ESBD_416637_1746649497635_RFP No. 25-1367 Technical Advisor_Allens Creek Reservoir.pdf

RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project

Request for Proposals for Professional Services May 7, 2025 RFP No. 25-1367

Dear Prospective Respondent:

Statements of Qualifications hereafter referred to Request for Proposals (RFP or Proposal(s)) will be received by the Purchasing Agent or other designee of the Brazos River Authority no later than 10:00 AM, June 4, 2025 for Technical Advisor Services for the Allens Creek Reservoir Project. All qualified firms including Small, Minority, Women Owned Businesses and Historically Underutilized Businesses are encouraged to submit proposals in response to this request.

Proposals must be submitted and received no later than the due date and time specified. Any Proposal received later than the specified time, shall not be considered. The BRA is NOT responsible for ensuring the delivery of Proposals.

Refer to Section 15. Delivery of Proposal Submittals for instructions on submitting a response to this solicitation.

Proposal must be clearly identified as follows on the outside of the sealed physical submission. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s proposal is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the proposal opening:

RFP TITLE: Technical Advisor Services for the Allens Creek Reservoir Project

RFP NO: 25-1367

RFP DUE DATE: 10:00 AM, June 4, 2025

The BRA shall have the right to accept or reject any or all Proposals, or any part thereof, and to waive any technicalities in the interest of the BRA.

BRA will evaluate all relevant, health, safety and business factors on all solicitations to determine when to initiate a notice to proceed on all projects, delivery of goods and/or services or procurement of construction related services to best attempt to balance BRA needs and to protect the health and safety of BRA employees, the employees of respondents and the public at large.

Sincerely, Allison Sheeler, CTCD, CTCM Purchasing Agent

4600 Cobbs Drive • Waco, Texas 76710 254-761-3153

RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project Page 2 of 13

SUPPLIER DIVERSITY PURCHASING POLICY

The Brazos River Authority (BRA) will ensure that purchases of equipment, materials, supplies, and/or services conform with Texas Procurement law as applicable to the BRA, are cost effective, and contribute to the competitiveness of the BRA and its customers.

Procurement activities will be conducted in an open and fair manner with equal opportunity provided to all qualified parties. The BRA will provide equal contracting opportunities as provided by all applicable State and Federal laws to small business enterprises, Historically Underutilized Businesses and Disadvantaged Business enterprises.

GENERAL INSTRUCTIONS TO RESPONDENTS

The Work consists of the furnishing of all labor, materials, services, equipment, and appliances required for the delivery and the supplying of products and/or services as described herein and in the contract documents.

1. PROPOSAL SUBMISSION: Proposals must be received no later than the Proposal opening date and time specified above. All Proposals received after closing time will not be considered.

A. To be considered as eligible, a Respondent shall have complied with all legal requirements to permit them to operate in the State of Texas.

B. Proposals must be emailed, mailed or hand delivered to be considered.

2. WITHDRAWAL OF PROPOSALS: No Proposal may be withdrawn for a period of ninety (90) days after Proposal opening, except by: 1) mutual consent of the BRA and Respondent; or 2) a previously submitted Proposals may be withdrawn upon written request received from Respondent prior to time established for receipt of Proposals.

3. SIGNATURE ON PROPOSALS: To be valid, Proposals must be signed by an authorized person. By such signature, Respondent agrees to strictly abide by the terms, conditions, and Scope of Services embodied in this Request for Proposal.

4. EXAMINATION OF PROPOSAL DOCUMENTS: Before submitting a Proposal, all Respondents shall examine the complete Proposal documents, including Proposal Notice, Instruction to Respondent, and Scope of Services, all of which are part of the Proposal documents.

5. ADDENDA: Unless otherwise stated in the Proposal, answers to all questions, inquiries, and request for additional information will be issued in the form of Addenda. During the Proposal period, prospective Respondent may be advised by Addenda of additions, deletions from, or changes in the requirements of the Proposal documents. The BRA will not be responsible for the authenticity or correctness of oral interpretations of the Proposal documents or for information obtained in any other manner than through the media of Addenda. Receipt of each Addendum shall be acknowledged by the Respondent.

Any questions concerning this Proposal should be submitted on https://www.bidnetdirect.com/texas/brazosriverauthority no later than five (5) days prior to the opening of the Proposal. This is to allow the BRA sufficient time to respond to inquiries and provide information to all interested Respondents by Addendum. Unless otherwise stated in the Proposal, Addenda will be posted on https://www.bidnetdirect.com/texas/brazosriverauthority .

