ESBD_File_332126_RFP 23-367 Laboratory Testing of Wastewater.pdf

RFP No. 23-367 Page 1 of 12 Laboratory Testing of Wastewater

REQUEST FOR PROPOSAL (“RFP”) 23-367

LABORATORY TESTING OF WASTEWATER

AUGUST 1, 2023

The City of Missouri City (“CITY”), Texas is soliciting sealed proposals from laboratories accredited by the State of Texas under the National Environmental Laboratory Accreditation Program (NELAP) with the intent to establish a multi-year contract with a laboratory that can provide all the necessary equipment, qualified personnel, insurance, materials, supplies, resources, reporting, and any other ancillary item(s) or service(s) needed to perform effluent and influent testing of discharged wastewater from the Steep Bank Flat Bank Creek Wastewater Treatment Plant (“WWTP”) located at 6310 Oilfield Rd Missouri City TX, 77459.

All laboratory testing will be done in accordance with the requirements specified in the TCEQ Permit To Discharge Wastes issued February 11, 2019, attached herein as Exhibit A, and the terms and conditions herein.

Interested TCEQ Laboratories who wish to respond to this solicitation must submit the required documents specified in Section 45 Submittals in a sealed envelope/package by 3 P.M. Central Daylight Time (“CDT”) August 25, 2023, addressed to:

The City of Missouri City, Texas Attn: City Secretary’s Office

Subject: RFP 23-367 (Do Not Open) 1522 Texas Parkway Missouri City, Texas 77489

Proposers should monitor the website listed in Exhibit B Procurement Schedule for any Amendments to this solicitation.

The CITY will accept sealed envelopes/packages between the hours of 8 A.M. and 5 P.M.

Monday thru Friday only at the above location and is not responsible for sealed envelopes/packages delivered late and/or to the incorrect address.

The CITY will not accept electronic responses to this solicitation, nor evaluate responses that are received after the specified due date. Proposers are highly encouraged to pay particular attention to Exhibit B Procurement Schedule, which contains information where to send questions regarding this solicitation.

Kevin M. Coleman, MS, C.P.M.

Procurement Manager, City of Missouri City, Texas http://www.missouricitytx.gov/

RFP No. 23-367 Page 2 of 12

Terms and Conditions

Section 1. Amendments:

The CITY reserves the right to change the requirements and terms and conditions specified herein via an Amendment, and any Amendment(s) is binding as if it were originally incorporated in this solicitation.

The CITY will not be bound by any oral explanations, instructions, clarifications, representations, or requirements regarding this solicitation unless it is issued by the CITY via an Amendment.

Interested firms are highly encouraged to monitor the websites listed in Exhibit B Procurement Schedule for any Amendment(s) that may affect this solicitation.

Section 2. Anti-Trust Violations:

Interested firms that engage in consistent and continued tie bidding could cause rejection of their proposal by the CITY and result in an investigation for possible Anti-trust violations.

Section 3. Basis for Award:

The CITY intends to award a contract to the respondent(s) who can provide the required goods or services at the best value for the CITY; consequently, it may consider the following to determine the best value:

• Purchase price;

• Reputation of the bidder and the bidder's goods or services;

• Quality of the bidder's goods or services;

• Extent to which the goods or services meet the CITY's needs;

• Bidder's past relationship with the CITY;

• Impact on the ability of the CITY to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations

• Employing persons with disabilities;

• Total long-term cost to the CITY to acquire the bidder's goods or services, and,

• Any relevant criteria specifically listed in the request for bids or proposals.

The CITY intends to negotiate and award a contract with one (1) firm that is in its best interests; however, it reserves the right to issue multiple contracts as a result of this solicitation.

The term “responsible" refers to the financial, practical ability, experience, and safety record of a respondent.

Section 4. Billable Charges:

All billable charges shall be included in the unit price and reflected in the Total Proposed Price.

Section 5. Blackout Period:

RFP No. 23-367 Page 3 of 12

Upon issuance of the solicitation and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award information, proposers desiring to respond to this solicitation nor persons acting on their behalf will not communicate (orally or in writing) with any appointed or elected official or employee of the CITY (including their families) regarding this solicitation. Such action may be perceived as trying to obtain an unfair competitive advantage by attempting to persuade or influence the outcome of this solicitation.

Nothing prevents a proposer from contacting the Purchasing Division (who is the sole contact for this solicitation) per Exhibit B Procurement Schedule, or from making public statements to City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council Committee convened to discuss a recommendation regarding this solicitation.

