ESBD_414735_1745876023230_582-25-00013-Solicitation-Final.pdf

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Cover Page

Date: 04/28/2025

Type of Solicitation: Request for Qualifications (RFQ)

Name of Solicitation: Emergency Action Plan (EAP)

Solicitation Number: 582-25-00013

Class 925 Item 23

Responses Due

May 27, 2025, at 3:00 PM Central Time

Pre-Proposal Conference

May 5, 2025, at 9:00 AM Central Time.

Pre-Proposal Conferences are held virtually, using Microsoft Teams Live Event.

See Page 6 for further details.

The link for the Pre-Proposal Conference is provided below:

Pre-Proposal Conference

Pre-Proposal Conference is not mandatory.

Deadline for Submission of Questions

May 8, 2025, at 3:00 PM Central Time

Anticipated TCEQ reply to Vendor Questions (This date is only an estimate):

May 15, 2025

Description:

The Texas Commission on Environmental Quality (TCEQ) requests professional engineering services which are discrete and severable for the purposes of issuing a contract award and work orders. The services pertain to performing Emergency Action Plan (EAP) development including inundation maps and simplified breach analyses for up to 15 small dams and 7 intermediate sized dams throughout the state of Texas.

The anticipated term of this contract will be one year from the date of signature.

Please note that funding for this Solicitation is sourced from a grant which is currently paused by issuing federal agency. Funding for this Solicitation is not guaranteed and there is no guaranteed minimum expenditure by TCEQ. Prices will remain firm for the term of any contract awarded from this Solicitation.

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Page 1 of 76 Request for Qualifications:

582-25-00013 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGEzN2YwM2UtNWIyZC00OTE4LThkYTAtM2IwZTE5MGIxYzFj%40thread.v2/0?context=%7b%22Tid%22%3a%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2c%22Oid%22%3a%2230f2ac8d-f3ef-4aab-a15c-d502cbfc4fc2%22%7d

Historically Underutilized Business (HUB) Subcontracting Plan Note:

Subcontracting opportunities have not been identified. See additional information under the Responder General Instructions.

PURCHASING AUTHORITY:

• Professional and Consulting Services (RFQ) Gov’t Code Section 2254.004

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Solicitation Table of Contents

SECTION 1: General Information

• Cover Page

• Solicitation Table of Contents

• TCEQ Points of Contact for This

Solicitation

• Response Submission Procedure

• Responder General Instructions

• FTPS User’s Quick Guide for Solicitations

SECTION 2: Scope of Work and Evaluation Criteria

• Scope of Work

• Evaluation Criteria o Statement of Qualifications Responder’s Company Qualifications

♦ Company Organization ♦ Company Ability to Perform ♦ Company Past Performance

Responder’s Company Client References o Responder’s Key Personnel Qualifications and Experience o Technical Approach and Work Plan

SECTION 3: Draft Contract Documents

• Contract Signature Page

• Contract Documents List

• Federal Conditions and Forms

• Special Terms and Conditions

• General Terms and Conditions

• Insurance Section

• Notices, Project Representatives, and Records Location

• Attachment A – Quarterly Status Report

• Attachment B – Schedule of Technical Deliverables (incorporated by reference when completed)

• Attachment C – Release of Claims

SECTION 4: Response Documents – To be submitted with Response, unless otherwise noted below

• Responder’s Signature and Information

• Response Contents (not submitted as part of Response)

• Signed Cover Pages of Addenda

• Statement of Qualifications

• Responder’s Key Personnel Qualifications and Experience

• Technical Approach or Work Plan

• Preferences

• HUB Subcontracting Plan Forms

• Certifications (not submitted as part of Response)

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TCEQ Points of Contact for This Solicitation

TCEQ Procurements and Contracts Representative

Primary Contact

Name: Yvette Owens Telephone: (512) 239-5715 Email: Yvette.Owens@tceq.texas.gov

Secondary Contact

Name: Demetria Avery Telephone: (512) 239-0368 Email: Demetria.Avery@tceq.texas.gov

Please allow one business day before contacting the secondary contact.

Exception: If there is less than 24 hours before a solicitation deadline, you may contact the secondary contact after attempting to contact the primary contact.

Except for contacting the HUB Coordinator, all communication regarding this solicitation must be directed to the TCEQ Procurements and Contracts Representative. If this requirement is not met, then the Response may be disqualified.

Email for Vendor Questions: Procurements&Contracts@tceq.texas.gov

TCEQ Historically Underutilized Business (HUB)

HUB Coordinator Name: Claribel Diaz Email: Claribel.Diaz@tceq.texas.gov

Assistant HUB Coordinator Name: Maria Rodriguez Email: Maria.Rodriguez@tceq.texas.gov

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Page 4 of 76 Request for Qualifications:

582-25-00013 mailto:Yvette.Owens@tceq.texas.gov mailto:Demetria.Avery@tceq.texas.gov mailto:Procurements&Contracts@tceq.texas.gov mailto:Claribel.Diaz@tceq.texas.gov mailto:Maria.Rodriguez@tceq.texas.gov

Response Submission Procedure via TCEQ’s File Transfer Protocol Secure (FTPS) Server

The Response (proposal) must be signed, and the Responder must submit the Response to TCEQ as one Adobe portable document format (PDF) searchable file.

