ESBD_File_336606_580-23-RFQ-0038 AMPSS Solicitation_FINAL.pdf

REQUEST FOR QUALIFICATIONS NO. 580-23-RFQ-0038

FOR

SERVICES ASSOCIATED WITH THE ASSET MANAGEMENT

PROGRAM FOR SMALL SYSTEMS

CLASS-ITEM CODE(S):

918-97 CONSULTING SERVICES: UTILITIES: GAS, WATER ELECTRIC CONSULTING

925-36 ENGINEERING SERVICES, PROFESSIONAL: ENGINEERING SERVICES (NOT OTHERWISE

CLASSIFIED)

925-96 ENGINEERING SERVICES, PROFESSIONAL: WASTE WATER TREATMENT ENGINEERING

925-97 ENGINEERING SERVICES, PROFESSIONAL: WATER SUPPLY, TREATMENT, AND

DISTRIBUTION ENGINEERING

958-95 MANAGEMENT AND OPERATION SERVICES: UTILITY MANAGEMENT SERVICES

RELEASE DATE: 9/18/2023

DEADLINE FOR SUBMISSION: 10/18/2023, 5:00 PM

Solicitation Point of Contact:

Stephen Ross, Contract Specialist Stephen.Ross@twdb.texas.gov

You, the Respondent, are responsible for checking the Electronic State Business Daily (ESBD) website, https://www.txsmartbuy.com/esbd, for any addenda to this Solicitation. Please search under Agency Code 580.

(Texas Water Development Board). Respondent’s failure to periodically check the ESBD will in no way release that Respondent from addenda or additional information resulting in additional requirements of the Solicitation

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TABLE OF CONTENTS

SECTION I – OVERVIEW, DEFINITIONS, AND AUTHORITY 3

SECTION II – SCOPE OF WORK 6

SECTION III – DELIVERABLES 12

SECTION IV – GENERAL INFORMATION 16

SECTION V – GENERAL TERMS AND CONDITIONS 21

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SECTION I – OVERVIEW, DEFINITIONS, AND AUTHORITY

1.1 OVERVIEW

The Texas Water Development Board (TWDB) requests responses to this Request for Qualifications (RFQ) for the award of services contracts to assist small water and wastewater Systems by creating a comprehensive plan for managing a System in a financially and technically sustainable manner (hereafter referred to as "the Project").

The Project will involve evaluating small Systems and creating asset management plans, along with other management tools, in accordance with the most recent guidelines created by the Texas Commission on Environmental Quality (TCEQ) Small Business and Local Governmental Assistance Section in Managing Small Public Water Systems (RG-501) https://www.tceq.texas.gov/assistance/water/managing-small-public-water-Systems-rg-501 and Managing Small Domestic Wastewater Systems (RG-530) https://www.tceq.texas.gov/assistance/water/wastewater/managing-small-domestic-wastewater-Systems-rg-530, as applicable to the type of system, along with supplemental requirements. The Project is intended to become the planning basis for System sustainability by identifying infrastructure replacement dates and estimated costs, developing best practices for operation and maintenance, and developing associated financial plans for obtaining funding for future needs.

TWDB will consider qualifications from business entities that demonstrate the ability to complete the Project within the guidelines of this Solicitation and any applicable federal, state, and local laws, rules, and regulations. Respondents must execute Content Item 1, Execution of Response to the Request for Qualifications, and complete other items listed under 4.1.B, Contents, to be considered. Additional information on TWDB and its programs can be found at https://www.twdb.texas.gov.

1.2 DEFINITIONS

“Addendum” means a written clarification or revision to the RFQ issued by TWDB. Respondents must acknowledge receipt of any addenda in the submission of the Solicitation Response.

“Contract Documents” means all documents which govern this Solicitation and any resulting contract including without limitation, this Solicitation, the Architect/Engineer’s specifications and drawings, the Uniform General and Supplementary Conditions, Special Conditions, and all bonds and insurance.

“Contractor” means Respondent(s) awarded a contract under this Solicitation.

“ESBD” means the Electronic State Business Daily, https://www.txsmartbuy.com/esbd.

“General Conditions” means those items and related costs that are specified in this document.

“HUB” means Historically Underutilized Business as defined by Texas Government Code Chapter 2161.

“HUB Subcontracting Plan” or “HSP” means the form required by Texas Government Code §

2161.252 and 34 Texas Administrative Code (TAC) § 20.285 for each contract with an expected

580-23-RFQ-0038 Page 4 of 30 value of $100,000 or more, in which Respondent must demonstrate a Good Faith Effort to subcontract with HUBs. The HSP must be included with the Solicitation Response.

“Key Staff” means experienced, professional, and/or technical personnel who will have major responsibilities under the contract and/or provide unusual or unique expertise essential for successful completion of the work performed.

“Notice to Proceed” or “NTP” means written notice provided by TWDB to begin the Project.

“PIA” means the Public Information Act, Chapter 552 of the Texas Government Code.

“Project” means the work solicited under this Solicitation.