Section 6. Brand Names:

Any catalog, brand name, or manufacturer’s reference used in this solicitation is descriptive (and not restrictive) and is intended to indicate the type and quality desired. Bids on brands of like nature and quality will be considered. If proposing on other than reference specifications, the proposer must show the manufacturer, brand or trade name, lot number, etc., of what is being offered. If other than the brand(s) specified is offered, illustrations and complete descriptions should be submitted to the CITY. If a proposer takes no exceptions to the specifications or reference data, they will be required to furnish brand names, numbers, etc., as specified. All items proposed shall be new, in first-class condition, and the manufacturer’s latest model and design including containers suitable for shipment and storage, unless otherwise indicated herein. Verbal agreements to the contrary will not be recognized.

If the brochure or information included with the sealed proposal does not exactly describe the item to be furnished, then its variance should be listed in Attachment G Exemptions.

Section 7. Cancellation:

The CITY reserves the right to cancel this solicitation at any time for any reason and may re-solicit the goods and services identified herein.

Section 8. City Council Approval:

Based on the results of this solicitation, any contract resulting from this solicitation may require the approval of the City Council of Missouri City, Texas.

Section 9. Clarification:

The CITY reserves the right to contact a proposer to have them clarify their proposal or request additional information.

Failure of a proposer to respond promptly with the information requested by the CITY may result in a proposal being removed from further consideration by the CITY.

Section 10. Compliance with Laws:

RFP No. 23-367 Page 4 of 12

The successful proposer shall:

• Ensure all equipment, supplies, and work furnished under the contract resulting from this solicitation complies with all applicable State and Federal Laws, City Ordinances, and any other regulations; and,

• Seek, obtain, and pay (independent of the CITY), all permits, certificates, and licenses required and necessary for the performance of the work specified herein, and post any notice(s) required by law.

Section 11. Contract:

The CITY reserves the right to propose the terms and conditions of any contract resulting from this solicitation.

Section 12. Damages:

If the successful proposer is required to perform any work on the CITY’s property, they shall be responsible for any damage(s) to the CITY’s equipment or property while performing the work under the executed contract.

Section 13. Discrepancies:

A proposer who finds any ambiguities, errors, omissions, or inconsistencies in this solicitation should follow the instructions in Exhibit B Procurement Schedule regarding the submittals of questions.

Section 14. Due Diligence:

To protect the CITY’s best interests, the CITY may require the proposer (before the award of any contract), to show that it has the ability, capacity, and financial resources to provide the services specified herein in a satisfactory manner. Consequently, by submission of a proposal in response to this solicitation, the proposer agrees to promptly furnish to the CITY all requested information.

The CITY may take whatever actions are proper and necessary to determine if the proposer has the ability, capacity, and final resources to provide the services specified herein in a satisfactory manner.

Section 15. Equal Opportunity Employer:

If awarded a contract as a result of this solicitation, the proposer acknowledges that they are an Equal Opportunity Employer, and they do not engage in employment practices that have the effect of discriminating against employees or prospective employees because of race, color, religion, national origin, sex, age, handicap, or political belief or affiliation.

Should complaints of any form of discrimination, either in the dispensation of the service or within company hiring policies be substantiated, any contract issued as a result of this solicitation may be terminated immediately.

RFP No. 23-367 Page 5 of 12

Section 16. Errors:

A proposal that has been opened may not be changed to correct an error in the bid price.

However, should there be an error between the unit price and the extension price, the unit price shall govern.

Section 17. Ethical Behavior:

Respondents (and their authorized representatives/agents) will not engage in any behavior directly or indirectly that attempts to obtain favorable treatment concerning the outcome of this solicitation.

The CITY may, by written notice, cancel the contract without liability if it is determined by the CITY that a proposer who was awarded a contract engaged in unethical behavior.

Section 18. Evaluation Criteria:

See Exhibit C Evaluation Criteria attached herein.

The CITY’s Evaluation Committee may use subjective judgments during the evaluation of proposals.

Section 19. Evaluation Process:

See Exhibit D Evaluation Process attached herein.

Section 20. Exceptions:

Any proposed exception(s) and/or modification(s) to any of the requirements or terms and conditions specified herein must be succinctly annotated on Attachment G Exceptions.

The CITY will review all statements annotated on Attachment D Exceptions to determine if they are in the best interests of the CITY, and reserves the right to accept, reject, modify, or negotiate any exceptions.

Section 21. Fees and Expenses:

Any additional fees and expenses, unless clearly identified and mutually agreed upon shall be the sole responsibility of the proposer.

Section 22. Form 1295 Certificate of Interested Party:

To comply with § 2252.908 of the Texas Government Code, this solicitation will require the proposer to comply with the Texas Ethics Commission requirements regarding the disclosure of interested parties.

Therefore, the CITY requires that your sealed proposal/package include a completed Form 1295 which can be obtained by going to https://www.ethics.state.tx.us/filinginfo/1295/.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm https://www.ethics.state.tx.us/filinginfo/1295/

RFP No. 23-367 Page 6 of 12

The CITY strongly encourages proposers to view the Instructional Video for Business Entities and read the Frequently Asked Questions.

