ESBD_File_328783_592-23-RFQ003 solicitation.pdf

Page | 1

REQUEST FOR QUALIFICATIONS

FOR

PROFESSIONAL ENGINEERING SERVICES

RFQ No.: 592-23-RFQ003

Response Due: September 29, 2023

10:00 am

Prepared by The Texas State Soil and Water Conservation Board

1497 Country View Lane Temple, Texas 76504

Issued: August 31, 2023

Page | 2

REQUEST FOR QUALIFICATIONS

Table of Contents

Section

1.0 Executive Summary

2.0 Role of TSSWCB

3.0 General Scope of Work

3.1 Rehabilitation Planning

3.2 Surveys

3.3 Geotechnical Services

3.4 Design

3.5 Construction Service

3.6 Dam Assessments

3.7 Projects

4.0 Content of Qualifications Submission

4.1 Statement of Interest

4.2 Experience and Certifications of Respondent

4.3 Project Team

4.4 Representative Projects

4.5 Current Project Load

4.6 References

4.7 Project Locations

4.8 Best Practices

4.9 Problem Resolution

4.10 Historically Underutilized Businesses

4.11 Additional Information

5.0 Qualifications Submittal Deadline

6.0 Point of Contact

7.0 Duration of Contract

8.0 Evaluation Criteria

8.1 Pre-selection Criteria

8.1.1 Engineers

8.1.2 Interdisciplinary Professional Staff

8.1.3 Project Leader

8.1.4 Surveyor

8.1.5 Draftspersons

8.1.6 Office Location

8.2 Selection Criteria

8.2.1 Professional Qualifications (20%)

8.2.2 Specialized Experience and Technical Competence (40%)

8.2.3 Capacity to Accomplish Work (20%)

8.2.4 Past performance on contracts with government agencies, namely USDA-NRCS, and private Industry (20%)

9.0 Historically Underutilized Business Status

Page | 3

10.0 Submission of Qualifications

11.0 Evaluation of Qualifications

12.0 Respondent’s Acceptance of Evaluation Methodology

13.0 State Registration of Engineering Firms

14.0 Attachments to RFQ

Exhibit A: Professional Services Contract Exhibit B: HUB Subcontracting Plan

15.0 Execution of Offer

1.0 Executive Summary

The Texas State Soil and Water Conservation Board (“TSSWCB”), a Texas state agency, is soliciting statements of qualifications (“Qualification”) from professional firms or joint ventures (“Respondents”) for selection of one or more engineers for Indefinite Delivery Indefinite Quantity (“IDIQ”) Architect-Engineer (“A&E”) services contract within the state of Texas, and in accordance with the terms, conditions, and requirements set forth in this Request for Qualifications (“RFQ”). This RFQ provides Respondents with the information necessary to prepare and submit Qualifications for consideration by TSSWCB.

2.0 Role of TSSWCB

TSSWCB contracts for A&E services to initiate and complete rehabilitation planning of aging flood control dams, engineering surveys, geotechnical services, dam assessments, engineering designs and construction services for various flood prevention projects, water resources projects, recreational projects adjacent to reservoirs, and other USDA-Natural Resources Conservation Service (“NRCS”) watershed program projects within Texas.

3.0 General Scope of Work

TSSWCB seeks Respondents that can provide services at any or all of the various flood control dams and other project sites (collectively “locations”) located throughout the state of Texas, but primarily along the I-35 corridor from the Dallas/Fort Worth Metroplex to San Antonio. TSSWCB anticipates selecting no less than three (3) qualified A&Es to provide services on an as-needed basis for all of the locations.

3.1 Rehabilitation planning

Shall consist of, but is not limited to, assembling an experienced interdisciplinary A&E staff necessary to develop a Supplemental Watershed Plan/Environmental Assessment or Evaluation or Environmental Impact Statement (“Plan/EA/EE” or “EIS”). Federal policy, procedures, and requirements to develop the Plan/EA/EE or EIS, as outlined in the USDA- NRCS, National Watershed Manual and the Principles, Requirements and Guidelines for Water and Land Related Resources Implementation Studies (PR&G), shall be followed.