Responses to the Solicitation may only be submitted to TCEQ’s FTPS server. The email address is listed below.

Responder must:

a. Upload the file(s) to TCEQ’s FTPS site,

b. Select the file(s) and click the “Share” button. Note: Press the Share button to share files, not the Share- or the Share√ buttons.

c. Enter esbd-response@tceq.texas.gov as the email address. Click "Add" and then “OK.” Click OK again to confirm the file share.

d. A “Notify Recipients” message will appear. Add the Solicitation Number, Solicitation Name, and the Due Date for Responses before the text in the box that says, “One or more files have been shared…” and send the message.

For instructions for using TCEQ’s FTPS Server, please visit:

FTPS User’s Quick Guide for Solicitations (https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx)

The FTPS User’s Quick Guide is also attached below (after Instructions).

For more detailed directions for using TCEQ’s FTPS Server, please visit:

TCEQ FTPS Help Page (https://ftps.tceq.texas.gov/help/)

Please note: Responses uploaded to TCEQ’s FTPS server without completing the share file(s) steps will not be considered submitted.

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Responder General Instructions

The terms response and proposal are used interchangeably to mean the submission by the Responder to this Solicitation.

Pre-Proposal Conference

Pre-Proposal Conference will be held virtually (no physical location). The date and time are listed on the Cover Page of this Solicitation.

Participants can join the Microsoft Teams Live event for this conference by following the link on the Cover Page. Participants will be asked to either download the Windows application or view the presentation on the web.

Any scheduling changes to the Pre-Proposal Conference made after the posting of this Solicitation will be announced in an addendum posted on the Electronic State Business Daily (ESBD) link https://www.txsmartbuy.gov/esbd.

Questions Regarding the Solicitation

Deliver questions in writing no later than the Deadline for Submission of Questions listed on the Cover Page. Questions must be submitted to the following email address:

Procurements&Contracts@tceq.texas.gov.

Please include the following information in the subject line of the email: Solicitation Number, Solicitation Name, and the Due Date for Responses.

TCEQ will provide answers to questions in one or more addenda posted on the ESBD. TCEQ may, at its sole discretion, extend the Due Date for Responses to provide Responders additional time to make revisions.

Addenda

Any changes to the Solicitation, deadline/due dates, and all responses to questions will be posted as addenda on the ESBD. All addenda are part of the Solicitation. No other explanations, interpretations, or changes will be considered official or binding. It is Responder’s responsibility to review all addenda.

Changes to the Terms and Conditions

Exceptions that are not advantageous to TCEQ may result in the deduction of points in the evaluation or disqualification of the Response. Requested changes to the terms and conditions must be labeled and included behind Tab 6.

Cost of Preparing the Response

The Responder is responsible for all costs incurred in the preparation and submission of a Response.

Quantity and Nature of the Work

Responders are required to inform themselves of all conditions which may affect the performance or the prices. By submitting a Response, Responder expressly waives any claims that there was a misunderstanding concerning the quantities or the nature of the Work.

Historically Underutilized Business (HUB) Subcontracting Plan (HSP)

A HUB Subcontracting Plan is not required because:

☒ TCEQ has not identified any subcontracting opportunities for this Solicitation.

☐ TCEQ expects the value of the Solicitation to be less than $90,000, including all renewals.

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582-25-00013 https://www.txsmartbuy.gov/esbd mailto:Procurements&Contracts@tceq.texas.gov

If the Responder’s proposal includes subcontracting opportunities or the potential value of any contract will exceed $90,000, including all renewals, then the Responder must include a HUB Subcontracting Plan.

The HUB Subcontracting Plan (HSP) forms and additional information about the HUB program are found at the Texas Comptroller’s website:

(https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php).

Preparation of Responses

Responses become TCEQ records and cannot be returned, except for Responses withdrawn by the Responder prior to the due date and time for Responses. Responses must be in the format of one (1) electronic searchable PDF document of the entire Response and shall not be password protected. In order for the Response to be deemed responsive, the electronic version must contain the entire Response. Additionally, the electronic version must contain a signed Responder’s Signature and Information page. If these requirements are not met, then the Response may be disqualified.

Prepare the Response as follows:

• Include all information listed on the Response Contents page.

• Obtain any missing applicable forms from TCEQ with sufficient time to complete and submit them in the Response.

• Complete the applicable, required forms in this Solicitation.

• Create any other applicable documents.

• Insert all applicable documents behind cover pages for the specified tabbed sections. If there is no information to include behind a tab, include a page behind the cover page for the tab stating “Not Applicable.”

• All pages of the Response shall be submitted to allow for printing on standard 8.5-inch X 11-inch paper. Any maps may be submitted to allow for printing on 11-inch X 17-inch paper.

