REQUEST FOR QUALIFICATIONS (RFQ)

FOR

WASTEWATER COLLECTIONS SYSTEM MASTER PLAN

RFQ-2026-027

ISSUED: JULY 24, 2026

SUBMISSION DEADLINE:

****** FRIDAY, AUGUST 28, 2026, BY 11 AM LOCAL TIME *******

NO LATE SUBMISSIONS SHALL BE ACCEPTED

RESPONSES SHALL BE DELIVERED OR

MAILED TO:

CITY OF DESOTO

FINANCE DEPARTMENT/PURCHASING

OFFICE

211 E. Pleasant Run Road

DeSoto, Texas 75115

RFQ OPENING WILL BE HELD IN PERSON

& VIRTUALLY ON:

August 28, 2026 @ 11:00 AM Local

Join the meeting now

Meeting ID: 286 325 097 988 757

Passcode: KT2Fz2ge

Dial in by phone at 1 (469) 965-2602

Phone Conference ID: 933 764 928#

NON-MANDATORY PRE-SUBMITTAL

MEETING WILL BE HELD:

Thursday, August 6, 2026, at 2:00 p.m. (CST)

Pre-submittal conference will be held virtually via

Teams

Meeting ID: 253 752 810 999 376

Passcode: gp7je2cR

Dial in by phone at 1(469) 965-2602

Phone Conference ID: 209 077 59#

NAME AND ADDRESS OF COMPANY

SUBMITTING RESPONSE:

Contact Person:

Title: ___________________________________

Phone: ( )__________ Fax: ( )__________

Email: __________________________________

Signature:________________________________

Printed Name:

FOR ADDITIONAL INFORMATION

REGARDING THIS RFQ PLEASE

CONTACT: CMitchell@desototexas.gov

RESPONDENTS MUST RETURN THIS

COMPLETED COVER SHEET ALONG

WITH THE RESPONDENT’S RESPONSE.

WILL CONTRACT BE AVAILABLE FOR COOPERATIVE CONTRACT USE? (SEE SECTION 32, PAGE 1) YES_____ NO_____

Acknowledgment of Addenda: #1_______ #2 _______ #3 _______ #4 _______ #5 _______ https://teams.microsoft.com/meet/286325097988757?p=rFyfHiX7uf3IaNNcpp https://teams.microsoft.com/meet/253752810999376?p=VeluMzQnWA8LifDBmm https://teams.microsoft.com/meet/253752810999376?p=VeluMzQnWA8LifDBmm

PUBLIC UTILITIES DEPARTMENT

RFQ-2026-027

WASTEWATER COLLECTIONS SYSTEM MASTER PLAN

DATE DUE: AUGUST 28, 2026, AT 11:00 AM (CST)

THIS RFQ WILL BE OPENED AT:

CITY OF DESOTO GOVERNMENT CENTER

FINANCIAL SERVICES DEPARTMENT

211 E PLEASANT RUN RD, DESOTO, TX 75115

****SUBMISSIONS RECEIVED LATER THAN THE DATE AND TIME

ABOVE WILL NOT BE CONSIDERED****

PLEASE RETURN THE ORIGINAL SUBMISSION, THREE (3) COPIES (PAGE

NUMBERED), AND ONE (1) SEARCHABLE PDF COPY OF THE RESPONSE ON A USB

FLASH DRIVE IN A SEALED ENVELOPE. BE SURE THE ENVELOPE SHOWS THE

RFQ NUMBER, RFQ TITLE, AND IS MARKED “SEALED SOQ”.

RETURN/DELIVER SEALED SOQ TO:

ATTN: CONNOR MITCHELL, PURCHASING MANAGER

CITY OF DESOTO GOVERNMENT CENTER

FINANCE DEPARTMENT/PURCHASING OFFICE

211 E PLEASANT RUN RD, DESOTO, TX 75115

TABLE OF CONTENTS

1.0 Project Summary

2.0 Review Process

3.0 Project Background

4.0 Scope Of Services

5.0 Work Details

6.0 Tentative Schedule of Events

7.0 Unauthorized Communications

8.0 Clarifications and Issuance of Addendum

9.0 Proprietary Information

10.0 Completion Of Submittals

11.0 Submission Of Qualifications

12.0 Submittal Requirements

13.0 Delivery Of Submittals

14.0 Qualifications Evaluation Criteria and Organization

15.0 Evaluation Procedure

16.0 Award of Qualification

17.0 Withdrawal Of Submission

18.0 Period Of Acceptance

19.0 Tax Exemption

20.0 Cost Incurred In Responding

21.0 Negotiations

22.0 Form Of Agreement

23.0 Non-Endorsement

24.0 Equal Opportunity In City Business Contracting

25.0 Anti-Lobbying Provision

26.0 General Provisions

27.0 Errors Or Omissions

28.0 Termination

29.0 Change Orders/ Contract Amendment

30.0 Venue

31.0 Indemnification

32.0 Contract Constraints And Conditions

33.0 Cooperative Purchasing

34.0 Certificate Of Interested Parties (Form 1295)

35.0 Changes In Company Name Or Ownership

36.0 Open Records Act

REQUEST FOR STATEMENT OF QUALIFICATIONS

WASTEWATER COLLECTIONS SYSTEM MASTER PLAN

1.0 PROJECT SUMMARY

The City of DeSoto, Texas (the “City”) is requesting this Request for Statement of Qualifications

(RFSQ) from qualified and experienced consulting engineering firms (each, a “Respondent”) for the development of a Wastewater Collections System Master Plan. This plan is intended to address the current and future needs of the City’s wastewater collection system and provide long-term guidance and planning for future wastewater system capital improvement projects over a multi-year planning period.

