ESBD_File_347839_RFP 24-1337 Possum Kingdom Watershed and Reservoir Water Quality Modeling Project.pdf

RFP No. 24-1337 Possum Kingdom Watershed and Reservoir Water Quality Modeling Project Page 1 of 13

Brazos River Authority

Request for Proposals for Professional Services January 10, 2024 RFP No. 24-1337

Dear Prospective Respondent:

Statements of Qualifications hereafter referred to Request for Proposals (RFP or Proposal(s)) will be received by the Purchasing Agent or other designee of the Brazos River Authority no later than 10:00 AM, February 14, 2024 for Possum Kingdom Watershed and Reservoir Water Quality Modeling Project. All qualified firms including Small, Minority, Women Owned Businesses and Historically Underutilized Businesses are encouraged to submit proposals in response to this request.

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

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

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

RFP TITLE: Possum Kingdom Watershed and Reservoir Water Quality Modeling Project

RFP NO: 24-1337

RFP DUE DATE: 10:00 AM, February 14, 2024

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

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

Sincerely, Allison Sheeler, CTCD Purchasing Agent

4600 Cobbs Drive • Waco, Texas 76710

254.761.3153

RFP No. 24-1337 Possum Kingdom Watershed and Reservoir Water Quality Modeling Project Page 2 of 13

SUPPLIER DIVERSITY PURCHASING POLICY

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

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

GENERAL INSTRUCTIONS TO RESPONDENTS

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

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

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

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

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

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

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

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

Any questions concerning this Proposal should be emailed to Allison Sheeler, Purchasing Agent no later than five (5) days prior to the opening of the Proposal at submissions@brazos.org. This is to allow the BRA sufficient time to respond to inquiries and provide information to all interested Respondents by Addendum. Unless otherwise stated in the Proposal, Addenda will be posted on the BRA web site at www.brazos.org, Doing Business, Purchasing and Professional Services, Request for Proposals.

Respondent is responsible for checking the BRA web site (www.brazos.org) for updates and Addenda until the time at which the submission is due. Failure to respond to all requirements, including those Addenda, shall be grounds for rejection of your Proposal.

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

7. QUALIFICATION OF RESPONDENTS: The BRA reserves the right to reject any Proposal if the evidence submitted by, or investigation of, such Respondent fails to satisfy the BRA that such

Respondent is properly qualified to carry out the obligations of the contract and to complete the Services contemplated herein.

Conditional Proposals will not be accepted.

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

9. COMPLIANCE WITH SCOPE OF SERVICES AND RIGHT OF

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

10. DEVIATION FROM SCOPE OF SERVICES: All deviations from the scope of services must be noted in detail by the Respondent, in writing, at the time of submittal of the formal Proposal. The absence of a written list of deviations at the time of submittal of the Proposal will be considered acceptance of the Scope of Services as written. Any deviations from the Scope of Services as written not previously submitted, as required by the above, will be grounds for rejection of the material and/or item when delivered.

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

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

12. INDEMNIFICATION:

THE RESPONDENT SHALL COMPLY WITH THE REQUIREMENTS

OF ALL APPLICABLE LAWS, RULES, AND REGULATIONS AND

SHALL EXONERATE, INDEMNIFY AND HOLD HARMLESS THE

BRA FROM ANY AND ALL LIABILITY OR DAMAGES RESULTING

FROM FAILURE TO DO SO.

IN ADDITION, THE RESPONDENT AGREES TO INDEMNIFY,

KEEP, SAVE AND HOLD THE BRA HARMLESS FROM ANY AND

ALL ACTIONS, LIABILITIES, DAMAGES, JUDGMENTS, COSTS

AND EXPENSES INCLUDING REASONABLE ATTORNEY’S FEES,

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

AGAINST THE BRA, ITS OFFICIALS, OFFICERS, AND

EMPLOYEES IN CONSEQUENCE OF THE AWARDED CONTRACT

FOR ANY NEGLIGENT ACT OR OMISSION OF THE RESPONDENT

IN THE PROVISION OF SERVICES UNDER THE AWARDED

CONTRACT, OR THAT MAY RESULT FROM THE CARELESSNESS

OR LACK OF SKILL OF THE RESPONDENT OR THE

RESPONDENT’S OFFICERS, AGENT, CONTRACTORS, ASSIGNS

OR EMPLOYEES. IN THE EVENT A JUDGMENT IS RECOVERED

AGAINST THE BRA FOR ANY SUCH LIABILITY, COSTS OR

EXPENSES, SUCH JUDGMENT SHALL BE CONCLUSIVE

AGAINST THE RESPONDENT.

IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE

RESPONDENT THAT SUCH INDEMNITY IS INDEMNITY BY THE

RESPONDENT TO INDEMNIFY AND PROTECT THE BRA FROM

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

RFP No. 24-1337 Possum Kingdom Watershed and Reservoir Water Quality Modeling Project Page 3 of 13

ACTION DUE TO THE RESPONDENT’S NEGLIGENCE, ERROR OR

OMISSION.

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

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

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

15. CHANGE OF CONTRACT PRICE:

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

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

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

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

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

In the event a Respondent considers a specific portion of their Proposal to be confidential and subject to an exception to disclosure under the PIA, such portion must be clearly identified and marked "CONFIDENTIAL". Do not mark an entire Proposal confidential, as this is not in conformance with the PIA and is not acceptable. Only the specific portion or portions of the Proposal that the Respondent considers to be confidential pursuant to the PIA should be marked. IF

AN ENTIRE PROPOSAL IS MARKED CONFIDENTIAL, THE BRA

WILL NOT TREAT ANY PORTION OF THE PROPOSAL AS

CONFIDENTIAL AND THE PROPOSAL MAY BE REJECTED AS

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

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

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

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

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

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

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REQUEST FOR PROPOSALS

POSSUM KINGDOM WATERSHED AND RESERVOIR WATER QUALITY PROJECT

RFP NO. 24-1337

SUBMITTAL SCHEDULE

Proposals are posted on the BRA website and prospective Respondents should check www.brazos.org> Doing Business>, Purchasing & Professional Services>, Request for Proposals for potential updates to Proposal requirements.

Wednesday, January 10, 2024

RFP is available to download from the BRA website at http://www.brazos.org/Doing- Business/Purchasing-Professional- Services/Request-for-Proposals, and click on “View this RFP”.

4:00 PM, Thursday, January 18, 2024 Last date and time to ask questions or request additional information. Email questions to submissions@brazos.org.

4:00 PM, Monday, January 22, 2024

Post response to questions received as of the deadline or as soon thereafter, as an Addendum on the BRA website – www.brazos.org/ Doing Business/Purchasing and Professional Services/Request for Proposals.

10:00 AM, Wednesday, February 14, 2024

Proposals are due.

11:00 AM, Wednesday, February 14, 2024

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

https://youtube.com/live/vaJGPIC7g0I?feature=share

Local time prevailing.

RFP No. 24-1337 Possum Kingdom Watershed and Reservoir Water Quality Project Page 5 of 13

1. General Possum Kingdom Lake (PK) is a Brazos River Authority (BRA) owned and operated water supply reservoir located approximately twenty-five (25) miles northwest of Mineral Wells. It is formed by the Morris Sheppard Dam which impounds inflows from the Brazos River and numerous smaller tributary streams that flow through Young, Stephens, Palo Pinto, and Jack Counties. It covers an area of 16,716 acres with 219 miles of shoreline. The watershed area above the dam is 22,550 square miles, of which 9,240 are noncontributing. The reservoir is a valuable resource as it provides water supply for lakeside communities and numerous downstream water users. In addition to being valuable water supply resource, PK is popular destination for water activities, fishing, hiking, and camping.

The BRA is requesting proposals for qualifications from a Firm to provide stakeholder reservoir and watershed water quality modeling services and to assist BRA in the development of a watershed management strategy for Possum Kingdom Lake. The purpose of the model is to provide scientifically based guidance that BRA can utilize to predict how surface waters will respond to changes in the watershed and to evaluate potential impacts from future development in the watershed on the reservoir’s usability and reliability as a public water supply and recreational water body. The selected Firm will also be responsible for facilitating a stakeholder group and a regulatory agency working group to garner input and support for the model.

2. Scope of Services Development and completion of the Project will require extensive services by the selected Firm. The following is a general, not all-inclusive overview of the professional services that may be required by the selected Firm. Additional services not listed below may be included after development of the final Scope of Services for this Project, which will be done in coordination with the selected Firm and BRA. Tasks will include but are not necessarily limited to the following:

1. Assist BRA in the development of a scope of services and work schedule for all tasks, from permitting to completion, necessary to accomplish the Project.

2. Gather and review necessary and available data including but not limited to:

a. Water Quality Data

b. Watershed Land Use

c. Texas Water Development Board Volumetric Surveys

d. Hydrologic Data

e. Sensitive Species Habitat

f. TPDES Permits:

i. Municipal Wastewater

ii. Advanced Treatment Water Treatment Facilities

iii. Industrial

g. Weather Data

3. Based off the RESPONDENT’s evaluation of the Project goals, provide BRA with recommendations regarding the best model(s) that will accomplish such goals.

a. Model(s) will be housed on BRA’s cloud-based server platform and must be compatible with such software.

b. Preferred model(s) should not require purchase of proprietary software if Project goals can be accomplished using public domain model(s).

c. GIS-based models must be compatible with ArcGIS Pro.