“Respondent” means the entity responding to this Solicitation.

“RFQ” means Request for Qualifications.

“Solicitation” means this RFQ.

“Solicitation Response” means Respondent’s entire response to this Solicitation, including all documents requested.

“SOQ” means Statement of Qualifications.

“State” means the State of Texas and any state agency; the Texas Water Development Board or state agency identified in this Solicitation, its officers, employees, or authorized agents.

“System” means the water or wastewater System selected by TWDB to participate in the Project and be the beneficiaries of the services provided by the selected Contractor(s).

“TAC” means Texas Administrative Code.

“TWDB” means the Texas Water Development Board.

1.3 AUTHORITY

TWDB is posting this Solicitation pursuant to the State Purchasing and General Services Act, Texas Government Code Chapter 2151; Texas Water Code § 6.190; and Texas Water Code Chapter 15, Subchapter J.

1.4 BACKGROUND

TWDB, the state agency primarily responsible for water planning and administering water financing for the state, was created by constitutional amendment in 1957. TWDB is governed by a three-member board of directors serving six-year staggered terms, appointed by the Governor with consent of the State Senate. The current members of the TWDB board are Chairwoman Brooke T. Paup, George B. Peyton V, and L’Oreal Stepney, P.E..

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Within the Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) programs, TWDB has created the Asset Management Program for Small Systems (AMPSS) to assist smaller water and wastewater Systems (hereafter referred to as "System(s)") by providing funding for the entity to create a comprehensive plan for managing their utility Systems in a financially and technically sustainable manner and identifying qualified contractors that will perform these services.

Eligible System(s) are defined for the purpose of this program as those (a) serving 5,000 service connections or less, (b) serving a population of 10,000 or less, (c) located outside the boundaries of any municipality with a population greater than 10,000 or its extra-territorial jurisdiction, and (d) eligible for funding from either the Drinking Water State Revolving Fund or Clean Water State Revolving Fund.

There is no financial match requirement for the Project; however, the System(s) will be required to contribute 80 hours of staff time to participate in development of the Project.

(TWDB may reduce or waive the contribution requirement if TWDB determines it would constitute a serious hardship on the operations of a System.)

Selected contractors will primarily perform engineering and consulting services. TWDB anticipates selecting multiple Contractors under this RFQ who will be placed on a pre-qualified list. Being included on the pre-qualified list does not guarantee that your firm will be selected as a contractor to perform the work as described in this solicitation.

Participating System(s) will request a Contractor from the pre-qualified list for TWDB's consideration. A System participating in the program will be required to execute an agreement with TWDB covering implementation of the Services described in the Scope of Work, to be funded by TWDB under a project-specific budget in the agreement between TWDB and the Contractor.

TWDB plans to select Contractors with expertise in areas including water and wastewater engineering, consulting, and management.

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SECTION II – SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

TWDB may select multiple Contractors willing to provide services meeting the requirements contained in this RFQ. Services set forth that contain the words “must” are mandatory and must be provided as specified with no alterations, modifications, or exceptions. Services set forth that contain the words “may” allow Respondents to this RFQ to offer alternatives to the manner in which the Services are provided. The selected Contractors may provide the services described below for one or more of the Projects stated within this RFQ as determined by TWDB.

Each Scope of Work as determined by TWDB for each Project must follow the methodology and meet all requirements associated with and listed in the most recent version of TCEQ’s Managing Small Public Water Systems (RG-501) and Managing Small Domestic Wastewater Systems (RG- 530), as applicable to the type of System, along with supplemental requirements. The deliverables for this Project must follow the methodology and meet the requirements of the aforementioned TCEQ documents, but do not have to be in the exact format of those documents.

The format of the deliverables must be formatted in a manner that best suites the needs of the participant System(s). The deliverables must include the following tasks and meet the following requirements:

A. Asset Management Conduct a System evaluation (asset identification, location, date of service or approximate age, and condition), as needed, resulting in an inventory of the System(s) and prioritization of assets, develop a comprehensive plan for managing System(s) assets, develop a budget for managing System(s) assets, develop an implementation plan, including a time schedule, for implementing and updating the asset management plan, and determine whether a rate study is necessary.

The resulting asset management plan must fulfill the general requirements of a Fiscal Sustainability Plan as outlined in the Federal Water Pollution Control Act at 33 U.S. Code § 1383(d)(1)(E), which requires:

“(I) an inventory of critical assets that are a part of the treatment works;

(II) an evaluation of the condition and performance of inventoried assets or asset groupings;

(III) a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan;

and (IV) a plan for maintaining, repairing, and, as necessary, replacing the treatment works and a plan for funding such activities.

The locations of assets should be recorded using coordinates and addresses, facilitating the ability to incorporate this information into a geographic information system (GIS) software program.

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A map of the system, showing service area, water or wastewater lines, and critical assets of the system should be created as part of the asset management plan. This map should be digital, allowing for updates to be made in the future, and a physical copy of the map should be printed and given to the system as well.

