ESBD_File_353545_2024.02.29 RFQ Liberty Hill Advanced Water Purification Facility.docx

Purchasing Department 926 Main Street Liberty Hill, Texas 78642 https://www.libertyhilltx.gov/

Solicitation #S2024-001 Specification Number: 925-00, 925-24, 925-97, 915-22 Date: March 2024

Request For Qualifications

Advanced Water Purification Facility Professional Services

Responses Due: April 17, 2024, at 2:00 PM CST

City of Liberty Hill

Request for Qualifications Advanced Water Purification System for Professional Services Part I

General

1. Purpose: The City of Liberty Hill, hereinafter “City”, is seeking a professional engineering firm to provide consultation and design services for the development of the City’s Advanced Water Purification Facility (AWPF). By and through this RFQ, the City is seeking Statements of Qualifications (SOQ) from qualified professional services firms with demonstrated qualifications and experience and expertise in for the following components of the City’s Advanced Water Purification Facility (AWPF):

a. Assistance with the 12-month wastewater effluent characterization.

b. Developing the pilot-scale study protocol that will be submitted to the TCEQ.

c. Developing the pilot study and producing a report for TCEQ approval.

d. Provide guidance on understanding and navigating regulatory requirements.

e. Development of a Preliminary Engineering Report.

f. Design Phase Services (including Permitting)

g. Bid and Construction Phase Services

h. Assistance with funding opportunities.

i. Assistance with public outreach including coordination with a 3rd party communications firm.

j. Perform Quality Assurance/Quality Control (QA/QC) for the anticipated duration of the entire project.

k. Develop a treatment facility O&M manual per TCEQ requirements.

2. Definitions, Terms and Conditions: By submitting a response to this solicitation, the Respondent agrees that the City’s standard Definitions, Terms and Conditions in effect at the time of release of the solicitation shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. It is the sole responsibility of Respondents to stay apprised of changes. The City’s Definitions, Terms and Conditions can be obtained from the City’s webpage at: https://www.libertyhilltx.gov/511/Purchasing

2.1. Any additional terms and conditions attached to the response will not be considered unless Respondent specifically references them on the front of the Solicitation Document. WARNING: Exception to or additional terms and conditions may result in disqualification of the response.

2.2. The City’s terms, conditions, and definitions referenced in this section govern, to the extent applicable, this RFQ. For any contract agreement entered into as a result of this solicitation, the definition, terms and conditions contained therein will control and shall take precedence over the terms contained on the City webpage linked above.

3. Attachments: Attachments are herein made a part of this solicitation:

3.1. Attachment A: Reference Sheet

4. Clarification: For questions or clarifications of specifications, you may contact:

Sidney Smith, Finance Director

City of Liberty Hill Telephone: 512-548-5530 Email:sjsmith@libertyhilltx.gov The individual listed above may be contacted in writing for any questions or clarification about this RFQ and its attachments. All questions will be addressed at the City’s discretion and will be published in the form of addendum which all Respondent must acknowledge receipt in a responsive SOQ. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Liberty Hill through the Purchasing Department.

5. Respondent Requirements: The opening of a solicitation shall not be construed as the City’s acceptance of such as qualified and responsive.

5.1. Respondents shall be firms, corporations, individuals, or partnerships normally engaged in the provision or service described herein.

5.2. In the case of a firm or corporation, Respondents shall identify an individual or team of personnel with direct expertise in the project type specified. City shall require that only the agreed-to and contracted team work/interact with City staff as part of this RFQ process. Any changes in staff must be communicated to the City.

5.3. Persons and firms practicing in the State of Texas must possess proper licensing and registration in accordance with Texas laws.

5.4. Respondents shall include at least one registered professional engineer, as Project Manager, with a minimum of ten (10) years of experience in providing specified services.

6. Committee Review and Selection: A committee of City evaluators has been established to evaluate the Solicitation Responses (“Committee”). The Committee will review written responses and rank Respondents on demonstrated competence, qualifications, and responsiveness to the RFQ. Top ranked respondents may be asked to submit additional information and, if the City chooses, to interview. A consensus score will be assigned to each response.