Respondent is responsible for checking https://www.bidnetdirect.com/texas/brazosriverauthority for updates and Addenda until the time at which the submission is due. Failure to respond to all requirements, including those Addenda, shall be grounds for rejection of your Proposal.

6. TAXATION: The BRA is exempt under the Texas Sales Tax and Use Tax Laws, and the Respondent shall not include such taxes in the Proposal.

7. QUALIFICATION OF RESPONDENTS: The BRA reserves the right to reject any Proposal if the evidence submitted by, or investigation of, such Respondent fails to satisfy the BRA that such Respondent is properly qualified to carry out the obligations of the contract and to complete the Services contemplated herein.

Conditional Proposals will not be accepted.

8. CONSIDERATION OF PROPOSALS: Unless stated otherwise in the Advertisement or Request for Proposal, the properly identified Proposals received on time will be opened publicly and only the names of the Respondent will be read aloud. Respondents are invited to be present.

9. COMPLIANCE WITH SCOPE OF SERVICES AND RIGHT OF

SELECTION: The Respondent shall abide by and comply with the true intent of the scope of services and not take advantage of any unintentional error or omission.

10. DEVIATION FROM SCOPE OF SERVICES: All deviations from the scope of services must be noted in detail by the Respondent, in writing, at the time of submittal of the formal Proposal. The absence of a written list of deviations at the time of submittal of the Proposal will be considered acceptance of the Scope of Services as written.

Any deviations from the Scope of Services as written not previously submitted, as required by the above, will be grounds for rejection of the material and/or item when delivered.

In case of ambiguity or lack of clarity, the BRA reserves the right to consider the most advantageous Proposal or reject the Proposal.

11. REPRESENTATIONS: By execution and submission of this Proposal, the Respondent hereby represents and warrants to the BRA that Respondent has read and understands the Proposal Documents and this Proposal is made in accordance with the Proposal Documents.

12. INDEMNIFICATION:

THE RESPONDENT SHALL COMPLY WITH THE REQUIREMENTS

OF ALL APPLICABLE LAWS, RULES, AND REGULATIONS AND

SHALL EXONERATE, INDEMNIFY AND HOLD HARMLESS THE

BRA FROM ANY AND ALL LIABILITY OR DAMAGES RESULTING

FROM FAILURE TO DO SO.

IN ADDITION, THE RESPONDENT AGREES TO INDEMNIFY,

KEEP, SAVE AND HOLD THE BRA HARMLESS FROM ANY AND

ALL ACTIONS, LIABILITIES, DAMAGES, JUDGMENTS, COSTS

AND EXPENSES INCLUDING REASONABLE ATTORNEY’S FEES,

IN CASE AN ACTION IS FILED OR DOES IN ANY WAY ACCRUE

AGAINST THE BRA, ITS OFFICIALS, OFFICERS, AND

EMPLOYEES IN CONSEQUENCE OF THE AWARDED CONTRACT

FOR ANY NEGLIGENT ACT OR OMISSION OF THE RESPONDENT

IN THE PROVISION OF SERVICES UNDER THE AWARDED

CONTRACT, OR THAT MAY RESULT FROM THE CARELESSNESS

OR LACK OF SKILL OF THE RESPONDENT OR THE

RESPONDENT’S OFFICERS, AGENT, CONTRACTORS, ASSIGNS

OR EMPLOYEES. IN THE EVENT A JUDGMENT IS RECOVERED

AGAINST THE BRA FOR ANY SUCH LIABILITY, COSTS OR

EXPENSES, SUCH JUDGMENT SHALL BE CONCLUSIVE

AGAINST THE RESPONDENT.

RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project Page 3 of 13

IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE

RESPONDENT THAT SUCH INDEMNITY IS INDEMNITY BY THE

RESPONDENT TO INDEMNIFY AND PROTECT THE BRA FROM

LIABILITY, CLAIMS, SUITS, LOSSES, DAMAGES OR CAUSES OF

ACTION DUE TO THE RESPONDENT’S NEGLIGENCE, ERROR OR

OMISSION.

13. CRITERIA FOR AWARD: The BRA will select the most highly qualified Respondent on the basis of demonstrated competence and qualifications and then attempt to negotiate with that Respondent a contract at a fair and reasonable price. If a satisfactory contract cannot be negotiated with the most highly qualified Respondent, the BRA will select the next most highly qualified Respondent and attempt to negotiate a contract with that Respondent at a fair and reasonable price. Refer to SECTION 11 Selection Process and Criteria.