For a Project that is a drinking water system, Contractor must work with the designated System to ensure the Texas Water Service Boundary Viewer reflects the current service area boundary of the System. If changes need to be made, Contractor must coordinate with the System and the TWDB Texas Water Service Boundary Viewer Administrator to make the updates.

Further, the section of the asset management plan that discusses funding sources must identify current TWDB financial assistance programs, including the Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) programs as applicable, that may be utilized to meet the System's needs. The asset management plan must include an analysis of whether current utility rates would provide adequate revenue to meet future System(s) needs; but it does not have to include a full rate study that establishes a new rate structure.

Additional recommendations and guidance must be discussed and included in the asset management plan to assist utility staff in communicating to the System’s governing body the importance of infrastructure investments and ongoing comprehensive maintenance of the System. The recommendation must include strategies for using the asset management plan and visual aids to communicate the System’s short-term and long-term needs to an audience that is less technically versed in water and wastewater System operations.

B. Emergency Preparedness/ Weatherization/ Resiliency – Identify assets critical to the operation of the System and determine their ability to remain functional in adverse weather and prolonged electrical grid outages. Identify recommendations related to emergency preparedness and operations. Update and include in the final report, the Emergency Preparedness Plan for the System.

C. For Water Systems: Source Assessment and Planning - Identify the System’s drinking water source, develop any appropriate best management practices for sustaining the source (at a minimum develop or update the System’s conservation and drought contingency plans), and identify options for alternative sources, if they are needed. It will discuss plans for water conservation and detecting and minimizing water loss.

For Wastewater Systems: Sustainable Systems - Create a plan to manage the System more efficiently by conducting an energy assessment of the System, including recommendations for energy-efficiency improvements and potential public participation programs.

D. Operations and Maintenance - Create an operations and maintenance manual for the

System(s) that includes a plan for scheduling and performing preventive and general maintenance. The plan may identify other resources available to the System(s) such as TCEQ's Financial, Managerial, and Technical Assistance program.

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As part of the operations and maintenance manual, two separate “quick-guides” for operators and utility staff must be developed. The first guide must include a concise list of the maintenance activities required on a daily, weekly, monthly, quarterly, and annual basis to maximize the useful life of the assets and keep them in optimal working order.

The second guide must include a concise list of the operational processes required on a daily, weekly, monthly, quarterly, and annual basis to maintain required levels of service and ensure compliance with applicable rules and regulations. These guides must resemble checklists that can be easily used in the field.

An executive summary of the operations and maintenance of the water or wastewater system must also be included with the operations and maintenance manual. This executive summary should be a high-level summary of the operations and maintenance activities required to keep the System functioning properly. The target audience of this executive summary is a new employee needing to get up to speed on the operations and maintenance of the System as quickly as possible.

E. Compliance – Conduct a minimum of one training session for the System’s management and staff on monitoring, reporting, and record-keeping requirements and TCEQ’s investigation and enforcement process (including an enforcement scenario) and develop a Compliance manual that includes copies of all required reports, compliance checklists, and tables for keeping track of State and/or Federal requirements. The Compliance manual may be incorporated into the Operations and Maintenance manual. (For wastewater Systems, checklists 1-7 in Part D of Managing Small Domestic Wastewater Systems (RG-530) are not required.)

F. Other Requirements – As part of the Project, all tools developed, including spreadsheets and manuals, must be nonproprietary and must be installed on the System’s computers. Key staff members must be trained sufficiently to implement the plan. Contractor must coordinate development activities, including the training of key System(s) staff members, with the System’s management.

Asset management software is a requirement of this project. The software needs to include functions related to inventory of assets (including condition, age criticality, and location), work orders, and GIS. If the system has a pre-existing asset management software they would like to continue using, Contractor must use that software for the project. If the system does not already have asset management software, the tool must be provided to the System at no additional cost to the System for set-up costs. Any new software that has an ongoing subscription cost must be discussed and agreed upon by the System within the first three months of the contract. The ongoing subscription will be at the expense of the System. The set-up cost for new software will be an expense to Contractor and reimbursable to Contractor within the total contract amount. The data held in the asset management software must be able to be downloaded by the System to transfer to another software if, in the future, the System chooses to use another software.

A project kick-off meeting must be conducted with representation (at least one

580-23-RFQ-0038 Page 9 of 30 person) from the following groups:

o Contractor o Participant System’s governing body (board of directors, city council, etc.)

o Participant System’s management/administration (general manager, city manager/administrator, etc.)

o Participant System’s utility operations staff (utility supervisor, operator, etc.)

Contractor must provide a written progress report to System management and

TWDB at least every two months while the Project is under development, with an opportunity for System participants and TWDB to provide feedback on development of the Project.

Contractor may arrange for periodic meetings with TWDB and System(s) as necessary to resolve any concerns or to discuss progress.

The Project activities conducted by Contractor must include at least one presentation to the System's governing body or owner that provides an overview of the developed plans, the benefits to the System(s) of implementing the plans, and any recommendations. The TWDB AMPSS Coordinator must be informed of the time and location of this presentation prior to the meeting being conducted.