A&E shall also follow planning requirements under the National Environmental Policy Act and the National Historic Preservation Act.

Page | 4

3.2 Surveys

Shall consist of, but are not limited to, topographic/planimetric surveys, magnetometer surveys, hydrographic/bathymetric surveys, horizontal and vertical control surveys, design surveys, development of graphical representations of survey data collected, construction layout surveys, and surveys for quantity computations.

3.3 Geotechnical Services

Activities shall consist of, but are not limited to, performing geologic and soil investigations, soil material testing, developing and interpreting geotechnical reports, and accurately applying the data to the design of the project measures.

3.4 Design

Activities shall consist of, but are not limited to, design water resources project features, construction specifications, construction plans (drawings), land rights work maps, cost estimates, bid schedules, quantity computation checks and certifications, and design folders.

3.5 Construction Service

Activities shall consist of, but are not limited to, providing full-time construction inspection to insure compliance with any resulting contract and quality assurance. Quality assurance (“QA”) activities shall include maintaining a job dairy, providing field QA testing, and interpreting drawings, specifications, geologic reports, soil mechanics reports, and contract provisions contained in the contract. Firm will furnish all equipment, personnel and materials to perform the tasks.

3.6 Dam Assessments

Shall consist of, but are not limited to, site visit and field assessment of each dam, status of operation and maintenance, site specific restraints, breach analysis and preparation of breach inundation map, failure and risk index computations, potential rehabilitation alternatives that meet NRCS national and TCEQ state standards, and cost estimate for each alternative.

3.7 Projects

The typical project will require knowledge and experience in all aspects of surveying, performing geologic investigation, soil testing and analysis, developing and interpreting geologic and soil mechanics reports, engineering design and quality assurance activities.

A&E will conduct planning studies, economic analysis and project related biological, cultural resource and environmental concerns and formulate and evaluate alternatives.

Engineering activities may include planning, design, and construction of deep and shallow foundations (bearing capacity, consolidation, seepage, etc.), earth embankments, roller

Page | 5 compacted concrete structures, earthwork, slurry walls, drainage systems, reinforced concrete structures, automated and manual water control gates, rock riprap placement, timber structures, steel structures and structural fabrication, timber, steel and concrete piling, sheet piling and channel bank stabilization measures. A&E will be required to perform engineering surveys, geotechnical activities, engineering design, and construction service activities in accordance with NRCS and TCEQ standards and certify that they meet both national and state standards. A&E will prepare land rights work maps and cost estimates. The majority of design work will be civil in nature. All drawings will be computer generated in *.dwg format (AutoCAD compatible).

4.0 Content of Qualifications Submission

Each Respondent shall provide individual qualifications of the professionals provided with the response Qualification submission. Every Respondent’s submission of Qualifications shall include the following information:

4.1 Statement of Interest

4.1.1 Narrative description of Respondent’s unique qualifications.

4.1.2 History and important statistics about Respondent’s firm including size, location, and ownership, and ownership structure.

4.1.3 Statement regarding the availability and commitment of Respondent and its principal(s) and key professional to undertake the project.

4.1.4 Statement of willingness to accept the terms and conditions of the proposed contract, attached hereto as Exhibit A, or indicting and objections to such terms and conditions.

4.2 Experience and Certifications of Respondent

4.2.1 Résumés listing the experience and expertise of the principals and key professional members that will be involved in the projects, including their experience with similar projects and the number of years with Respondent.

4.2.2 List of any accreditations and certifications of Respondent, or its principals and key professional members.

4.2.3 Description of the proposed project assignments and lines of authority and communication for principals and key professional members of Respondent that will be involved in the project. Indicate the estimated percentage of time these individuals will be involved in the project.

4.2.4 For each project listed in response to Section 4.4, a list of members of the proposed team for this project who worked on each listed project and a description of their roles.

Page | 6

4.3 Project Team

An organization chart showing the roles of the members of the proposed team.

