Utility_Rate_and_Connection_Fee_Study_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

2023-015

UTILITY RATE AND CONNECTION FEE STUDY

City of Edinburg

415 W. University Drive

Edinburg, TX 78541

RELEASE DATE: July 14, 2023

DEADLINE FOR QUESTIONS: July 24, 2023

RESPONSE DEADLINE: August 1, 2023, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofedinburg https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Edinburg

REQUEST FOR PROPOSAL

Utility Rate and Connection Fee Study

I. Introduction II. Legal Notice

III. Instructions, Terms and Conditions IV. Specifications V. Vendor Questionnaire

VI. Pricing Proposal VII. Evaluation Criteria

Attachments:

A - Sample Agreement

Request For Proposal #2023-015 Title: Utility Rate and Connection Fee Study

1. INTRODUCTION

1.1. Summary

The City of Edinburg Utilities Department is seeking proposals from qualified consultants to conduct a comprehensive Utility (Water & Sewer) Rate and Connection (tap) Fee Study. The intent of the study is to evaluate the City’s existing water & sewer fund, budgets, capital improvement plans, financing plans, current usage data, and future growth demands, and existing connection (tap) fee and recommend changes to the rate structure and rate adjustment to fully cover all costs associated with providing water and wastewater service. A selection panel will review and evaluate the qualification statements and select a single consultant firm for this project.

1.2. Background

The city’s water & sewer fund is operated as a self-supporting enterprise fund. Rates charged for water and sewer must be adequate to support maintenance and operations, new service connections and extensions, debt service on the water and sewer infrastructure, contractual obligations with other utility providers, depreciation/replacement and administrative costs, and capital improvement projects.

The Utilities Department consists of the following divisions:

A. Utilities Administration - Oversees water production and treatment, water distribution, wastewater collection, and wastewater treatment plants.

B. Water Treatment Plant - Provide and deliver safe drinking water with adequate supply and pressure through two surface water plants for a combined treatment capacity of 26 million gallons per day (MGD). The City’s primary source of raw water is the Rio Grande River. In addition, the utility system has interconnections with McAllen Public Utility Board and North

Alamo Water Supply Corporation.

C. Wastewater Treatment Plant - Produces environmentally safe wastewater and solid waste suitable for disposal or reuse through one wastewater treatment plant that has a treatment capacity of 12.3 million gallons per day (MGD)

D. Systems - Operate and maintain the water distribution and sewer collection systems. The City owns over 495 miles of water lines, 5,200 fire hydrants, 381 miles of sewer lines, 5,818 sewer manholes, and 51 lift stations.

E. Billing Department – Provides billing services for water and sewer. There are currently 31,063 water accounts and 25,894 sewer accounts. The billing department utilizes Tyler Technologies

‘INCODE Utility Billing software.

Detailed information regarding the City’s Water & Sewer Rate and Connection (tap) Fees can be found in the following website:

https://cityofedinburg.com/departments/finance/utility_billing.php https://cityofedinburg.com/departments/finance/utility_billing.php

1.3. Contact Information

Gerardo Carmona

Director of Utilities

415 w university blvd

Edinburg, TX 78541

Email: gcarmona@cityofedinburg.com

Phone: (956) 388-8212

Department:

Utilities

Department Head:

Gerardo Carmona

Director of Utilities

1.4. Timeline

Release Project Date July 14, 2023

Pre-Proposal Meeting (Non-Mandatory) July 18, 2023, 1:30pm

City of Edinburg

City Hall Community Room 1st Floor

415 W. University Dr.

Edinburg, TX 78541

Question Submission Deadline July 24, 2023, 5:00pm

Proposal Submission Deadline August 1, 2023, 3:00pm mailto:gcarmona@cityofedinburg.com tel:(956)388-8212

2. LEGAL NOTICE

2.1. Notice to Respondents

The City of Edinburg is soliciting sealed proposals from qualified vendors for a Utility Rate and

Connection Fee Study.