Contractor must facilitate at least one “all-hands” training for the staff responsible for the operation of the System, including an explanation of the basic principles of asset management and an overview of the deliverables of the Project.

Contractor must return to the System nine months after delivery of the final plans to assess the System’s implementation progress and provide TWDB and the System's governing body or owner a written analysis of the System's implementation of the plans.

After the nine-month follow-up assessment has been completed, Contractor must work with a representative from the System to create and present a presentation on the findings from the report to the governing body of the System. The System representative must conduct all or part of the presentation. The TWDB AMPSS Coordinator must be informed of the time and location of this presentation prior to the meeting being conducted, to allow the AMPSS Coordinator to attend if feasible.

2.2 REQUIREMENTS

Respondents to this RFQ are required to have the following knowledge, skills, and abilities:

A. A minimum five years of experience in creating successful asset management plans.

B. Extensive knowledge of water and wastewater systems engineering, planning, design, and construction based on staff education, training, and experience designing and implementing water and wastewater projects within the previous five years.

C. Extensive knowledge of water and wastewater system operations, maintenance, and compliance with applicable regulatory requirements.

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D. Extensive knowledge of utility system finances and financial management required to develop a system budget and perform rate analyses based on staff education, training, and experience assisting in the financial management of water and wastewater systems within the previous five years.

E. Knowledge of federal and state laws applicable to state and federal funding for water and wastewater projects based on staff education, training, and experience implementing water and wastewater projects funded with federal or state programs within the previous five years.

F. Experience working with Eligible Systems as defined in Section 1.4 of this RFQ within the previous five years.

2.3 SUBCONTRACTORS

Subcontractors providing services must meet the same requirements and level of experience as required of Respondents. No subcontract should relieve the primary Respondent of responsibility for the service. If Respondent uses a subcontractor for any or all work required, the following conditions must apply under the listed circumstances:

(a) Respondents planning to subcontract all or a portion of the work must identify the proposed subcontractors on the HUB Subcontracting Plan. Please note that the HUB Subcontracting Plan must be filled out and included in the Respondent’s Statement of Qualifications, even if the Respondent is not intending to use a subcontractor.

(b) Subcontracting must be at Respondent’s expense.

(c) TWDB retains the right to check a subcontractor’s background and decide to approve or reject the use of submitted subcontractor. A subcontractor may not be compensated for any work prior to the approval date of the subcontract agreement between the Contractor and the Subcontractor by TWDB.

(d) Respondent will be the only contact for TWDB and subcontractors. Respondent must list a designated point of contact for all TWDB and subcontractor inquiries.

2.4 CONTRACT TERM

TWDB anticipates awarding multiple contracts based on this Solicitation and selecting Contractors for individual Project(s). The initial contract term will begin upon execution of the Contract and end on August 31, 2026, with an option to renew for up to two additional one-year periods, up to August 31, 2028.

2.5 COMPENSATION

The total contract value will not exceed $2,000,000.00, split among 20 projects. Each contractor may be awarded up to four Projects. The maximum cost will not exceed $100,000 per Project.

Failure to arrive at mutually agreeable terms of a contract with the most qualified respondent will constitute a rejection of TWDB's offer and may result in subsequent negotiations with the next most qualified respondent. TWDB reserves the right to reject any or all responses.

The awarded vendors will only receive compensation once a task has been completed, reviewed, and accepted by TWDB, and an invoice is submitted requesting funds for that approved task.

Contractor payment requests/invoices for reimbursement from TWDB should be submitted on every 60 days, including reimbursable expenses for a two-month period.

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Contract expenses eligible for reimbursement, related to the “Profit” budget category and “Overhead” budget category must not exceed 15% (combined) of the total contract amount.

An amount of 5% of each invoice will be retained by TWDB until the completion and acceptance by the Executive Administrator of each system’s project.

2.6 LIQUIDATED DAMAGES

If a selected Contractor breaches its obligation to provide deliverables in accordance with the schedule in Section 3.1, the selected Contractor agrees to pay TWDB $100.00 per day for each day of delay as liquidated damages. The parties agree that quantifying losses arising from a selected Contractor’s delay is inherently difficult, and stipulate that the sum agreed upon for liquidated damages is not a penalty, but rather a reasonable measure of damages based on the parties’ experience in the industry and the nature of the losses that may result from delay.

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SECTION III – DELIVERABLES

3.1 CONTRACT DELIVERABLES

Deliverables will be:

A. Asset Management Plan:

Results of conducting a system inventory (asset identification, location (map coordinates and addresses), date of service or approximate age, and condition), as needed, resulting in an inventory of the System(s) and prioritization of assets, Worksheets showing the inventory, condition, prioritization and criticality of assets, Comprehensive plan for managing System assets, Budget for managing System assets, Implementation plan, including a time schedule, for implementing and updating the asset management plan, and Analysis of whether a rate study is necessary.

The asset management plan components must be developed in accordance with the most recent versions of TCEQ documents Managing Small Public Water Systems (RG-

501) and Managing Small Domestic Wastewater Systems (RG-530), as applicable to the type of system and as further revised in the Scope of Work.

