2026-046 Design of Primrose Water Reclamation Facility.pdf

Create: 8/26/2026 Issued: 9/3/2026

City of Fulshear Request for Qualifications

Design of Primrose Water Reclamation Facility RFQu 2026-046

Purchasing www.publicpurchase.com

Tuesday, October 6th, 2026 2:00 PM (Central)

SUBMIT RESPONSES TO: SUBMIT NO LATER THAN:

Results will not be given by phone.

Results will be provided to vendor in writing after City Council award.

Requests for information must be in writing and directed to:

www.publicpurchase.com

Vendor Responsibilities:

Download and complete any Addenda. (Addenda will be posted on www.publicpurchase.com no Later than 72 hours prior to opening) Submit response in accordance with requirements stated on the cover of this document.

DO NOT submit responses via email or fax.

1.0 PURPOSE AND INTENT:

The City of Fulshear (“City”) is issuing a Request for Qualifications (“RFQu”) from interested firms (“Respondents”) with demonstrated competence and qualifications to perform the professional engineering services described herein. The City will rank qualified responses and negotiate a fair and reasonable price that is consistent with, and not higher than, the recommended practices and fees published by the applicable professional associations, and that do not exceed any maximum provided by law. Price shall not be submitted with the Statement of Qualifications.

The City is not obligated to enter into any contract with any Respondent on any terms or conditions.

Furthermore, the City reserves the right to conduct interviews with Respondents without any further obligation. From the proposals received, the intent is to award one contract to a qualified firm. The Project overview and general scope of services are provided in Section 2.0 of this RFQ.

The detailed Scope of Services is provided in Exhibit A, which is incorporated herein by reference. This solicitation is issued in accordance with the Texas Professional Services Procurement Act (Texas Government Code Chapter 2254). If a satisfactory contract cannot be negotiated with the highest-ranked firm, the City will formally terminate negotiations and proceed to the next highest-ranked firm.

2.0 SCOPE OF SERVICES:

The proposed project consists of the planning and design of an initial 1.0-million-gallon-per-day (MGD) water reclamation facility at the Primrose site. The facility is intended to support the City’s long-term wastewater treatment capacity, environmental stewardship, and water-reuse objectives.

The project is anticipated to use membrane-based treatment technologies, including membrane bioreactor (MBR) and ultrafiltration (UF) processes, as appropriate for the selected treatment train and regulatory requirements.

The selected firm will be expected to evaluate treatment alternatives, develop a defensible basis of design, coordinate with the Texas Commission on Environmental Quality (TCEQ), prepare complete construction documents, support procurement and construction, and assist the City through startup and commissioning. The design should also consider future expansion, process redundancy, energy efficiency, operational simplicity, lifecycle cost, resiliency, and integration with the City’s reuse system.

A detailed description of the required scope of services is provided in Exhibit A – Detailed Scope of Services, attached hereto and incorporated into this RFQ by reference. Respondents should review Exhibit A in its entirety when preparing their qualifications and proposed approach to the Project.

The City seeks a consulting partner that demonstrates technical excellence, integrity, innovation, responsiveness, and exceptional client service. The selected firm is expected to serve as a trusted advisor and provide practical recommendations supported by sound engineering judgment, transparent analysis, and a clear understanding of municipal operations.

2.1 City Expectations: The selected firm shall be expected to:

Communicate proactively and provide timely, decision-ready information to City staff;

Maintain accountability for scope, schedule, budget, risk, quality, and interdisciplinary coordination;

Provide experienced personnel who remain actively engaged throughout the Project;

Apply value engineering and lifecycle-cost principles without compromising reliability, safety, maintainability, or regulatory compliance; and Deliver clear, complete, and coordinated work products suitable for permitting, bidding, construction, and long-term City use.

3.0 QUALIFICATIONS SUBMISSION:

Interested firms must submit a detailed Statement of Qualifications (SOQ) that demonstrates their competence and experience in providing the professional engineering services outlined in this RFQu. Submissions should include all documents listed in sections 3.1 and 3.2. All submissions must be completed in accordance with the instructions and format provided in this document and delivered electronically via the specified submission portal by the stated deadline. Late submissions will not be considered.

3.1 Submission Format — The SOQ shall be submitted as one searchable PDF document and should include clear section bookmarks. The SOQ shall be organized in the same order as the requirements listed in this section. All pages shall be consecutively numbered, and all exhibits and supporting information shall be clearly identified.

3.2 Statement of Qualifications Requirements

SOQs should be concise, well organized, and presented in the order listed below. The City may consider clarity, completeness, and adherence to the requested organization when determining responsiveness. Do not include fees, hourly rates, cost proposals, or other pricing information.