Sealed Proposals must be submitted electronically or received by the City Secretary’s Office no later than:

3:00 pm, Tuesday, August 1, 2023.

All sealed proposals must be received either electronically or at the designated location by the deadline shown. Proposals received after the deadline will not be considered for the award of the contract and shall be considered void and unacceptable.

All proposals will be opened, and bidder’s names publicly read aloud promptly in the City Hall

Community Room, at 415 W. University Dr., Edinburg, TX 78541, at 3:00 pm, Tuesday, August 1, 2023.

To obtain a copy of the Request for Proposals or submit an electronic proposal please visit:

https://procurement.opengov.com/portal/cityofedinburg

If a Respondent chooses to submit a Hard Copy Proposal, it must be delivered in a sealed envelope with a return address and clearly marked “City of Edinburg RFP No. 2023-015" to the City Secretary's Office prior to the RFP opening date and time. The receiving time in the City Secretary's Office will be the governing time for acceptability of the proposals. The Respondent's firm name shall appear on the outside of the envelope.

Submit Proposals to:

If submitting Electronic: https://procurement.opengov.com/portal/cityofedinburg

If Hand-Delivering Bids: 415 W. University Drive c/o City Secretary Department (1st Floor)

RFP No. 2023-015

If you have any questions or require additional information contained the RFP, you may contact Criselda

Lozano, Purchasing Manager, please submit your questions via OpenGov Procurement at the website listed above no later than 5:00 pm on Monday, July 24, 2023.

The City of Edinburg reserves the right to reject any or all proposals and to waive informalities or technicalities and to accept the Proposal deemed most advantageous to the City, and hold the proposal for a period of 90 days without taking action.

Bidder on the work will be required to comply with the President’s Executive Order No. 11236 and Order

No. 11375 which prohibits discrimination in employment regarding race, creed, color, sex, or national origin. Bidder must comply with the Title VI of the Civil Rights Act of 1964 after Civil Rights Act and federally mandated procurement contract provisions at Appendix II to 2 CFR Part 200.

Prospective contractors/ subcontractors shall be registered in the SAM System for Award Management database prior to award of a contract or agreement. Registration can be completed at www.sam.gov.

All contractors and/or subcontractors who are debarred, suspended, or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project.

http://www.sam.gov/

3. INSTRUCTIONS, TERMS AND CONDITIONS

3.1. General Instructions

PURPOSE

The purpose of these solicitation documents is to provide a Proposals for: Utility Rate and Connection

Fee Study

INTENT

The services to be provided under this RFP shall be in accordance with and shall meet all specifications and/or requirements as shown in this solicitation for RFP. There is no intention to disqualify any respondent who can meet the requirements.

SUBMITTAL OF "HARD COPY" RFP

If submitting a Hard Copy RFP, it must be submitted in a sealed envelope by the vendor. Submit two (2) complete sets of the response, one (1) original marked “ORIGINAL,” and one (1) Digital Copy in a flash drive. Each RFP must be completely filled out and SUBMITTED IN ORIGINAL FORM complete with all supporting documentation. RFPs submitted by facsimile (fax) will not be accepted. Submittal of an RFP in response to this solicitation constitutes an offer by the respondent. Once submitted, RFPs become the property of the City of Edinburg and as such the City reserves the right to use any ideas contained in any

RFP regardless of whether that respondent/firm is selected. Submission of a RFP in response to this solicitation, by any respondent, shall indicate that the respondent(s) has/have accepted the conditions contained in the RFP, unless clearly and specifically noted in the RFP submitted and confirmed in the contract between the City and the successful respondent otherwise. RFPs which do not comply with these requirements may be rejected at the option of the City. RFPs must be filed with the City of

Edinburg before the deadline day and hour. No late RFPs will be accepted. Failure to meet RFP requirements may be grounds for disqualification.