4.4 Representative Projects

List containing a maximum of five (5) projects for which Respondent provided or is providing professional services which are most related to this project. List the projects in priority order, with the most-related project listed first. The following information should be provided for each project listed:

4.4.1 Project name and location

4.4.2 Project Owner

4.4.3 Project construction cost

4.4.4 Description of professional services Respondent provided for the project

4.4.5 Project description

4.4.6 Project manager (individual responsible to the client for the overall success of the project)

4.4.7 Description of how this project is similar and why the services provided are relevant

4.5 Current Project Load

List of all projects related to NRCS watershed dams for which Respondent is currently providing professional services. The list should be in priority order, with the project requiring the most resources listed first. The following information should be provided for each project listed:

4.5.1 Project name and location

4.5.2 Project Owner

4.5.3 Project description and current status and timeline for project completion

4.5.4 Description of professional services being provided by Respondent

4.5.5 The number of hours Respondent dedicates per week to the Project and individual staff performing such work each week

Page | 7

4.6 References

References for any three (3) of the projects listed in response to Section 4.4. The references shall include:

4.6.1 Owner’s name, Owner’s representative who served as the day-to-day liaison during planning, design, and construction of the project, and the Owner representative’s telephone number

4.6.2 Construction contractor’s firm name, contractor’s representative who served as day-to-day project liaison, and the contractor representative’s telephone number

4.7 Project Locations

TSSWCB seeks Respondents that can provide services at any or all locations throughout the state of Texas. Therefore, all Respondents shall indicate the locations for which they will be able to provide services. The majority of the work will be along the I-35 corridor from Dallas/Fort Worth Metroplex to San Antonio. TSSWCB anticipates selecting no less than three (3) qualified engineering firms on as-needed basis for projects located throughout Texas for the required disciplines.

4.8 Best Practices

A description of Respondent’s quality assurance program explaining the methods used and how Respondent maintains quality control during all phases of a project. The description should include specific examples of how these techniques or procedures were used for any three (3) projects listed in response to Section 4.4.

4.9 Problem Resolution.

4.9.1 A description of any administrative and/or physical challenges Respondent anticipates in providing professional services for the project and Respondent’s philosophy for resolution.

4.9.2 For any three (3) projects listed in response to Section 4.4 and completed within the last five (5) years, include a description of any conflicts with Respondent had with Owner, the construction contractor, or the subcontractors, and the methods Respondent used to resolve those conflicts.

4.9.3 A description of Respondent’s past performance on projects for TSSWCB within the last five (5) years. If Respondent has not previously provided professional services for TSSWCB, a description of Respondent’s past performance on projects for any other state agencies for which it has provided professional services within the last five (5) years.

4.10 Historically Underutilized Businesses

Page | 8

TSSWCB is dedicated and committed to assisting Historically Underutilized Businesses (“HUBs”) in their efforts to do business in the State of Texas. HUB firms are requested to provide appropriate information, including Texas HUB certification number, to TSSWCB in their Qualification.

4.10.1 Respondents shall complete and return a HUB Subcontracting Plan (“HSP”) with all Qualifications in order to be considered responsive. If the Qualifications submission does not include a completed HSP, the Qualification shall be rejected as a material failure to comply with the advertised specifications. A copy of the HSP, attached hereto as Exhibit B.

4.10.2 Because TSSWCB is relying upon Respondent’s expertise to fully identify subcontracting opportunities that best align with their organization and this RFQ, Respondents who intend to subcontract are responsible for identifying all areas that will be subcontracted in their Qualifications.

4.11 Additional Information

Any additional information that Respondent believes may better describe its Qualifications and/or be of benefit to TSSWCB.

5.0 Qualifications Submittal Deadline

TSSWCB will accept Qualifications until 10:00 AM, September 29, 2023 Qualifications shall be submitted to the point-of-contact identified below.

6.0 Point of Contact

TSSWCB requires that Respondents restrict all contact and questions regarding this RFQ to the individual named below. Questions concerning terms and conditions and technical specifications shall be directed in writing to:

Steve Bednarz, P.E.