Enter “23-367” as the Contract ID Number when prompted.

Section 23. Forms:

All documents relating to this solicitation can be obtained from the websites listed in Exhibit B Procurement Schedule, and respondents are responsible for ensuring they have the complete solicitation (including any documents incorporated by reference) and understand the project requirements and terms and conditions specified herein.

Proposers should thoroughly review the documents provided and are encouraged to ask questions (per Exhibit B Procurement Schedule) about this solicitation. By doing so, the proposer is provided with an opportunity to obtain as much information as they deem necessary about this project to their satisfaction (including any potential difficulties), with the goal to submit to a complete, professional, and competitive proposal to the CITY.

It is up to the proposer to determine if any independent research is necessary in order to submit a complete, professional, and competitive proposal to the CITY.

Section 24. Freight:

If the shipment and delivery of any item(s) are required, all prices quoted shall be Free On Board (“FOB”) Destination.

Section 25. Informalities:

While evaluating the responses to this solicitation, the CITY may waive as an informality, any minor deviations in a proposer’s response provided such deviations do not affect a proposer’s competitive standing.

Section 26. Infringements:

During the term of the contract, the CITY shall be protected from any claims involving infringement of patents or copyrights.

Section 27. Insurance:

The CITY reserves the right for the successful proposer to require the successful proposer to have insurance during the term of the proposed contract.

The successful proposer shall be liable for the health and safety of its employees while they are performing the work under the executed contract.

RFP No. 23-367 Page 7 of 12

Section 28. Interlocal Agreement:

A Governmental entity that has an Inter-local Agreement with the CITY shall be allowed to utilize this contract if there is a mutual agreement between the entity and the contractor. Any usage by any entity of the contract is between the successful proposer and the individual entity, and shall not affect the award of a contract as a result of this solicitation.

Section 29. Invoices:

Invoices must be itemized and issued monthly. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned for correction. Invoices submitted for payment shall be emailed to accountspayable@Missouricitytx.gov.

Section 30. Negotiations:

The CITY may elect to negotiate with proposers to establish a contract that is most advantageous to the CITY.

All negotiations will be done in good faith, and conducted in a professional and business-like manner.

Section 31. Notice To Proceed (NTP):

The CITY may issue an NTP to the successful proposer(s), and they agree to abide by the requirements, and terms and conditions specified therein.

Section 32. Pay:

The CITY shall pay for acceptable products/services net thirty (30) days after acceptance of the required goods and/or services. Acceptance by the CITY occurs when the CITY is satisfied with the delivered products and/or services.

The CITY reserves the right to process payments by use of a corporate Procurement Credit Card (“P-Card”) issued by J. P. Morgan Chase, and the proposer agrees not to charge the CITY any fees associated with the use of the P-Card.

Section 33. Payment Terms:

Payments shall be made to the successful proposer annually in arrears. The agreement resulting from this solicitation, however, shall contain a provision whereby the CITY, at its sole option, may exercise an early payoff clause and all lease payments made shall be applied to the total lease amount. The early payoff shall not exceed the original total lease less all lease payments made plus any interest then due and payable, and, if any, early payoff interest or penalty.

Section 34. Pricing:

All risk and responsibility for pricing shall remain with the proposer, and all prices quoted shall be turnkey and remain firm during the term of the executed contract. Any deviation(s) from this requirement must be annotated on Attachment D Exceptions.

mailto:accountspayable@Missouricitytx.gov

RFP No. 23-367 Page 8 of 12

All prices submitted to the CITY will be developed independently and in a professional business-like manner that will not restrict competition. The CITY is tax-exempt;

consequently, quoted prices should not include taxes.

Section 35. Price Sheet:

See Attachment C thru E.

Section 36. Proprietary Information:

All responses to this solicitation received and opened by the CITY are subject to the Texas Government Code, Chapter 552, and will be made available to the public. Except for the prices which shall not be kept confidential, proposers seeking to keep any other portion(s) of their proposal confidential shall mark each that portion as “Proprietary”. The CITY will, to the extent allowed by law, endeavor to protect such information from disclosure. The CITY may request a review and determination from the Attorney General’s Office of the State of Texas, of any contents marked as “Proprietary”. A copyright notice or symbol is insufficient to identify proprietary or confidential information.

Section 37. Project Manager:

The CITY will appoint a Project Manager who will monitor the performance of the successful proposer during the term of the contract.

Section 38. Proposer’s Responsibility:

At the time of the opening of the sealed responses, a proposer is assumed to have inspected/visited the job sites (if applicable), understand the scope of the project requirements, and be familiar with the terms and conditions of the proposed contract.

Section 39. Requirements:

All goods and/or services offered (and subsequently delivered to the CITY), must meet or exceed the minimum specifications and requirements specified herein.