The asset management plan must fulfill the general requirements of a fiscal sustainability plan (outlined in the Federal Water Pollution Control Act - 33 U.S.C.

§1383(d)(1)(E)) as shown below:

(a) an inventory of critical assets that are a part of the System;

(b) an evaluation of the condition and performance of inventoried assets or asset groupings;

(c) a certification from the System that it has evaluated and will be implementing water and energy conservation efforts as part of the plan; and

(d) a plan for maintaining, repairing, and, as necessary, replacing the System and a plan for funding such activities.

A map of the system, showing service area, water or wastewater lines, and critical assets of the system should be created as part of the asset management plan. This map should be digital, allowing for updates to be made in the future, and a physical copy of the map should be printed and given to the system as well.

For a Project with a drinking water system, written confirmation, sent via email to the AMPSS program coordinator, must be provided showing the Texas Water Service Boundary Viewer is up to date with the current water service boundary of the System.

The section of the asset management plan that discusses funding sources must identify current TWDB financial assistance programs, including the CWSRF and DWSRF programs as applicable, that may be utilized to meet the System's needs.

Any other funding sources identified that are available to the System should be described as well. The asset management plan must include an analysis of whether

580-23-RFQ-0038 Page 13 of 30 current utility rates would provide adequate revenue to meet future System needs;

it does not require a full rate study that establishes a new rate structure.

Additional recommendations and guidance must be discussed and included in the Plan to assist utility staff in communicating the importance of infrastructure investments and ongoing comprehensive maintenance to the System’s governing body. The recommendations must include strategies for using the asset management plan and visual aids to communicate the System’s short-term and long-term needs to an audience that is less technically versed in water and wastewater system operations.

B. A document that identifies the critical infrastructure of the System and determines the System’s ability to remain functional in adverse weather and prolonged electrical grid outages, including recommendations for making the System more resilient to these events. For water systems, include a current copy of the Emergency Preparedness Plan.

C. For Water systems: a document that identifies the System’s drinking water source, develop any appropriate best management practices for sustaining the source (at a minimum develop or update the System’s conservation and drought contingency plans), and identify options for alternative sources, if they are needed. It will discuss plans for water conservation and detecting and minimizing water loss.

For Wastewater systems: a plan to manage the System more efficiently by conducting an energy assessment of the System and including recommendations for energy-efficiency improvements, and potential public-participation programs.

These deliverables must be developed in accordance with the most recent version of TCEQ documents Managing Small Public Water Systems (RG-501) and Managing Small Domestic Wastewater Systems (RG-530), as applicable.

D. System Operations and Maintenance Manual. The manual must include a plan for scheduling and performing preventive and general maintenance. (The manual may identify other resources available to the System such as TCEQ's Financial, Managerial, and Technical Assistance program.) Two separate “quick-guides” for operators must be included. One “quick-guide” must cover maintenance activities and the other must cover operational activities. These “quick-guides” must resemble checklists that can be easily used in the field. An executive summary of operations and maintenance activities must be included with the operations and maintenance manual as well.

E. Other Deliverables.

1) Written certification that System(s) management and staff have been trained sufficiently on monitoring, reporting, and record-keeping requirements, the investigations and enforcement process (including an enforcement scenario)

2) A copy of the attendance log of the kick-off meeting

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3) A Compliance manual that includes copies of all required reports, compliance checklists and tables for keeping track of State and/or Federal requirements. The Compliance manual may be incorporated into the Operations and Maintenance manual. (For wastewater Systems, checklists 1- 7 in Part D of Managing Small Domestic Wastewater Systems (RG-530) are not required to be completed.)

4) Written certification that all tools that were developed, such as spreadsheets and manuals, have been installed on the System’s computer System and key staff members have been trained sufficiently to implement the plan. The written certification must include the identification and description of the asset management software that is used by the System, whether that software was acquired with Project funds or was an existing software used by the System.

5) Written progress reports provided to both TWDB and management of the System(s), at least every two months, outlining progress of development of items listed in the Scope of Work.

6) A draft written report on the overall Project that fulfills the Scope of Work, including electronic copies in native format of all the listed deliverables within nine months of contract start date. (Native format in this document means the default format used by the creation software to save files.)

7) A final written report on the overall Project that fulfills the Scope of Work, including electronic copies in native format of all the listed deliverables within 60 days of the TWDB approving the draft report.

A redacted version of the project deliverables also needs to be prepared and submitted to the TWDB AMPSS Coordinator, that can be made publicly available.

8) Electronic copy in native format of the presentation made to the System's governing body or owner that provides an overview of the developed plans, the benefits to the System of implementing the plans, and any recommendations. A signed and dated certification that the presentation was made to the System's governing body or owner, including an attendance log.

9) An attendance log from the staff training covering the basic principles of asset management and the deliverables of the project, signed by a representative of Contractor and a representative of the System staff.