14. TERMINATION: The awarded contract may be terminated at any time by the BRA, in BRA’s sole discretion, for any cause or for convenience without penalty or liability. Upon receipt of such notice, the supplier shall immediately discontinue all services and actions.

The BRA shall pay the Respondent promptly the accrued and unpaid amounts due for services to the date of termination, to the extent the services are approved by the BRA.

15. CHANGE OF CONTRACT PRICE:

The agreed upon contract price shall not be exceeded without the prior written consent of the BRA and may only be modified by a written amendment to the contract executed by both BRA and Respondent.

16. PAYMENT: Unless otherwise specified, payment for services and/or product will be processed within thirty (30) days from invoice date and acceptance of Services and/or product. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Unit price on invoice shall be in two (2) decimal places only, i.e., $ .XX.

The BRA has set a goal to have as much paperwork submitted electronically. Respondents are asked to submit invoices electronically to the following Accounts Payable email address:

accounts.payable@brazos.org. Respondents who use the electronic service should not mail the original invoice.

17. CONFIDENTIALITY OF DOCUMENTS: The BRA is subject to the Texas Public Information Act (PIA). Any information submitted to the BRA by a Respondent shall be considered non-confidential and available to the public, except as follows:

In the event a Respondent considers a specific portion of their Proposal to be confidential and subject to an exception to disclosure under the PIA, such portion must be clearly identified and marked

"CONFIDENTIAL". Do not mark an entire Proposal confidential, as this is not in conformance with the PIA and is not acceptable. Only the specific portion or portions of the Proposal that the Respondent considers to be confidential pursuant to the PIA should be marked. IF

AN ENTIRE PROPOSAL IS MARKED CONFIDENTIAL, THE BRA

WILL NOT TREAT ANY PORTION OF THE PROPOSAL AS

CONFIDENTIAL AND THE PROPOSAL MAY BE REJECTED AS

NON-CONFORMING. The BRA will honor notations of confidentiality made in accordance with this paragraph and decline to release such information initially. However, final determination of whether a particular portion of a Proposal may in fact be withheld pursuant to the PIA will be made by the Texas Attorney General or a court of competent jurisdiction.

In the event a public information request is received for a portion of a Proposal that has been marked confidential, the BRA shall ask the affected Respondent if the information may be released. If the release is agreed to, the BRA shall release the information.

If the release is denied, the matter shall be referred to the Texas Attorney General's Office in accordance with the process set forth in the PIA. The Respondent shall be fully and solely responsible for submitting arguments and evidence within the statutory timeframes to the Texas Attorney General’s Office regarding its claim of confidentiality. The BRA will NOT submit arguments on behalf of the Respondent.

The Texas Attorney General's office shall rule on the matter. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information may not be withheld, then such information will be made available to the requester. If it is determined that the information may be withheld, BRA will withhold the information from the requestor.

Pricing information contained in Proposals or contracts is not considered confidential under the PIA and will be disclosed without making a request to the Texas Attorney General.

18. NO PRICE: The selection of the Selected Respondent under this RFP shall be in accordance with Chapter 2254 of the Texas Local Government Code. Do not include any price information within the submittal. Any submittal containing any price information will be automatically disqualified.

RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project Page 4 of 13

REQUEST FOR PROPOSALS

Technical Advisor Services for the Allens Creek Reservoir Project

RFP NO. 25-1367

SUBMITTAL SCHEDULE

Requests for Proposals are posted on the BidNet Direct website at https://www.bidnetdirect.com/texas/brazosriverauthority and prospective Respondents should visit the site for potential updates to Proposal requirements.

Wednesday, May 7, 2025 RFP is available to download at https://www.bidnetdirect.com/texas/brazosriverauthority

4:00 PM, Friday, May 16, Last date and time to ask questions or request additional information. Please submit your questions at

4:00 PM, Tuesday, May 20, Post response to questions received as of the deadline or as soon thereafter, as an Addendum on https://www.bidnetdirect.com/texas/brazosriverauthority

10:00 AM, Wednesday, June 4, 2025

Proposals are due.

11:00 AM, Wednesday, June 4, 2025

Proposals will be opened virtually at the link below……………………………..

https://youtube.com/live/fitCUwchNAA?feature=share

Local Time Prevailing.

RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project Page 5 of 13

1. General Allens Creek Reservoir Project (Project) is a proposed reservoir on Allens Creek, a tributary of the Brazos River, near Wallis in Austin County. The reservoir will provide storage for approximately 145,500 acre-feet of water diverted from the Brazos River and inflows impounded from Allens Creek. The Project is being developed to provide a reliable future water supply for the Brazos Basin and adjacent areas. The Project will serve as a fill and release reservoir and will be designed to accommodate significant seasonal fluctuations in water level over the life of the reservoir. The Allens Creek Reservoir Project is expected to be created in accordance with the provisions of the existing Water Use Permit (No. 2925A), which anticipates water to be diverted from the Brazos River into the Reservoir at one of two locations identified in the permit. The Project will be designed to release water back into the Brazos River utilizing the beds and banks of naturally occurring streams for delivery downstream. It will include any and all necessary infrastructure, including, but not limited to, the intake structure, pipelines, dams, spillway, outlet works, sediment management facilities, administrative facilities, utilities, land and easements.

The Brazos River Authority has issued this Request for Proposals to facilitate selection of professional services in the form of an on-call Technical Advisor for the project. The Technical Advisor will support the BRA project team by providing multi-faceted technical expertise and advocating for the owner’s best interest throughout the project. The successful firm will support the BRA, as needed, on BRA selected tasks related to the permitting, design, and construction activities for the Allens Creek Reservoir Project.

There is no guarantee as to a minimum amount of work that BRA may request to be performed under the agreement.

The BRA is requesting proposals for Technical Advisor services from firms with demonstrated experience in services needed to complete the Allens Creek Reservoir Project including regulatory (Federal and State) permitting, water resources engineering analyses, and project specific component design. The Firm selected will, as directed by the BRA and through the BRA, protect the BRA’s and customers’ interests related to the tasks outlined in this Request for Proposal (RFP). Use of the Technical Advisor will be at the discretion of the BRA to support the BRA Project Team on select tasks throughout the Project. Selection for this proposal will not in and of itself preclude selection for other proposals associated with the Allens Creek Reservoir Project. Proposals must be submitted in accordance with the needs set out in the evaluation criteria of this RFP.

If your Firm is interested in providing a proposal, the firm must be considered pre-qualified for Dam and Intake Permitting and Engineering Services disciplines by the BRA a minimum of six (6) working days prior to the due date of the RFP. A working day is considered Monday through Friday not including BRA recognized holidays. If your Firm is not pre-qualified, you/your Firm can submit information via the BRA website http://www.brazos.org or go directly to the following link:

The Brazos River Authority > Doing Business > Purchasing & Professional Services > Request for Proposals > Pre- Qualification Form

2. Scope of Services The Technical Advisor will add value to the Allens Creek Reservoir Project with their technical expertise in the permitting, design and construction tasks to support successful completion of the Project while ensuring assigned tasks remain aligned with Owner’s vision and goals. Proposers must be capable of promptly performing the following services (actual response time requirements to be determined based on complexity and criticality of services requested). Actual work tasks will be identified based on project need and may include, but are not limited to, the following.

RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project Page 6 of 13

A. Review relevant information for the Allens Creek Reservoir Project, including but not limited to, previous environmental and engineering predesign studies, plans, and investigations.

B. Provide technical advisory services for matters related to planning, permitting, design, regulatory approvals, construction, and other activities necessary to complete the Project.

C. Support Owner with scope development for future work associated with the Project including survey, real property, design, and/or permitting related tasks

1) Review and comment on level of effort and/or fee/rate estimates for included tasks D. Technical review and comment on plans, designs, specification, standards, and other related design documentation throughout the project to provide feedback in support of BRA decision making needs.

1) Assist BRA in the evaluation and recommendation of appropriate design alternatives, feasibility, and needs assessment.

2) Constructability and/or technical reviews of design documents including recommendations regarding alternative solutions whenever design details appear to adversely affect construction feasibility, the Budget or Schedule, or cause the Project to deviate from the approved drawings or requirements of Owner.

3) Review of provided construction cost estimates, and preparation of independent construction cost estimates at various phases of the Project

4) Provide value engineering services to analyze and make recommendations concerning availability of materials and labor, time requirements for construction, and other factors related to costs

5) Support bid process including bid document review, analysis and recommendations.