Cover Letter and Executive Summary — Provide a signed cover letter identifying the legal name of the respondent, primary contact, office responsible for the work, and confirmation of the firm’s commitment to provide the proposed team. Summarize the firm’s qualifications and the reasons it is well suited for the project.

Firm Qualifications and Capacity — Describe the firm’s history, ownership, years in operation, office locations, organizational structure, professional registrations, financial and organizational capacity, quality-management program, and ability to support the project through completion.

Relevant Experience — Provide at least five relevant membrane-based wastewater treatment or water-reuse projects completed or substantially completed within the last ten years. For each project, include client, location, capacity, treatment process, type of reuse or discharge, year completed, construction cost, firm role, key personnel involved, and client reference.

Key Personnel and Team Organization — Identify the project manager, principal-in-charge, technical leads, and key subconsultants. Provide an organization chart, concise resumes, project responsibilities, relevant certifications, availability, current workload, and prior experience working together.

Modifications to the Offeror’s team or key individuals identified herein are discouraged. The City will not approve requests for modification without justification. Examples of justification include death of a team member, changes in employment status, bankruptcy, inability to perform, organizational conflict of interest, or other such significant cause.

In order to secure City’s approval prior to the award of the contract, a written request shall be forwarded to the Contracting Officer. The request shall include:

- the nature of the desired change,

- the reason for the desired change, and

- a statement of how the desired change will meet the required qualifications for the position/responsibility. No such modification will be made without prior City approval. Offeror shall provide an acknowledgement of this requirement.

Project Understanding and Technical Approach — Describe the firm’s understanding of the project, critical decisions, technical challenges, regulatory path, data needs, stakeholder coordination, risk-management approach, and recommended delivery strategy from preliminary engineering through commissioning.

Design & Technical Capabilities — Describe demonstrated expertise in membrane process design, biological treatment, solids handling, disinfection, odor control, reuse water, hydraulic and process modeling, SCADA and controls, electrical systems, resiliency, site development, and multidisciplinary design coordination.

Regulatory and Municipal Experience — Describe experience with TCEQ permitting and Texas wastewater and reuse requirements, as well as experience delivering comparable projects for municipalities and public utilities. Identify anticipated permitting risks and the firm’s approach to agency coordination.

Innovation, Value Engineering, and Lifecycle Cost — Provide examples of innovations, value-engineering recommendations, operational improvements, or lifecycle-cost strategies that produced measurable benefits on comparable projects.

Project Schedule and Availability — Provide a high-level schedule showing the anticipated sequencing of major phases, decisions, permitting activities, design milestones, bidding, construction support, and commissioning. Identify the proposed team’s availability and any known workload constraints.

References and Performance — Provide at least three references for comparable projects.

Identify any material claims, disputes, terminations, or professional-liability matters involving the respondent or proposed team during the last five years, with a concise explanation of status and resolution.

Supplemental Technical Questions — Respond to the technical questions provided in Exhibit B – Supplemental Technical Questions. Responses will be evaluated separately in accordance with the evaluation criteria and weighting provided in Section 4.0.

4.0 STATEMENT OF QUALIFICATIONS SUBMISSION AND EVALUATION:

All submittals must be submitted electronically through www.publicpurchase.com. All Submittals are required to be submitted electronically in (1) one PDF document.

The City will use an evaluation panel comprised of City personnel to review the Respondent’s Statement of Qualifications (SOQ). The City will score each Statement of Qualifications (SOQ) based on the evaluation criteria and weights listed in the matrix below. Should the City choose to interview firms, those firms will receive notification of the date and time of the interview. The firm will be presented to City Council at a regularly scheduled meeting for consideration of approval.

The City of Fulshear will not provide compensation or defray any cost incurred by any firm related to the response to this request. The City reserves the right to reject any or all SOQs, waive informalities or irregularities, request clarifications, and revise the solicitation schedule as circumstances require. Respondents will be ranked in order of demonstrated qualifications, and the City will begin negotiations with the highest-ranked firm in accordance with applicable law.

4.1 Clarification: The City may request written clarifications or supplemental information from any Respondent to assist in the evaluation of a Statement of Qualifications. A request for clarification shall not constitute an opportunity for a Respondent to materially revise, replace, or supplement its original SOQ.

Failure to respond within the time specified by the City may result in the SOQ being deemed non-responsive.

Criteria Points

Firm Qualifications 10

Relevant Experience 20

Key Personnel 15

Technical Approach 20

Design & Technical Capabilities 10

Innovation & Value Engineering 10

Local Government Experience 5

Formatting 5 Total 95

Supplemental Technical Questions (Exhibit B) 5

Total Possible Points 100

5.0 GENERAL REQUIREMENTS:

5.1 Read this entire document carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. Be sure you understand them.

5.2 These General Requirements apply to all advertised submittals; however, these may be superseded, in whole or in part, by the scope, special requirements, specifications, special specifications, or other data contained herein.