If Hand-Delivering Bids: 415 W. University Drive c/o City Secretary Department (1st Floor)

If submitting Electronic: https://procurement.opengov.com/portal/cityofedinburg

TIME ALLOWED FOR ACTION TAKEN

The City of Edinburg may hold RFPs 90 days after deadline without taking action. Respondents are required to hold their RFPs firm for same period of time.

RIGHT TO REJECT/AWARD

The City of Edinburg reserves the right to reject any or all RFPs, to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best and most advantageous to the City of Edinburg.

ASSIGNMENT

https://procurement.opengov.com/governments/956100/portal/cityofedinburg

Respondents are advised that the City of Edinburg shall not allow the successful respondent to sell, assign, transfer, or convey any part of any contract resulting from this RFP in whole or in part, to a third party without the written approval of the City of Edinburg.

AWARD

Respondents are advised that the City of Edinburg is soliciting RFPs and award shall be made to the respondent that in the opinion of the City of Edinburg is the best qualified.

The City of Edinburg reserves the right to award contract(s) based solely on the written proposals. The

City also reserves the right to request oral interviews.

FINAL SELECTION AND THE CITY COUNCIL APPROVAL

Selection shall be made of one or more proposers deemed to be fully qualified and best suited among those submitting Proposals on the basis of the evaluation factors included in the Request for Proposals, if so stated in the Request for Proposals. Negotiations shall be conducted with the proposers selected.

After negotiations have been conducted with each proposer selected, the agency shall select the proposer which, in its opinion, has made the best proposal, and shall award the contract to that proposer. The City may cancel this Request for Proposals or reject the Proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed the most advantageous. Should the City determine in writing and in its sole discretion that only one proposer is fully qualified, or that one proposer is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that proposer. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor's proposal as negotiated. After the selection of the most qualified firm(s), scope of services and billing rates will be negotiated and used as attachments to the City’s Professional

Services Agreement. This Agreement will then be submitted to the City Council for approval. If the City and the selected firm cannot successfully negotiate an agreement, then the City will enter into negotiations with the next best qualified firm on the evaluation rating list. This procedure may be repeated until one (1) or more firms has been selected and approved by the City Council.

NUMBER OF CONTRACTS

THE CITY reserves the right to award one or no contract in response to this RFP.

STATUTORY REQUIREMENTS

It shall be the responsibility of the successful respondent to comply with all applicable State & Federal laws, Executive Orders and Municipal Ordinances, and the Rules and Regulations of all authorities having jurisdiction over the work to be performed hereunder and such shall apply to the contract throughout, and that they will be deemed to be included in the contract as though written out in full in the contract documents.

ALTERATIONS/AMENDMENTS TO RFP

RFP CANNOT be altered or amended after opening time. Alterations made before opening time must be initialed by respondent guaranteeing authenticity. No RFP may be withdrawn after opening time without acceptable reason in writing and only after approval by the City of Edinburg.

NO RESPONSE TO RFP

If unable to submit a RFP, respondent should return inquiry giving reasons.

LIST OF EXCEPTIONS

The respondent shall attach to his/her RFP a list of any exceptions to the specifications/ requirements.

PAYMENT

The City of Edinburg will execute payment by mail in accordance with the State of Texas Pay Law after

SERVICES have been completed, introduced to the City, and found to meet City of Edinburg specifications/requirements. No other method of payment will be considered.

SYNONYM

Where in this solicitation package SERVICES is used, its meaning shall refer to the request for Utility Rate and Connection Fee Study as specified.

RESPONDENT’S EMPLOYEES

Neither the Respondent nor his/her employees engaged in fulfilling the terms and conditions of this

Service Contract shall be considered employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the vendor on contract. The City shall have the right of inspection of said undertakings at any time.

INDEMNIFICATION CLAUSE

The Respondent agrees to indemnify and save harmless the City, from all suits and actions of every nature and description brought against them or any of them, for or on account of the use of patented appliances, products or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the Purchasing

Manager, as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used.

