, the City of McAllen intends to award a Contract for an initial term of two (2) years (“Initial Contract Term”). The City of McAllen reserves the unilateral right to extend the contract for an additional one (1) year, if the performance of the successful contractor is satisfactory. The Initial Contract Term and extensions, collectively, shall be the “Contract Term”. The City does not guarantee that a contract will be awarded as a result of the Request for Statement of Qualifications.

17. INTERIM EXTENSION OF PERFORMANCE

If it is determined that interim performance is required to allow for the solicitation and award of a new contract, the City may unilaterally extend the contract for a maximum period of up to six

(6) months. Current pricing, delivery, and all other terms and conditions of the contract must apply during this interim period.

18. CONTRACT TERMINATION CLAUSE

The parties agree that the City of McAllen reserves the right to terminate this contract in whole or in part, at any time, if in the opinion of the City of McAllen, the successful contractor’s performance is not acceptable, if the City is being repeatedly overcharged, improperly charged, or in the event that no funds are appropriated for this specific purpose, or if the City wishes, without cause, to discontinue/cancel this contract. If the City determines at the City’s sole discretion, that termination is in the City’s best interests, the City shall give written notice to the vendor/bidder/contractor of its intention to terminate, and the contract shall terminate after the expiration of thirty (30) days from the date of the written notice. After the expiration of the thirty

(30) days and the termination of this contract, the City shall be relieved of any and all obligations and/or responsibilities arising from this contract including but not limited to the payment of any damages and/or penalties. Contractor shall be paid for products and/or services rendered and accepted in accordance with the contract for work performed up to the time of termination.

Performance by the City of McAllen under the Contract may be dependent upon the appropriation, allotment or allocation of funds by the federal government, the State of Texas, the

Board of Commissioners for the City of McAllen or the Board of Trustees for the McAllen Public Utility (collectively the “City”). If the federal government, State of Texas, or the City fails to appropriate, allot or allocate the necessary funds, then City will issue written notice and the City may terminate this Contract without further duty, obligation, or liability, other than payment for goods and services already delivered or provided to City. Contractor acknowledges that appropriation, allotment, and allocation of funds are beyond the control of City.

If the Contractor is adjudged as bankrupt, or if Contractor makes a general assignment for the benefit of its creditors, or if a receiver is appointed as a result of Contractor’s insolvency, or if Contractor is guilty of a substantial violation of the Contract, then the Owner may without prejudice to any other right or remedy terminate the Contract with the Contractor, after giving the Contractor and his Surety seven (7) working days’ written notice, and take possession of the premises and of all materials, tools, equipment and other facilities installed on the work and paid for by the Owner, and finish the work by whatever method Owner may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If the expense of finishing the work shall exceed such unpaid balance to the Contractor, the Contractor shall pay the difference to the Owner.

19. TIME ALLOWED FOR ACTION TAKEN

The City may hold the responses received for up to one-hundred twenty (120) days after submittal deadline without taking action. Respondents shall be required to hold their responses firm for the same period of time.

20. RIGHT TO WAIVE

The City of McAllen reserves the right to waive or take exception to any part of these specifications when in the best interest of the City of McAllen.

21. RIGHT TO REJECT/AWARD

The City of McAllen reserves the right to refuse and reject any or all Statement of Qualifications, to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best and most advantageous to the City of McAllen.

22. PAST PERFORMANCE

Respondents are advised that past performance, as it relates to product and/or service on Contracts previously held with the City, shall be a factor in the evaluation and award of this Contract. Respondents that have not complied with their obligation(s) to the City of McAllen/McAllen Public Utility on previous projects will not be considered for award of this project. The City’s position on this matter shall be final.

23. VERBAL THREATS

Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of services for whatever reason and/or reasons shall be considered a breach of contract and the City will immediately sever the contract with the Vendor on contract.

24. ASSIGNMENT

Neither the Vendor’s contract nor payment due to an awarded vendor may be assigned to a third party without the written approval of the Purchasing and Contracting Department for the City of McAllen.