5.3 Governing Law: Firm is advised that these requirements shall be fully governed by the laws of the State of Texas and that the City of Fulshear may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements.

5.4 Response Returns: Firms must return all completed submittals to the City of

Fulshear Purchasing Department, electronically, to www.publicpurchase.com no later than 2:00 P.M. on the date specified. Late responses will not be accepted.

Submittals must be submitted electronically to www.publicpurchase.com.

5.5 Addenda: All questions and requests for clarification regarding this RFQ shall be submitted in writing through Public Purchase by the deadline established in the Solicitation Schedule. No oral interpretation, explanation, or clarification shall be binding upon the City.

Any interpretation, clarification, or modification to this RFQ shall be issued only by written addendum and posted through Public Purchase. It is the sole responsibility of each Respondent to monitor Public Purchase and review all addenda issued by the City prior to submitting its Statement of Qualifications.

Respondents shall acknowledge receipt of all addenda in their Statement of Qualifications or in the manner otherwise specified by the City.

5.5.1 Communications: All communications regarding this RFQ shall be directed through the City's Purchasing Department in accordance with the instructions contained in this solicitation. Respondents shall not contact members of the evaluation committee, City Council, or other City personnel regarding this solicitation except as expressly authorized by the City.

Questions and requests for clarification shall be submitted through Public Purchase by the deadline established in the Solicitation Schedule. Oral interpretations or representations shall not be binding. Any clarification, interpretation, or modification to this RFQ shall be issued only by written addendum.

5.6 Term Contracts: If the Contract is intended to cover a specific time period, said time will be given in the specifications under scope.

5.7 Awards and Contract Negotiations: The City reserves the right to reject any or all SOQs, waive informalities or irregularities, request clarifications, and revise the solicitation schedule as circumstances require. Respondents will be ranked in order of demonstrated qualifications in accordance with applicable law. The City intends to negotiate a contract with the highest-ranked Respondent. If the City is unable to negotiate a satisfactory contract, negotiations may be formally terminated and the City may proceed to negotiate with the next highest-ranked Respondent in accordance with applicable law.

5.8 Contract Obligation: The City of Fulshear City Council must award the Contract, and the City Manager or other person authorized by the City of Fulshear City Council must sign the Contract before it becomes binding on the City of Fulshear or the Firms. Department heads are not authorized to sign agreements for the City of Fulshear. Binding agreements shall remain in effect until all products or services covered by this purchase have been satisfactorily delivered and accepted.

5.9 Additional requested Terms and Conditions: The terms and conditions will be provided in the City’s standard professional services agreement. The City will not accept any additional terms and conditions from the firm.

6.0 COMPLETION TIME & PAYMENT:

6.1 The City of Fulshear shall pay the selected Firm, in current funds for the selected

Firm’s performance of the Contract, the contract sum, as stated herein, after receipt of a purchase order issued by the City of Fulshear Purchasing Administrator.

Payments will comply with Texas Government Code Chapter 2251.

6.2 Based upon invoices submitted to the City of Fulshear’s Finance Department, the

City of Fulshear shall make progress payments on account of the contract sum to the selected Firm as provided below and elsewhere in the Contract documents.

6.2.1 The period covered by each invoice shall be one calendar month ending on the last day of the month.

6.2.2 Provided an invoice is received by the City of Fulshear Finance Department not later than the 15th day of a month, the City of Fulshear shall make payment to the Firm not later than the 15th day of the next month. If an invoice is received by the City of Fulshear Finance Department after the invoice deadline fixed above, payment shall be made by the City of Fulshear not later than 30 days after the City of Fulshear Finance Department receives the invoice.

6.3 The Selected Firm will permit the City of Fulshear or any duly authorized agent of the City of Fulshear to inspect and examine the books and records of the selected Firm for the purpose of verifying the amount of work performed under the Contract. The City of Fulshear’s right to inspect survives the termination of the Contract for a period of five (5) years.

6.4 Invoices should be submitted electronically to:

Attn: Accounting Email: accounting@fulsheartexas.gov

6.5 Budget: Firms understand and acknowledge that the funding of this project is contained in the City of Fulshear’s annual budget and is subject to the approval of the City of Fulshear City Council in each fiscal year. Firms further agree that should the City Council of the City of Fulshear fail to approve a budget that includes sufficient funds for the continuation of this project, or should the City of

Fulshear City Council fail to certify funds for any reason, then and upon occurrence of such event, the Contract shall automatically terminate as to the City of Fulshear, and the City of Fulshear shall then have no further obligation to the selected Firm. When the funds budgeted or certified during any fiscal year by the City of Fulshear to discharge its obligations under the Contract, the selected Firm’s sole and exclusive remedy shall be to terminate the Contract.