If requested, all interviews will provide the Respondent the opportunity to clarify their qualifications and ensure a mutual understanding of the services to be provided and the approach to be used. No additional materials or submissions will be accepted during the interview process.

Relevant Qualifications and Experience: Respondent shall provide an overview of the firm. Respondent shall provide a representative list of similar completed projects in the past ten (10) years with a scale and complexity similar to the project being considered by the City. The list shall include:

· Project name and location;

· Services provided;

· Information whether the respondent was the prime professional or a subconsultant;

· Project status;

· Total cost;

· Client name and contact person;

· History of meeting schedules; and

· History of accomplishing services within established budget, including planned vs. actual.

Proof of licensure shall be required with the submittal.

Proposed Staff: Respondent shall provide names and roles of key personnel proposed to work on this effort and their office locations. Include resumes for all key personnel and indicate any individuals who have had previous experience on similar projects. Information shall include education and professional registrations. RESUMES SHALL NOT COUNT TOWARD THE 20-PAGE CONTENT LIMIT (see Part III below). Provide staffing size by areas of expertise. Provide staff availability to perform services. Provide the proposed Project Manager’s experience with similar size/types of tasks.

Available Resources and Location: Provide information on size, resources, and business history of the firm. Respondent must provide percentage of time allocation the proposed team has to dedicate to the City.

TEXAS WATER DEVELOPMENT BOARD

Drinking Water State Revolving Fund Requirements for Equivalency Funds.

This contract is anticipated to be funded through a loan obtained from the Texas Water Development Board as part of the Drinking Water State Revolving Fund.

The consultant for Engineering services is expected to negotiate an agreement for services that is acceptable to the City. If an acceptable contract cannot be negotiated, the City may formally end negotiations and begin negotiating with the next highest qualified person or firm.

This contract is contingent upon release of funds from the Texas Water Development Board (TWDB). Any contract or contracts awarded under this Request for Qualifications (RFQ) are expected to be funded in part by a loan from the TWDB. Neither the State of Texas nor any of its departments, agencies, or employees are or will be a party to this IFB, RFQ, or any resulting contract.

This RFQ is issued in accordance with Section 2254 of the Texas Government Code (Professional Services Act).

The contract for professional services to be awarded following this RFQ process is subject to the Environmental Protection Agency's (EPA) Disadvantaged Business Enterprise (DBE) Program, which includes EPA-approved fair share goals toward procurement of Minority and Women-owned Business Enterprise (M/WBE) firms. EPA rules require that applicants and prime contractors make a good faith effort to award a fair share of contracts, subcontracts, and procurements to M/WBEs through demonstration of the six affirmative steps. For more details of the DBE Program and the current, applicable fair share goals, please visit www.twdb.texas.gov/dbe. This obligation extends to the City’s outside engineer and applies to any subconsulting agreements entered into for the performance of professional services associated with the Project.

The City is an affirmative action/equal opportunity employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap or national origin. Small, minority, and women-owned business enterprises are encouraged to submit proposals.

Compliance with DBE Program requirements: (Check for compliance)

The evaluation process may reveal additional information for consideration. The City reserves the right to modify, without notice, the evaluation structure and weighted criteria to accommodate these additional considerations to serve the best interest of the City.

7. Award: The City reserves the right to enter into an Agreement with a single award, split awards, non-award, or use any combination that best serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City’s website at https://www.libertyhilltx.gov/bids.aspx.

7.1. The City reserves the right to reject any or all responses, or delete any portion of the response, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City.

7.2. Chapter 176, Texas Local Government Code requires that disclosures of certain relationships be made in relation to certain contracts with the City. Local government officers are the members of the City Council, the City Manager, and other City employees or agents who exercise discretion in planning, recommending, selecting and contracting of a vendor. Please contact the City Secretary for a list of City employees and agents who may qualify as local government officers. Click here Chapter 176, Texas Local Government Code, to review this requirement.