Standard font size for the Response shall be 10 to 12 point. Charts and maps may use smaller font size, but not less than 8 point. Language shall be American English.

• If page limits are specified, any information provided by the Responder in excess of the allowable page limits will not be evaluated.

• Each page of the Response shall be labeled with the Responder’s name and the Solicitation number.

• Sign all documents that require a signature, including the Response on the Responder’s Signature and Information page. Create a PDF of each signed document and place behind the required tab. Responses not containing a PDF of a signed Responder’s Signature and Information Page may not be considered.

• Create a PDF of the entire Response for email submission to the TCEQ.

Submission of Responses

• Submit the Response by the due date and time on the Cover Page using FTPS, as specified under Submission Procedures section. TCEQ will not consider Responses submitted via any other method.

• If the Response lacks required information or does not follow these instructions, the Response may be considered non-responsive and disqualified. TCEQ is not responsible for documents that cannot be read. Unreadable Responses may be, at TCEQ’s discretion, rejected as non-compliant.

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Page 7 of 76 Request for Qualifications:

https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php

• Responses cannot be altered, amended, or withdrawn after the Due Date and Time. To withdraw a Response prior to the Due Date and Time, the Responder must submit the request to: Procurements&Contracts@tceq.texas.gov.

Due Date/Late Responses

It is Responder’s responsibility to ensure timely delivery of the Response to TCEQ by the date and time on the Cover Page of this Solicitation. Except under extreme circumstances beyond the control of the Responder, late Responses will not be considered. TCEQ will not be responsible for the failure of email services.

TCEQ’s Acceptance of Responses

TCEQ may reject Responses that do not comply with requirements in the Solicitation and state and federal laws. TCEQ may accept or reject all or any part of any Response, waive procedures for submitting Responses, waive formalities and/or minor technicalities, and award by item or groups of items, whichever best serves the interests of TCEQ. TCEQ may also cancel this procurement and withdraw this Solicitation at any time before a contract is signed by TCEQ.

TCEQ shall have sole discretion of what is in the best interests of TCEQ.

Evaluation

TCEQ will evaluate and score all Responses received within the published deadline for submission of Solicitation, except for those Responses that are disqualified due to failure of any pass/fail item, including HUB requirements. Because this solicitation is for engineering services, Responder(s) will be evaluated and selected in accordance with the procedures which are applicable to a Professional Services negotiated procurement. TCEQ will evaluate the Responders’ qualifications to determine the most highly qualified providers of the services, which will be based on the criteria that are described more fully in the Submittal and Evaluation of Statement of Qualifications document.

TCEQ will enter negotiations to negotiate a fair and reasonable price with the most highly-qualified Responder(s). If no agreement is reached with the most qualified Responder(s), TCEQ may negotiate with the next qualified Responder(s) according to rank.

Responders must not include a completed price form (Schedule of Pay Item Prices) with their Responses. The completed Schedule of Pay Item Prices must be returned only by qualified Responders if requested by TCEQ, in writing, to begin negotiations.

The pricing and all terms and conditions of Responses are fixed for 120 days from receipt by TCEQ. Best and Final Offers (BAFOs), if requested by TCEQ, are fixed for 60 days.

Selection

Depending on the applicable procurement method and solicitation type, in order to secure the best value for the State, TCEQ may take one or more of the following actions in the selection process:

• Accept the highest scoring Response without changes.

• Request clarifications, assurances, and corrections.

• Modify the selection criteria and apply it to BAFOs, provided that the modifications do not materially affect initial applicant eligibility or invitation to submit a BAFO. Conduct discussions on Responses scoring within a competitive range and request Best and Final Offers (BAFOs).

• Select the highest scoring BAFO and accept it without changes or negotiate acceptable terms.

• Award one or more contracts based on the amount of work that TCEQ foresees needing performed.

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mailto:Procurements&Contracts@tceq.texas.gov

• Award contracts to other contractors at a later date under this Solicitation or through another appropriate method, including another solicitation.

• In the case of a tie that cannot be resolved by application of one or more statutory preferences, make a selection, in the best interest of the State, by drawing lots, tossing a coin, or drawing names with two witnesses to oversee the tiebreaking activity.

Certification of Interested Parties

Section 2252.908 of the Texas Government Code states that a state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the state agency at the time the business entity submits the signed contract to the state agency. The contract is voidable if the business entity fails to provide the disclosure of interested parties as required by statute.

Form 1295 must be filed electronically through the Texas Ethics Commission at https://www.ethics.state.tx.us/filinginfo/1295/ . The web site includes a list of Frequently Asked Questions.

The selected vendor(s) for a contract that meet the requirements to provide a Certification of Interested Parties will be given instructions at the time of award on how to submit the certification form.

Protest Procedures

An actual or prospective Responder or Contractor who is aggrieved in connection with the Solicitation, evaluation, or award of a contract by TCEQ may formally protest to the TCEQ Manager of Procurements and Contracts. TCEQ Protest Procedures can be found at 30 Texas Administrative Code Part 1, Chapter 11, Subchapter B, § 11.2.