25. INTERPRETATIONS

Any questions concerning the conditions and/or specifications with regards to this solicitation shall be directed to the designated individuals as outlined in Section VIII of the Request for Statement of Qualifications. Such interpretations, which may affect the eventual outcome of this bid, shall be furnished in writing to all prospective Respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the City of McAllen in accordance with paragraph titled “Addenda”.

26. ADDENDA

Respondent shall carefully examine the solicitation documents, request for statement of qualifications, and fully inform themselves as to all conditions and matters which can in any way affect the work or cost thereof. Should the respondent find discrepancies in, or omissions from solicitation documents, or other documents, or should respondent be in doubt as to their meaning, respondent should request clarification by posting their questions on the City’s bidding portal under the tab labeled “Clarifications” under the applicable project number prior to submitting any response. Explanations, interpretations, and supplemental instructions shall be in the form of written Addenda which shall become a part of the solicitation and contract documents. Said Addenda shall be posted in the bidding portal. All Addenda issued in respect to this project shall be considered official changes to the original bidding documents. Verbal statements in response to inquiries and/or requests for explanations shall not be authoritative nor binding. It shall be the Respondent’s responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, Respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their Submittal. Respondent’s signature on Addenda shall be interpreted as the respondent’s “recognition and compliance to” official changes as outlined by the City of McAllen and as such are made part of the original solicitation documents. Failure of any Respondent to receive any such addendum or interpretation shall not relieve such Contractor/Vendor from its terms and requirements. Addenda are available online at https://mcallen.procureware.com.

26. OMISSIONS

At the time of submittal deadline, each Respondent will be presumed to have read and to be thoroughly familiar with the requirements of the solicitation. The failure or omission of any Respondent to examine any form, instrument, or contract document shall in no way relieve any Respondent from any obligation in respect to their Statement of Qualifications submitted.

27. PUBLIC INFORMATION

All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed. Any information deemed to be confidential by the respondent, including trade secrets, should be clearly noted on the pages where confidential information is contained.

28. CONFIDENTIALITY OF INFORMATION AND SECURITY

Should the successful respondent become the holder of and have access to confidential information as part of the performance of the awarded contract, respondent shall keep such information confidential and shall comply with federal and state law, City ordinances and regulations relating to confidentiality.

29. STATUTORY REQUIREMENTS

It shall be the responsibility of the successful respondent to comply with all applicable State & Federal laws, Executive Orders and Municipal Ordinances, and the Rules and Regulations of all authorities having jurisdiction over the work to be performed hereunder and such shall apply to the contract throughout, and that they will be deemed to be included in the contract as though written out in full in the contract documents. (To include issues related to health, environmental, and safety to name a few.)

30. ANTI-LOBBYING PROVISION

During the period between proposal submission date and the contract award, Respondents, including their agents and representatives, shall not directly discuss or promote, verbal or written, their bid with any member of the City Commission, Bridge Board members directly or indirectly through others, seek to influence any City Council member, City staff, or City’s Contractor(s) regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any Respondent violates the foregoing prohibition by contacting any of the above listed parties with whom contact is not authorized, such contact may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this bid. Violation of this provision may result in the rejection of the Respondent's bid, except in the course of City-sponsored inquiries, briefings, interviews, or presentations.

31. ANTI-COLLUSION STATEMENT

The respondent shall submit a Non-Collusion affidavit affirming that the Respondent has not in any way directly or indirectly, colluded, conspired, or agreed with any other person, firm, corporation, respondent or potential respondent to the amount of this proposal or the terms or conditions of this proposal. Paid or agreed to pay any other person, firm, corporation respondent or potential respondent any money or anything of value in return for assistance in procuring or attempting to procure a contract or in return for establishing the prices in the submitted bid or the bid of any other respondent.

32. CONFLICT OF INTEREST

CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the City of McAllen not later than the seventh (7th) business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code.

A person commits an offense if the person violates an offense under this section is a Class C misdemeanor.

For more information or to obtain Questionnaire CIQ go to the Texas Ethics Commission web page at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN

LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH

PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT.

AN OFFENSE UNDER CHAPTER 176 IS A CLASS “C” MISDEMEANOR.