7.0 LIMIT OF APPROPRIATION:

Prior to the execution of this Contract, the selected Firm has been advised by the City of Fulshear and the selected Firm clearly understands and agrees, such understanding and agreement being of the absolute essence to this Contract, that the City of Fulshear shall have available only those funds specifically allocated in this Contract to fully discharge any and all liabilities which may be incurred by the City of Fulshear in bringing this project to an absolute conclusion, resulting in a complete, fully furnished, fully equipped, and fully usable facility, and that the total of any and all basic construction costs, costs of providing the required services and materials, all fees and compensation of any sort to the selected Firm, and any and all costs for any and all things or purposes coming inuring under or out of this Contract, irrespective of the nature thereof, shall not exceed said specifically allocated sum, notwithstanding any word, statement or thing contained in or inferred from the preceding provision of this Contract which might in any light by any person be interpreted to the contrary.

8.0 RIGHT TO ASSURANCE:

Whenever the City of Fulshear, in good faith, has reason to question the selected Firm’s intent to perform, the City of Fulshear may demand that the selected Firm give written assurance of its intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the City of Fulshear may treat this failure as an anticipatory repudiation of the Contract.

9.0 INSURANCE AND INDEMNIFICATION:

9.1 To the extent allowed by law, the selected Firm (the “Firm”) INDEMNIFIES and

HOLDS HARMLESS the City of Fulshear, its officers, agents, and employees against all costs and expenses, including, without limitation, attorneys’ fees and costs of investigation and defense, as well as legal liability, whether from suit, judgment, settlement or otherwise arising out of any or all claims for injury to persons or property, including but not limited to injuries resulting in death, arising from, or caused by, or incident to any wrongful or negligent act of the Firm, the Firm’s agents, invitees, servants, and employees upon the property of the City, or arising or resulting from any intentional tort or intellectual property infringement for which the Firm is responsible, or for any failure to pay a subfirm or supplier relating to the performance of Services under this Agreement. Any language to the contrary notwithstanding, the covenants and agreements contained in this paragraph survive the termination of this Agreement for whatever cause.

9.2 Commercial General Liability Insurance: Firm must maintain comprehensive commercial general liability insurance, covering the City of Fulshear and the Firm for liability for property damage, bodily injury, personal injury, and death. The insurance provided under this Contract must be in the amount of not less than $1,000,000 per occurrence for property damage and not less than $1,000,000 per occurrence for bodily injury, personal injury, or death. This insurance must protect against liability to any employees or servants of the Firm and to any other person or persons whose property damage, personal injury, bodily injury, or death arises out of or in connection with the performance of any services under this Contract and must include (i) coverage for premises and operations, (ii) coverage for products liability, and (iii) contractual liability coverage insuring the obligations of the Firm under the terms of this Contract. Such policy must name the City of Fulshear (and any successor or assign designated by the City of Fulshear) as an additional insured.

9.3 Umbrella Liability: Firm must maintain umbrella liability insurance, covering the

City of Fulshear and the Firm for liability for property damage, bodily injury, personal injury and death. The insurance provided under this Contract must be in the amount of not less than $1,000,000 per occurrence for property damage, including loss of use thereof, and not less than $1,000,000 per occurrence for bodily injury, personal injury, or death. This insurance must protect against liability to any employees or servants of the Firm and to any other person or persons whose property damage, personal injury, bodily injury, or death arises out of or in connection with the performance of any services under this Contract and must include (i) coverage for premises and operations, (ii) coverage for products liability, and (iii) contractual liability coverage insuring the obligations of the Firm under the terms of this Contract. Such policy must name the City of Fulshear (and any successor or assign designated by the City of Fulshear) as an additional insured.

9.4 Professional Liability: Firm must maintain professional liability insurance. The insurance provided under this Contract must be in the amount of not less than $1,000,000 per claim and must have an annual aggregate of not less than $1,000,000.

9.5 Workers Compensation and Employer’s Liability. Firm must maintain workers compensation insurance to protect against claims under Texas Workers Compensation laws as well as all Federal acts applicable to Firm’s operations on City property. The limit of liability for such coverage must at least meet applicable statutory requirements. Additionally, each policy must contain an endorsement waiving all rights against the City of Fulshear and the City of Fulshear’s respective agents and employees. Firm must maintain employer’s liability insurance in the minimum amount of $1,000,000 per occurrence for personal injury, bodily injury, or death to any employee of the Firm who may bring a claim outside the scope of the Texas Worker’s Compensation laws or Federal acts applicable to the Firm’s operation on City of Fulshear property. Each policy must contain an endorsement waiving all rights of subrogation against the City of Fulshear and the City of Fulshear’s respective agents and employees.