Public Information

The Response is a public record. By signing and submitting a Response, Responder hereby acknowledges:

• That the Response and subsequent documents submitted to TCEQ are subject to the Texas Public Information Act (PIA);

• That it is Responder’s obligation to specifically identify information it contends to be confidential or proprietary and accepts that TCEQ may in its sole discretions deem a Response as non-compliant; and

• That Responder grants a royalty-free, irrevocable, world-wide, perpetual license to reproduce any copyrighted portions of the Response and subsequent documents to comply with LBB reporting requirements, PIA disclosures, or any other reporting requirements mandated by law or statute.

Conflict of Interest

Responder shall disclose apparent, potential or actual conflicts of interest known with the Response in Tab 6. Responder has a continuing obligation to disclose conflicts of interest during this Solicitation, and if awarded a contract, during the Contract Period. TCEQ may refuse to contract with Responder or terminate any Contract due to an apparent, potential, or actual conflict of interest.

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582-25-00013 https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=30&pt=1&ch=11&rl=2 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=30&pt=1&ch=11&rl=2

FTPS User’s Quick Guide for Solicitations

How to Create an Account

1. Enter https://ftps.tceq.texas.gov/ut.php into your web browser.

Note: it is important to use the same computer when creating an account and when accessing emails from the FTPS system.

2. Click on the “Sign up a new account” button.

3. Enter a name (company name, for example) and an email address. These two fields are required to be completed. Click the Submit button when done.

4. A confirmation box will appear with additional information. Click the OK button.

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https://ftps.tceq.texas.gov/ut.php

5. Check for an email from ftp_account@tceq.texas.gov. To set up your password for your account, click on the link in the email. This will take you back to the FTPS site.

6. Set your password, then click the “Reset Password” button.

7. A box appears, confirming that your password has been reset. Click “OK.”

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mailto:ftp_account@tceq.texas.gov

How to Use FTPS to Upload Documents

1. Enter https://ftps.tceq.texas.gov into your web browser.

2. Enter your Username and Password. Click “Login.”

3. Click on the “Upload Files” button at the bottom of the screen.

4. From your computer, find and click on the file or files you want to upload. You can upload multiple files at one time.

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https://ftps.tceq.texas.gov/

5. The uploaded file(s) will now appear in the list. Place a check in the box beside the file or files to be shared. Once the files are selected, click the “Share” button.

6. In the pop-up “Share Files” box, enter esbd-response@tceq.texas.gov in the email address box and click the “Add” button. Confirm the correct email address was entered, and then click the “OK” button.

7. Another confirmation screen appears, displaying the file or files that have been uploaded and the email address. Click the “OK” button.

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mailto:esbd-response@tceq.texas.gov

8. IMPORTANT: The “Notify Recipients” box appears with pre-filled text. Insert the solicitation number and name in front of the pre-filled text. The text in the red box, below, is an example. Click the “OK” button.

9. A confirmation that the email was sent appears. Click the “OK” button.

10. You will be returned to the Home page. Click the “Logout” button in the top right corner.

-End-

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SECTION 2:

SCOPE OF WORK AND EVALUATION CRITERIA

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SCOPE OF WORK

1. FACTS AND PURPOSE

The Texas Commission on Environmental Quality (TCEQ) requests professional engineering services which are discrete and severable for the purposes of issuing a contract award. The services pertain to performing Emergency Action Plan (EAP) development including inundation maps and simplified breach analyses for an estimated total of up to 15 small dams and 7 intermediate sized dams throughout the State of Texas.

Figure: 30 TAC §299.13:

SIZE CLASSIFICATION

Category Impoundment

Maximum Storage (Acre- Foot)

Height (Ft.)

Small

Equal to or Greater than 15 and

Less than 1,000 Equal to or Greater than

50 and Less than 1,000

Equal to or Greater than 25 and Less than 40

Greater than 6 & Less than 40

Intermediate Equal to or Greater than

1,000 and Less than 50,000

Equal to or Greater than 40 and Less than 100

Large Equal to or Greater than

50,000 Equal to or Greater than 100

Note: No large sized dams are included in this scope of work.

Any information provided to, gathered, or produced by the CONTRACTOR in connection with providing services under this contract constitutes Confidential Information under Government Code §§ 418.176-77, and 181, and the CONTRACTOR will not release such information to the public or any third-party. Before divulging any information to the public or third parties concerning this project, the CONTRACTOR must obtain written permission from TCEQ. Confidential Information includes but is not limited to: technical details of any dams, spillways, dam environs, safety records and reports, structural plans, studies and reports, and inspection reports.

2. The CONTRACTOR will require the execution of a non-disclosure agreement by all employees, subcontractors, agents or other associated individuals who provide services under this Contract or may have access to any information provided to or produced by the CONTRACTOR related to providing services under this contract.