10) Written report on the System's implementation of the plans based on an assessment conducted 9 months after delivery of the final developed plans to the System.

11) Electronic copy in native format of the presentation materials from the post 9-month follow-up assessment presentation to the System’s governing body. A signed and dated certification that the presentation was

580-23-RFQ-0038 Page 15 of 30 made to the System's governing body or owner including an attendance log.

NOTE: The electronic copy of a final report(s) or other deliverable(s) must comply with the requirements and standards specified in 1 Texas Administrative Code (TAC) Chapters 206 and 213 (related to Accessibility and Usability of State Web Sites). Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Standard – WCAG 2.1 Quick Reference can be found at:

https://www.w3.org/WAI/WCAG21/quickref/

Complying with this clause will require demonstrated proof of compliance utilizing TWDB's checklists. For the deliverable in .PDF format, use the checklist and verification form found at https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility-Checklist-and-Certification-with-Instructions.pdf to demonstrate compliance and submit the completed form with the deliverable. Acceptance of the final report(s) or other deliverable(s) is contingent upon compliance with this clause.

3.2 PROJECT TIMELINE

See table below for the general timeline and major due dates for the Project. Please note that this table is not to be considered comprehensive and the Project may include additional due dates and deliverables. All times listed below are from the contract execution date.

Description Due Date Conduct Contract Kickoff Meeting Within 1 month Submit updated expense budget to TWDB Within 2 months Submit subcontracts executed subcontracts to TWDB Within 2 months Submit documentation of software selection Within 3 months Draft asset management plan to TWDB Within 9 months Final asset management plan to TWDB Within 12 months Presentation to System governing body Within 13 months All-hands training for System staff Within 14 months Implementation report and presentation Between 20 and 22 months

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SECTION IV – GENERAL INFORMATION

4.1 RFQ REQUIREMENTS

A brief transmittal letter summarizing the Statement of Qualification’s (SOQ) key points and be signed by an authorized representative who is responsible for committing the firm’s resources must accompany each response. The response, including attachments, must not exceed 20 pages. The cover page, resumes of individuals and HUB-SUB plans will not count towards the page limit. Please clearly identify the content item at the beginning of each response and provide a separate section for that response or indicate why no response is given.

A. Submittals: Respondent must submit an original electronic copy of the SOQ as follows:

1) One (1) complete ORIGINAL SOQ in Portable Document Format (PDF) submitted through email to bid-room@twdb.texas.gov with a copy to Stephen.Ross@twdb.texas.gov .

2) SOQ pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the SOQ. File size is limited to 100mb.

3) Proposal must be clearly marked RESPONSE TO RFQ 580-23-RFQ-0038 and delivered electronically to the address noted in the RFQ.

B. Contents: Respondent must submit all information listed below, in the order given, as the response to this RFQ. The response will only be considered if all items are submitted as required. Incomplete/late responses to this RFQ will not be considered.

1) Item 1: Signed/dated Execution of Response to the Request for Qualifications (one

(1) page maximum)

2) Item 2: Company Profile Summary and History (two (2) pages maximum)

Response should include the following:

a. Company name, address, phone number, and legal status (corporation, partnership, joint venture, sole proprietorship).

b. Name and title of person submitting the response with the authority to bind the company.

c. Name, phone number, and email address of contact person for any questions on the response.

d. Describe the general nature of previous work, the number of years in business, size and scope of operation.

3) Item 3: Resumes of Individuals - Submit resumes for each individual (three (3) pages maximum per individual) who will work on the project.

PLEASE NOTE: Resumes do NOT count towards total response page maximums.

4) Item 4: Historically Underutilized Businesses Subcontracting Plan (HUB-SUB) PLEASE NOTE: HUB-SUB Plans do NOT count towards total response page maximums.

HUB-SUB plan documents ARE REQUIRED even if it not applicable to your submittal.

5) Item 5: Name(s) and last four digits of Social Security Number(s) of Each Person with at least 25 Percent Ownership of the Business Entity submitting the response to the RFQ (one (1) page maximum)

6) Item 6: Prior Project Experience – This section must include evidence that Respondent meets the requirements set forth in Section 2.2 of this RFQ. Evidence must identify specific water/wastewater systems the Respondent has completed

580-23-RFQ-0038 Page 17 of 30 work for (relevant to work described in the Scope of Work of this RFQ). (eight (8) pages maximum)

7) Item 7: Technical Approach to Implementing the Project – Describe the technical approach your firm will take to complete the deliverables of this project set forth in Section 3.1 of this RFQ. (five (5) pages maximum)

8) Item 8: Company Summary - A summary of your company and/or your ability to complete the contract deliverables that will be included on the list of qualified contractors given to the participant Systems. (150-word maximum)

9) Item 9: Contact Information for Participant Systems – Identify and include 2 email addresses and/or phone numbers that the participant System(s) can call to speak with a representative from your company who is familiar with the Project.

4.2 PROPOSAL SUBMISSION

A. All responses must be received at TWDB by the deadline in the Schedule of Events.

TWDB will not accept late submittals.