Section 40. Resubmission:

A respondent may resubmit a proposal at any time, as long as it is received by the CITY in accordance with the requirements specified on page 1 of this solicitation, or any Amendment(s) issued by the CITY.

Section 41. Reservation of Rights:

At a minimum, the CITY expressly reserves the right to:

• Reissue this solicitation;

• Reject or cancel any or all proposals;

• Specify approximate quantities in this solicitation:

• Extend the closing date and time of this solicitation;

• Procure the required good(s) or service(s) by other means;

RFP No. 23-367 Page 9 of 12

• Add additional requirements, and terms and conditions to this solicitation;

• Reject a proposal that has material omissions and/or contains fraudulent information;

• Consider and accept alternate proposals if specified herein when it is most advantageous to the CITY;

• Reject any proposal containing exceptions, additions, qualifications, or conditions not called for in this solicitation; and/or,

• Reject any proposal from a proposer who is currently debarred or suspended by the

City, State, or Federal Government.

The above is not all-inclusive but is intended to convey that the CITY will take the necessary steps to protect its best interests.

Section 42. Silence of Specifications:

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

Section 43. Site Visit:

The CITY may visit a proposer’s site/facility to determine firsthand if they have the capacity, resources, and personnel to perform the work specified herein.

Section 44. Submission of Proposals:

All responses to this solicitation become the property of the CITY, and they will not be returned to the proposer.

A proposal may be withdrawn (i.e., removed from further consideration) after it has been received by the CITY, provided a letter addressed to the City’s Procurement Manager is e-mailed to Bids@missouricitytx.gov stating this request and the reason for the withdrawal.

The CITY will publicly open the sealed responses immediately after the due date specified on page 1 of this solicitation, or the date and time specified in any Amendment(s) issued by the CITY.

Proposers may attend the public opening of the sealed responses by reporting to the front desk at City Hall 1522 Texas Parkway Missouri City, Texas 77489, and letting the receptionist know of their desire to attend the opening of the sealed responses.

Proposals shall be opened to avoid disclosure of contents to competing offers, and only the name and location of the proposers will be announced. The CITY will not determine the successful proposer immediately after the proposals are opened.

All proposals submitted to the CITY shall be valid for ninety (90) days from the specified due date.

mailto:Bids@missouricitytx.gov

RFP No. 23-367 Page 10 of 12

Section 45. Submittals:

The sealed envelope/package must contain a complete original proposal that will provide the CITY with the requested services. It must be manually signed, and submitted on a flash drive as one (1) complete pdf adobe document in the following sequence:

• Attachment A Proposal Cover Sheet

• Information Required per Attachment B Submittal Requirements

• Attachment C thru E Price Sheets

• Attachment F Customer Reference List

• Attachment G Exceptions

• Attachment H Resident Certification

• Attachment I Certification Regarding Debarment, Suspension, Ineligibility, and

Voluntary Exclusion (Page 2 of 2 only)

• Attachment J Application for Local Preference Consideration (if applicable)

• Form 1295 Certificate of Interested Party

• Certificate of Insurance

Proposals that do not comply with the instructions specified herein and/or do not address the CITY’s requirements may be removed from further consideration. However, the CITY reserves the right to accept said proposal if it is determined to be in the best interests of the

CITY.

Incomplete responses may be deemed non-responsive and removed by the CITY from further consideration.

The CITY is not responsible or liable for any costs incurred (directly or indirectly) by a proposer relating to the development of a response to this solicitation, or the proposer’s participation in any presentation(s) to the CITY.

Section 46. Substitutions:

Substitutions or deviations from the requirements or terms and conditions specified herein by the successful proposer(s) will not be accepted unless it has the prior written approval of the CITY.

Section 47. Supplements:

The following documents referenced in this solicitation are attached herein:

• Attachment A Proposal Cover Sheet

• Attachment B Submittal Requirements

• Attachment C thru E Price Sheets

• Attachment F Customer Reference List

• Attachment G Exceptions

• Attachment H Resident Certification

• Attachment I Certification Regarding Debarment, Suspension, Ineligibility, and

Voluntary Exclusion

RFP No. 23-367 Page 11 of 12

• Attachment J Application for Local Preference Consideration

• Exhibit A TCEQ Permit to Discharge Wastes Issued February 11, 2019

• Exhibit B Procurement Schedule

• Exhibit C Evaluation Criteria

• Exhibit D Evaluation Process

• Exhibit E Draft Contract

Proposers are responsible for ensuring they have the complete solicitation (including any documents incorporated by reference) and understand the project requirements and terms and conditions specified herein.