3. TCEQ RESPONSIBILITIES

A. Provide a list of the dams to have EAPs developed.

B. Review Technical Deliverables, within 60 days of submittal. Upon review, TCEQ will respond with either comments or a written approval. If comments are provided, the CONTRACTOR must submit the revised Technical Deliverable by

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the requested date, after which TCEQ will have an additional 30 days to review the updated deliverable.

C. Monitor and evaluate the progress and completion of the selected projects.

D. Provide the final breach report and EAP to the owner of the dam.

4. CONTRACTOR’S RESPONSIBILITIES

A. Act in accordance with the Texas Dam Safety Program statutes and rules provided in the Texas Water Code Section 12.052 and Title 30 Texas Administrative Code Chapter 299.

B. Any engineering studies must be approved, signed, and stamped by a qualified design professional registered in Texas.

C. Additionally, studies must be performed according to TCEQ Dam Safety Guidelines located at the following:

https://www.tceq.texas.gov/compliance/investigation/damsafetyprog.html.

D. Prepare EAP including inundation maps and breach analyses for the agreed upon list of high hazard existing dams, which are either small or intermediate in size.

E. Within 30 days of execution of this Contract, TCEQ and CONTRACTOR will agree on a written Schedule of Technical Deliverables, which will be incorporated into the Contract by reference upon agreement. The CONTRACTOR will notify the TCEQ before beginning any work on an EAP. Schedule is adjustable by mutual agreement by TCEQ and CONTRACTOR in writing. However, the contract end date adjustment would require a formal amendment.

F. CONTRACTOR must submit Quarterly Reports using the TCEQ provided template (Attachment A) in accordance with the table below. Contracts that begin or end within a reporting period will still be required to submit the quarterly report for that period. For example, if your contract is effective on October 25, your first quarterly report will be from October 25-December 31 and be due on January 15. Once the final invoice is submitted no further reports will be required. The final invoice must be conspicuously marked final.

FEMA

Quarter

Reporting Period Contractor Report Due Date

1 October 1 – December 31 January 15

2 January 1 – March 31 April 15

3 April 1 – June 30 July 15

4 July 1 – September 30 October 15

Final Report Within 45 Days after Project Completion

G. Access and review appropriate dam safety files and any other information prior to beginning each analysis.

H. Perform the breach analysis using the following methodology:

a. For channel and floodplain geometry, use aerial photography with Light

Detection and Ranging elevation data (LIDAR), if available, or topographic maps, supplemented by field surveys (as needed).

b. Determine data for storage, dam configuration and sections, and spillways from any available drawings or analyses for each dam. Field verification may be required.

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c. Develop stage-discharge-end area relationship at each valley section and road, bridge, and culvert sections using Hydrologic Engineering Center- River Analysis System (HEC-RAS) computer model.

d. Determine normal and maximum storage capacities and maximum spillway discharge capacities.

e. Use the Simplified Method breach procedure as contained in the TCEQ "Hydrologic and Hydraulic Guidelines for Dams in Texas" for breach discharges and inundation lengths.

f. Run the final HEC-RAS model with appropriate breach discharge at each valley section to determine water surface elevation, inundation widths, and velocities.

I. If comments are provided on the draft breach report and EAP, the CONTRACTOR must submit the revised draft breach report and EAP by the requested date, after which TCEQ will have an additional 30 days to review the updated deliverable.

J. Prepare the EAP within 8 months:

1. Use the templates as contained in the TCEQ "Guidelines for Developing

Emergency Action Plans for Dams in Texas.”

2. The dam owner should participate in meetings, discussions, planning, etc.

related to the EAP development.

3. Coordinate with the local emergency manager during preparation of the EAP.

4. Prepare a draft breach report and EAP for each dam. The report will summarize the methodology, provide input and output data, provide results, including an electronic copy of the HEC-RAS computer models, breach inundation shapefile, and provide the breach inundation map with elevations at each valley section location. The EAP will follow TCEQ guidelines and templates.

K. After review by TCEQ, and all comments are addressed, submit the final report and EAP.

5. DESCRIPTION OF DELIVERABLES

A. Technical Deliverables.

1. Within 30 days of execution of this Contract, TCEQ and CONTRACTOR will agree upon a written Schedule of Technical Deliverable due dates for the following:

• Simplified Breach Analysis

• Inundation Map

• EAP including the breach analysis information and inundation map

2. The Technical Deliverables can be submitted in hard copy or in an electronic format agreed to by the Parties.

3. TCEQ will review Technical Deliverables in accordance with Article 4(C) of the Scope of Work.

B. Administrative Deliverables.

1. Project Management. CONTRACTOR must plan, initiate, and oversee work performed under this Contract to ensure that the project is completed on budget and within the specified time period. Time spent toward Project Management must be included in each Quarterly Report.

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6. INVOICING

Invoicing. The Contractor will submit an invoice upon the full completion of each dam’s EAP, including the simplified breach analysis and inundation map, and acceptance of the EAP by TCEQ. Multiple dam’s EAPs may be included on one invoice as long as each charge is itemized by dam.