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4. Based off the RESPONDENT’s evaluation of the Project goals, provide BRA with recommendations regarding parameters to be evaluated by the model(s). Parameters to be evaluated may include, but are not limited to:

a. Chloride

b. Sulfate

c. Total Dissolved Solids

d. E. coli and Enterococcus

e. Nitrate nitrogen

f. Orthophosphate phosphorus

g. Total Nitrogen

h. Total Phosphorus

i. Chlorophyll a

j. Future ability to address PFAS, if needed

5. Evaluate watershed impacts on PK and provide BRA with recommendations regarding the watershed area to be modeled for each parameter previously identified by RESPONDENT.

6. Evaluate BRA’s existing water quality monitoring strategy on PK in the watershed and make recommendations, if needed, for adjustments/additions to BRA’s current water quality monitoring programs. Such recommendations must facilitate model development, improve model accuracy, and validate the model.

7. Perform any other additional studies or assessments, as necessary and approved by BRA, needed for construction, calibration, and validation. Additional studies may include by are not limited to, hydrodynamic analysis of PK.

8. The recommended model(s) shall be expected to adhere to the following:

a. Evaluate both individual local effects of individual discharges and cumulative effects for municipal discharges, brine discharges from advanced treatment water treatment facilities, and industrial discharges.

b. Be dynamic such that the model can be updated with new water quality data, new land use developments, or newly issued discharge permits. RESPONDENT shall ensure that once added to the model, all future scenarios will include these items in model predictions.

9. Scenarios in the model will be used to evaluate in the future, including but not limited to:

a. New, existing, and amended municipal wastewater discharges

b. New, existing, and amended brine discharges from advanced treatment water treatment facilities

c. New commercial or residential lakeside development, up to one (1) mile from the main body of the reservoir or surrounding area negotiated between BRA and RESPONDENT.

10. RESPONDENT shall develop training programs for BRA employees related to the model:

a. IT – trainings shall include information related to housing the model, restarting the model, maintenance, updates, etc.

b. Environmental Services – trainings shall include information related to running model scenarios, updates to water quality, permitting, etc. and how to evaluate model output.

11. RESPONDENT shall provide a detailed Operations Manual that includes the technical details of the model, model storage requirements, model reset or restart, updates, etc. for BRA IT staff.

12. RESPONDENT shall provide a detailed User’s Manual that includes instructions for running new scenarios, adding new permitted discharges, adding new development, etc. for BRA’s Environmental Services.

RFP No. 24-1337 Possum Kingdom Watershed and Reservoir Water Quality Project Page 7 of 13

13. As part of this Project, RESPONDENT shall facilitate a stakeholder’s group for basin stakeholders including municipalities, counties, and special interest groups. The purpose of the stakeholder group is to educate stakeholders about the model development and performance, gather input on stakeholder concerns and decision points, and gather local knowledge as needed to develop the model.

a. Stakeholder meetings shall be held quarterly, or as needed depending on Project schedule, for the duration of the Project.

b. Stakeholder meetings may be held at BRA’s Central Office facility in Waco, Texas or in Palo Pinto County.

14. As part of this Project, RESPONDENT shall facilitate a Regulatory Agency Working Group which will include, but is not limited to, the Texas Commission on Environmental Quality (“TCEQ”) and the Texas Parks and Wildlife Department (“TPWD”). The purpose of the working group is to obtain regulatory agency input for model development and gain buy in to model output validity.

a. Regulatory Agency Working Group meetings shall be held quarterly, or as needed depending on Project schedule, for the duration of the Project.

b. Regulatory Agency Working Group meetings may be held at BRA’s Central Office facility in Waco, Texas or at agency facilities in Austin, Texas.

3. Information Required in the RFP Submittal - Tab Format The BRA specifically requests succinct submittals tailored to the general and discipline-specific scopes of services summarized above. Each response should describe in sufficient detail the relevance of the individual team member’s expertise and experience to the specific requirements of the project. All submittals become the property of the BRA. Each submittal shall include the information requested below.

Please limit each submittal to no more than twenty (20) single sided pages (not including resumes and required forms). Preferred submittal format is a bookmarked pdf.