This plan will identify and prioritize wastewater system improvements in order to meet future regulatory requirements, maintain system capacity and reliability, and accommodate growth within the service area. The selected engineering firm will identify areas in need of additional capacity based on current and future wastewater needs, prioritize and provide a planning level description of projects spanning a 10-year time span. The consultant will provide detailed project descriptions and cost estimates of required projects for the first 5-year period, to be implemented in the Utilities Department’s capital improvement program. The consultant will also utilize existing wastewater system basin study data where possible.

The selected Respondent will be invited to enter into a Professional Services Agreement with the

City, in a form provided by the City, to perform the services described in this RFQ and Scope of

Work. The selected Respondent shall furnish all labor, personnel, materials, equipment, and other resources necessary to complete the project in accordance with the negotiated agreement.

The City reserves the right to reject any or all responses, waive minor informalities or irregularities, request clarifications, negotiate with the highest-ranked Respondent, or cancel this RFQ if doing so is determined to be in the best interest of the City. Final award of any contract is subject to approval of the DeSoto City Council, and no contract shall become effective until it has been fully executed by all authorized parties.

Interested parties may download the full RFQ from:

https://vendors.planetbids.com/portal/78951/bo/bo-search.

RFQ Document can also be downloaded on CivCast

2.0 REVIEW PROCESS

The City of DeSoto will conduct the review, screening, and selection of a professional firm to provide the services required based on the Statement of Qualification (SOQ) packages received.

The City may invite the highest-ranking firms to make a presentation where committee members can ask questions regarding the presentation and/or the written response. The individual or firm is strongly encouraged to suggest additions and/or modifications to the stated scope of the project that they believe will enhance the project outcome.

At the conclusion of the presentations, the committee will rank the firms accordingly. The selected firm will be invited to enter negotiations to develop the overall scope of the project. If initially the https://vendors.planetbids.com/portal/78951/bo/bo-search negotiations are not successful, the City can select another firm to enter negotiations at its sole discretion.

3.0 PROJECT BACKGROUND

The City of DeSoto owns, operates, and maintains the sewer collection system within the incorporated city limits. The City is approximately 22 square miles in size and has approximately

260 miles of sanitary sewer piping, along with one (1) lift station. The City last updated its

Wastewater Collection System Masterplan in 2006 and no significant planning studies have been completed since.

4.0 SCOPE OF SERVICES

This project consists of evaluating the existing GIS data, as built drawings and performing field inspections to develop a hydraulic model of wastewater conveyance elements and lift stations.

Additionally, the project will: identify deficiencies within the sanitary sewer system for existing and future conditions; develop a wastewater capital improvement program, including a prioritized project list with cost estimates; changes, and recommend projects. The selected will be expected to perform the following: *Please note the following is not intended to be construed as a comprehensive list*

• Work with City staff to develop a list of existing deficiencies and trouble areas within the wastewater collection system.

• Develop hydraulic modeling of the wastewater collection system and lift stations.

• Perform flow monitoring to calibrate the wastewater model.

• Perform hydraulic analyses on existing and future conditions to identify sanitary sewer mains near or over capacity.

5.0 WORK DETAILS

The selected firm will be responsible for developing an updated Wastewater Collection System

Master Plan that integrates available data with City policies and priorities. Key components of the work include:

• Executive Summary summarizing critical points and priorities.

• Introduction detailing the plan's requirements, objectives, and approach.

• Basis of Planning covering the history of the municipal sewer system, service area descriptions, land use discussions, and detailed mapping of existing systems.

o Flow Projections and Modeling to assess current demands and project future needs over a 10-year horizon.

• Hydraulic Analysis to identify capacity issues in the sewer system.

• Capital Improvement Plan (CIP) recommendations for existing infrastructure upgrades, rehabilitation programs, and implementation schedules.

• Recommendations for implementation of an infrastructure operations and maintenance plan.

6.0 TENTATIVE SCHEDULE OF EVENTS

The following schedule is provided for planning purposes only. The City reserves the right to modify the schedule at any time through the issuance of an addendum.

Event Date

RFSQ Release Date Friday, July 24, 2026

Pre-Submittal Conference Thursday, August 6, 2026, 2:00 PM (CST)

Deadline for Questions Thursday, August 13, 2026, 2:00 PM (CST)

Deadline for Qualification Submissions Friday, August 28, 2026, 11:00 AM (CST)

Selection Approval by the City Council TBD

7.0 UNAUTHORIZED COMMUNICATIONS

After release of this solicitation, contact regarding this RFQ with members of the RFQ evaluation, interview or selection panels, employees of the City or officials of the City other than the

Purchasing Manager, Buyer, or as otherwise indicated is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written, with any members of the

City Council, members of the RFQ evaluation, interview, or selection panels, City staff or City’s firms, or directly or indirectly through others, seek to influence any City Council member, City staff, or City’s firms regarding any matters pertaining to this solicitation, except as herein provided.