Statewide Programs Engineer Texas State Soil and Water Conservation Board 1497 Country View Lane Temple, Texas 76504 Phone: (254) 773-2250 E-mail: sbednarz@tsswcb.texas.gov

The above is a mailing/receiving address. Please allow ample time for delivery.

7.0 Duration of Contract

Page | 9

The resulting contract(s) for services shall be for a period of one (1) year. At the discretion of TSSWCB, the resulting contract(s) may be renewed for up to four (4) one (1) year renewal options upon mutual agreement of the parties to be evidenced in writing.

8.0 Evaluation Criteria

8.1 Pre-selection Criteria

8.1.1. Respondent shall have a minimum of two (2) engineers employed on a full-time basis. Both engineers must be Registered Professional Engineers in the State of Texas, each with a minimum of ten (10) years experience in project planning, engineering surveys, geotechnical investigation, soil testing, engineering design, and construction services of flood prevention and water resource projects.

8.1.2. Respondent shall have an interdisciplinary professional staff composed of an engineer, geologist, economist, biologist, and surveyor with a minimum of two

(2) of the professional disciplines besides engineering, each having a minimum of five (5) years experience.

8.1.3. Respondent shall have a minimum of one (1) project leader with a minimum of ten (10) years experience in project planning for water resource projects and preparing National Environmental Policy Act (NEPA) documents.

8.1.4. Respondent shall have a minimum of one (1) surveyor with a minimum of ten (10) years experience in engineering surveys for flood prevention, water resource and/or other federally funded projects.

8.1.5. Respondent shall have a minimum of two (2) draftspersons employed on a full-time basis, with a minimum of five (5) years combined experience in computer-aided design (CAD) and geographic information systems (GIS).

8.1.6. Respondent has an office located within 150 miles of Temple, Texas.

8.2 Selection Criteria

Respondents meeting the pre-selection criteria will be evaluated and ranked using the following selection criteria. The evaluation weighted factors are shown as a percentage (%). The selection of A&E under this RFQ shall be in accordance with Section 2254.004 of the Texas Government Code. TSSWCB will (1) first select the most highly qualified provider(s) of services on the basis of demonstrated competence and qualification, and (2) then attempt to negotiate with those provider(s) a contract at a fair and reasonable price.

Selection of the most highly qualified Respondents will be made on the basis of demonstrated competence and qualifications as determined by TSSWCB based upon the Qualifications submitted in response to this RFQ.

Page | 10

8.2.1. Professional qualifications necessary for satisfactory performance (20%). Evaluation will be based upon the number of qualified personnel, their registration or professional certification, their knowledge and level of experience associated with the requirements above, and their availability to perform work on this contract.

8.2.2 Specialized experience and technical competence of personnel in the type of work required (40%). Evaluation will be based on the extent of directly related personnel experience in engineering surveys, geotechnical engineering, engineering design and construction services, dam assessments, performing project planning of flood prevention and water resource related projects described;

personnel specialized education at the university level, and all other applicable education, training and professional certifications. Consideration will be given to those firms with knowledge of and direct experience in the application of the described requirements in project planning and engineering design of flood prevention and water resource related projects in Texas. Evaluation will include experience using HEC-RAS, SITES, TR66, WinDam, TR55 and TR20 computer models following TR60 guidelines, hydrologic and hydraulic design of complex watersheds, designing complex foundation and drainage features, experience in the engineering survey, engineering design and construction services of NRCS flood prevention and water resource projects and in the design of recreational areas near water bodies. Evaluation will include experience using economic analysis programs, or other programs as long as procedures are followed as outlined in Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies (PR&G) and DM 9500-013 USDA Guidance for Conducting Analyses Under the Principles, Requirements, and Guidelines for Water and Land Related Resources Implementation Studies and Federal Water Resource Investments, January, 2017. Evaluation will include experience in NRCS or US Army Corps of Engineers (USACOE) flood prevention and water resource planning related projects, formulating alternatives, as well as preparing NEPA related documents. A list of relevant projects with brief description of type of work performed which exemplify the firm’s work experience shall be documented for review (Federal SF-330 may be used). These work descriptions will be evaluated based on the documented complexity of work performed. Evaluation will be based on the number of engineers and their years experience in the use of the programs and the type of projects listed. Higher credit will be given for work on NRCS funded design projects within Texas and their degree of complexity.