RFP No. 23-367 Page 12 of 12

Cover Page To

Exhibit A TCEQ Permit to Discharge Wastes

Issued February 11, 2019

Attachment A Page 1 of 1

RFP 23-367

Attachment A Proposal Cover Sheet

REQUEST FOR PROPOSAL (“RFP”) 23-367

LABORATORY TESTING OF WASTEWATER

LEGAL NAME OF COMPANY

PRIMARY CONTACT PERSON TITLE

PRIMARY TELEPHONE/CELL NUMBER E-MAIL ADDRESS

ALTERNATE CONTACT PERSON TITLE

ALTERNATE TELEPHONE/CELL NUMBER E-MAIL ADDRESS

COMPLETE MAILING ADDRESS CITY/STATE/ZIP CODE

COMPLETE STREET ADDRESS CITY/STATE/ZIP CODE

(IF DIFFERENT THAN MAILING ADDRESS)

COMPANY TAX ID. NO. AUTHORIZED SIGNATURE

The above agrees to comply with the requirements and terms and conditions annotated in the above-referenced solicitation and is providing the documents and information identified in the Section entitled: “Submittal Documents”.

Attachment B Page 1 of 1

Attachment B

Submittal Requirements

The sealed proposal must follow the outline as set forth below and at a minimum contain:

A letter of transmittal which shall include:

1. A statement that the proposer acknowledges the receipt of this solicitation (and amendments thereof) understands the intent and scope of the solicitation, and submits a proposal in good faith to the CITY.

2. A statement that the person signing the letter of transmittal is authorized to legally bind the proposer; that the proposal contained therein shall remain firm for a period of ninety (90) days, and that the proposal will comply with the requirements specified in this solicitation.

A narrative that will facilitate the CITY evaluating each response relative to Exhibit C Evaluation Criteria:

3. Project / Service Approach: Provide a thorough description of how you propose to provide the CITY with the required level of service specified in Exhibit A during standard business hours (i.e., 8 to 5 Monday thru Friday), and during periods of emergencies.

Describe the frequency of any reporting requirements, and what measures will be employed to ensure the CITY is provided with the highest level of quality control.

Note: The response to this Evaluation Criteria will allow the CITY to determine the degree to which the proposal is advantageous to the CITY.

4. Expertise / Experience / Qualifications: Provide the credentials and training of assigned key personnel who will be performing the required services, explain how the CITY will be provided with the highest level of customer service during standard business hours and periods of emergencies, describe what will be used to provide the required services, and indicate if any outsourcing that may be required. Include the most recent certificate(s) issued by TCEQ.

Note: The response to this Evaluation Criteria will allow the CITY to determine the degree to which the proposer has the in-house subject-matter expertise, organizational stability/structure, financial resources, and ability to perform the required level of service specified in Exhibit A.

5. Cost: Include a Supplement Fee Schedule that itemizes all the services and their corresponding fees needed to perform the required level of service described in Exhibit A.

Note: The response to this Evaluation Criteria (along with Exhibits C thru E) will allow the CITY to determine the degree to which the proposal contains a fixed-priced multi-year competitive price for the required level of service specified in Exhibit A, and item 3 above.

Attachment C

Year 1 Price Sheet (See Note)

Annotate the turn-key prices to perform the following Testing Packages:

Effluent Testing Package

Item Testing Parameters Monthly Qty. Unit Price Extended Price 1 Carbonaceous Biochemical

Oxygen Demand-5 (CBOD)

Total Suspended Solids (TSS)

Ammonia-(NH3-N)

E-Coli

5 SUBTOTAL OF MONTHLY EFFLUENT TESTING PACKAGE: $_____________

Influent Testing Package

Item Testing Parameters Unit Price Extended Price pH

Volatile Suspended Solids (VSS)

Fixed & Organic (Concentration)

Total Solids (TS%) &

Volatile Solids (VS) %

SUBTOTAL OF INFLUENT TESTING PACKAGE:

13 YEAR 1 TOTAL PRICE FOR EFFLUENT & INFLUENT TESTING: $_____________

NAME OF AUTHORIZED INDIVIDUAL SIGNATURE

Note: This represents the CITY’s best efforts to identify and quantify its need; consequently, the undersigned acknowledges the CITY makes no commitment (orally or in writing) as to the amount or type of service (which may increase or decrease at any time), that may be required during the term of any contract resulting from this solicitation and agrees that any changes in the amount or type of service will not affect the above prices:

Attachment C Page 1 of 3

Attachment D

Year 2 Price Sheet

Oxygen Demand-5 (CBOD)

13 YEAR 2 TOTAL PRICE FOR EFFLUENT & INFLUENT TESTING: $_____________

Note: This represents the CITY’s best efforts to identify and quantify its need; consequently, the undersigned acknowledges the CITY makes no commitment (orally or in writing) as to the amount or type of service (which may increase or decrease at any time), that may be required during the term of any contract resulting from this solicitation and agrees that any changes in the amount or type of service will not affect the above prices:

Attachment D Page 2 of 3

Attachment E

Year 3 Price Sheet

Oxygen Demand-5 (CBOD)