If a representative of any Respondent violates the foregoing prohibition by contacting any of the above listed parties with whom contact is not authorized, such contact may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this RFQ All questions and inquiries regarding this RFQ must be submitted in writing by contacting Connor Mitchell, Purchasing Manager, at

CMitchell@desototexas.gov.

8.0 CLARIFICATIONS AND ISSUANCE OF ADDENDUM

Respondents requiring clarification or interpretation of any portion of this RFQ shall submit written questions no later than the deadline identified in the Tentative Procurement Schedule of

Events. Questions received after the published deadline may not be considered.

Questions shall be submitted through PlanetBids.com or by email to CMitchell@desototexas.gov.

All correspondence shall clearly reference the RFQ number and title.

The City reserves the right to determine whether a response to a question requires an official clarification or modification to this RFQ. Any interpretation, clarification, correction, or change to this RFQ will be made only by written addendum issued by the City's Finance

Department/Purchasing Office. Oral statements, interpretations, or instructions by City officials, employees, or representatives shall not be binding and shall not be relied upon by Respondents.

Addenda will be posted through the City's designated procurement platform and shall become part of this RFQ Respondents are responsible for monitoring the procurement platform for the issuance of addenda and shall acknowledge receipt of all addenda with their response. Failure to acknowledge all required addenda may result in the submittal being deemed non-responsive.

mailto:procurement@desototexas.gov

9.0 PROPRIETARY INFORMATION

Respondents who believe that portions of their response contain proprietary, confidential, or trade secret information shall clearly identify and mark each page or section claimed to be confidential.

The identification of information as proprietary or confidential does not automatically exempt such information from disclosure under the Texas Public Information Act (Chapter 552, Texas

Government Code).

The City will comply with all applicable provisions of the Texas Public Information Act in responding to requests for public information. If the City receives a request for information that a

Respondent has identified as proprietary or confidential, the City may notify the Respondent in accordance with Section 552.305 of the Texas Government Code, when applicable, to allow the

Respondent the opportunity to submit arguments to the Office of the Attorney General regarding the requested information.

The Respondent is solely responsible for establishing that any portion of its response is exempt from public disclosure under applicable law. The City makes no representation regarding the confidentiality of any information submitted and assumes no responsibility for asserting legal arguments on behalf of the Respondent.

By submitting a response, the Respondent acknowledges that the response may be subject to public disclosure in accordance with the Texas Public Information Act.

10.0 COMPLETION OF SUBMITTALS

Submittals submitted under this RFQ will be used to evaluate the professional qualifications, experience, and capabilities of the Respondent(s) and to assist the City in determining which

Respondent will be selected to provide professional services.

All submittals shall be prepared in accordance with the requirements of this RFQ. Statements made by a Respondent shall be clear, complete, and without ambiguity. Where explanation or detail is necessary for full understanding, the Respondent shall provide sufficient elaboration to allow the City to properly evaluate the Submittal.

11.0 SUBMISSION OF QUALIFICATIONS

One (1) original, three copies (3), and one (1) USB flash drive of all qualification documents shall be submitted in sealed packages. The original must be clearly marked “ORIGINAL”, and the copies must be clearly marked “COPY”. Failure to submit the number of required copies may result in the submission being declared unresponsive.

Respondent’s name and address should be marked on the outside of the envelope. The SOQs must be inside a sealed envelope or container when submitted. Be sure the envelope shows the RFQ number, RFQ title, and is marked “SEALED SOQ”.

Facsimile transmittals or offers communicated by telephone will not be accepted or considered.

Response information that is not submitted in sealed packages will not be considered.

Mail or Deliver Sealed Responses to the Following Address:

City of DeSoto, Texas

Finance Department/Purchasing Office

211 E. Pleasant Run Road

DeSoto, Texas 75115

PACKETS MUST BE LABELED: “RFQ-2026-027 –

WASTEWATER COLLECTIONS SYSTEM MASTER PLAN”

12.0 SUBMITTAL REQUIRMENTS

The SOQ shall include a one-page cover letter plus a maximum of 20 single sided pages to address the RFQ criteria. The divider pages will not be counted towards the total page count.

Pages that have photos, charts and graphs will be counted towards the maximum number of pages.

Please number all pages. Front cover, back cover and table of contents will not count towards page limit. Respondents are encouraged to use their format within the guidelines described in the RFQ.

- Maximum page size for graphics: 11 inches by 17 inches.

- Maximum page size for texts: 8.5 inches by 11 inches.

- Maximum line spacing: 1.5.

- Minimum line spacing: 1.0

- Minimum font size 12-+point Arial or Times New Roman.

- Minimum margins: 1 inch on all sides.