INTERPRETATIONS

Any questions concerning the project and/or specifications/requirements with regards to this solicitation for Proposals shall be directed to the e-procurement portal as outlined in the RFP. Such interpretations, which may affect the eventual outcome of this request for Proposals, shall be furnished in writing to all prospective Respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the City of Edinburg in accordance with paragraph entitled “Addenda and

Modifications”.

VERBAL THREATS AND OFFICIAL CONTACT

Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item/material/services for whatever reason and/or reasons shall be considered a breach of contract and the City will immediately sever the contract with the Respondent/Consultant on contract.

Respondents shall not offer gratuities, favors or any monetary value to any official or employee of the

City for purpose of influencing the selection. Any attempt by any Respondent to influence the selection process by any means, other than disclosure of Proposals and credentials through the proper channels, shall be grounds from exclusion from the selection process. Once the project is advertised, there shall be no contact with any city official or employee unless using the formal process through the Purchasing

Department. Failure to comply will result in the firm being disqualified from the process.

CONFIDENTIAL INFORMATION

Any information deemed to be confidential by the respondent should be clearly noted on the pages where confidential information is contained; however, the City cannot guarantee that it will not be compelled to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential by the respondent may not be considered confidential under

Texas Law, or pursuant to a Court order.

PAST PERFORMANCE

Respondent’s past performance shall be taken into consideration in the evaluation of RFP submittal.

JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the

State of Texas. Any and all obligations and payments are due and performable and payable in Hidalgo

County, Texas.

RIGHT TO AUDIT

The City of Edinburg reserves the right to audit the vendor’s books and records relating to the performance of this contract. The City of Edinburg, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours’ advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by the vendor(s) with respect to the Supply/Service and/or Purchase Contract. If such audit shall disclose overpayment by City to vendor, written notice of such overpayment shall be provided to the vendor and the amount of overpayment shall be promptly reimbursed by vendor to the City. In the event any such overpayment is not paid within ten (10) business days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1%) per month from the date of such notice until paid.

VENUE

The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and/or any other dispute(s) shall be in Hidalgo County, Texas.

CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS

The City may give local vendors, whose principal place of business is located within the City of Edinburg, and whose bid is within five percent (5%) of the lowest bid price preference as allowed by Section

271.9051 of the Local Government Code.

CONFIDENTIALITY OF INFORMATION AND SECURITY

Should the successful respondent become the holder of and have access to confidential information in the process of fulfilling its responsibilities in connection with an awarded contract the successful respondent agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of the City, and any applicable federal laws and regulations relating to confidentiality.

TERMINATION OF CONTRACT

The City of Edinburg reserves the right to terminate the contract if, in the opinion of the City of

Edinburg, the successful vendor’s performance is not acceptable, no funds are available, or if the City wishes, without cause, to discontinue this contract. Termination will be in written form allowing a 30-day notice.

ADDENDA AND MODIFICATIONS

Respondent shall carefully examine the RFP forms, specifications/requirements, and instructions to

Respondents. Should the respondent find discrepancies in, or omissions from specifications/requirements, or other documents, or should he/she be in doubt as to their meaning, he/she should request an interpretation via the OpenGov portal:https://procurement.opengov.com/portal/cityofedinburg and obtain clarification by addendum prior to submitting any RFP. Explanations, interpretations, and supplemental instructions shall be in the form of written Addenda which shall become a part of the Contract documents. Said Addenda shall be available thru the e-procurement portal, and e-mailed, to all prospective Respondents. All Addenda issued in respect to this project shall be considered official changes to the original RFP documents.