35. HOUSE BILL (HB) 1295 (Certificate of Interested Parties – Form 1295) Please be advised that in 2015, the Texas Legislature adopted House Bill 1295 (H.B. 1295). For contracts entered into on or after January 1, 2016, Texas Government Code Chapter §2252.908 (H.B. 1295) provides that a Texas governmental entity or state agency may not enter into a contract that either (1) requires an action or vote by the governing body of the entity or agency or (2) has a value of at least $1 million, unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The Texas Ethics Commission (Commission) has adopted a certificate of interested parties form (Form 1295) and adopted rules requiring the business entity to file Form 1295 electronically with the Commission.

Information from the Commission regarding the requirements, including rules and filing information, are available on the Commission’s website at the following links:

https://www.ethics.state.tx.us/filinginfo/1295 https://www.ethics.state.tx.us/data/filinginfo/1295Changes.pdf https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php

As a business entity under this law, it is your firm’s responsibility to comply with all disclosure laws including Chapter 2252. The City of McAllen, as the governmental entity, must ensure compliance of the same.

Note: You will be required to register and create an account. Once registered, you will receive an email containing a password setup link. Click on the link to set your password. After you have established an account, you will use your email address, password, and user type (Business Entity) to log in to the filing application to enter the required information on Form 1295.

Print a copy of the completed form which includes a unique certification of filing number assigned by the application. An authorized agent of the business entity must sign the form affirming under the penalty of perjury that the completed form is true and correct. The completed, printed, and signed Form 1295 bearing the unique certification of filing number must be submitted at the time the signed contract is submitted to the City of McAllen. Failure to comply may result in contract revocation and award to the next compliant contractor/vendor.

36. RIGHT TO AUDIT

The City of McAllen reserves the right to audit the vendor’s books and records relating to the performance of this contract. The City of McAllen, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours’ advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by the vendor(s) with respect to the performance of the executed Contract.

If such audit shall disclose overpayment by City to vendor, written notice of such overpayment shall be provided to the vendor and the amount of overpayment shall be promptly reimbursed by vendor to the City. In the event any such overpayment is not paid within ten (10) business days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1%) per month from the date of such notice until paid.

37. INDEMNIFICATION CLAUSE

The Respondent hereby agrees to protect, defend, indemnify and hold the City and its employees, agents, officers and servants free and harmless from all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, legal fees, and all other expenses incurred by the City arising in favor of any party, including claims, liens, debts, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or in any ways incident to, in connection with or arising directly or indirectly out of this contract.

Respondent agrees to investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit arising from the act(s) of omission(s) of the Respondent at the sole expense of the Respondent. In addition, the Respondent shall protect, defend, indemnify and hold the City and its employees, agents, officers and servants free and harmless from all losses, claims, liens, demands and causes of action relating to, for, or on account of the use of patented appliances, products or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the Director of Purchasing and Contracting, as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used.

Respondent also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Respondent or the City or to enlarge in any way the Respondent's liability but is intended solely to provide for indemnification of the City from liability from damages or injuries to third persons or property arising from Respondent's performance hereunder

38. JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and performable and payable in Hidalgo County, Texas.

39. VENUE

The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and/or any other dispute(s) shall be in Hidalgo County, Texas.

40. LITIGATION

Be advised that any Respondent that is involved in any litigation with the City of McAllen will not be considered for award of this contract.

41. DISCLAIMER

While all precautions have been taken to ensure that documents on the bidding portal will not interfere with or cause damage to your system or its existing data, the City of McAllen accepts no responsibility for damages that may be caused by these documents and makes no other warranty or representation, neither expressed nor implied, with respect to these documents.

These documents are provided “as is” and you, the user, assume the entire risk when you use them.

42. LIMITATION OF LIABILITY

Vendors that use the services/lease available through this webpage agree that the City of McAllen shall not be liable for any loss of profits, loss of time, interruption of business, or indirect, special, incidental, or consequential damages of any kind whether under this agreement or otherwise due to your use of this system.

43. WAIVER

Due to the electronic transmissions, the City of McAllen does not guarantee nor will it be liable for the accuracy of what is read or what is downloaded.