Assessment of conditions in the construction market to identify factors that could affect costs and time for completing the Project

6) Review of cash flow projections; descriptions, quantities and costs of work, materials, labor and equipment

7) Provide technical advisory services including but not limited to the following disciplines/specialties; Geotechnical, Structural, Civil, Mechanical, Electrical, Fluvial Geomorphology, Sediment Modeling, Hydrologic and Hydraulic Modeling, Certified Floodplain Management, Water Availability Modeling, TCEQ Water Rights and Dam Safety Program

E. Technical review and comment on technical memorandums, plans, studies, investigations and other pertinent permitting, environmental and cultural resources documentation throughout the project to provide feedback in support of BRA decision making needs.

1) Provide review and feedback on permitting strategies and/or other plans or processes to ensure thorough regulatory compliance while ensuring maximum efficiency in the planned permitting approach

2) Review and comment on mitigation plans to ensure efficiency as result of the project’s configuration. Provide technically feasible recommendations, if available, to ensure the interdependency between design specifications and mitigation requirements are optimized.

3) Advise and make recommendations to Owner with respect to the appropriate services to be provided for investigations, evaluations, and/or studies of existing site conditions

4) Provide technical advisory services including but not limited to the following disciplines/specialties; Archeological, Cultural, and Tribal resources, Threatened, Endangered, sensitive/rare, and other relevant regulated Species, water quality modeling, Water Quality Rules and Requirements, environmental flow modeling, Clean Water Act 404 Permitting and Mitigation.

F. Technical review and comment on project controls and general services to provide feedback in support of BRA decision making needs.

1) Perform and review Project earned value management information

2) Review and comment on Project schedule with key milestones throughout the project lifecycle

RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project Page 7 of 13

3) Comparison of the Project budget to costs incurred, and comparison of Project schedule to actual work completed

4) Support risk analysis process and make recommendations for risk mitigation strategies

5) Assess and/or review QA/QC processes and documentation

6) Invoice review, comment, and support

Related work tasks, not included above, may also become necessary throughout the Project and will be coordinated through the Technical Advisor as applicable.

3. Information Required in the RFP Submittal - Tab Format The BRA specifically requests succinct submittals tailored to the general and discipline-specific scopes of services summarized above. Each response should describe in sufficient detail the relevance of the individual team member’s expertise and experience to the specific requirements of the project. All submittals become the property of the BRA. Each submittal shall include the information requested below. Please limit each submittal to no more than 25 pages (not including resumes and required forms)

Tab A: Include the following:

(1) Date your company was established and a brief history; number of employees; provide number and location of offices.

(2) Provide name, title and office location of person who will be the principal contact for the BRA and the billing location if different.

(3) Describe the types of organizations that your company typically serves and general nature of the work.

(4) A list and description of similar services completed within the last five years under your current company name or any other company name similar in nature to this solicitation.

This should include the name, the location, a brief description of Scope of Services, and a contact name and telephone number of a reference for each client. List litigation that your company has been a party to in the last five (5) years, under your current company name or any other company name. Include only litigation that involves business units in your company that are proposed for performing services under this RFP.

(5) List all such litigation involving owners and/or general contractors. To be fully responsive, provide the level of detail in the attached example, as well as a name and phone number to contact an authorized representative of your company in the event that the BRA needs to clarify your response. Failure to be fully responsive will be sufficient grounds for the BRA to disqualify your company.

(6) Have you ever defaulted, failed to complete a contract or had a contract terminated by the other party? If so, where and why? Provide name and telephone number of the other party.

Tab B: Include the following:

(1) Clearly identify the Lead Firm and the name, title, address, phone, and e-mail address of the individual who will serve as the point of contact for scope of services development and negotiations. Provide the name, title, address, phone, and e-mail address for the individual who will serve as Project Manager, if different from the point of contact.

Additionally, identify the individuals that will serve in the following key positions:

a. Permit Technical Advisor Lead

i. Permit Technical Advisor Team

b. Design Technical Advisor Lead

i. Design Technical Advisor Team

c. Construction Technical Advisor Lead

i. Construction Technical Advisor Team

(2) A summary of technical abilities of the proposed team members that will be utilized by the Firm for completing the types of environmental and engineering services listed in

RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project Page 8 of 13

SECTION 2. SCOPE OF SERVICES above and their personal experience qualifying them for this Project and their role. Also, provide the name and address of any sub-consultants and their team members that will be utilized by the Firm, their proposed role in the Project and their personal experience qualifying them for this Project. BRA prefers that the key personnel have the following levels of experience:

a. Permit Technical Advisor Team – each team member should have 15 years of relevant experience to their assigned role in the project

b. Design Technical Advisor Team - each team member should have 15 years of relevant experience to their assigned role in the project

c. Construction Technical Advisor Team - each team member should have 15 years of relevant experience to their assigned role in the project?