9.6 Waiver of Subrogation: The parties agree to waive any and all rights of recovery, claims, actions, or causes of action against the other, its agents, officers, and employees for any injury, death, loss, or damage that may occur to persons or to City of Fulshear property, or any personal property of such party on City of Fulshear property, by reason of fire, windstorm, earthquake, flood, or any other risks, or any other cause which is insured under the insurance policy or policies that either party is required to provide or maintain under this Contract, to the extent and only to the extent of any proceeds actually received by the City of Fulshear or the Firm, respectively, with respect thereto, regardless of the cause or origin, including negligence of either party hereto, its agents, officers, or employees, and each party covenants that no insurer will hold any right of subrogation against the other. If such waiver is not obtained, the party failing to do so indemnifies the other party for any claim by an insurance carrier arising out of subrogation.

9.7 Insurance Requirements: The phrases “Required Policy” and “Required Policies” mean each policy of insurance required to be maintained by the Firm under the terms of this Contract. Each Required Policy must be written by a company satisfactory to the City of Fulshear but, in all events, a company with an A.M. Best Company financial rating of not less than A:XII (or a similar rating by a comparable service selected by the City of Fulshear should A.M. Best Company cease providing such ratings) and be licensed to do business in Texas or, if the aforesaid is not available, by a company qualified to do business as a non-admitted insurer in Texas under current Texas surplus lines requirements. Such policies must be endorsed so as to require thirty (30) days’ prior written notice to the City of Fulshear in the event of cancellation. Required Policies must contain cross- liability clauses, when applicable and available. The Firm must deliver to the City of Fulshear a certificate of insurance for any Required Policy no later than five (5) business days after the award of this Contract. The required evidence of coverage must always be deposited with the City of Fulshear. If the Firm fails to do so, such failure may be treated by the City of Fulshear as a default by the Firm, and the City of Fulshear, in addition to any other remedy under this Agreement, may purchase and maintain such Required Policy, and the Firm must immediately reimburse the City of Fulshear for any premiums paid or costs incurred by the City of Fulshear in providing such insurance. Failure of the Firm to reimburse the City of Fulshear is a default by the Firm under this Agreement.

9.8 Indemnity for Noncompliance with Insurance Requirements: Firm INDEMNIFIES and HOLDS HARMLESS the City of Fulshear from any loss the Firm may suffer due to the Firm’s failure to comply with all the above insurance requirements, including the requirement for obtaining waivers of subrogation, and due to any insurance coverage being invalidated because of the Firm’s failure to comply with the terms, conditions, and warranties of any Required Policy.

9.9 No Indemnification by the City: The Firm and the City of Fulshear expressly acknowledge that the City’s authority to indemnify and hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require indemnification by the City of Fulshear is invalid.

Nothing in this Contract requires that the City of Fulshear incur debt, assess or collect funds, or create a sinking fund.

10.0 TERMINATION:

10.1 Termination: The City, upon giving thirty (30) days’ written notice to the Firm, may terminate this Contract for any reason, without cause, or simply for convenience. The Firm, upon giving thirty (30) days’ written notice to the City, may terminate this Contract for cause. Termination of this Agreement shall release each party from all obligations of this Agreement unless otherwise specified herein.

10.2 Obligations of Firm Upon Termination. Upon termination of this Contract, the

Firm shall promptly return to the City all information, files, documentation, media, related material, and any other material that is owned by the City, as well as any work product in progress. The Firm shall also cause the Project property or Project properties to be left in an organized and tidy manner and without hindrance to entry or use.

10.3 Obligations of City Upon Termination: Upon termination of this Contract, the City of Fulshear’s sole obligation shall be the payment of any valid, outstanding invoices and any work that has not yet been invoiced but was performed prior to the effective date of termination. The Firm agrees to render a final invoice to the City of Fulshear for services performed by the Firm prior to termination of this Contract within thirty (30) days after completion of the services performed.

11.0 SUSPENSION BY CITY OF FULSHEAR FOR CONVENIENCE:

11.1 The City of Fulshear may, without cause, order the Firm in writing to suspend, delay, or interrupt the Project in whole or in part for such period of time as City of Fulshear may determine.

11.2 An adjustment shall be made for increase in the cost of performance, caused by suspension, delay, or interruption. No adjustment shall be made to the extent:

11.2.1 That performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Firm is responsible.

11.2.2 That an equitable adjustment is made or denied under another provision of this Contract.

11.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee.