Tab A: Include the following:

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

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

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

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

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

Tab B: Include the following:

1) Clearly identify the Lead Firm as well as the name, title, address, phone, and e-mail address of the individual who will serve as the point of contact for scope of services development and negotiations. Provide the name, title, address, phone, and e-mail address for the individual who will serve as Program Manager, if different from the point of contact. Additionally, identify the individuals that will serve in the following key positions:

a. Project Manager

b. Modelers (identify all individuals having key roles in model development)

RFP No. 24-1337 Possum Kingdom Watershed and Reservoir Water Quality Project Page 8 of 13

c. Field Investigation Team Lead

d. Meeting Facilitator

2) Provide a summary of technical abilities of the proposed team members that will be utilized by the Firm for completing the types of environmental and engineering services listed in SECTION 2. SCOPE OF SERVICES above and their personal experience qualifying them for this Project and their role. Also, provide the name and address of any sub-consultants and their team members that will be utilized by the Firm, their proposed role in the Project and their personal experience qualifying them for this Project. Describe the modeling team members’ experience with:

a. Water quality modeling in the Brazos River basin and/or in the Cross Timbers and Rolling

Plains Ecosystems,

b. Modeling high salinity water bodies and chloride, sulfate, and total dissolved solids, and

c. Cumulative effects modeling

d. Modeling bacteria, nutrients, and algae reactions to changes in the watershed.

e. Performing reservoir hydrodynamic studies.

3) Provide a summary the proposed team members abilities that will be utilized by the Firm for completing the facilitator services listed in SECTION 2. SCOPE OF SERVICES above and their personal experience qualifying them for this Project and their role. Also, provide the name and address of any sub-consultants and their team members that will be utilized by the Firm, their proposed role in the Project and their personal experience qualifying them for this Project.

4) Provide an organizational chart showing key personnel who will be assigned to the Project;

include the name and role/responsibility of each key team member. List the approximate number of technical and/or support staff that is expected to serve on the Project. Provide a reporting structure of the Project team including any sub-consultants.

5) Include a description of the Firm’s ability to meet current and long-term workloads and staff’s ability to develop and meet schedules, milestone dates, and deadlines on an as needed basis.

6) Briefly describe the Firm’s approach to project staffing and provide a succession plan for project team members should a vacancy arise.

7) Provide resumes for each team member associated with the Project, including sub-consultant’s staff. Resumes shall include the information listed below:

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

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

c. Office location where employed.

d. Years employed with current Firm.

e. A brief overview of career background including years of experience, areas of practice, specialized training or knowledge relevant to services listed in SECTION 2. SCOPE OF

SERVICES.

8) Provide a Proposed Plan for Providing Services based on the information provided in

SECTION 2. SCOPE OF SERVICES for a project of this magnitude and multifaceted nature.

The Proposed Plan should include all services required for the studies, permitting, design, and construction support activities that are required for construction of the reservoir project.

In addition to the services listed, the Proposed Plan should address the following:

RFP No. 24-1337 Possum Kingdom Watershed and Reservoir Water Quality Project Page 9 of 13

a. Describe how the Firm’s team will coordinate with BRA staff and pertinent State agency staff.

b. Describe how the Firm’s team will interface and coordinate with stakeholders.

c. Describe the Firm’s ability to provide “local” services for the Upper Region of the Brazos

River Authority.

d. Provide a description of the team’s strategy for coordinating with state regulatory agencies to ensure concurrence with model development and acceptance of mode predictions.

e. Provide a description of team’s strategy for handling stakeholder requests that are outside the scope of services or would result in significant cost escalation with little to no appreciable improvement in model performance.

f. Provide a description of how the team will manage frequent personnel changes currently occurring at state agencies.

9) Provide a detailed description of the Firm’s quality control methodology for the types of services listed in SECTION 2. SCOPE OF SERVICES above, including reports and other project related documents that demonstrate the process.

10) Provide a description of the Firm’s ability to control cost escalation and overrun.

Tab C: Include the following:

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

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

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

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

4) HUB Subcontracting Plan (if necessary)

4. RFP Inquiries All inquiries, including clarifying questions, related to this RFP shall only be directed to the Purchasing Agent via e-mail to submissions@brazos.org . The Purchasing Agent will direct any inquiries to the appropriate BRA staff, a response will be issued and if warranted, an Addendum will be posted on the BRA’s website at www.brazos.org. Failure to adhere to this restriction during the advertising, evaluation, and selection phases will result in the rejection of a Respondent’s Proposal.

5. Hub Subcontracting Plan This solicitation requires a HUB Subcontracting Plan to be completed and submitted. The HUB Subcontracting Plan is attached to this solicitation. If you have any questions regarding the HUB Subcontracting Plan please contact David Thompson, HUB Coordinator at David.Thompson@Brazos.org.