Verbal statements in response to inquiries and/or requests for explanations shall not be authoritative nor binding. It shall be the Respondent(s) responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, Respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their RFP Submittal if submitting a Hard Copy Solicitation. Electronic submittals should be acknowledged through

OpenGov. Respondent(s) signature on Addenda shall be interpreted as the respondent’s “recognition and compliance to” official changes as outlined by the City of Edinburg and as such are made part of the original solicitation documents. Failure of any respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. The City may issue a written addendum no later than five calendar days prior to the date bids must be received. Addendums are available online at https://procurement.opengov.com/portal/cityofedinburg

RFP PREPARATION COSTS

The City of Edinburg shall not be held liable for any costs incurred by any respondent for work performed in the preparation of and production of a RFP or for any work performed prior to execution of contract.

EQUAL EMPLOYMENT OPPORTUNITY

Respondent agrees that they will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title

VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

AUTHORIZATION TO BIND RESPONDENT TO RFP

RFPs MUST give full firm name and address of respondent, and be manually signed. Failure to do so will disqualify your RFP. Person signing bid must show title or AUTHORITY TO BIND HIS/HER FIRM IN A

CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the RFP. A corporation shall execute the RFP by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership Respondent shall give full names and addresses of all partners. All partners shall execute the

RFP. Partnership and Individual Respondent shall state in the proposal the names and addresses of all persons with a vested interest therein. The place of residence of each Respondent, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature.

COOPERATIVE PRICING

Bidders are advised that in addition to responding to our “local” solicitation for bids/Bids with Dealer pricing, vendors/contractors are encouraged to provide pricing on the below referenced items/products/services based on BuyBoard, TX-MAS, H-GAC and/or any other State of Texas recognized and approved cooperative which has complied with the bidding requirements for the State of Texas. If bidding other than or in addition to “dealer” pricing, kindly duplicate the bid forms for each bid being provided from a cooperative contract. Any and all applicable fees must be included. All cooperative pricing must be submitted on or before bid opening date and hour.

ETHICAL STANDARD

No City official or employee shall have interest in any contract resulting from this bid.

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 IS A CLASS “C”

MISDEMEANOR.

3.2. INSURANCE REQUIREMENTS

Staff may waive insurance requirements for contracts $0 - $4,999.99, including but not limited to contracts for food, materials, supplies, and construction. Workers’ Compensation in amounts which satisfy statutory coverage shall be required for construction projects.

The following insurance requirements will be included in all City contracts of $5,000 - $14,999.99. In contracts not involving building and construction projects, as that activity is defined in TEX. LABOR CODE

§406.096, contractors may obtain alternative form of worker accident insurance with minimum limits of liability of $100,000 per claim.

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Comprehensive General Liability

(City named as additional insured)

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

The following insurance requirements will be included in all City contracts of $15,000 or more.

(1) The successful bidder will be required to carry the following insurance coverage and limits of coverage, as well as list the City as an additional insured to liability coverage as requested by the City. In addition, the successful bidder shall provide the City with evidence of coverage and furnish acceptable proof of payment of insurance premiums.

(2) The successful bidder will be required to secure and/or have insurance coverage in force with an admitted property and casualty insurance company licensed by the State of Texas to conduct business in the State of Texas.

(3) In contracts not involving building and construction projects, as that activity is defined in TEX. LABOR

CODE §406.096, contractors may obtain alternative form of worker accident insurance with minimum limits of liability of $100,000 per claim.

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Employer’s Liability Bodily Injury by Accident:

$100,000 each accident

Bodily Injury by Disease:

$100,000 each employee/$500,000 policy limit

Comprehensive General Liability

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

Comprehensive Auto Liability

Bodily Injury $100,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

City’s Protective Liability

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

Policies must name the City of Edinburg as an Additional Insured.

Certificates of insurance naming the CITY as an additional insured shall be submitted to the CITY for approval prior to any services being performed by Contractor. Each policy of insurance required hereunder shall extend for a period equivalent to, or longer than the term of the Contract, and any insurer hereunder shall be required to give at least thirty (30) days written notice to the CITY prior to the cancellation of any such coverage on the termination date, or otherwise. This Contract shall be automatically suspended upon the cancellation, or other termination, of any required policy of insurance hereunder, and such suspension shall continue until evidence that adequate replacement coverage is provided to the CITY. If replacement coverage is not provided within thirty (30) days following suspension of the Contract, the Contract shall automatically terminate.