13 YEAR 3 TOTAL PRICE FOR EFFLUENT & INFLUENT TESTING: $_____________

Note: This represents the CITY’s best efforts to identify and quantify its need; consequently, the undersigned acknowledges the CITY makes no commitment (orally or in writing) as to the amount or type of service (which may increase or decrease at any time), that may be required during the term of any contract resulting from this solicitation and agrees that any changes in the amount or type of service will not affect the above prices:

Attachment E Page 3 of 3

Attachment F Page 1 of 1

Attachment F Customer Reference List

Provide three (3) former or current customers your Firm has provided services similar to the work specified in this solicitation:

Reference 1

Company Name: ____________________________________________ Phone No.: _________________

Address: ________________________________________City/State/Zip Code:_____________________

Name of Contact Person:_____________________________Title of Contact Person:________________

E-mail address of Contact Person:____________________Phone No. of Contact Person:____________

Contract Award Date:______________________ Dollar Amount of Contract/Service:________________

Description of Service(s): ________________________________________________________________

Reference 2

Company Name: ____________________________________________ Phone No.: _________________

Address: ________________________________________City/State/Zip Code:_____________________

Name of Contact Person:_____________________________Title of Contact Person:________________

E-mail address of Contact Person:____________________Phone No. of Contact Person:____________

Reference 3

Company Name: ____________________________________________ Phone No.: _________________

Address: ________________________________________City/State/Zip Code:_____________________

Name of Contact Person:_____________________________Title of Contact Person:________________

E-mail address of Contact Person:____________________Phone No. of Contact Person:____________

Attachment G Page 1 of 1

Attachment G Exceptions

The (insert name of your company) _________________________________________________ check one: *does not have (__) or **has (__) the following exception(s) to the requirements specified in this solicitation:

Notes:

*This Attachment must be completed even if there are no exemptions.

**Attach additional sheets if necessary.

Attachment H

Resident Certification

Chapter 2252 of the Texas Government Code “CONTRACTS WITH GOVERNMENTAL

ENTITY, SUBCHAPTER A. NONRESIDENT BIDDERS”:

In accordance with Chapter 2252 of the Texas Government Code, a governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is:

(1) Not less than the greater of the following: (A) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located; or (B) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which a majority of the manufacturing relating to the contract will be performed; or

(2) Not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in: (A) the state in which the nonresident’s principal place of business is located; or (B) a state in which the nonresident is a resident manufacturer.

Definitions

(3) "Government contract” means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment.

(4) "Governmental entity” includes a municipality.

(5) “Nonresident bidder” refers to a person who is not a resident.

(6) “Resident bidder” refers to a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.

I certify that as defined in Texas Government Code, Chapter 2252 that:

Yes, I am a Texas Resident bidder

No, I am not a Texas Resident bidder

COMPANY NAME:

SECRETARY OF STATE FILING NUMBER: _______________________________

PRINTED NAME:

SIGNATURE:

Attachment H Page 1 of 1

Attachment I

Instructions For Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Federal Funding

1. By signing and submitting this proposal and the certification form, the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) is providing the certification set out on the following form in accordance with these instructions.

2. The certifications in this clause are a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective participant (BIDDER/PROPOSER/ SUBRECIPENT) knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) shall provide immediate written notice to the person to whom this bid/proposal is submitted if at any time the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, "without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower-tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the No Procurement List.

8. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Attachment I Page 1 of 2

Certification Regarding Debarment, Suspension, Ineligibility, And Voluntary Exclusion

Project Name:

Location:

Solicitation No.:

This certification is required (or may be required) by the federal regulations implementing Executive Order 12549, Debarment and Suspension. The regulations were published as Part VII of the May 26, 1988, Federal Register (pages 19160-19211).

READ INSTRUCTIONS BEFORE COMPLETING THE CERTIFICATION

(1) The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) certifies, by submission of this document that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State Department or Agency.

(2) Where the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation.

Company

Name and Title of Authorized Representative

Signature Date

Attachment I Page 2 of 2

Attachment J Application for Local Preference Consideration

Section 271.9051 (b) of the Texas Local Government Code

“CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS IN

CERTAIN MUNICIPALITIES”:

If you DO NOT have your principal place of business located within the City of Missouri City, Texas – STOP – do not fill out this form.

Texas Local Government Code Section 271.9051 (b): In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of the contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.

THIS “APPLICATION FOR LOCAL PREFERENCE CONSIDERATION” DOES NOT MEAN

THE CITY OF MISSOURI CITY, TEXAS IS LIMITING RESPONSES TO THIS SOLICITATION

ONLY TO THOSE BUSINESSES LOCATED WITHIN THE CITY LIMITS. ALL RESPONSES

ARE WELCOME. THE CITY RESERVES THE RIGHT TO REJECT ALL RESPONSES.