7. ADDITIONAL INFORMATION

MINIMUM RESOURCES REQUIRED

Each breach analysis must be performed by at least one qualified Texas licensed professional engineer with previous breach analysis experience as described in Evaluation of Responses, Statement of Qualifications, Part 2. The engineer must sign, seal, and date the completed report as provided by the rules of the Texas Board of Professional Engineers.

DELIVERABLES

A complete set of deliverables includes at least one complete copy of the final report and EAP for each owner of the dam, if there are multiple owners, and one copy for TCEQ. Deliverables shall be provided to the TCEQ project manager. Each completed report shall consist, at a minimum, of the following:

Breach Report

Basic Information – Include the name of the dam, the owner’s name, the location of the dam (stream name, county name, and updated latitude and longitude), the National Inventory number, the downstream hazard classification, the size classification, and the date of the analysis. The latitude and longitude should be recorded in decimal degrees and carried out to six decimal places. A location map should be included.

Methodology – Include a description of the methods used, including equations and resulting values. Any/all limitations or assumptions that were implemented in the modeling should be noted. When/if a calculated inundation length extends beyond the confluence with a larger receiving stream, associated pre-breach flow in the receiving stream shall be modeled with 1oo-year flow data, and the breach report should note the source and values implemented.

Supporting Calculations – Include normal and maximum storage capacities, maximum spillway discharge capacities, peak breach discharge capacities, inundation length, roughness coefficients used, HEC-RAS input data, HEC- RAS tabular output data, HEC-RAS output data at cross sections, and any other supporting data. This information can be included as appendices. An electronic copy of the HEC-RAS model should also be included.

Hazard Classification – Based on the analysis, is the current hazard classification appropriate, or should it be changed?

Inundation Maps – Include aerial views and topographic contours of the inundation zone and HEC- RAS model cross-section locations. Maps should identify houses or other structures and other points of interest (including applicable roads) that support the hazard classification.

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Cross Section Summaries – Include a tabular summary of model results, including cross section identifications, potential hazards with model stations, maximum water surface elevations, minimum impact elevations of potential hazards, and breach discharges.

Impacted Structure Summaries – Include a tabular summary of houses, structures, or other infrastructure impacted, including model station location and maximum water surface elevation. Provide a .Keyhole Markup Language (KML) file of the inundation limits.

Emergency Action Plan

Title Page – Include the official dam name, inventory number, owner’s name, engineer’s name and report date.

Purpose – Identify emergency conditions threatening a dam, expedite effective responses to prevent a dam failure, and prevent or reduce loss of life and property damage should a dam failure occur.

General Description – A description of the dam and its location must include name of dam, name of stream, location of dam, latitude and longitude (in decimal degrees),owner’s name, address, and phone number, type of dam, size classification, downstream hazard classification, dam height, length, and crest width, spillway types and capacities, elevation at top of dam and spillway crest, normal and maximum storage values, and impoundment surface area.

Responsibilities – The EAP must identify all of the following information:

• Person(s) responsible for the operation and maintenance of the dam.

• Person(s) responsible for observing the dam during extreme flooding events, during holidays, on weekends, and during normal conditions.

• Person(s) responsible for implementing each of the required phases of the EAP.

• Person(s) in charge of emergency response.

• Communication and coordination channels.

• Location of the incident command center or emergency operating center.

• Lines of succession and assumptions of responsibility necessary to ensure uninterrupted emergency-response actions under any conditions.

Notification Flowcharts – Identify distress conditions at the dam and notify all the affected political jurisdictions and appropriate state and federal agencies of such conditions and the possible consequences. Use notification flowcharts to identify the jurisdictions and agencies. The notification flowcharts must be located near the front of the EAP and be clearly marked with tabs or other means.

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Inundation Maps – An inundation map is used to depict areas that could flood if a dam fails and must be included in the EAP. The following provisions need to be included/addressed for inundation maps:

• Size should not exceed 11 inches by 17 inches for ease in inclusion in

EAPS

• Choose scales that allow for clear depiction of structures and major infrastructure, yet that do not generate a large number of sequenced maps that would be difficult to interpret during an emergency by non-technical personnel.

• Current aerial photos with reasonable clarity should be used as the basemap

• Should show an outline of the area that would be inundated in the event of a dam failure at sufficient scale and in enough detail to identify areas, including dwellings, roads, low-water crossings, and other critical structures (schools, assisted-living facilities, hospitals, etc.) likely to be directly affected.

Possible Emergency Conditions – The three possible emergency conditions are watch, possible dam failure, and imminent dam failure. A minimum of two flowcharts are typically necessary to adequately address the watch and possible or imminent dam-failure conditions.

Preventative Actions to Be Taken – Preparedness actions involve the installation of equipment or the establishment of procedures for one or more of the following purposes:

• Preventing emergency conditions from developing, if possible, or warning of the development of emergency situations.

• Facilitating the operation of the dam to limit impacts in an emergency situation.