12.0 NOTICE:

12.1 All written notices, demands, and other papers or documents to be delivered to the City of Fulshear under this Contract shall be delivered to the Finance Department, Attn: Purchasing Administrator, 6611 West Cross Creek Bend Ln., Fulshear, Texas 77441, or at such other place or places as the City of Fulshear may from time to time designate by written notice delivered to the Firm. For purposes of notice under this Contract, a copy of any notice or communication hereunder shall also be forwarded to the following address: 6611 West Cross Creek Bend Ln Fulshear, Texas 77441, Attention: City Manager.

12.2 All written notices, demands, and other papers or documents to be delivered to the

Firm under this Contract shall be delivered to the Authorized Representative identified in the Contract documents or such other place or places as the Firm may designate by written notice delivered to the City of Fulshear.

13.0 RECORDS:

13.1 The City of Fulshear shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches, and other documents prepared pursuant to the Contract by Firm.

13.2 The Firm agrees to maintain and preserve for a period of at least five (5) years after the earlier of the expiration of the defects period or termination of this Contract accurate and complete records relating to the performance of the Project.

The Firm agrees to, upon request, provide the City of Fulshear with such records.

14.0 SUCCESSORS & ASSIGNS:

14.1 The City of Fulshear and the Firm bind themselves and their successors, executors, administrators, and assigns to the other party of this Contract and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Contract.

14.2 Neither the City of Fulshear nor the Firm shall assign, sublet, or transfer its interest in this Contract without the prior written consent of the other.

14.3 Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public and/or governmental body that may be a party hereto.

15.0 PUBLIC CONTACT:

Contact with the news media, citizens of the City of Fulshear, and governmental agencies shall be the sole responsibility of City of Fulshear. Under no circumstances, whatsoever, shall the Firm release any material or information developed in the performance of its services hereunder without the express written permission of the City of Fulshear, except where required to do so by law.

16.0 MODIFICATIONS:

This instrument contains the entire Contract between the parties relating to the rights herein granted and obligations herein assumed. Any oral or written representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent written modification signed by both parties hereto.

17.0 SILENCE OF SPECIFICATIONS:

The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used.

All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship.

Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid.

18.0 SEVERABILITY:

In the event one or more of the provisions contained in these requirements or the specifications shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and these requirements or the specifications shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

19.0 GOVERNING FORMS:

In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, the City of Fulshear's interpretation shall govern.

20.0 TAX EXEMPT:

City of Fulshear is exempt from state and local sales and use taxes under Section 151.309 of the Texas Tax Code. This Contract is deemed to be a separate contract for Texas tax purposes, and as such, the City of Fulshear hereby issues its Texas Exemption for the purchase of any items qualifying for exemption under this Contract. Firm is to issue its Texas Resale Certificate to firms and sub firms for such items qualifying for this exemption, and further, firm should state these items at cost.

21.0 TEXAS ETHICS COMMISSION FORM 1295:

21.1 Effective January 1, 2016, all contracts executed by City Council, regardless of the dollar amount, will require completion of Form 1295 "Certificate of Interested Parties," per Section 2252.908 of the Government Code. All firms submitting a response to a formal Bid, RFP, SOQ or any contracts, contract amendments, renewals or change orders are required to complete the Form 1295 online through the State of Texas Ethics Commission website. Please visit:

https://www.ethics.state.tx.us/filinginfo/1295/

21.2 On-line instructions:

Name of governmental entity is to read: City of Fulshear.

Identification number used by the governmental entity is: 2026-046

Description is the title of the solicitation: Design of Primrose Water Reclamation Facility

21.3 Firms will be required to provide the Form 1295 within three

(3) calendar days from notification; however, if your company is publicly traded you are not required to complete this form.

22. REQUIREMENTS FOR CONTRACTS:

The contents of this section are required by Texas Law or are necessary in order for the City of Fulshear to participate in this Contract. The following are included by the City of Fulshear regardless of content:

22.1 Budget. The Parties understand and acknowledge that the funding for payment of the Services is contained in the City’s annual budget and is subject to the approval of the City’s governing body in each fiscal year. The Parties further agree that should the City’s governing body fail to approve a budget that includes sufficient funds for the continuation of this Agreement, or should the City’s governing body fail to certify funds for any reason, then and upon occurrence of such event, this Agreement shall automatically terminate as to the City, and the City shall then have no further obligation to the Service Provider. When the funds budgeted or certified during any fiscal year by the City to discharge its obligations under this Agreement are expended, the Service Provider’s sole and exclusive remedy shall be to terminate this Agreement.