13.0 DELIVERY OF SUBMITTALS

Submittals must be received in the City’s Finance Department/Purchasing Office by no later than

11:00 A.M, Friday, August 28, 2026. The submitting Respondent is responsible for the means of delivering the submittal to the location listed above on time. Delays due to any reason including delay occasioned by the Respondent or the City’s internal mailing system will be the responsibility of the Respondent. Submittals must be completed and delivered in sufficient time to avoid disqualification for lateness due to difficulties in delivery. The time and date recorded in City

Finance Department/Purchasing Office is the official clock for determining whether submittals are submitted timely. Late Responses will not be accepted under any circumstances.

14.0 QUALIFICATIONS EVALUATION CRITERIA AND ORGANIZATION

Qualifications will be evaluated by the City based on the following criteria:

RFSQ Ranking Criteria Weight (%)

Past Project Experience 40%

Project Team and Experience 35%

Project Approach and Methodology 15%

References 10%

Cover Letter - One (1) Page Limit

• This letter should be on company letterhead with a statement on the Consultant's basic understanding of the City’s RFQ.

• Office location from which the work will be performed.

• Indicate the location of the office from which the project will be managed and/or the majority of the key personnel assigned to the project will be located. Locations of sub-consultants’ offices shall also be identified.

Past Project Experience (40%) - Eight (8) Page Limit

• Current and past project experience within the last five (5) years as it relates to the scope of this RFSQ

• Specific references from other municipalities, public agencies, or organizations that your firm has prepared or assisted in preparation of work similar to that involved with this RFQ.

Project Team And Experience (35%) – Ten (10) Page Limit

• The Consultant shall identify the project manager and other key personnel (including sub-consultants) that will be assigned to this project and provide resumes of these individuals. Include detailed information of these individuals to indicate their availability to work on the project.

Project Approach And Methodology (10%) – Three (3) Page Limit

• Describe the approach and methodology for completing the tasks identified in the

Scope of Project section.

References (10%) - Two (2) Page Limit

• Demonstration of solid professional references that illustrate successful history of similar project completion in relation to masterplan and/or similar technical studies.

• Include project point of contact and contact information i.e. email, phone number, and reference of specific project completed on behalf of the client.

Failure to comply with the following criteria may be grounds for disqualification:

• Receipt of submittal by the specified cut-off date and time.

• Adherence to maximum page requirements.

15.0 EVALUATION PROCEDURE

A selection panel will consider how well the Respondent's abilities and methodologies meets the needs of the City. It is important that the responses be clear, concise and complete so the panel can adequately understand all aspects of the qualification in a succinct fashion.

The evaluation process is intended to help the City select the right Respondent with the best combination of professional attributes, experience and relevant skill sets, including that of investment, based on the evaluation factors.

This procurement is conducted pursuant to Texas Government Code Chapter 2254 (Professional

Services Procurement Act). Respondents shall not submit pricing information. The City will rank firms based on demonstrated competence and qualifications and will negotiate a contract and fee with the highest-ranked qualified firm.

The City may request a subset of finalists to make a presentation to the evaluation team for consideration. If interviews are deemed necessary, guidance regarding criteria and process will be provided accordingly. This RFQ provides general and technical information as well as the required format for responses. Submitted responses will be the primary source of information used for evaluation and selection. Please include all required and appropriate information with the qualification. No other source of information submitted, either written or verbal, will be considered part of the qualification.

16.0 AWARD OF QUALIFICATION

It is understood that the City reserves the right to accept or reject any and all submittals and to re-solicit for submittal, as it shall deem to be in the best interests of the City of DeSoto. Receipt and consideration of any submittals shall under no circumstances obligate the City of DeSoto to accept any submittals. If an award of contract is made, it shall be made to the responsible Respondent whose SOQ is determined to be the best evaluated offer taking into consideration the relative importance of the evaluation factors set forth in the RFQ.

The City reserves the right to award a single contract or multiple contracts by section listed in the

Scope of Work.

17.0 WITHDRAWAL OF SUBMISSION

A Respondent may withdraw its SOQ at any time prior to the SOQ submission deadline by submitting a written request signed by an authorized representative of the Respondent. After the submission deadline, SOQs may not be withdrawn except as permitted by applicable law.

18.0 PERIOD OF ACCEPTANCE

By submitting a SOQ, the Respondent agrees that its SOQ shall remain valid and irrevocable for a period of one hundred and eighty (180) calendar days following the SOQ due date, unless otherwise specified in the SOQ and accepted by the City. During this period, the City may evaluate

SOQs, conduct interviews, negotiate with the highest-ranked Submitter, and award a contract.

19.0 TAX EXEMPTION

The City is exempt from payment of Federal Excise and Texas State Sales and Use Tax.

Qualifications shall not include these taxes. They City’s tax exemption certificate will be provided upon request.

20.0 COST INCURRED IN RESPONDING

All costs incurred by the Respondent in preparing and submitting an SOQ, participating in interviews or presentations, responding to requests for clarification, or otherwise participating in the procurement process shall be the sole responsibility of the Respondent. The City shall not be liable for any costs incurred prior to the execution of a Professional Services Agreement.