• Minimizing the extent of damage resulting from any emergency situations that do develop.

There are several types of actions that you must include in the EAP, including:

• Surveillance. At dams that are normally unattended, give special consideration to providing for full-time surveillance during and after emergencies such as a major flood or earthquake. Since an EAP has little value unless it can be implemented quickly, surveillance at the dam helps ensure enough time to warn the public.

• Response during weekends and holidays. Identify the personnel that will be present and specific actions that are required for emergency response on weekends and holidays.

• Response during periods of darkness and adverse weather.

Describe the actions to be taken to illuminate the spillway and distressed areas and to facilitate the operation of gates or other emergency equipment.

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• Access to the site. Identify primary and secondary routes for reaching the site under various conditions. Special attention should be given if the main access road crosses the downstream channel, which could be closed by floodwaters.

• Alternative systems of communication. Identify alternative channels of communication to be used in case of failure of the primary system or other systems.

• Lower the reservoir water level. If applicable, describe when and how this action will be taken.

Supplies and Resources – The EAP must identify all of the following supplies and resources:

• Support capabilities, such as personnel or organizations (including the dam owner’s engineer) that can render assistance, and the procedures for contacting them.

• The location of supplies and equipment that are available for use in remedial actions, preferably as close as possible to the dam.

• Procedures for emergency procurement of supplies and equipment needed for remedial actions.

• Remedial construction and other activities that should be done to prevent a failure of the dam, and who will carry them out.

• For each applicable item, include specific contact names along with their function, their business or agency, and contact information.

Implementation Procedures – After the draft EAP is complete and before final approval, submit the draft to the TCEQ Dam Safety Section for review and comment. After you receive comments from the TCEQ, revise the EAP and take steps to implement it.

Supply copies of the completed EAP, including the inundation map, to the TCEQ and to appropriate local officials. A copy must also be provided for the local office of the National Weather Service in order to allow the development of customized watch and warning messages. (These messages can be used instead of those given as examples in Appendices C and D of the Guidelines for Developing Emergency Action Plans for Dams in Texas.)

Schedule briefings with local officials to facilitate the incorporation of information on dam-failure planning in the emergency management plans of local governments.

(End of Scope of Work)

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EVALUATION CRITERIA

ENVIRONMENTAL QUALITY

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EVALUATION CRITERIA

Responders will be evaluated based on Qualifications alone. The approach and procedures are those which are applicable to a procurement of professional services. The Responders will be ranked by Qualifications. If no agreement is reached with the most qualified Responder, the TCEQ will negotiate with the next qualified Responder according to rank. The Qualifications will be scored using the following general categories for which maximum possible scores are shown. Responses should be submitted using the general categories and in the order as described in the following sections:

Part 1: Responder’s Company Qualifications: Company Qualifications Statement includes Company Organization, Company Ability to Perform, Company Past Performance and Responder’s Company Client References

209 points

Part 2: Responder’s Key Personnel Qualifications & Experience Statement 80 points

Part 3: Technical Approach and Work Plan 40 points

Total Maximum Score 329 points

The TCEQ may consider, for the assignment of points for Qualifications, information regarding the Responder’s past performance for TCEQ, other governmental entities, and businesses.

1. STATEMENT OF QUALIFICATIONS

A. RESPONDER'S COMPANY QUALIFICATIONS STATEMENT, PART 1 - 209 POINTS

The Responder shall include the following information and submit with Response:

I. Company Organization (Provided in a table, no longer than a half a page in length).

• Type of business organization, e.g., corporation, partnership, sole proprietorship, etc.

• Date business established

• State of incorporation

• Texas authorization(s) to conduct business (documentation from Texas State Comptroller’s office authorizing company to do business in Texas)

• Location of the company headquarters and relevant branch offices

• Texas Board of Professional Engineers Firm Registration Number

II. Company Ability to Perform (provided in following format and no longer than three (3) pages in length).

• Description of Company's financial, physical, equipment, and other resources deemed necessary to fulfill the requirements of the Scope of Work.

• Explanation and/or chart specifying project leadership and reporting responsibilities.

• List of team members, listed by discipline, who will be involved with the project. Team members might include the Program Manager who has overall responsibility for the Contract, project managers, licensed Texas professional

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engineers experienced in performing Emergency Action Plan (EAP) development including inundation maps and simplified breach analyses, database specialists, Engineers-in-Training, QA/QC specialists, administrative personnel, technical specialists, and any other proposed personnel you deem necessary for TCEQ to evaluate your Response.

• The number of simplified breach analyses the Company could reasonably complete in an eight-month period.

• The number of EAPs the Company could reasonably complete in an eight-month period.

III. Company Past Performance (provided in format as shown in Table 1 and no longer than three (3) pages per project).

• The Responder should describe significant instances of past performance of same or similar work to the work described in the Scope of Work. Responder shall list at least three (3) projects the Responder managed and/or participated in during the past five (5) years. Projects may have started before January 2020 but must have concluded before December 2024. The performance will be evaluated based on the Responder’s work alone and not that completed by any subcontractors.

