ESBD_368977_1721418091617_01 (00) - RFQ 24-18191-TF.docx

REQUEST FOR QUALIFICATIONS

RFQ 24-18191-TF

Professional Services for Lake Alan Henry Erosion Maintenance

City of Lubbock, TX

RFQ 24-18191-TF

Professional Services for Lake Alan Henry Erosion Maintenance

1. BACKGROUND

John T. Montford Dam and Lake Alan Henry play an integral role to the surrounding communities by providing the Sam Wahl Recreational area for extracurricular activities like boating, fishing, hunting, and camping etc. The Lake itself provides 19% of Lubbock’s water and is considered an important renewable resource. As the City of Lubbock continues to expand, we need to maintain our water sources and analyze them to ensure they will continue to be a reliable resource in the future.

Designed in 1990 by Freese and Nichols, Inc. this impoundment structure was finished in 1993 in cooperation with the City of Lubbock and the Brazos River Authority. The Dam is located 60 miles South East of the City of Lubbock near Justiceburg, Texas. The Dam impounds water in the South Fork of the Double Mountain Fork of the Brazos River, creating Lake Alan Henry.

The dry side of the dam structure is earthen, and is prone to erosion. Establishing vegetation has proved difficult. A geotextile mat was installed in 2013, and is failing. The City of Lubbock is looking for a long-term solution to protect the dam structure so that this facility can continue to serve the Citizens for many years to come.

1. PROJECT SCOPE OF WORK

A scope of services will be developed in conjunction with the negotiation of a not-to-exceed, professional services contract between the City of Lubbock and the selected qualified respondent. The scope of services set forth below is a general description of the services required to develop and complete this project and will be further developed during negotiations. The scope of services to be performed may include, but is not limited to, the following:

Assessment, Investigation, and Review Services

• Review all available and pertinent documents pertaining to the dry side of the dam including but not limited to inspection reports, engineering analyses/reports, record drawings, etc. See attachment A and B for the design of the dam and its erosion control.

• Perform site visits and coordination meetings, as necessary, to inspect and analyze the condition of the structure and its intended purposes.

• Based upon available record data and the field investigation, erosion control, stability, and serviceability analysis of the structure.

• Submit a preliminary assessment and engineering report of its erosion control, stability, and serviceability to City of Lubbock detailing findings, assumptions, conclusions, and recommendations regarding the erosion resistance, stability, and condition including proposed future scope and extent of further investigation and/or testing.

• Submit a final assessment and engineering report, following authorization by the City of Lubbock based on recommendations within the Preliminary Report and any additional testing authorized and conducted by the City. This should include final erosion control, stability, and serviceability assessment and engineering analysis report of the structure including all updated findings, conclusions, and recommendations regarding the erosion control, stability, and serviceability of the structure for current and future purposes.

• If corrective action or improvements are recommended, submit conceptual designs and life cycle costs to fully restore the dam’s erosion control and improve the structures stability and serviceability.

C. SELECTION AND AWARD PROCESS

The City of Lubbock uses a two-step process for the final selection of a qualified consultant.

Step 1 consists of a Qualifications package submitted by firms interested in being considered. The City may select up to five (5) short-listed firms based on an evaluation of the written materials submitted. Short-listed firms may be asked to submit additional information.

Step 2 consists of the selection of one finalist from with the short-listed firms. The City reserves the rights to expand the selection process to include interviews if deemed necessary. The City initiates negotiations with the selected consultant to develop a scope of work. If negotiations are unsuccessful, the City enters into the process with the next highest ranked short-listed firm. The contract is subject to approval by the City Council.

Professional services are procured in accordance with Chapter 2254 of the Government Code, Facilities Envelope Consulting Services 10, Subchapter A, and Professional Services. Selection of the most highly qualified respondent is made based on demonstrated competence and qualifications as determined by the City of Lubbock based on information provided in response to the RFQ.

NO INDIVIDUAL OF ANY CITY DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THE REQUEST FOR QUALIFICATIONS.

D. ELECTRONIC SUBMISSION PROCESS, DUE DATE, AND REQUIRED DOCUMENTS

Responses must be submitted not later than August 15, 2024, @ 2:00 p.m. though https://ci-lubbock-tx.bonfirehub.com. Allow time to upload.

E. CONTENTS OF STATEMENT OF QUALIFICATIONS ARE AS FOLLOWS AND MUST BE SUBMITTED AS REQUESTED

· A Letter of Interest addressed to the Honorable Mayor and City Council summarizing the Consultant’s understanding of the project and a brief description of the Consultant’s strengths to perform the work successfully.