8.2.3 Capacity to accomplish the work (20%). Evaluation will be based upon the number of personnel available in the disciplines described above, the quantity of existing work under contract, the schedules for completion of the existing work, and Respondent’s indication of which locations they will be able to service, including any limitations Respondent may have in relation to servicing any of the locations.

Page | 11

8.2.4 Past performance on contracts with government agencies, namely USDA-NRCS, and private industry (20%). Evaluation will be based upon the firm’s past experience with other government agencies and the private sector in performing the requirements described and the quality and timeliness of performance under previous contracts. References with contact names and telephone numbers must be provided. Higher credit will be given for work on NRCS related projects within Texas.

8.2.5 In the event that two or more Respondents have statistically close scores, then a tie breaker will consist of the evaluation of Respondents degrees of complexity for related projects.

9.0 Historically Underutilized Businesses

See Exhibit B and Section 4.10 above. It is the policy of TSSWCB to promote and encourage contracting and subcontracting opportunities for HUBs in all contracts. Accordingly, TSSWCB requires all Respondents to submit a HSP to identify any potential subcontracting opportunities and whether HUBs will be utilized. Failure to submit a required HSP will result in rejection of the Qualifications.

10.0 Submission of Qualifications

Submit five (5) identical hard copies and one (1) pdf copy on flash drive or CD of the Qualifications, including any supplemental printed material referenced within the Qualifications.

The Qualifications must be received on or before the time and date specified above by the point-of-contact identified in Section 6.

Late Qualifications properly identified will be returned to Respondent unopened. Late Qualifications, depending on circumstances, may be considered acceptable at TSSWCB discretion.

TSSWCB will not accept Qualifications that are delivered by telephone, facsimile (fax), or electronic mail (e-mail).

11.0 Evaluation of Qualifications

TSSWCB engineers or partner agency engineers will evaluate Qualifications. The evaluation will be based on the pre-selection and selection criteria described in Section 8. All responsive Qualifications will be evaluated and TSSWCB may enter into agreement with three (3) or more of the most highly qualified Respondents.

12.0 Respondent’s Acceptance of Evaluation Methodology

Page | 12

By submitting its Qualifications in response to this RFQ, Respondent accepts the evaluation process and acknowledges and accepts determination of the “most highly qualified” firm(s) will require subjective judgments by TSSWCB.

13.0 State Registration of Engineering Firms

Respondents are advised that the Texas Board of Professional Engineers requires that any entity providing engineering services to the public must register with the Texas Board of Professional Engineers. An entity is defined as a sole proprietorship, firm, partnership, corporation or joint stock association.

14.0 Attachments to the RFQ

Exhibit A: Draft Professional Services Contract between the Texas State Soil and Water Conservation Board and Professional Services Provider for Engineering Services

Exhibit B: HUB Subcontracting Plan

15.0 Execution of Offer

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH

RESPONDENT’S QUALIFICATIONS. FAILURE TO COMPLETE, SIGN AND RETURN

THIS EXECUTION OF OFFER WITH THE QUALIFICATIONS MAY RESULT IN

REJECTION OF THE QUALIFICATIONS.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED QUALIFICATIONS OR

ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY

RESULT FROM THE SUBMISSION OF RESPONDENT’S QUALIFICATIONS, AND

RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE

CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT

TSSWCB’S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT

OR PURCHASE ORDER.

15.1 By signature hereon, Respondent acknowledges and agrees that (1) this RFQ is a solicitation for Qualifications and is not a contract or an offer to contract; (2) the submission of Qualifications by Respondent in response to this RFQ will not create a contract between TSSWCB and Respondent; (3) TSSWCB has made no representation or warranty, written or oral, that one or more contracts with TSSWCB will be awarded under this RFQ; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent’s preparation of a response to this RFQ.