44. NON-DISCRIMINATION/DRUG FREE

The successful Respondent shall comply with all federal and state requirements concerning fair employment and will not discriminate by reason of race, color, age, religion, sex, national origin or physical handicap. The successful Respondent shall provide evidence in form and substance, to the City of McAllen of maintaining a drug free working environment.

45. TEXAS GOVERNMENT CODE § 2252

In accordance with Chapter 2252 of the Texas Government Code, the Contractor hereby certifies that (a) Contractor does not engage in business with Iran, Sudan or any foreign terrorist organization and (b) Contractor is not listed by the Texas Comptroller as a terrorist organization.

46. TEXAS GOVERNMENT CODE §2271 (NO ISRAEL BOYCOTT)

If this Contract has a value of $100,000 or more that is to be paid wholly or partly from public funds of city, and if Contractor is a company, other than a sole proprietorship, with ten (10) or more full-time employees, then pursuant to Texas Government Code Chapter 2271, Contractor affirmatively states that it does not boycott Israel and will not boycott Israel during the term of this Contract. In this paragraph, the terms “company” and “boycott Israel” shall have the meanings described in Texas Government Code §808.001. If circumstances relevant to this provision change during the term of the contract, Contractor shall promptly notify Owner.

47. TEXAS GOVERNMENT CODE §2274.002 (FIREARM INDUSTRY)

If this Contract has a value of $100,000 or more to be paid wholly or partly from public funds of city, and if Contractor is a company, other than a sole proprietorship, with ten (10) or more fulltime employees, then pursuant to Texas Government Code §2274.002, Contractor affirmatively states that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contractor. If circumstances relevant to this provision change during the term of the contract, Contractor shall promptly notify Owner.

48. TEXAS GOVERNMENT CODE §2276.002 (ENERGY COMPANIES)

If this Contract has a value of $100,000 or more to be paid wholly or partly from public funds of city, and if Contractor is a company, other than a sole proprietorship, with ten (10) or more fulltime employees, then pursuant to Texas Government Code §2276.002, Contractor affirmatively states it does not boycott energy companies and will not boycott energy companies during the term of this Contract. In this paragraph, the terms “company” and “boycott energy companies” shall have the meanings described in Texas Government Code §809.001.

49. RESPONDENT’S EMPLOYEES

Neither the Respondent nor his/her employees engaged in fulfilling the terms and conditions of this Contract shall be considered employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the vendor on contract.

The City shall have the right of inspection of said undertakings at any time.

50. RIGHT TO INSPECT/REQUEST INFORMATION

The City reserves the right to inspect Respondent's facilities and equipment. The City also reserves the right to request factual information as to the existence and financial stability of the respondent’s company and a list of present cities being serviced by respondent.

51. INSURANCE REQUIREMENTS

During execution of Contracts, the successful Contractor shall provide a Certificate of Insurance made to the City of McAllen, P.O. Box 220, McAllen, TX 78505-0220, (1300 Houston, McAllen, Texas 78501) and should reference the project number and project Name. The prime contractor shall ensure that any and all subcontractors and/or lower-tier subcontractors comply with the insurance requirements as depicted herein. Such coverage(s) shall be acquired and maintained for the duration of the contract period.

All certificates must be received prior to commencement of service/work. All Certificates of insurance shall be approved by the Risk Manager and/or his/her designated representative prior to the commencement of any work.

In the event the insurance coverage expires prior to the completion of the executed contract, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The City must be notified at least thirty (30) days prior to any material change in and/or cancellation and/or non-renewals of such policies.

The term “City” shall include The City of McAllen and/or McAllen Public Utilities (MPU) and their employees, officers, officials, agent, and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement.

The City reserves the right to make reasonable requests or revisions pertaining to the types and limits of that coverage.

During the term of the Contract, the successful contractor/respondent/selected firm shall acquire and maintain, for the duration of the contract period the following insurances:

A. Comprehensive Commercial General Liability: The Contractor/Respondent/Selected

Firm shall provide minimum limits of $250,000 each occurrence, $500,000 annual aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, independent contractors, products, completed operations, personal and advertising injury, and contractual liability. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs maintained by the City and shall name the “City of McAllen” as an additional insured with a waiver of subrogation. The policy of insurance shall be written on an “occurrence” form.