21.0 NEGOTIATIONS

Following completion of the evaluation process, the City reserves the right to negotiate the final scope of services, project schedule, contract terms, and compensation with the highest-ranked

Respondent. If the City is unable to negotiate a satisfactory agreement, it may terminate negotiations and commence negotiations with the next highest-ranked Respondent or take any other action determined to be in the best interest of the City.

22.0 FORM OF AGREEMENT

The successful responder will be expected to enter into the City’s standard form service agreement attached hereto as Attachment “H.” Qualifications should be based on the terms included therein.

23.0 NON-ENDORSEMENT

The successful Respondent shall not, without the prior written consent of the City, use the name, logo, seal, or other identifying marks of the City in advertising, publicity, news releases, promotional materials, or other public communications. The Respondent shall not represent or imply that the City endorses its products or services.

24.0 EQUAL OPPORTUNITY IN CITY BUSINESS CONTRACTING

Race, religion, sex, color, ethnicity, and national origin are not used as criteria in the City’s business contracting practices. Every effort is made to ensure that all persons regardless of other race, religion, sex, color, ethnicity and national origin have equal access to contracts and other business opportunity with the City.

25.0 ANTI-LOBBYING PROVISION

During the period between SOQ submission date and the contract award, Respondents, including their agents and representatives, shall not discuss or promote their SOQ with any member of City

DeSoto City Council or City Staff except upon request of the City Finance Department/Purchasing

Office in the course of the City- sponsored inquiries, briefings, interviews or presentations.

This provision is not meant to preclude Respondents from discussing matters with City Council members or City Staff. The policy is intended to create a level playing field for all potential

Respondents, assure that contract decisions are made in public, and to protect the integrity of the

RFQ process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interest and benefit of the taxpayers and proper owner. Violation of this provision may result in rejection of the Respondent’s SOQ.

26.0 GENERAL PROVISIONS

The Respondent may not assign its rights or duties under an award without the prior written consent of the City. Such consent shall not relieve the assignor of liability in the event of default by its assignee.

27.0 ERRORS OR OMISSIONS

The Respondent will not be allowed to take advantage of any errors or omissions in this RFQ.

Where errors or omissions appear in this RFQ, the Respondent shall promptly notify the City

Finance Department/Purchasing Office in writing of such error or omission it discovers. Any significant errors, omissions or inconsistencies in this RFQ are to be reported no later than seven

(7) days before time for the SOQ to be submitted.

28.0 TERMINATION

If this selection results in a contract in future, it shall remain in effect until contract expires, delivery and acceptance of products and/or performance of services ordered or terminated by the

City with a thirty (30) day written notice prior to cancellation. In the event of termination, the City reserves the right to award a contract to next best Respondent as it deems to be in the best interest of the City.

Further, the City may cancel any future contract resulting from this RFQ without expense to the

City in the event that funds have not been appropriated for expenditures under this contract. The

City will return any delivered but unpaid goods in normal condition to the Respondent.

29.0 CHANGE ORDERS/ CONTRACT AMENDMENT

No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in the resulting contract. All change orders or amendments to the contract will be made in writing by the City’s Finance Department/Purchasing Office and signed by both parties. Change orders or contract amendment must be prior approved by the City following City

Policies.

30.0 VENUE

The Contract(s) will be governed and construed according to the laws of the State of Texas. The

Contract(s) is (are) performable in Dallas County, Texas. Venue shall lie exclusively in Dallas

County, Texas.

31.0 INDEMNIFICATION

The contract signed between the selected Respondent and the City will contain an indemnification provision substantially similar to the following:

CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND

OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES

OF PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY

WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES

(COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO

ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY

TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL

MISCONDUCT OF CITY. PROFESSIONAL AGREES TO INDEMNIFY, DEFEND, AND

HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES,

DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS’

FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO

OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE

EXTENT CAUSED BY PROFESSIONAL’S NEGLIGENT PERFORMANCE OF

SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION

ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,

AGENTS, EMPLOYEES, REPRESENTATIVES, PROFESSIONALS,

SUBPROFESSIONALS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS

(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS

OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGLIGENCE OF

CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST

CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, PROFESSIONAL,

ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT

PROFESSIONAL’S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY

SATISFACTORY TO CITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS

SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF

INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY

PROFESSIONAL UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE

THE TERMINATION OF THIS AGREEMENT.

32.0 CONTRACT CONSTRAINTS AND CONDITIONS

All services shall be provided in accordance with applicable requirements and ordinances of the

City, laws of the State of Texas, and applicable federal laws.

33.0 COOPERATIVE PURCHASING

Should other governmental entities decide to participate in this contract, Respondents, shall indicate in their SOQs whether they agree that all terms, conditions, specification, and pricing would apply.

If the successful Respondent agrees to extend the resulting contract to other governmental entities, the following will apply: Governmental entities utilizing contracts with the City will be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City will be billed directly to that governmental entity and paid by that governmental entity. The City will not be responsible for another governmental entity’s debts. Each governmental entity will order its own material/services as needed.