4. SPECIFICATIONS

4.1. Scope of Work/Task

The study shall develop recommendations and propose a rate/fee plan for City Council consideration. The study should calculate the full cost of providing water & wastewater services and recommend rates/fees which will generate revenues sufficient to cover the full cost of maintaining, operating the system and expanding the system.

The consultant will be expected to analyze and obtain a thorough understanding of the City’s water & sewer fund’s financial condition. The analysis is expected to include at a minimum:

A. Historical analysis of revenues and operating expenses.

B. Historical cost analysis for producing potable water and treating sewer.

C. Analyze and compare the City’s existing rates with nearby Cities or water purveyors.

D. Analyze and provide growth projections.

E. Evaluate the utility department’s capital improvement program.

F. Analysis of existing utility fund financial condition and the planned infrastructure improvements.

G. Make a determination of revenues to cover all existing and future operating and capital improvement projects.

H. Analyze and compare the City’s existing connection fees with nearby Cities or water purveyors.

I. Cost and effectiveness analysis

J. Capital improvement plans

K. Water audit

The consultant will be expected to develop a schedule of water & sewer rates and connection (tap) fees.

The rates and fees must be developed to meet the following objectives:

A. Shall develop water and wastewater rates/fees to fully cover current and future costs of providing water and sewer services, including proposed capital improvements and existing and future debt financing and depreciation.

B. Shall provide analysis and recommendations for the City’s rate schedule and/or recommend alternative rate schedules for retail customers and bulk customers.

C. Shall identify the rates for water meters up to 8”.

The consultant will be expected to meet & present all data with management staff, committees, and City

Council and incorporate all comments into the final recommendation. Additionally, the consultant will be expected to attend multiple preliminary meetings, one public hearing, two Council work sessions and one presentation at a Council Meeting to present study recommendations.

5. VENDOR QUESTIONNAIRE

5.1. Proposal*

Please upload your entire proposal here as one complete PDF document.

Please do not upload multiple files.

*Response required

5.2. If you have any proprietary documents, please attach the redacted document here.

5.3. Please upload your current insurance certificate.*

Please upload your current insurance certificate.

*Response required

5.4. Required Forms

5.4.1. Please fill out and sign the Conflict of Interest Disclosure form and upload here* Please download the below documents, complete, and upload.

• CONFLICT_OF_INTEREST.pdf

*Response required

5.4.2. Please fill out and sign the General Questionnaire and upload here* Please download the below documents, complete, and upload.

• GENERAL_QUESTIONNAIRE.pdf

*Response required

5.4.3. Please fill out the Litigation Disclosure Form and upload here* Please download the below documents, complete, and upload.

• LITIGATION_DISCLOSURE_FORM.pdf

*Response required

5.4.4. Please fill out and sign HB 89 and upload here*

HB 89

The 85th Texas Legislature approved new legislation, effective Sept. 1, 2017, which amends Texas Local

Government Code Section 1. Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott Israel; and

2) will not boycott Israel during the term of the contract https://government-project.s3.us-west-2.amazonaws.com/35171/95be07f1-80fd-4c92-b05d-0803eef73b61_CONFLICT_OF_INTEREST.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=B4HpXdQePQQokwkfF%2F8nUUFtwng%3D&response-content-disposition=attachment%3B%20filename%3D%22CONFLICT_OF_INTEREST.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/c69185ef-ade8-44db-b651-c53a4cfcadac_GENERAL_QUESTIONNAIRE.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=JTENzomhFG1S3z2n1er5LYwGloU%3D&response-content-disposition=attachment%3B%20filename%3D%22GENERAL_QUESTIONNAIRE.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/5ab2a5cb-2670-4b00-b60a-2254370693af_LITIGATION_DISCLOSURE_FORM.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=6A6ExBV14Yge2LyZX6rFLhyV24Q%3D&response-content-disposition=attachment%3B%20filename%3D%22LITIGATION_DISCLOSURE_FORM.pdf%22

Please download the below documents, complete, and upload.