22.2 No Israel Boycott. The Service Provider hereby verifies that it does not boycott

Israel and will not boycott Israel through this Agreement. For purposes of this verification, “boycott Israel” means refusing to deal with, termination of business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

22.3 Foreign Terrorist Organizations. The Service Provider represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

22.4 Immigration. Service Provider represents and warrants that it shall comply with the requirements of the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.)

and all subsequent immigration laws and amendments.

22.5 Undocumented Workers. Service Provider certifies that Service Provider does not and will not knowingly employ an undocumented worker in accordance with Chapter 2264 of the Texas Government Code, as amended. If during the Term of this Agreement, Service Provider is convicted of a violation under 8 U.S.C. § 1324a(f), Service Provider shall repay the amount of the public subsidy provided under this Agreement, plus interest, at the rate of the prime rate plus six percent (6%) per annum, not later than the 120th day after the date the City notifies Service Provider of the violation.

22.6 Human Trafficking. By acceptance of this Contract, Firm acknowledges that the

City of Fulshear is opposed to human trafficking and that no City of Fulshear funds will be used in support of services or activities that violate human trafficking laws.

22.7 Nondiscrimination Against Firearm and Ammunition Industries. Service Provider verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the Term of this Agreement against a firearm entity or firearm trade association, as those terms are defined by Chapter 2274, Government Code, as enacted by S.B. 19, 87th Legislature, Regular Session.

22.8 Anti-Boycott of Energy Companies. Service Provider verifies that it does not boycott energy companies and will not boycott energy companies, as those terms are defined by Chapter 2274, Government Code, as enacted by S.B. 13, 87th Legislature, Regular Session, during the Term of this Agreement.

22.9 Public Information Act. Information, documentation, and other material in connection with this Agreement may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”).

Effective January 1, 2020, the requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and the Service Provider agrees that this Agreement can be terminated if the Service Provider knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent, if any, that any provision of this Agreement is in conflict with Texas Government Code, Chapter 552, as amended (the “Texas Public Information Act”), such provision shall be void and have no force or effect.

In accordance with Section 2252.907 of the Texas Government Code, the Service Provider is required to make any information created or exchanged with the City pursuant to this Agreement, regardless of contrary provisions contained herein, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the City.

22.10 Prohibited Access to Critical Infrastructure. Service Provider verifies that it does not contract with certain foreign-owned companies in connection with critical infrastructure and will not contract with certain foreign-owned companies in connection with critical infrastructure, as those terms are defined Chapter 113, Subtitle C, Title 5 of the Business & Commerce Code, as enacted by S.B. 2116, 87th Legislature, Regular Session, during the Term of this Agreement.

22.11 No Indemnification by the City. The Service Provider and the City expressly acknowledge that the City’s authority to indemnify and hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require indemnification by the City is invalid. Nothing in this Agreement requires that the City incur debt, assess or collect funds, or create a sinking fund.

22.12 Force Majeure. In the event either party is rendered unable, wholly or in part, by force majeure to carry-out any of its obligations under this Agreement, except the obligation to pay amounts owed or required to be paid pursuant to the terms of this Agreement, then the obligations of such party, to the extent affected by such force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided, but for no longer period. As soon as reasonably possible after the occurrence of the force majeure relied upon, the party whose contractual obligations are affected shall give notice and full particulars of such force majeure to the other party. Such cause, as far as possible, shall be remedied with all reasonable diligence. The term “force majeure,” as used herein, shall include without limitation of the generality thereof, acts of God, strikes, lockouts, or similar civil disturbances, acts of the public enemy, orders of any kind of the government of the United States of America or of the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, drought, arrests, restraint of government, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, and other inabilities of any party, whether similar or those enumerated or otherwise, which are not within the reasonable anticipation or control of the party claiming such inability, which such party should not have avoided by the exercise of due diligence and care.

22.13 Notices. All notices, demands, or requests from one party to another must be in writing and must be (i) personally delivered, (ii) sent by mail, certified or registered, postage prepaid, (iii) sent by facsimile transmission, or (iv) sent by overnight delivery, in any case to the address stated in this Section, or to such other address as the party may request in writing, and are deemed to have been given at the time of receipt or delivery.

IF TO CITY:

Attn: Purchasing Administrator 6611 W Cross Creek Bend Ln. Fulshear, Texas 77441 Email: cleal@fulsheartexas.gov

22.14 Applicable Law and Forum. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, without regard to the conflicts of laws principles thereof. The Parties agree and acknowledge that this Addendum may not cover all applicable laws or laws that the City may be required to follow.

Any action or suit related to this Agreement must be brought in the state or Federal courts sitting in Fort Bend County, Texas.

23. 0 AWARD:

The City intends to select and negotiate a contract with the highest-ranked Respondent based on demonstrated qualifications and in accordance with applicable law. If the City is unable to negotiate a satisfactory contract with the highest-ranked Respondent, the City may formally terminate negotiations and proceed to negotiate with the next highest-ranked Respondent.