34.0 CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

The successful Respondent agrees to comply with Texas Government Code § 2252.908 and

Chapter 46 of the Texas Administrative Code. Respondent shall log onto the Texas Ethics

Commission website to electronically complete and submit Form 1295. Respondent shall print the completed form and submit the executed copy to the City at the time the SOQ is delivered. Failure to submit this form may disqualify Respondent. The form is completed at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

35.0 CHANGES IN COMPANY NAME OR OWNERSHIP

The Respondent shall notify the City’s Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated

W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition contract. Failure to provide timely notice may delay contract administration and payment processing. .

36.0 OPEN RECORDS ACT

SOQs submitted in response to this RFQ are subject to the Texas Public Information Act, Chapter

552 of the Texas Government Code.

After contract award, SOQs may be subject to public disclosure unless otherwise excepted from disclosure by law. Respondents claiming that portions of their SOQ contain proprietary or confidential information shall clearly identify and mark those portions as "CONFIDENTIAL."

The City will not be responsible for asserting any exceptions to disclosure on behalf of a

Respondent and will comply with the requirements of the Texas Public Information Act in responding to requests for public information.

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

Designation of information as confidential does not guarantee that such information will be withheld from public disclosure. The City will determine disclosure obligations in accordance with applicable law.

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ATTACHMENT “A”

OFFICIAL STATEMENT OF QUALIFICATIONS (“SOQ”)

FORM AND CERTIFICATION

FOR THE CITY OF DESOTO, TEXAS

This certification must be submitted with the SOQ.

Honorable Mayor and City Council Members:

The undersigned hereby proposes to furnish and deliver FOB destination point as listed on individual Purchase Orders:

The line items listed in accordance with the Net Prices and other conditions shown herein, and in accordance with the City’s Specifications and General Terms and Condition Specifications. When issued, Letters of Clarification shall automatically become part of this SOQ document and shall supersede any previous specifications or provisions in conflict with the Letters of Clarification. It is the responsibility of the Respondent to ensure that it has obtained such letters. By submitting a

SOQ on this project, Respondent shall be deemed to have received all Letters of Clarification and to have incorporated them into its SOQ.

The City may accept this SOQ offer by issuance of a Notice of Award Letter and/or a

Purchase Order covering award of said SOQ to this Respondent at any time on or before the 180th day following the day this Official SOQ Form is opened by the City. This offer shall be irrevocable for one hundred eighty (180) days after SOQ opening, or for ninety (90) days after City Council awards the SOQ, whichever comes last, but this period may be extended by written agreement of the parties.

THIS RESPONDENT IS AND REPRESENTS THAT IT IS AN EQUAL

OPPORTUNITY EMPLOYER.

The undersigned hereby offers to furnish and deliver the goods and/or services as specified at the prices and terms herein stated and in accordance with the Request for Qualifications, Clarification Letters, and General Terms and Condition Specifications, all of which are made a part of this offer.

All pages of the City’s form, including but not limited to the General Terms and

Conditions, Specifications and page one of this Request for Qualifications are incorporated by reference into this for all purposes.

NOTICE TO ALL NEW PROFESSIONALS WHO HAVE NOT

CONDUCTED BUSINESS WITH THE CITY OF DESOTO

FEDERAL FORM W9 REQUIREMENT:

The “Request for Taxpayer Identification Number and Certification” Federal Form W-9 should be filled out and returned with your SOQ. This form is available from any Federal Office or from

The City Finance Office and has not been included as part of this SOQ package. The form should be mailed to The City of DeSoto, Texas, Purchasing Department, 211 E. Pleasant Run Road, DeSoto, Texas 75115.

This form is REQUIRED to be on file BEFORE we can conduct any business with any

Professional. Submitting this form will assist us in setting your company up as a certified

Professional of the City.

RESPONDENT’S CERTIFICATION:

I, the undersigned, by signing the following statement agree that I have read and understand all of the terms and conditions, specifications, and requirements contained on each page of this Request for Qualifications. I also understand that if this SOQ is accepted by the City that all of the terms and conditions, specifications, and requirements submitted in my SOQ and any additions, changes, or deletions made during negotiations will be made a part of this SOQ under a binding contract between my company and the City. I also certify that this SOQ is made without previous understanding, agreement, or connection with any person, firm, or corporation making a SOQ for the same materials, and is in all fair and without collusion or fraud:

OUR company is a (Check One):

Corporation ___(The SOQ MUST be signed by an Officer of the company)

Partnership ___(The SOQ MUST be signed by a General Partner)

Joint Venture ___(The SOQ MUST be signed by an Officer of the company)

Sole Proprietor ___(The SOQ MUST be signed by the Owner)

Is the company a small, minority, or woman-owned business enterprise?

MBE ___ WBE ___ SBE ___

Has the company been certified as a SMWBE by any governmental agency?

Yes ___ No ___

If yes, specify the governmental agency: ________________________________

Date of certification: _______________________

ADDENDUMS:

The Respondent acknowledges receipt of the following Addenda: (If you have not received any

Addenda then write NONE across the blanks). If you have received Addenda then write beside the appropriate Addenda number the date received. ALL ADDENDA RECEIVED SHOULD

BE ATTACHED TO THE SOQ.