B. It is Respondent’s responsibility to appropriately mark and deliver the proposal to TWDB by the specified date and time.

C. Receipt of all addenda to this RFQ should be acknowledged by returning a signed copy of each addendum with the submitted response.

NOTE: Failure to return the required items with the response will result in rejection of your Statement of Qualifications (SOQ).

TWDB will not be responsible for locating or securing information that is not included in your SOQ.

4.3 DELIVERY OF SUBMISSION

The SOQ may be submitted to TWDB using the following method:

Electronic Delivery via email to bid-room@twdb.texas.gov with a copy to Stephen.Ross@twdb.texas.gov. File size is limited to 100MB. Please compress the files whenever possible.

4.4 SCHEDULE OF EVENTS

The solicitation process for this RFQ will proceed according to the following schedule:

EVENT SCHEDULE (Central Standard Time) Issue Solicitation Deadline for Submitting Written Questions Anticipated Release of Written Answers Deadline for Submission of Proposal

Sept. 18, 2023 Oct. 2, 2023, 5:00 PM Oct. 10, 2023 Oct. 18, 2023, 5:00 PM

Expected Date of Award of Contract UPON EXECUTION Expected Contract Start Date UPON EXECUTION

4.5 REVISIONS TO SCHEDULE

580-23-RFQ-0038 Page 18 of 30

TWDB reserves the right to change the dates in the Schedule of Events above upon written notification to prospective Respondent(s) as an addendum posted on the Electronic State Business Daily.

4.6 RESPONSE SUBMITTAL

All submitted responses become the property of TWDB after the submittal deadline. Responses submitted constitute an offer for a period of ninety (90) days or until selection is made by TWDB, whichever occurs first.

4.7 RESPONSE PREPARATION COSTS

Respondents are responsible for all costs incurred in the preparation and delivery of the SOQ to

TWDB.

4.8 TRAVEL EXPENSES

Any travel requirements under this contract may include travel throughout the State of Texas to perform the tasks therein. Any travel expenses will be reimbursed in accordance with the state travel and per diem allowances detailed at https://fmx.cpa.texas.gov/fmx/travel/.

4.9 MEETINGS

Any meetings and or/conference calls will be held on regular business days, Monday through Friday, during regular business hours (8:00 a.m. – 5:00 p.m.), or on other mutually agreed dates and times.

4.10 INQUIRIES

A. Point of Contact All requests, questions, or other communications about this Solicitation must be made in writing to the TWDB Purchasing Department, addressed to the TWDB Contract Specialist.

Name: Stephen Ross, Contract Specialist Email : bid-room@twdb.texas.gov with a copy to Stephen.Ross@twdb.texas.gov.

Subject: Ensure the RFQ number is included in all correspondence.

B. Clarifications

TWDB will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the contact listed in Section 4.10 Inquiries A. Point of Contact. Respondents’ names will be removed from questions when the written answers are released.

Questions must be submitted in the following format. Submissions that deviate from this format may not be accepted:

a) Identifying Solicitation number

b) Section number

c) Text of passage being questioned

d) Question

e) Provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

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Note: The deadline for submitting questions is noted in Section 4.4 Schedule of Events.

C. Responses

All accepted questions will result in a written response posted to the ESBD at:

https://www.txsmartbuy.com/esbd. Responses will be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated addenda.

D. Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section 4.10 Inquiries, A. Point of Contact, TWDB, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone, email, or in person will not be allowed. Failure to observe this restriction may disqualify Respondent. Respondent should rely only on written statements and information issued through or by TWDB’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.11 PROPOSAL EVALUATION AND AWARD

A. TWDB will make an award to a Respondent(s) that provide(s) the “best value” to the State of Texas, as defined by Texas Government Code § 2155.074.

B. TWDB will not enter into a contract with any individual who is required by Texas Government Code Chapter 305 to register as a lobbyist as stated in Texas Government Code § 556.005, Employment of Lobbyist.

C. A committee will be established by TWDB (including TWDB employees) to evaluate the

SOQ .

The evaluation committee will determine best value by applying the following criteria:

POINTS

AVAILABLE

CATEGORY

0 – 40 Experience in creating successful asset management plans, with five years minimum experience to receive any points.

0 – 25

Extensive knowledge of water and wastewater systems engineering, planning, design, and construction based on staff education, training, and experience designing and implementing water and wastewater projects within the previous five years

0 – 25 Extensive knowledge of water and wastewater system operations, maintenance and applicable regulatory compliance based on staff education, training, and experience.

0 – 15

Experience with system finances and financial management related to developing a system budget and performing a rate analysis based on staff education, training, and experience offering assistance in the financial management of water and wastewater systems within the previous five years. More years of experience will result in a greater number of points.

580-23-RFQ-0038 Page 20 of 30

0 - 15

Knowledge of federal and state laws applicable to state and federal funding for water and wastewater projects based on staff education, training, and experience implementing water and wastewater projects funded with federal or state programs within the previous five years.

0 - 5 Experience working with smaller water and wastewater systems within the previous five years.