INTERESTED FIRMS WHO WISH TO QUALIFY UNDER THE LOCAL PREFERENCES LAW

MUST HAVE THEIR PRINCIPAL PLACE OF BUSINESS LOCATED WITHIN THE LIMITS

CITY OF MISSOURI CITY, TEXAS.

If your principal place of business is within the Missouri City, Texas limits AND you want to apply for local preference consideration, then you MUST:

1. Complete this form; and

2. Describe in writing, and attach supporting documentation, the additional economic development opportunities for the City of Missouri City, Texas that will be created if you are awarded this contract. Include the number of Missouri City, Texas residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of Missouri City, Texas if you are awarded this contract.

I certify that I am a local bidder.

COMPANY NAME:

ADDRESS OF PRINCIPAL PLACE OF BUSINESS (DO NOT PUT P.O. MAILING ADDRESS):

PRINTED NAME:

SIGNATURE:

*** Read item #2 above BEFORE signing. ***

Attachment J Page 1 of 1

Exhibit B Page 1 of 1

Exhibit B

Procurement Schedule

Item Event Date

Legal Posting in Fort Bend Independent Newspaper

August 9, 2023

Posting of all documents relating to this solicitation on the following websites:

• http://www.txsmartbuy.com/esbd

• https://www.demandstar.com

• https://www.periscopeholdings.com/s2g

August 9, 2023

Submit Written Questions and/or any discrepancies per Section13 of the solicitation to Bids@MissouriCitytx.gov

(Note: Questions must be submitted on your company letterhead, dated, addressed to the City’s Procurement Manager, and reference “RFP 23-367”. The CITY will not respond to comments, suggestions, or observations about this project.)

3 P.M. CDT

August 16, 2023

Posting of Answers to Written Questions on the following websites:

• http://www.txsmartbuy.com/esbd

• https://www.demandstar.com

• https://www.periscopeholdings.com/s2g

(Note: You are encouraged to monitor the websites for any Amendments that may affect this solicitation.)

August 18, 2023

Due Date for Sealed Responses

(Note: See page 1 of this solicitation where to send the sealed responses and Section 45 Submittal Documents for the documents/information that must be submitted by the specified due date.)

August 25, 2023

Contract Executed

September 2023 (Approximately) http://www.txsmartbuy.com/esbd https://www.demandstar.com/ mailto:Bids@MissouriCitytx.gov http://www.txsmartbuy.com/esbd https://www.demandstar.com/

Exhibit C Page 1 of 3

Exhibit C Evaluation Criteria

All responses submitted by the specified due date will be evaluated by the Evaluation Committee who will assign a raw score for each criterion using a 100-point scoring scale. The cumulative score will be determined by converting the raw score for each criterion into a weighted score using the applicable weighted percentage.

Criteria 1: Project / Service Approach - (Published Weight 25%)

• This criteria will be used to score how a proposer’s planned methodology will meet the City’s requirements.

Score (Raw Data)

Rating Definition

90 – 100 Excellent The proposer:

• Provided a succinct and comprehensive well-developed methodology that exceeds the project requirements;

• Offered a proposal that is very advantageous to the CITY; and,

• Did not take any exceptions to the project requirements and/or terms and conditions contained herein.

80 - 89 Good

The proposer:

• Provided a succinct and comprehensive well-developed methodology that meets the project requirements;

• Offered a proposal that is advantageous to the CITY); and,

• Submitted a proposal with at least one (1) exception to the project requirements and/or terms and conditions contained herein.

70 - 79 Satisfactory The proposer:

• Provided a methodology that may meet the project requirements;

• Offered a proposal that may be advantageous to the CITY); and,

• Submitted a proposal with more than one (1) exception to the project

50- 69

Marginal

• Provided a methodology that may not meet the project requirements;

• Offered a proposal that may not be advantageous to the CITY); and,

• Submitted a proposal with many exceptions to the project

0 – 49

Unsatisfactory

The proposer did not provide a methodology that is advantageous to the

CITY.

Exhibit C Page 2 of 3

Criteria 2: Expertise / Experience / Qualifications - (Published Weight 50%)

• This criteria will be used to score a proposer’s qualifications and cumulative experience.

Score (Raw Data)

Rating Definition

90 – 100 Excellent The proposer:

• Has assigned personnel with superior skill sets/education/experience that will ensure full compliance with the project requirements specified herein (resulting in no intervention by the CITY);

• Has an exceptional history of providing the type of services described herein; and,

• Possess the equipment, resources, and capacity to provide the required services in an outstanding manner.

80 - 89 Good The proposer:

• Has assigned personnel with acceptable skill sets/education/experience that will ensure full compliance with the project requirements specified herein (resulting in little or no intervention by the CITY);

• Has an acceptable history of providing the type of services described herein; and,

• Possess the equipment, resources, and capacity to provide the required services in an acceptable manner.