7.2.1. A completed CIQ Form is required with each response. https://www.ethics.state.tx.us/forms/conflict/

7.2.2. Once a selection is made and the City has the intent to award, the successful respondent will be required to submit Form 1295 to the State of Texas electronically prior to executing the agreement or purchase order. The Form 1295 must be sent to the City.

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

8. Agreement Term: The initial term of the resulting agreement shall be determined by the proposed and agreed upon project timeline.

8.1. The term “agreement” shall mean the executed contract awarded as a result of this solicitation and all exhibits thereto.

8.2. If the Respondent fails to perform its duties in a reasonable and competent manner, the City shall give written notice to the Respondent of the deficiencies and the respondent shall have thirty (30) days to correct such deficiencies. If the Respondent fails to correct the deficiencies within the thirty (30) days, the City may terminate the agreement by giving the Respondent written notice of termination and the reason for the termination.

8.3. If the agreement is terminated, for any reason, the respondent shall turn over all records, to include but not be limited to the following: drawings, plans and estimates, to the City within fifteen (15) working days after completion of duties contained in the agreement.

9. Prompt Payment Policy: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Successful Respondent within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Successful Respondent may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event:

9.1. There is a bona fide dispute between the City and Successful Respondent concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or

9.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or

9.3. The is a bona fide dispute between the Successful Respondent and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or

9.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement.

10. Non-Appropriation: The resulting Agreement is a commitment of the City’s current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City’s budget for the fiscal year in question. The City may affect such termination by giving successful Respondent a written notice of termination at the end of its then current fiscal year.

11. Costs Incurred: Respondent shall acknowledge that the issuance of a solicitation shall in no way obligate the City to award a contract or to pay any costs associated with the preparation of a response to said solicitation. The costs in developing and submitting proposals, preparing for and participating in oral presentations or any other similar expenses incurred by a Respondent are the sole responsibility of the Respondent and shall not be reimbursed by the City.

Part II

Schedule

1. Solicitation Schedule: It is the City’s intention to comply with the following solicitation timeline:

Questions and Answers to be posted on the City of Liberty Hill website on or before

April 4, 2024, by 5:00 PM CST

Services to begin upon execution of contract

*The City of Liberty Hill reserves the right to change the dates in the Schedule of Events above upon written notification to prospective Vendors through a posting on the City of Liberty Hill website. It is the responsibility of interested Vendors to check the City of Liberty Hill website for all updates and changes.

All questions regarding the solicitation shall be submitted via email to sjsmith@libertyhilltx.gov by 5:00 PM on the due date noted above. A copy of all the questions submitted and the City’s response to the questions shall be posted on our webpage at: https://www.libertyhilltx.gov/bids.aspx

2. Solicitation Updates: Respondents shall be responsible for monitoring the City’s website at: https://www.libertyhilltx.gov/bids.aspx for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website.

3. Response Due Date: Signed and sealed responses are due no later than April 17, 2024, at 2:00 PM CST, on the date noted above to the Purchasing Department. Mail or carry sealed responses to:

FedEx, UPS or Hand Deliver to: City of Liberty Hill Purchasing Department 926 Main Street Liberty Hill, Texas 78642

Mail to:

City of Liberty Hill Purchasing Department PO Box 1920 Liberty Hill, TX 78642

3.1. Responses received after this time and date shall not be considered.

3.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and “DO NOT OPEN”.

3.3. Facsimile or electronically transmitted responses will not be accepted.

3.4. Late responses will be returned to Respondent unopened if return address is provided.

3.5. Responses cannot be altered or amended after opening.

3.6. No response can be withdrawn after opening without written approval from the City for an acceptable reason.

3.7. The City will not be bound by any oral statement or offer made contrary to the written specifications.

4. Agreement Negotiations: In establishing an agreement as a result of the solicitation process, the City may:

4.1. Review all submittals and determine which Respondents are reasonably qualified for award of the agreement.

4.2. Determine the Respondent whose submittal is most advantageous to the City considering the evaluation criteria.

4.3. Attempt to negotiate with the most responsive, qualified Respondent an agreement at fair and reasonable terms, conditions and cost.