ADDENDUM # 1 _______________________________________________________

ADDENDUM # 2 _______________________________________________________

ADDENDUM # 3 _______________________________________________________

COMPANY NAME: __________________________________

COMPANY ADDRESS: __________________________________

CITY/STATE/ZIP: __________________________________

COMPANY REPRESENTATIVE

NAME: ____________________________________________________

TELEPHONE #:_________________________ FAX#:______________

EMAIL: ___________________________________________________

SIGNATURE: ______________________________________________

DATE: ____________________________________________________

ATTACHMENT “B”

HB Forms

Terrorist Organizations & Boycotting of Israel

Respondent hereby certifies that it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State. Respondent further certifies and verifies that neither Vendor, nor any affiliate, subsidiary or parent company of

Respondent, if any (the “Respondent Companies”), boycotts Israel, and Respondent agrees that

Respondent and Respondent Companies will not boycott Israel during the term of this Purchase

Order For purposes of this Purchase Order the term “boycott” shall mean and include terminating business activities or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in

Israel or in an Israeli-controlled territory.

Discrimination Against Firearm & Ammunition Industries

Respondent certifies and verifies that (1) neither Respondent, nor any affiliate, subsidiary or parent company of Respondent, if any (the “Respondent Companies”), does not have a written or unwritten internal practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association and (2) Respondent agrees that Respondent and Respondent Companies will not discriminate during the term of the contract against a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association during the term of this agreement pursuant to the provisions of Texas Government Code Chapter 2274. For purposes of this Agreement, the term “Discriminate against a firearm entity or firearm trade association” shall have the meaning defined in Texas Government Code Chapter 2274.

Boycotting of Energy Companies

Respondent certifies and verifies that it is not a company identified on the Texas Comptroller’s list of companies known to boycott energy companies, as defined in Texas Government Code

Chapter 809. Respondent further certifies and verifies that neither Respondent, nor any affiliate, subsidiary, or parent company of Respondent, if any (the “Respondent Companies”), boycotts energy companies and Respondent agrees that Respondent and Respondent Companies will not boycott energy companies during the term of this agreement pursuant to the provisions of Texas

Government Code Chapter 809. For purposes of this Agreement, the term “boycott energy company” shall have the meaning defined in Texas Government Code Chapter 809.

To Be Completed by Respondent:

“I, __________________(Name of certifying official), the ____________ (title or position of certifying official) of __________________(name of company), does hereby verify on behalf of said company to the City that said company does not Boycott Israel and will not Boycott Israel

(as that term is defined in Texas Government Code Section 808.001) during the term of this contract.

Signature of Certifying Official

Title:

Date:

ATTACHMENT “C”

CONFLICT OF INTEREST DISCLOSURE REQUIREMENT

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 governmental entity (i.e., the City) must disclose in the Questionnaire Form CIQ (“Questionnaire”) the person’s affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the City Secretary no later than seven (7) days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a Request for Qualifications, correspondence, or another writing related to a potential contract with the City. Updated Questionnaires must be filed in conformance with Chapter 176.

A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf.

Questions about compliance shall be directed to the Respondent’s 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 is a Class C misdemeanor.

http://www.ethics.state.tx.us/forms/CIQ.pdf

Form provided by Texas Ethics Commission www.ethis.state.tx.us Revised 1/1/2021

ATTACHMENT “D”

BUSINESS INFORMATION FORM

Complete Legal Name of Business

Address: ___________________________________________________________

City/State/ZIP: _______________________________________________________

Form of Business Entity (check one)

( ) Texas corporation ( ) Texas non-profit corporation ( ) Out-of-State corporation

( ) Texas professional corporation

______________________state of incorporation

(check one) _______profit _______non-profit

( ) Texas general partnership ( ) Texas limited partnership

( ) Out-of-State partnership

______________________state where partnership is legally registered

( ) Individual doing business as _____________________________________

( ) Texas limited liability company

( ) Other (describe) ________________________________________________

List the full name of each Officer of the Company:

PRESIDENT: ___________________________________

VICE PRESIDENT: ______________________________

SECRETARY:___________________________________

TREASURER:___________________________________

Who is legally authorized to sign and execute contracts?____________________

Who, if anyone, is required to witness contract signatures?_____ _____________

ATTACHMENT “E”

INSURANCE REQUIREMENT AFFIDAVIT

I, the undersigned Agent/Broker, reviewed the insurance requirement contained in this SOQ document. If the Respondent shown below is awarded this contract by the City, I will be able to, within fifteen (15) days of notification of such award, furnish a valid insurance certificate to the

City meeting all of the insurance requirements in this SOQ.

Insurance Coverage Reviewed:

Agent’s Name:

Agency Name:

Address:

City/State/ZIP:

Telephone No: ( ) Fax No: ( )

Respondent’s Name and Company:

RFQ No. and Title:

Insurance Agent/Broker Signature: Date:

If the above fifteen-day requirement is not met, the City has the right to reject this SOQ and award the contract to the next lowest Respondent meeting specifications. If you have any questions concerning these requirements, please contact the Purchasing Manager (972) 230-

9685.