Blanket “XCU” – Explosion, Collapse & Underground Independent Contractors Care, Custody and Control Contractual Liability

No endorsements excluding these coverages are allowed.

Additional Insured Requirement:

To the fullest extent of coverage allowed under Chapter 151 of the Texas Insurance Code, the City of McAllen and/or McAllen Public Utilities (MPU) shall be included as additional insured under the CGL policy, using ISO Additional Insured Endorsements CG20101001 and CG20371001, or endorsements providing equivalent coverage, including products completed operations

B. Business Automobile Liability: The Contractor/Respondent/Selected Firm shall maintain limits of no less than $250,000 combined single limit per occurrence for bodily injury and property damage, and $500,000 annual aggregate. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs maintained by the City and shall name the “City of McAllen” as an additional insured with a waiver of subrogation. The policy of insurance shall be written on an “occurrence” form.

Applicable as long as no fragile or perishable products are transported; otherwise, Cargo Insurance is required.

Additional Insured Requirement:

To the fullest extent of coverage allowed under Chapter 151 of the Texas Insurance Code, the City of McAllen and/or McAllen Public Utilities (MPU) shall be included as additional insured under the CGL policy, using ISO Additional Insured Endorsements CG20101001 and CG20371001, or endorsements providing equivalent coverage, including products completed operations

C. Builder’s Risk/Fire & Extended Coverage

The Contractor shall insure the building or other work included in this contract on an all-risk (special causes of loss) policy, with an insurance company or companies acceptable to the Owner. The amount of the insurance at all times to be at least equal to the amount paid on account of work and material and plus the value of the work or materials furnished or delivered but not yet paid for by the Owner. Builder’s Risk Policies shall cover loss of materials by theft, vandalism, malicious mischief or other loss whether materials are incorporated in the work or not.

The policies shall be in the names of the City and the Contractor, as their interests may appear, and certificates of insurance shall be delivered to the Owner before monthly partial payments are made. The policy shall provide for the inclusion of names of all other contractors, subcontractors and other employed on the premises as ensured and shall stipulate that the insurance companies shall have no right to subrogation against any contractors, subcontractors or other parties employed on the premises for any work building alterations, construction or erection to the described property.

D. Workers' Compensation: The contractor/respondent/selected firm shall provide and maintain workers’ compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Texas. Employer's Liability insurance shall be provided in amounts not less than $500,000 per accident for bodily injury by accident; $500,000 policy limit by disease; and $500,000 per employee for bodily injury by disease."

In addition, a Waiver of Subrogation Endorsement shall be provided by the contractor naming the City of McAllen in said policy for Worker’s Compensation Insurance.

Contractor/Respondent/Selected Firm shall further ensure that all of its sub-contractors maintain appropriate levels of workers’ compensation insurance.

E. Professional Services - Insurance Provisions: Errors & Omissions (Professional

Liability): $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit. If coverage is written on a claims-made basis, the retroactive date shall be on or prior to the date of the contractual Agreement. The certificate of insurance shall state that the coverage is claims-made and include the retroactive date. The insurance shall be maintained for the duration of the contractual Agreement and for four (4) years following completion of the services provides under the contractual Agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage.

F. Deductible Clause: Contractor/Respondent/Selected Firm to declare self-insured retention or deductible amounts in excess of $25,000.

G. Other Provisions: All insurance carriers shall be rated A6 or better and be published on a current A.M. Best Rating Guide, or some other recognized equivalent rating service (e.g., Moody’s, Standard & Poor’s). The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. All Certificates of Insurance shall be provided on the Acord Form 25.

All insurance requirements are imposed and must be complied with by any and all sub-contractors, and/or lower-tier sub-contractors. A copy of endorsements providing Additional Insured, Primary Insurance and Waiver of Subrogation wording shall be attached to the certificates of insurance.

52. PROTEST PROCEDURES

A. DEFINITIONS

As used in this section – “Day” means a business day, unless otherwise specified.