• The Responder shall include descriptions of past performance of similar work for governmental entities and the TCEQ. If the Responder has performed only one similar Contract, include information on that Contract and state that it is the Responder’s only similar Contract.

• If the Responder has no relevant past performance history, the Responder must affirmatively state that it has no relevant, directly-related, or similar past performance history. If the Responder does not indicate whether past performance history exists, the Responder’s submittal may be considered ineligible for award.

• The Responder must list the maximum number of simplified breach analyses it has previously completed in an eight (8) month period.

• Of the completed simplified breach analyses, how many resulted in a TCEQ comment letter, requiring edits or changes? Comment letters requesting final versions should not be included in this count.

• The Responder must list the maximum number of EAPs it has previously completed in an eight (8) month period.

• Of the completed EAPs, how many resulted in a TCEQ comment letter, requiring edits or changes? Comment letters requesting final versions should not be included in this count.

• On average, how long did the Company take to complete edits and resubmit the EAP to TCEQ?

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Table 1: Company’s Past Performance

Client company (or agency) name and address

Client Contact Name

Client Contact Telephone Number and Email address Contact if primary contact not available Project Name & Description

Project Duration (period of performance with start and completion date) Client Project Manager Name Responder Project Manager Name Total Project Budget % of Project Budget Received by Responder (list the percent of the total project budget Responder was responsible for) Scope of Services Performed by Responder Responder’s Nature of Responsibility in the Project (Contractor, technical support, or consultant) Schedule (Describe whether the project was completed as originally scheduled) Difficult issues that were/were not overcome during the project (Describe) Overall evaluation of its success Similarity to TCEQ project The number of EAPs the company could reasonably complete in an eight-month period.

The Responder must list the maximum number of EAPs it has previously completed in an eight-month period.

IV. Responder’s Company Client References (provided in format shown in Table 2 and no longer than six pages).

• The Responder shall provide three (3) client references for which the Responder has performed similar services as described herein. Responder shall list client references for projects described in Table 1. References must be for work performed within the last five (5) years.

The following shall not be included as references:

• References whose names cannot be listed.

• References whose names cannot be released under the Texas Public Information Act.

• References that will not be willing to have their evaluations released under the Texas Public Information Act.

Note: If references cannot be contacted because information supplied was erroneous or incomplete, those references will be counted as “unsatisfactory” and may result in the disqualification of the Response.

If a Responder does not provide all of the required references, the Responder must affirmatively state the reason. Part of the procedure for selecting the Response will involve a state employee contacting the references and asking them questions related to their knowledge of the Responder’s work.

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Table 2: Client References

Client Company (or Agency) Name and Address Contact Name Contact Telephone Number and Email Address Projects Performed for Reference (Describe details)

B. STATEMENT OF QUALIFICATIONS, PART 2 - 80 points Responder's Key Personnel Qualifications and Experience Statement (provided in format shown in Table 3 and no longer than one page per person plus resumes).

I. Minimum Qualifications Personnel meeting the minimum requirements specified herein must be available to perform work during the Contract Term. Named positions are considered key personnel. Both the Program Manager and the Project Manager must be direct employees of the CONTRACTOR. Other personnel may be employees of the CONTRACTOR or subcontractors.

1. Education/Certification

• All professional engineers must be licensed in Texas and must be in good standing with the Texas Board of Professional Engineers.

2. Experience

• List all personnel who will fill positions designated below as key positions.

• For the personnel listed, Responder shall describe specific, relevant experience(s): including contract numbers (or other relevant information identifying project), dates and project officers/team leaders for projects listed.

• The Responder shall also provide resumes for all key personnel designated to take responsibility for segments of the work.

3. Key Positions

Program Manager:

• Shall be authorized to legally bind the CONTRACTOR in contract and shall be the contact person for all contractual matters.

• Must be a direct employee of CONTRACTOR.

• Shall be responsible for maintaining a complete and effective project team by formally requesting the addition or substitution of personnel.

• Shall be responsible for ensuring compliance with the contract.

• Must review all Final Reports and all invoices before they are submitted to the TCEQ.

Project Manager:

• Must be a direct employee of the CONTRACTOR.

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582-25-00013

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• Shall be responsible for overall management of the project scope, resources budget, and schedule.

• Must have four (4) years experience managing personnel performing EAP development including inundation maps, and simplified breach analyses.

• Shall interface with the TCEQ Project Manager on a day-to-day basis as required.

Professional Engineer Performing EAP Development including Breach Analyses:

• Shall perform the simplified breach analyses and inundation mapping and complete the reports in the scope of work.

• Must have four (4) years experience performing EAP development including inundation maps and simplified breach analyses.

Complete Table 3 below with all required information and submit with the Response. The table must include all of the personnel in key positions:

Table 3: Key Personnel Qualifications & Experience

Relationship to Responder Key Position Number of staff in this position that will be working on this…