0 - 5

Prior Performance - Scores will be established from the Texas Comptroller’s Vendor Performance Tracking System (VPTS) as listed below.

A – 5 B – 3 C – 1 D – 0 F – 0 No score - 3

130 TOTAL

D. The evaluation committee will determine if a Best and Final Offer (BAFO) is necessary.

Award of a contract may be made without a BAFO. TWDB may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their response. A request for a BAFO is at the sole discretion of TWDB and will be extended in writing.

E. A Respondent’s performance will be measured by a Grade of “A” through “F” in the Texas

Comptroller’s Vendor Performance Tracking System. The selected Contractor(s) will be evaluated on performance both during and at the conclusion of the contract, and that information may be considered in the selection of future contracts.

Contractor performance information is located on the CPA web site at:

https://www.txsmartbuy.com/vpts.

4.12 CONTRACT AWARD

It is the intent of TWDB to create a list of pre-qualified vendors from this RFQ and allow participant water or wastewater systems to choose a vendor from the list to work with. TWDB will then award multiple contracts under this Solicitation, based on the selections made by the participant water or wastewater systems. An award notice will be sent to the selected Respondent(s). Being included on the pre-qualified list does not guarantee that your firm will be selected as a contractor to perform the work as described in this solicitation. Any award is contingent upon the successful negotiation of final contract terms and approval of the TWDB Executive Administrator. Negotiations will be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, TWDB may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

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SECTION V – GENERAL TERMS AND CONDITIONS

5.1 GENERAL TERMS AND CONDITIONS

Any contract awarded as a result of this RFQ will contain the general terms and conditions provided in this document. Subcontractors must also comply, if applicable. TWDB will consider exceptions to terms and conditions during the contract negotiation phase; see Section 4.12 Contract Award. Contractor is required to make any information created or exchanged with the state pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act (PIA), available in a format that is accessible by the public at no additional charge to the state.

5.2 PATENTS OR COPYRIGHTS

The selected Contractor agrees to protect the State and TWDB from claims involving infringement of patents or copyrights. TWDB will not consider any RFQ that bears a copyright.

RFQs will be subject to the Texas Public Information Act, Texas Government Code Chapter 552, and may be disclosed to the public upon request. Subject to the Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information submitted as part of a SOQ must be clearly marked in boldface type and at least 14-point font.

5.3 CONTRACTOR ASSIGNMENTS

Respondent hereby assigns to TWDB any and all claims for overcharges associated with the contract arising under the antitrust laws of the United States, 15 U.S.C.A. Section 1 et seq. , and the antitrust laws of the State of Texas, Tex. Bus. & Com. Code § 15.01et seq.

5.4 HISTORICALLY UNDERUTILIZED BUSINESSES SUBCONTRACTING PLAN

It is the policy of TWDB to make a good faith effort to achieve the annual program goals by contracting directly with HUBs or indirectly through subcontracting opportunities in accordance with Texas Government Code Chapter 2161, Subchapter F, and HUB Rules promulgated by the Comptroller of Public Accounts (CPA), 34 TAC Chapter 20.

Any contract(s) awarded as a result of this RFQ must include reporting responsibilities related to Historically Underutilized Business (HUB) subcontracting. Awarded contractors may not change any subcontractor without submitting a revised HUB Subcontracting Plan (HSP) to TWDB. Any change to a subcontractor and revised HSP must be approved in writing by TWDB prior to implementation.

HUBs are strongly urged to respond to this RFQ. Under Texas law, state agencies are required to make a good faith effort to assist HUBs in receiving certain percentages of the total value of contract awards. Contractors who meet the qualifications are strongly encouraged to apply for certification as HUBs.

ALL RESPONDENTS TO THIS RFQ, INCLUDING THOSE THAT ARE HUB CERTIFIED OR THOSE

WHO DO NOT PLAN TO SUBCONTRACT, MUST COMPLETE A HUB SUBCONTRACTING PLAN

(HSP) IN ACCORDANCE WITH THE STATE’S POLICY ON UTILIZATION OF HUBs. THE HSP MUST

BE INCLUDED AS PART OF THE PROPOSAL TO THIS RFQ. FAILURE TO COMPLETE THE HSP AS

INSTRUCTED MAY RESULT IN DISQUALIFICATION OF THE PROPOSAL FROM CONSIDERATION.

580-23-RFQ-0038 Page 22 of 30

Please review the HSP forms carefully and allow sufficient time to identify and contact HUBs and allow them to respond. Note that the contractors must demonstrate a good faith effort to contract with new HUBs if currently proposed HUBs have performed as subcontractors to Contractor for more than five (5) years. If Contractor does not plan to subcontract, Contractor must state that fact in their plan. The completed plan will become part of the contract that may be awarded as a result of this RFQ.

5.5 HUB RESOURCES AVAILABLE

A list of certified HUBs is available on the Texas Comptroller of Public Accounts (CPA) Web site at: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do. For additional information, contact the CPA’s HUB program office at StatewideHUBProgram@cpa.texas.gov.