Respondent’s Signature: Date:

To Be Completed by Insurance Agent/Broker and Responder

By submitting an SOQ and signing below I affirm the following: I am aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within fifteen days of notification of award.

ATTACHMENT “F”

DRUG-FREE WORKPLACE CERTIFICATION

The _________________________ (company name) will provide a Drug Free Work Place in compliance with the Drug Free Work Place Act of 1988. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited on the premise of the

__________________ (company name) or any of its facilities. Any employee who violates this prohibition will be subject to disciplinary action up to and including termination. All employees, as a condition of employment, will comply with this policy.

CERTIFICATION REGARDING DRUG FREE WORKPLACE

The undersigned Respondent certifies it will provide a drug-free workplace by:

Publishing a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the consequences of any such action by an employee;

Establishing an ongoing drug-free awareness program to inform employees of the dangers of drug abuse in the workplace, the Respondent’s policy of maintaining a drug-free workplace, the availability of counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed on employees for drug violations in the workplace;

Providing each employee with a copy of the Respondent’s policy statement;

Notifying the employees in the Respondent’s policy statement that as a condition of employment under this subcontract, employees shall abide by the terms of the policy statement and notifying the Respondent in writing within five (5) days after any conviction for a violation by the employee of a criminal drug abuse statue in the workplace;

Notifying the City within ten (10) days of the Respondent’s receipt of a notice of a conviction of any employee; and, Taking appropriate personnel action against an employee convicted of violating a criminal drug statue or requires such employee to participate in a drug abuse assistance or rehabilitation program.

Name of Organization/Professional(s):

Signature of Authorized Representative:

Date: _________________________________

ATTACHMENT “G”

SOQS & REFERENCES SHEET

Please Complete and Return This Form with the SOQ

The Respondent shall furnish, with the RFQ, the following information, for at least five (5) recent references to whom products and/or services have been provided that are similar to those required by this RFQ.

1. Company’s Name

Name of Contact

Title of Contact

Present Address

City, State, ZIP

Telephone Number ( ) Fax Number ( )

2. Company’s Name

Title of Contact

Present Address

3. Company’s Name

Title of Contact

Present Address

4. Company’s Name

Title of Contact

Present Address

5. Company’s Name

Title of Contact

Present Address

ATTACHMENT “H”

DESOTO SERVICE CONTRACT FORM

(TO BE COMPLETED BY THE SELECTED FIRM(S) AT THE CONCLUSSION OF

THE RFQ SELECTION PROCESS)

STATE OF TEXAS §

§ AGREEMENT FOR PROFESSIONAL SERVICES

COUNTY OF DALLAS §

This Agreement for Professional Services (“Agreement”) is made by and between the City of

DeSoto, Texas (“City”) and ______________________________ (“Professional”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives.

RECITALS:

WHEREAS, the City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this

Agreement; and

WHEREAS, Professional desires to render services relating to the drafting of a

Wastewater Collections System Master Plan, as more fully described in Exhibit “A” attached hereto and made a part herein by reference, and in accordance with the terms and conditions set forth in this Agreement; and

NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:

Article I

Term

1.1 The Term of this Agreement shall commence on the last date of execution hereof

(the “Effective Date) and shall continue until completion of services.

1.2 Termination.

A. Termination for Convenience. The City may terminate this Agreement, in whole or in part, at any time and without cause upon thirty (30) calendar days' written notice to Professional. Upon receipt of such notice, Professional shall immediately discontinue all work except as otherwise directed by the City. Professional shall be entitled to compensation only for services satisfactorily performed and accepted by the City through the effective date of termination, together with any authorized reimbursable expenses incurred prior to termination. Professional shall not be entitled to anticipated profits or consequential damages.

B. Termination for Cause. The City may terminate this Agreement immediately upon written notice if Professional:

1. Fails to perform the services in accordance with this Agreement;

2. Materially breaches any provision of this Agreement;

3. Fails to maintain required insurance;

4. Becomes insolvent or files bankruptcy;

5. Is suspended or debarred from participation in federally funded contracts; or

6. Violates any applicable federal, state, or local law or grant requirement applicable to this Agreement.

Prior to termination for cause, the City may provide Professional written notice specifying the default and allowing ten (10) calendar days to cure, unless the City determines that immediate termination is necessary to protect the public interest or comply with grant requirements.

Upon termination, Professional shall immediately deliver to the City all work products, project files, electronic data, records, reports, and other materials prepared under this Agreement.

Article II

Contract Documents

2.1. This Agreement consists of the following items:

(a) This Agreement; and

(b) Scope of Services provided by Professional (attached as Exhibit “A”).

2.2 In the event there exists a conflict in interpretation, the documents shall control in the order listed above. These documents shall be referred to collectively as “Contract Documents.”

Article III

Scope of Services

3.1 The Parties agree that Professional shall perform the services specifically set forth under Exhibit “A”.

3.2 Licenses. Professional represents to City that Professional possesses any and all licenses which…