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

Section 1 - Respondent and Requisition Information

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

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

RFP No. 24-1337 Possum Kingdom Watershed and Reservoir Water Quality Project Page 10 of 13

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

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

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

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

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

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

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

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

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

11. Selection Process Proposals will be evaluated and scored based on the factors listed below:

1. Respondent Qualification(s).

2. Respondent Experience - Specified number of projects of similar size and scope -

Detailed information regarding project size, dollar amount, and scope of project for each

RFP No. 24-1337 Possum Kingdom Watershed and Reservoir Water Quality Project Page 11 of 13 individual project and any additional information necessary to evaluate vendor experience;

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

4. Respondent’s Proposed Plan for Providing Services.

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

Compensation for services provided under the professional services contract to be entered into with the selected Firm will be based on time and materials up to a total mutually agreeable not-to-exceed amount.

Individual tasks under the contract will also be billed on a time and material basis up to a not-to-exceed amount for such task.

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

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

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

General Liability Insurance:

Bodily Injury $ 500,000 per person Bodily Injury $ 1,000,000 per occurrence Property Damage $ 1,000,000 per occurrence Aggregate $ 2,000,000

Professional Liability:

$ 1,000,000 per occurrence

Workers’ Compensation:

Statutory

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

Employers’ Liability

$ 1,000,000 policy limit

Prior to commencement of work under this agreement, Respondent shall register with myCOItracking.com and subsequently provide documentation that satisfies the insurance requirements of this agreement. Respondent shall add registration@myCOItracking.com and certificaterequest@myCOIsolution.com to it's safe sender's list for necessary communication from myCOI. For any registration difficulties, call myCOItracking support team at (317) 759-9426.

RFP No. 24-1337 Possum Kingdom Watershed and Reservoir Water Quality Project Page 12 of 13

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

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

Electronic Transmission. Email transmission to submissions@brazos.org. Emailed proposal submissions shall be an attachment, in a Portable Document Format (PDF). Proposals shall be clearly identified in the Subject Line as follows: RFP Title, RFP Number and RFP Due Date. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s proposal is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the proposal opening.

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

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

RFP No. 24-1337 Possum Kingdom Watershed and Reservoir Water Quality Project Page 13 of 13

ACKNOWLEDGMENT OF REQUEST FOR PROPOSALS AND

RECEIPT OF ADDENDA

RESPONDENT MUST ACKNOWLEDGE RECEIPT OF THIS REQUEST FOR PROPOSALS AND

ADDENDA BY SIGNING BELOW AND SUBMITTING THIS ACKNOWLEDGEMENT WITH YOUR

PROPOSAL. FAILURE TO SIGN THIS ACKNOWLEDGEMENT WILL DISQUALIFY THE PROPOSAL

AS NON-RESPONSIVE. SIGNATURE MAY BE DIGITAL, ELECTRONIC OR HANDWRITTEN.

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

ACKNOWLEDGMENT OF REQUEST FOR PROPOSALS:

Respondent hereby acknowledges that it has received and read the Request for Proposals and all Addenda, and that this Proposal is made in accordance with the provisions thereof. Respondent acknowledges that this Proposal meets or exceeds all terms, requirements, conditions, and/or specifications set forth in the Request for Proposals and Addenda, and exceptions or deviations from such terms, requirements, conditions, and/or specifications, if any, have been clearly and conspicuously identified as such in the Proposal.

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

YES NO

Name of Firm (Respondent)

Signature – Authorized Representative

Printed Name

Date

E-mail Address

Telephone Number

Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

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

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

P ri n t o r ty p e

S ee

S p e c if ic

I n s tr u c ti o n s o n p ag e

3.

1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

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

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

Individual/sole proprietor or single-member LLC

C Corporation S Corporation Partnership Trust/estate

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership)

Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions)

4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):

Exempt payee code (if any)

Exemption from FATCA reporting code (if any)

(Applies to accounts maintained outside the U.S.)

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

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)

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

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number or Employer identification number

Part II Certification

Under penalties of perjury, I certify that:

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

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

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

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

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

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

Sign Here

Signature of

U.S. person Date

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

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

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.

• Form 1099-INT (interest earned or paid)

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

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

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

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

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

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

• Form 1099-C (canceled debt)

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

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

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)

Form W-9 (Rev. 10-2018) Page 2

By signing the filled-out form, you:

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

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

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

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

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

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:

• An individual who is a U.S. citizen or U.S. resident alien;

• A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;

• An estate (other than a foreign estate); or

• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.

• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;

• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and

• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign

Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from…