4.4. If negotiations are successful, enter into an agreement or issue a purchase order.

4.5. If not successful, formally end negotiations with that Respondent. The City may then:

4.5.1. Select the next most highly qualified Respondent and attempt to negotiate an agreement at fair and reasonable terms, conditions and cost with that Respondent.

4.5.2. The City shall continue this process until an agreement is entered into or all negotiations are terminated.

4.6. The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most advantageous, or to waive any irregularities or informalities in the submittal received.

5. Post Award Meeting: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following:

5.1. Provide City contact(s) information for implementation of agreement.

5.2. Identify specific milestones, goals and strategies to meet objectives.

Part III

Response Requirements

1. Solicitation Submission Requirements: To achieve a uniform review process and obtain the maximum degree of comparability, the responses shall be organized in the manner specified below. Responses shall not exceed twenty (20) pages in length (excluding title page, index/table of contents, attachments, resumes, addendums, or work sample attachments (on flash drive) and dividers).

The Respondent shall submit one (1) original signed paper copy and three (3) copies, clearly identified as a “COPY” of its Response.

In addition, the Respondent shall submit one (1) flash drive, each containing a complete copy of Respondent’s submission and a redacted confidential submission in an acceptable electronic format (PDF, RTF, TXT, DOC, XLS). A complete copy of the Response includes all documents required by this Solicitation. The flash drive shall be titled: “SOLICITATION NUMBER - Complete copy of [Name of Respondent]’s submission” and the confidential submission shall be titled: “SOLICITATION NUMBER - Complete copy of [Name of Respondent]’s submission – CONFIDENTIAL”. The Confidential submission copy must be redacted of any information deemed confidential by the Respondent. This Confidential copy will be used in responding to the Open Records Request. Failure to provide a flash drive may result in disqualification for award.

2. Title Page: Show the solicitation title and number, the name of your firm, address, email, telephone number(s) name of the Respondent's Project Administrator who may be contacted regarding the proposal, date, and Federal EIN.

2.1. The Federal Employers Identification number is the Federal EIN. To minimize identity theft, every company MUST have an Employers Identification Number (EIN) prior to award of a contract. For information on obtaining your EIN, you may contact the IRS at (800) 829-4933 or visit https://www.irs.gov/forms-pubs and complete the Form SS-4.

3. Letter of Transmittal: Identify the services for which solicitation has been prepared.

3.1. Briefly state the Respondent’s understanding for the services to be performed and make a positive commitment to provide the services as specified.

3.2. Provide the name(s) of the person(s) authorized to make representations for your firm, their titles, address, telephone numbers and e-mail address.

3.3. The letter of each solicitation shall be signed in permanent ink by a corporate officer or other individual who has the authority to bind the firm. The name and title of the individuals(s) signing the solicitation shall be clearly shown immediately below the signature.

4. Table of Contents: Present a clear and comprehensive identification of the contents of your proposal by section/tab number and by page number.

5. Response Checklist: This Checklist is to assist the Respondent in ensuring that all information is included in their response. Respondents must refer to the appropriate section of the solicitation for detailed information on the following. Response pages must be numbered and contain an organized, paginated, table of contents corresponding to the Section and pages of the Response. Responses shall include all of these elements or may be disqualified.

6. Confidentiality Of Content: All documents submitted in response to a solicitation shall be subject to the Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances.

6.1. Information in a submittal that is legally protected as a trade secret or otherwise confidential must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document. The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such.

6.2. If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination.

ATTACHMENT A

RESPONDENT’S REFERENCE SHEET

PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE

SOLICITATION NUMBER: RESPONDENT’S NAME: DATE:

Provide the name, address, telephone number and E-MAIL of at least three (3) Municipal and/or Government agencies that have utilized a similar service within the last ten (10) years. City of Liberty Hill references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal.

Name of Contact

Title of Contact

E-Mail Address

Present Address

City, State, Zip Code

2.

Agency’s Name

Name of Contact

Title of Contact

E-Mail Address

Present Address

City, State, Zip Code

3.

Agency’s Name

Name of Contact

Title of Contact

E-Mail Address

Present Address

City, State, Zip Code

FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.

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