15.2 By signature hereon, Respondent offers and agrees to furnish to TSSWCB the products and/or services more particularly described in its Qualifications, and to comply with all terms, conditions and requirements set forth in the RFQ documents and contained herein.

Page | 13

15.3 By signature hereon, Respondent affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Qualifications.

15.4 By signature hereon, Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Texas Tax Code, or that Respondent is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable.

15.5 By signature hereon, Respondent hereby certifies that, in accordance with Section

2155.005 of the Texas Government Code, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such firm, corporation, or institution has (1) violated the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of Qualifications made to any competitor or any other person engaged in the same line of business as Respondent.

15.6 By Signature hereon, Respondent represents and warrants that:

15.6.1. Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions, and requirements of the

RFQ;

15.6.2. Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions, and requirements of the

RFQ;

15.6.3. Respondent is aware of and, is fully informed about, and is in full compliance with all applicable federal, state, and local laws, rules, and regulations and ordinances;

15.6.4. Respondent understands (i) the requirements and specifications set forth in this RFQ and (ii) the terms and conditions set forth in the contract under which Respondent will be required to operate;

15.6.5. If selected, Respondent will maintain insurance as required by the contract;

15.6.6. All statements, information, and representations prepared and submitted in response to this RFQ are current, complete, true, and accurate. Respondent acknowledges that TSSWCB will rely on such statements, information, and representations in selecting the successful Respondent(s). If selected by TSSWCB as a successful respondent, Respondent will notify TSSWCB immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information.

15.7 By signature hereon, Respondent certifies that the individual signing this document is authorized to sign such documents on behalf of Respondent and to bind Respondent under any agreements or other contractual arrangements, which may result from the submission of Respondent’s Qualifications.

Page | 14

15.8 By signature hereon, Respondent certifies that if a Texas address is shown as the address of Respondent, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

15.9 By signature hereon, Respondent certifies that under Section 231.006(d) of the Texas Family Code, Respondent certifies that the individual or business entity named in the Qualifications is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

15.10 By signature hereon, Respondent certifies that none of its employees including, but not limited to, those authorized to provide services under any resulting contract, were former employees of TSSWCB during the twelve (12) month preriod prior to the Qualifications. All such disclosures will be subject to administrative review and approval prior to TSSWCB entering into any contract with Respondent.

15.11 By signature hereon, pursuant to Section 2155.004(a) of the Texas Government Code, Respondent affirms that neither Respondent nor any person or entity represented by Respondent has received compensation from TSSWCB for participation in the preparation of the specifications for this RFQ.Under Section 2155.004(b) of the Texas Government Code, Respondent certifies that the individual or business entity named in the Qualifications is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

15.12 Respondent represents and warrants that all articles and services quoted in response to this RFQ meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effort or proposed as of the date of this solicitation.

15.13 By signature hereon, Respondent signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

15.14 BY SIGNATURE HEREON, RESPONDENT AGREES TO INDEMNIFY AND

HOLD HARMLESS THE STATE OF TEXAS, ALL OF ITS OFFICERS, AGENTS,

EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR

DESIGNEES FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS, OR

LIABILITY, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM

VIOLATIONS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND/OR

ANY ACTS OR OMISSIONS OF RESPONDENT OR ANY AGENT, EMPLOYEE,

SUBCONTRACTOR, OR SUPPLIER OF RESPONDENT IN THE EXECUTION OR

PERFORMANCE OF ANY AGREEMENTS OR OTHER CONTRACTUAL

ARRANGEMENTS WHICH MAY RESULT FROM SUBMISSION OF

RESPONDENT’S QUALIFICATIONS. THE DEFENSE SHALL BE

COORDINATED BY RESPONDENT WITH THE OFFICE OF THE ATTORNEY

GENERAL (“OAG”) WHEN TEXAS STATE AGENCIES ARE NAMED

DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO

Page | 15

ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE

FROM OAG. RESPONDENT AND TSSWCB AGREE TO FURNISH TIMELY

WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

15.15 By signature hereon, Respondent agrees that any payments that may become due under any agreements or other contractual arrangements, which may result from the submission of Respondent’s Qualifications, will be applied towards any debt or delinquency that is owed to the State of Texas, including but not limited to, delinquent taxes, student loan payments, and child support.