· Cover sheet

· Table of Contents

· Statement of Qualifications Form

· Response to the Selection Submittals & Description of the Selection Criteria NOTE: The response should not exceed the maximum of 35 pages. Requested forms and the statement of qualifications form are not included in this maximum.

Include any information deemed pertinent that has not been included elsewhere in the response under : Appendix Page Limit: 10

F. SELECTION PROCESS

A Screening Committee reviews submittals and determines which qualified candidates are invited to present their qualifications further at an interview with the Screening Committee.

G. RIGHT OF CITY TO CANCEL REQUEST FOR QUALIFICATIONS, TO ELECT NOT TO AWARD, TO REJECT SUBMITTALS, AND TO WAIVE INFORMALITIES OR IRREGULARITIES The City expressly reserves the right to cancel the RFQ at any time, to elect not to award contracts cited in the RFQ, to reject any or all submittals, to waive any informality or irregularity in any submittal received, and to be the sole judge of the merits of the respective submittals received.

H. EQUAL OPPORTUNITY IN CITY BUSINESS CONTRACTING

Race, religion, sex, color, ethnicity, and national origin are not used as criteria in the City’s business contracting practices. Every effort is made to ensure that all persons regardless of race, religion, sex, color, ethnicity and national origin have equal access to contracts and other business opportunities with the City.

I. INQUIRIES AND INTERPRETATIONS

Responses to inquiries that directly affect an interpretation or change to the RFQ are issued in writing by the Purchasing and Contract Management Office as an addendum to the RFQ and posted on www. https://ci-lubbock-tx.bonfirehub.com. All such addenda issued by the Purchasing and Contract Management Office before the time that Qualification packages are received shall be considered part of the RFQ. Only those inquiries the Purchasing and Contract Management Office replies to by addenda and posts on https://ci-lubbock-tx.bonfirehub.com. shall be binding. Oral and other interpretations or clarifications are without legal effect

J. THE CITY RIGHT TO AUDIT

At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under the Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor.

K. NONAPPROPRIATION

All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non-appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the services covered by this Agreement is spent, whichever event occurs first (the “Non-Appropriation Date”). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non-Appropriation Date.

L. NON-ARBITRATION

The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control.

M. ASSIGNING OR SUBLETTING THE CONTRACT

The contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance from the Subcontractor that complies with all contract Insurance requirements document, this provision shall control.

N. DISCLOSURE OF INTERESTED PARTIES

House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: https://ci.lubbock.tx.us/departments/purchasing/vendor-information

A contract described by Subsection (b) of Government Code Section 2252.908 entered into by a governmental entity or state agency is voidable for failure to provide the disclosure of interested parties required by this section only if: (1) the governmental entity or state agency submits to the business entity written notice of the business entity ’s failure to provide the required disclosure; and (2) the business entity fails to submit to the governmental entity or state agency the required disclosure on or before the 10th business day after the date the business entity receives the written notice under Subdivision (1).

O. TEXAS GOVERNMENT CODE 2271.002

No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.

P. TEXAS GOVERNMENT CODE 2252.152

Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization.

Q. TEXAS GOVERNMENT CODE 2274

By entering into this Agreement, Contractor verifies 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 contract.

If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, 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 the contract against a firearm entity or firearm trade association.

Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract.

If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity’s constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds.

R. ANTI-LOBBYING PROVISION

During the period between proposal submission date and the contract award, proposers, including their agents and representatives, shall not discuss or promote their proposal with any member of the Lubbock City Council or city staff except upon the request of the City of Lubbock Purchasing Department in the course of city-sponsored inquiries, briefings, interviews, or presentations.

S. PROTEST

All protests regarding the RFQ process must be submitted in writing to the City Director of Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFQ process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law.

FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST.

T. ANTI-LOBBYING PROVISION

DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY-SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS.

This provision is not meant to preclude offerors from discussing other matters with City Council members or City staff. The policy is intended to create a level playing field for all potential offerors, assure that contract decisions are made in public, and to protect the integrity of the RFQ process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the offeror's proposal.

NO STATEMENT OF FEES FOR THE SUBJECT SCOPE OF WORK, EITHER HOURLY OR FIXED PROPOSAL COST, SHALL BE INCLUDED WITH THE SUBMITTAL.

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