70 - 79 Satisfactory The proposer:

• Has assigned personnel with acceptable skill sets/education/experience that may ensure full compliance with the project requirements specified herein (resulting in some intervention by the CITY);

• Has a limited history of providing the type of services described herein;

and,

• Possess the equipment, resources, and capacity to provide some of the required services in an acceptable manner.

50- 69

Marginal

• Has assigned personnel with some skill sets/education/experience that may not ensure full compliance with the project requirements specified herein (resulting in intervention by the CITY);

• Has a limited or no history of providing some of the type of services described herein; and,

• Possess the equipment, resources, and capacity to provide little or none of the required services in an acceptable manner.

0 – 49

Unsatisfactory

The proposer does not have the qualifications, and cumulative experience to provide the level of service that is acceptable to the CITY.

Exhibit C Page 3 of 3

Criteria 3: Cost: (Published Weight 50%)

• The CITY will use the following mathematical formula to determine the weighted price score:

(*)Price of the Lowest Response ÷ by the (*) Price of the Response Being Evaluated x Maximum No. Available Points

(*) Note: Each “Price” is based upon the total cost to provide the CITY with effluent and influent laboratory testing over a three (3) year period as indicated in Attachments C thru E Price Sheets.

Exhibit D Page 1 of 1

RFP 23-67

Exhibit D

Evaluation Process

The following is an overview of the CITY’s evaluation process relative to this solicitation:

1. An Evaluation Committee comprised of CITY employees will independently evaluate and score the responses to this solicitation that are received by the specified due date using the published Evaluation Criteria incorporated into the solicitation.

• A proposer may be contacted for them to clarify their proposal.

2. The scores from the CITY’s Evaluation Committee will be tabulated to identify those proposal(s) with the highest scores. (I.e., those within a competitive range). They represent those proposer(s) who are qualified to receive a contract as a result of this solicitation.

3. Proposer(s) with the highest scores may qualify to be a “short list”, and may be invited to present the specifics of their proposal to the CITY’s Evaluation Committee and to other key CITY staff.

• Proposer(s) invited to a presentation are expected to use that opportunity to convey to the CITY their understanding of the project requirements and elucidate that they have the capacity, resources, experience, and project methodology/approach to meet or exceed the CITY’s requirements.

4. Subsequent to any presentations, scores may be revised to establish a final ranking of the short-listed proposers.

5. The CITY may negotiate with the short-listed proposers, and/or solicit their Best and

Final Offer (“BAFO”) for the purposes of awarding a contract that represents the best value for the CITY.

• A BAFO may entail the revision of the original proposal that was submitted to the

CITY, and it represents the last opportunity for the proposer to submit their most favorable proposal to the CITY. A BAFO shall be submitted to the CITY in a timely manner.

6. The CITY will execute the contract subsequent to the approval of the City Council of

Missouri City, Texas.

EXHIBIT E

PROFESSIONAL/CONSULTING SERVICES AGREEMENT

Professional/Consulting Services Agreement PSA 23-367 Page 1 of 11

Rev. 08-2020

This AGREEMENT (“Agreement”) is entered into by and between the undersigned, ____________________ (“CONTRACTOR”), located at ____________________ and the City of Missouri City (“CITY”), Texas, a municipal corporation of the State of Texas, located at 1522 Texas Parkway, Missouri City, Texas 77489.

Section 1. Services: CONTRACTOR will perform the designated services and/or provide the designated products as set forth in Exhibit A (“Services”), which is attached hereto and incorporated for all purposes. The work under this Agreement shall be completed as detailed in Exhibit A. The terms and conditions of this Agreement take precedence over all exhibits and attachments.

Section 2. Term and Termination: This Agreement shall begin ____________________ and shall terminate ____________________ . After the initial term, this Agreement shall be deemed renewed automatically each year for up to two (2) additional, one-year terms, unless the CITY or the CONTRACTOR elects not to renew this Agreement with thirty (30) days written notice.

This Agreement may be terminated, upon thirty (30) days written notice, by the CITY without cause or by the CONTRACTOR for cause. This Agreement may be terminated immediately by the CITY for cause. Upon termination, CITY shall pay CONTRACTOR, at the rate set out in Exhibit A, attached hereto and incorporated herein for all purposes, for Services satisfactorily performed up through the date of termination. Notwithstanding any provision in this Agreement to the contrary, CITY will not be required to pay or reimburse CONTRACTOR for any services performed or for expenses incurred by CONTRACTOR after the date of the termination notice that could have been avoided or mitigated by CONTRACTOR.

Section 3. Compensation: The CONTRACTOR shall be paid for the services and reimbursable travel expenses, if approved, as set forth in Exhibit A. The CITY shall pay the CONTRACTOR in accordance with the Texas Government Code, Chapter 2251.

The CONTRACTOR must submit invoices for all goods and/or services, and such invoices must include dates and hours of service and details of services provided.