15.16 By signature hereon, Respondent certifies that no member of TSSWCB governing board or executive officers has a financial interest, directly or indirectly, in the transaction that is the subject of the RFQ.

15.17 By signature hereon, Respondent agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts.

15.18 By signature hereon, Respondent acknowledges that it may not assign the resulting contract or assign, transfer, or delegate, in whole or in part, any of its interest in, or rights or obligations under, the contract without the prior written consent of TSSWCB, and any attempted or purported assignment, transfer, or delegation thereof without such consent shall be null and void.

15.19 By signature hereon, Respondent represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552 of the Government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

15.20 By signature hereon, Respondent certifies that the individual or business entity named in the Qualifications is not ineligible to receive the specified contract under Section

161.0085 of the Texas Health and Safety Code.

15.21 By signature hereon, pursuant to Section 2274.0102 of the Texas Government Code, Respondent certifies that neither it nor its parent company, nor any affiliate of Respondent or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or (2) headquartered in any of those countries.

15.22 By signature hereon, in accordance with 13 TAC § 6.94(a)(9), Respondent agrees to provide TSSWCB the descriptions of its business continuity and disaster recovery plans upon request of TSSWCB.

Page | 16

15.23 By signature hereon, pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002;

or (ii) it does not boycott Israel and will not boycott Israel during the term of any contract resulting from this RFQ. Respondent must state any facts that make it exempt from the boycott certification in its Qualifications.

15.24 By signing hereon, Respondent certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security’s E-Verify system to determine the eligibility of: 1. all persons employed to perform duties within Texas during the term of any contract resulting from this RFQ; and 2. all persons, including subcontractors, assigned by Respondent to perform work pursuant to the contract within the United States of America.

15.25 By signing hereon, Respondent certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

15.26 By signing hereon, Respondent certifies that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

15.27 By signing hereon, pursuant to Section 2155.0061 of the Texas Government Code, Respondent certifies that the individual or business entity named in the Qualifications is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate

15.28 By signing hereon, Respondent certifies that the provision of goods and services or other performance under any contract resulting from the RFQ will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

15.29 By signing hereon, under Sections 2155.006 and 2261.053 of the Texas Government Code, the Respondent certifies that the individual or business entity named in the Qualifications is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

15.30 By signing hereon, Respondent acknowledges that information, documentation, and other material in connection with this RFQ or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (“Public Information Act”). In accordance with Section 2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State.

Page | 17

15.31 By signing hereon, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Respondent agrees to perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.

15.32 By signing hereon, pursuant to Section 669.003 of the Texas Government Code, Respondent certifies that it is not (1) the executive head of TSSWCB, (2) a person who at any time during the four years before the date of any resulting contract was the executive head of TSSWCB, or (3) a person who employs a current or former executive head of

TSSWCB.

15.33 By signing hereon, Respondent certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration.

15.34 By signing hereon, Respondent acknowledges that any terms and conditions attached to Qualifications will not be considered unless specifically referred to in the Qualifications.

Page | 18

EXECUTION OF OFFER: RFQ No.592-23-RFQ003

Respondent must complete, sign, and return this Execution of Offer as part of their submittal response. Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject the submittal to disqualification.

Respondent’s Name: ____________________________________________________

Respondent’s State of Texas Tax Account No: _______________________________ (This 11 digit number is mandatory)

If a corporation:

Respondent’s State of Incorporation: _______________________________________

Respondent’s Charter No: _______________________________________

Identify each person who owns at least 25% of Respondent’s business entity by name and social security number:

(Name and Social Security Number)

(Name and Social Security Number)

(Name and Social Security Number)

(Name and Social Security Number)

Submitted and Certified By:

(Respondent’s Name) (Title)

(Street Address) (Telephone Number)

(City, State, Zip Code) (Email address)

(Authorized Signature) (Date)