24.0 SOLICITATION SCHEDULE:

Event Time Date Questions Deadline 10 AM (CST) 9/22/2026 Close Date 2 PM (CST) 10/6/2026

25.0 REQUIRED FORMS

25.1 Statement of Qualifications

25.2 Conflict of Interest Questionnaire

25.3 W9

Exhibit A

2026-046 Design of Primrose Water Reclamation Facility

Detailed Scope of Services

Project Management and Coordination — Prepare and maintain a project management plan; lead progress meetings and workshops; manage scope, schedule, budget, risks, decisions, action items, and coordination with City staff, stakeholders, utilities, and regulatory agencies.

Data Collection and Existing-Conditions Review — Review available master plans, flow projections, site information, geotechnical data, survey information, utility records, reuse objectives, and other relevant technical documents. Identify data gaps and recommend supplemental investigations.

Preliminary Engineering and Basis of Design — Confirm design criteria, City Design Standards, influent characteristics, average and peak flows, effluent and reuse requirements, process redundancy, hydraulic profile, site constraints, phasing, expansion strategy, and operational objectives. Prepare a preliminary engineering report or basis-of-design memorandum.

Treatment Process Evaluation and Pilot Testing — Evaluate membrane-based treatment configurations and ancillary processes, including pretreatment, biological nutrient removal, solids handling, disinfection, odor control, residuals management, and reuse-water treatment. Develop and implement pilot or treatability testing when warranted.

Regulatory and Environmental Coordination — Coordinate with TCEQ and other agencies;

support permit applications and amendments; address applicable design criteria, discharge and reuse requirements, environmental documentation, and agency comments through final approval.

Multidisciplinary Design — Provide complete civil/site, process, structural, architectural, mechanical, plumbing, electrical, instrumentation and controls, SCADA, security, geotechnical, survey, and environmental design services required for a fully functional facility.

Cost Estimating, Scheduling, and Value Engineering — Prepare progressively detailed opinions of probable construction cost and implementation schedules. Facilitate constructability, operability, maintainability, risk, and value-engineering reviews at appropriate design milestones.

Bidding and Award Assistance — The Design Firm shall support the procurement process by providing all plans, specifications, and the bid pricing form necessary for the City to prepare and issue the solicitation documents. The Design Firm shall respond to technical questions, attend pre-bid meetings as needed, review submitted bids for accuracy and completeness, and verify bidder qualifications and references. The Design Firm shall also assist the City in developing the award recommendation and be available to attend and support the Council meeting when the recommendation is presented for consideration.

Construction-Phase Services — Provide submittal and request-for-information review, site observations, change evaluation, pay-application support, testing coordination, record-document review, and other services required to support successful construction.

Startup, Commissioning, and Performance Testing — Develop commissioning plans and performance criteria; coordinate equipment checkout, startup, operator training, process optimization, reliability testing, and documentation of final performance.

Operations Readiness and Closeout — Assist with operations and maintenance manuals, standard operating procedures, asset data, spare-parts recommendations, staff training, warranties, final closeout deliverables (i.e. record drawings, CAD Linework, Surveys, GIS files), and final project closeout.

Future Expansion, Resiliency, and Reuse Integration — Develop a logical expansion plan and identify provisions for future capacity, changing regulations, technology upgrades, climate and weather resilience, emergency operation, and integration with planned reuse infrastructure.

Exhibit B

Supplemental Technical Questions

Provide concise, project-specific responses to the questions below. The City is seeking evidence of practical membrane-facility experience, sound engineering judgment, and the ability to translate technical issues into clear recommendations for municipal decision-makers.

1. Membrane Fouling and Recovery — Describe a membrane facility that experienced significant fouling or loss of permeability. Explain the root-cause evaluation, corrective actions, operational changes, and measurable results.

2. Preferred Treatment Configuration — Describe the membrane-based treatment configuration your team would initially consider for a Texas municipal reuse project of this scale and identify the project-specific data required before making a final recommendation.

3. Capital Cost versus Long-Term O&M — Explain how your team evaluates capital cost, energy use, chemical consumption, membrane replacement, staffing, solids handling, redundancy, and lifecycle risk when recommending a treatment alternative.

4. Startup and Commissioning — Describe your commissioning and startup process, including operator involvement, equipment testing, process seeding and optimization, performance testing, troubleshooting, documentation, and transition to steady-state operations.

5. Future-Proofing and Expansion — Explain how you would preserve flexibility for phased expansion, regulatory changes, more stringent nutrient limits, new reuse requirements, emerging contaminants, and future technology…