(3) Organizational chart showing key personnel who will be assigned to the Project; include the name and role/responsibility of each key team member. List the approximate number of technical and/or support staff that is expected to serve on the Project. Show reporting structure of the Project team including any sub-consultants. Include a description of the Firm’s ability to meet current and long-term workloads and staff’s ability to be responsive to BRA requests on an as needed basis.

(4) Resumes for team members associated with the Project, including sub-consultant’s staff. Resumes shall include the information listed below:

a. Name, Firm, Title, and professional licenses, registrations, and certifications, if applicable

b. Academic degree(s), if applicable, including name of school, discipline, and year received

c. Office location where employed

d. Years employed with current firm

e. Brief overview of career background including years of experience, areas of practice, specialized training or knowledge relevant to services listed in

SECTION 2. SCOPE OF SERVICES.

(5) Provide proof of the firm’s professional registrations and the professional licenses/certifications of all team members and qualifications to perform the proposed professional services in the State of Texas.

(6) Describe the Firm’s team’s experience with permit actions with the Galveston District

Office of the USACE (include a list of project names of with permit actions completed successfully in the last 10 years).

(7) Discuss Firm’s experience in conducting species, environmental and cultural resource investigations in the Brazos River basin.

(8) Provide sufficient information to enable BRA to understand and evaluate the experience of the Firm’s team on projects of similar scope and complexity, highlighting those in the Brazos River basin. Submit the following information on past projects to illustrate the specialized expertise, demonstrated experience, and applicable qualifications, of the Firm’s team to complete all tasks listed in SECTION 2. SCOPE OF SERVICES. Provide a summary of up to five (3) similar projects, including the following information:

a. Project name, location, description, and status. Include dates, cost of project, RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project Page 9 of 13

i. Firm’s responsibilities on the project and any other pertinent information.

b. Design and/or permit responsibility of the Firm’s team.

c. Key project team members serving on each project.

d. Provide a reference name, phone number and email address for the client.

(9) Describe your understanding of the Project and provide a proposed plan for providing the services listed in SECTION 2. SCOPE OF SERVICES including how the team will:

coordinate with BRA to ensure timely responsiveness throughout the project when short turn-around times are required, maintain adequate staffing with the technical expertise necessary to support Project requirements, effectively communicate relevant information related to document review and technical analysis, support the BRA Project Team in decision making needs. Also please describe any additional value-added services the proposer can provide in addition to those listed in this proposal document, and any other pertinent information that illustrates the proposers ability to ensure efficiency and cost savings in performance of the work outlined in the scope of services.

Tab C: Include the following:

(1) Complete and submit the attached W-9 form, or if foreign entity submit the appropriate tax document information.

(2) Complete and submit the attached “Conflicts of Interest Questionnaire [CIQ]” form.

(3) Complete and submit the “Acknowledgment of Request for Proposals and Receipt of

Addenda” form. Respondent is required to complete, sign and submit this form with Respondent’s Proposal. Failure to complete, sign and submit this form with Respondent’s Proposal will disqualify the entire Proposal as non-responsive.

(4) Complete and submit the Non-Collusion Affidavit form.

(5) HUB Subcontracting Plan

4. RFP Inquiries All inquiries, including clarifying questions, related to this RFP shall only be directed to the Purchasing Agent via https://www.bidnetdirect.com/texas/brazosriverauthority The Purchasing Agent will direct any inquiries to the appropriate BRA staff, a response will be issued and if warranted, an Addendum will be posted on the BidNet Direct site. Failure to adhere to this restriction during the advertising, evaluation, and selection phases will result in the rejection of a Respondent’s Proposal.

5. Hub Subcontracting Plan This solicitation requires a HUB Subcontracting Plan to be completed and submitted. The HUB Subcontracting Plan is attached to this solicitation. If you have any questions regarding the HUB Subcontracting Plan please contact Bryan Gray Purchasing Manager / HUB Coordinator at bryan.gray@Brazos.org.

6. Hub Subcontracting Plan Instructions (If Self Performing HUB and no Subcontractors) If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), follow the instructions on the HUB Subcontracting Plan Checklist, first page of the HUB Plan included in this solicitation.

Section 1 - Respondent and Requisition Information

Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 – Affirmation (Remember to sign Section 4)

If you are subcontracting any work please follow the instructions on the HUB Subcontracting Plan Checklist, first page of the HUB Plan included in this solicitation.

RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project Page 10 of 13

7. Respondent’s Past Performance BRA will consider Respondent’s past performance and may conduct reference checks with other entities regarding past performance. BRA may examine Respondent’s performance including, but not limited to:

the Comptroller of Public Accounts Statewide Procurement Division Vendor Performance Tracking System, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, repeated negative performance, records of repeated non-responsiveness to performance issues, and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, BRA may initiate such examinations of Respondent performance based upon media reports. Any such investigations shall be at the sole discretion of BRA, and any negative findings, as determined by BRA, may result in non-award to Respondent.

8. Conflict of Interest Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity (i.e., Brazos River Authority) must disclose in the Conflicts of Interest Questionnaire Form ("CIQ") the person's affiliation or business relationship that might cause a conflict of interest with the local government entity. By law, the CIQ must be filed with the BRA Records Management Officer no later than seven (7) days after the date the person begins contract discussions or negotiations with the BRA, or submits an application or response to a Request for Proposals, correspondence, or another writing related to a potential agreement with the BRA. Updated Questionnaires must be filed in conformance with Chapter 176.

A copy of the CIQ is attached. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 carries a penalty up to a Class A misdemeanor.

9. Disclosure of Interested Parties Pursuant to Section 2252.908 of the Government Code, the selected Firm in contracts for the sale or purchase of property, goods, or services with a local government entity (i.e., BRA) anticipated to have a value of at least $250,000/$500,000 must submit a Disclosure of Interested Parties Form to the local government entity that discloses all persons at the Selected Firm who have a controlling interest in the selected Firm or who actively participated in facilitating the contract or negotiating the terms of the contract.

The requirements of Section 2252.908 of the Government Code are subject to change, and if you have any questions about compliance, please consult your own legal counsel.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

10. Term of Agreement The services of the PROVIDER shall commence on the Effective Date of this Contract and shall continue until the Work is completed.

RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project Page 11 of 13

11. Selection Process and Criteria Proposals will be evaluated and scored based on responses to Section 3. The selection criteria for rating submitted proposals shall be as presented in the table below:

12. Contract The executed contract between BRA and the selected Respondent shall be a BRA standard form contract for Professional Services. Contract terms are not subject to modification and Respondent will be expected to execute the contract in substantially the form provided. Respondent should not base a proposal on an expectation that BRA will modify its contract terms.

Compensation for services provided under the professional services contract to be entered into with the selected Firm will be based on time and materials up to a total mutually agreeable not-to-exceed amount. Individual tasks under the contract will also be billed on a time and material basis up to a not-to-exceed amount for such task.

The BRA reserves the right to award contract(s) without any negotiations and reserves the right to not make awards. The BRA reserves the right to conduct studies and other investigations as necessary to evaluate any submittal. Submission of a proposal confers no legal right upon any Respondent.

The decision of BRA, or its designee with regard to the above, shall be administratively final. BRA, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in submittals received.

13. Insurance Requirements The Respondent shall, at Respondent’s sole expense, maintain insurance coverage as determined acceptable to the BRA. The Respondent must obtain the following minimum insurance requirements and provide proof to the BRA prior to entering into a contract:

General Liability Insurance:

Bodily Injury $ 1,000,000 per occurrence Property Damage $ 1,000,000 per occurrence Aggregate $ 2,000,000

Professional Liability:

$ 1,000,000 per claim

Workers’ Compensation:

Statutory

Automobile Liability: $ 1,000,000 per claim / aggregate

Employers’ Liability

$ 1,000,000 policy limit

Pollution Liability

$ 1,000,000 per claim / aggregate

CRITERIA

Respondent’s Qualifications e.g., specified professional license or certification, copy of current licens or certificate applicable to specified profession or trade.

Respondent’s Experience e.g., Specified number of projects of similar size and scope, detailed information regarding project size, dollar amount and scope of project for each individual project, and any additional information necessary to evaluate vendor experience

Respondent’s Ability To Perform

Ability to perform the contract or provide the service promptly, or in the time required, without delay or interference

Respondent’s Strategy Respondent’s Understanding and Proposed Plan for Providing Services

RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project Page 12 of 13

Before beginning any work under this agreement, the Respondent is required to register with myCOItracking.com and upload documentation that meets the insurance requirements outlined in this agreement. Work WILL NOT commence until the certificate of insurance is approved as compliant. The Respondent must add registration@myCOItracking.com and certificaterequest@myCOIsolution.com to their safe sender list to ensure receipt of essential communications from myCOI. If any issues arise during registration, please contact the myCOItracking support team at (317) 759-9426.