“Filed” means the complete receipt of any document by an agency before its close of business. Documents received after close of business are considered filed as of the next business day. Unless otherwise stated, the City of McAllen’s close of business is presumed to be 5:00 p.m., local Central time.

“Interested party for the purpose of filing a protest” means an actual or prospective bidder/offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

“Protest” means a written objection by an interested party to any of the following:

(1) A solicitation or other request by an agency for offers for a contract for the procurement of construction, commodities and/or services.

(2) An award or proposed award of the contract.

B. RIGHT TO PROTEST:

An interested party has the right to formally contest a solicitation and/or contract award.

C. ADMINISTRATION:

Protests shall be administered by the Purchasing and Contracting, in conjunction with the City Manager’s and City Attorney’s Office.

D. PROCEDURES:

Formal protest procedures for construction, purchase of goods, and services in excess of $50,000 or in excess of $25,000 for professional services are as follows:

E. PROTEST OF SOLICITATION

(1) Any prospective bidder proposer may file a protest with the Director of Purchasing and Contracting regarding the solicitation process. This includes all protests relating to advertising of notices, deadlines, bid openings, and all other related solicitation procedures under the Texas Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications or contract documents.

(2) To begin a protest, the proposer must first file a written "Notice of Intent to File a Protest” with the Director of Purchasing and Contracting within three

(3) days after the request for proposals, request for sealed bids or request for statement of qualifications is published in a newspaper of general circulation. The proposer may file the Notice with the City by personal delivery, facsimile, electronic mail or U.S. mail, return receipt requested. A

“Notice of Intent to File a Protest” is considered filed when received by the Director of Purchasing and Contracting.

(3) Within five (5) days after the Notice of Intent to File a Protest is filed; the proposer must file a “Written Protest” that conforms with Section (C) below with the Director of Purchasing and Contracting. A written notice is considered filed when received by the Director of Purchasing and Contracting.

(4) A proposer need not file a bid, statement of qualifications or proposal in order to protest a solicitation.

F. PROTEST OF AWARD

(1) A proposer may file a protest in connection with the recommended award of a contract with the Director of Purchasing and Contracting. Such protest may only be made by an actual proposer for the contract, and (2) who claims to be the rightful awardee. The grounds for such protest are limited to: (1) errors made in computing the score or ranking of proposer(s) (this does not include the formula used for assigning points or the relative weight of the evaluation criteria); (2) disagreement with City Staff award recommendations; or (3) the City’s failure to follow procedures established in the bid, the City’s Purchasing Policy or applicable federal and state laws or regulations. Protests not based on these criteria shall not be considered.

(2) To begin a protest, the proposer must first file a written “Notice of Intent to

File a Protest” with the Director of Purchasing and Contracting within two

(2) days after receipt by the proposer of the notice of the City Manager’s recommendation for award of contract, on in the case of Construction Contracts, within two (2) days after receipt by the bidder of the notice of the City’s determination of non-responsiveness, non-responsibility or non-compliance. The proposer may file the Notice with the City by personal delivery, facsimile, electronic mail or U.S. mail, return receipt requested. A Notice of Intent to File a Protest is considered filed when received by the Director of Purchasing and Contracting.

(3) Within five (5) days after the notice of intent to protest was filed, the proposer must file a “written protest” that conforms with Section (C) below with the Director of Purchasing and Contracting. A written notice is considered filed when received by the Director of Purchasing and Contracting.

G. SPECIFIC FACTS OF PROTEST

The written protest shall:

(1) Include the name of the business being represented, name of protestor and/or contact person, title of the protestor/contact person, business address, telephone, and facsimile number(s);

(2) Identify the contracting activity and the project number of the solicitation, if any, and if a contract has been awarded, the contract number, if applicable;

(3) State with particularity the specific facts and grounds upon which the protest is based

(4) Include supporting exhibits, affidavits, documents or other evidence to substantiate the protest;

(5) Specify the relief or corrective action requested; and

(6) Be accompanied by the required filing fee as provided in the Section (H.)

The above shall form the basis for the review of the protest and no facts, grounds, documentation, or evidence not contained in the protester’s submission to the Director of

Purchasing and Contracting at the time the protest is filed shall be permitted in the consideration of the protest.