14. Recycled and Recyclable Products The BRA encourages the use of recycled products and products that may be recycled or reused.

15. Delivery of Proposal Submittals Proposals may be submitted in one of the following manners:

Electronic Transmission. Electronic submittals will be received on the following platform. BidNet Direct requires you to register at no charge.

Drop Box Submission Prior to Proposal Submission Deadline: Hand delivery of one sealed, clearly identified original signed paper copy submission may be received up to the proposal submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, TX. 76710, utilizing the secure drop box located near of the office building. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s proposal is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the proposal opening.

Mail-In Delivery: Mailed by commercial carrier, overnight or express mail, one sealed clearly identified original signed paper copy submission may be accepted by the Purchasing Agent or other designee up to the proposal submission deadline contained in the solicitation at the Brazos River Authority 4600 Cobbs Drive, Waco, TX. 76710. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s proposal is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the proposal opening.

RFP No. 25-1367 Technical Advisor Services for the Allens Creek Reservoir Project Page 13 of 13

ACKNOWLEDGMENT OF REQUEST FOR PROPOSALS AND

RECEIPT OF ADDENDA

RESPONDENT MUST ACKNOWLEDGE RECEIPT OF THIS REQUEST FOR PROPOSALS

AND ADDENDA BY SIGNING BELOW AND SUBMITTING THIS ACKNOWLEDGEMENT

WITH YOUR PROPOSAL. FAILURE TO SIGN THIS ACKNOWLEDGEMENT WILL

DISQUALIFY THE PROPOSAL AS NON-RESPONSIVE. SIGNATURE MAY BE DIGITAL,

ELECTRONIC OR HANDWRITTEN.

This acknowledgement shall become part of your response and the subsequent contract documents if applicable.

ACKNOWLEDGMENT OF REQUEST FOR PROPOSALS:

Respondent hereby acknowledges that it has received and read the Request for Proposals and all Addenda, and that this Proposal is made in accordance with the provisions thereof.

Respondent acknowledges that this Proposal meets or exceeds all terms, requirements, conditions, and/or specifications set forth in the Request for Proposals and Addenda, and exceptions or deviations from such terms, requirements, conditions, and/or specifications, if any, have been clearly and conspicuously identified as such in the Proposal.

Does your company have ten (10) or more full time employees? Check one box only.

YES NO

Name of Firm (Respondent)

Signature – Authorized Representative

Printed Name

Date

E-mail Address

Telephone Number

Form W-9 (Rev. March 2024)

Request for Taxpayer Identification Number and Certification

Department of the Treasury

Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.

Give form to the requester. Do not send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.

P ri n t o r ty p e

S e e S p ec if ic

In st ru ct io n s o n p a g e

1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)

2 Business name/disregarded entity name, if different from above.

3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor C corporation S corporation Partnership Trust/estate

LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership)

Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.

Other (see instructions)

3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions

4 Exemptions (codes apply only to certain entities, not individuals;

see instructions on page 3):

Exempt payee code (if any)

Exemption from Foreign Account Tax

Compliance Act (FATCA) reporting code (if any)

(Applies to accounts maintained outside the United States.)

5 Address (number, street, and apt. or suite no.). See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a

TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. See also What Name and

Number To Give the Requester for guidelines on whose number to enter.

Social security number or Employer identification number

Part II Certification

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of

U.S. person Date

General Instructions Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

What’s New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.

New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they

Cat. No. 10231X Form W-9 (Rev. 3-2024)

Form W-9 (Rev. 3-2024) Page 2 must obtain your correct taxpayer identification number (TIN), which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.

• Form 1099-INT (interest earned or paid).

• Form 1099-DIV (dividends, including those from stocks or mutual funds).

• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds).

• Form 1099-NEC (nonemployee compensation).

• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers).

• Form 1099-S (proceeds from real estate transactions).

• Form 1099-K (merchant card and third-party network transactions).

• Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition).

• Form 1099-C (canceled debt).

• Form 1099-A (acquisition or abandonment of secured property).

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

Caution: If you don’t return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued);

2. Certify that you are not subject to backup withholding; or

3. Claim exemption from backup withholding if you are a U.S. exempt payee; and

4. Certify to your non-foreign status for purposes of withholding under chapter 3 or 4 of the Code (if applicable); and

5. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting is correct. See What Is FATCA Reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s…