H. FILING FEE

(1) The written protest must be accompanied by a filing fee in the form of a money order or cashier’s check payable to the City of McAllen in an amount of:

i. in the case of a Protest of Solicitation, as indicated on the chart below; or

ii. in the case of a Protest of Award, based on the lowest responsive and responsible bid received by the City as indicated on the chart below:

(OR AS MAY BE UPDATED FROM TIME TO TIME)

(2) The purpose of the filing fee is to cover the City’s cost for determining a protest.

(3) If a protest is upheld by the Director of Purchasing and Contracting the filing fee shall be refunded to the protestor less any costs assessed for determining the protest. If the protest is denied, the filing fee shall be forfeited to the City.

I. STAY OF PROCUREMENT DURING PROTEST

Upon receipt of a protest filed pursuant to the requirements of this policy, the City, in its discretion, may elect not to proceed further with the solicitation or with the award of the contract until the protest is resolved by the Director of Purchasing and Contracting.

J. COSTS

All costs accruing from a protest shall be assumed by the protestor.

K. PROTEST DETERMINATION

The Director of Purchasing and Contracting shall review all information relevant to the protest and shall render a decision on the protest, with the advice of the City Manager and the City Attorney, in a prompt manner but not longer than thirty (30) days after the protest was received. The decision shall contain the action taken and the reason(s) for such action. The decision shall be mailed via certified mail, return receipt requested, to the protestor at the address set forth in the protest.

The decision rendered shall be final and no further action shall be considered or taken with respect to the protest, except as provided in Section (H).

L. PROTEST INVOLVING FEDERALLY FUNDED PROCUREMENTS

If the protest involves federal funds, the Director of Purchasing and Contracting shall accompany his respective decision with notice to the protestor of the right to appeal to the appropriate federal agency, which shall be identified by name and address. Such an appeal shall be filed with such federal agency within five (5) days of the protestor’s receipt of the rejection notice. An appeal to the appropriate federal agency shall conform to that agency’s rules of procedure governing protests.

M. COMPLIANCE WITH FILING REQUIREMENTS

The procedures and time limits set forth in this Policy are mandatory and are the proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the

ESTIMATED CONTRACT

AMOUNT

SUGGESTED

FILING FEE

ABOVE $5 MIL $5,000.00

BETWEEN $2 MIL & $5 MIL $3,000.00

BETWEEN $501K & $2 MIL $2,000.00

BETWEEN $251K & $500K $1,000.00

BETWEEN $25K & $250K $500.00

protest, including the filing of legal proceedings seeking administrative or judicial relief.

53. REQUEST FOR TAXPAYER INDENTIFICATION NUMBER AND CERTIFICATION

Bidder must submit fully completed and executed IRS Form W-9 as part of their bid submittal in the “Questions” tab of the bidding portal. Refer to www.irs.gov/FormW9 for current revision, instructions, and the latest information.

54. VET HUB CERTIFICATION

State Certified “VET HUB Vendor(s)” are asked to provide a copy of their certification, if they have not previously done so (information to be emailed to the Purchasing & Contracting Department at bids@mcallen.net.

END OF SECTION

REQUEST FOR STATEMENT OF QUALIFICATIONS FOR

PROJECT NO. 08-26-S114-970

SUBMITTAL DEADLINE: THURSDAY, AUGUST 27, 2026 AT 3:00 PM

GENERAL CONDITIONS:

I. INTRODUCTION AND PURPOSE

The City of McAllen is soliciting a Statement of Qualification (herein after “SOQ”) from experienced Architectural firms for professional architectural design services in the preparation of construction documents. The selected firm(s) will report to, and operate under, the direction of City of McAllen’s Department of Engineering staff. Must have a Texas Licensed Professionals with superior background, training, and qualifications meeting all requirements of this SOQ, Registered or licensed in the State of Texas.

II. GENERAL INFORMATION

Consideration will be limited to firms that have demonstrated successful experience in the design of projects of similar scope for the public sector. The firm selected should be familiar with the unique needs of this type of development and must have the ability to work and interact with various City departments through the design and construction of this facility.