• HOUSE_BILL_89_VERIFICATION.pdf

*Response required

5.4.5. Please fill out and sign the Senate Bill 13 and upload here*

SB 13 ENERGY COMPANY BOYCOTTS

The 87th Texas Legislature approved new legislation, effective Sept. 1, 2021, which amends Texas Local

Government Code 2274.001. Subtitle F, Title 10, Chapter 809 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott energy companies and will not boycott energy companies during the term of the

Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required, or

2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Agency.

Please download the below documents, complete, and upload.

• SENATE_BILL_13_VERIFICATION...

*Response required

5.4.6. Please fill out and sign the Senate Bill 19 and upload here*

SB 19 FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATIONS

The 87th Texas Legislature approved new legislation, effective Sept. 1, 2021, which amends Texas Local

Government Code Section 1. Subtitle F, Title 10 of the Texas Government Code 2274.002, Respondent verifies that it:

1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and

2) will not discriminate during the term of the contract against a firearm entity or firearm trade association.

If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Agency.

Please download the below documents, complete, and upload.

• SENATE_BILL_19_VERIFICATION...

*Response required

5.4.7. Please fill out and sign the Conflict of Interest form and upload here* https://government-project.s3.us-west-2.amazonaws.com/35171/c07f36ac-db17-454d-83c9-d2a2281cf51f_HOUSE_BILL_89_VERIFICATION.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=k%2Fb3Jn47x%2FYJpkw2aW95zn3erq0%3D&response-content-disposition=attachment%3B%20filename%3D%22HOUSE_BILL_89_VERIFICATION.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/c710f55a-94d1-4c76-9283-076e75335e0b_SENATE_BILL_13_VERIFICATION.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=wEZn74xutZxcbqGS2KODVzit8tU%3D&response-content-disposition=attachment%3B%20filename%3D%22SENATE_BILL_13_VERIFICATION.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/d9b61aad-d5e5-43dd-9c94-7b21dba5c8bf_SENATE_BILL_19_VERIFICATION.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=92jIU9WtR2tgg9n58d1Yhn69SnY%3D&response-content-disposition=attachment%3B%20filename%3D%22SENATE_BILL_19_VERIFICATION.pdf%22

CONFLICT OF INTEREST

CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form

CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the City of Edinburg not later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

For more information or to obtain Questionnaire CIQ go to the Texas Ethics Commission web page at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

*Response required

5.4.8. If awarded the 1295 form will need to be provided*

CERTIFICATE OF INTERESTED PARTIES (Form 1295)

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the

Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. For more information go to the Texas

Ethics Commission web page at https://www.ethics.state.tx.us/filinginfo/1295/

☐ Yes

☐ No

*Response required

5.5. ARPA Required Certifications

5.5.1. Please fill out and sign the System for Award Management Unique Identity

Number (UEI#) for and upload.* Please download the below documents, complete, and upload.

• SAM_Registration_and_Activa...

*Response required https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://www.ethics.state.tx.us/filinginfo/1295/ https://government-project.s3.us-west-2.amazonaws.com/48256/ab78ffb8-9310-43a4-9e26-c7b8cbf26879_SAM_Registration_and_Activation.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=VeILbnX9o6Wj%2Firdg6TdT%2FXsDP4%3D&response-content-disposition=attachment%3B%20filename%3D%22SAM_Registration_and_Activation.pdf%22

5.5.2. Please fill out and sign the Conflict of Interest Summary of Rules for Respondents and upload here.*

Please download the below documents, complete, and upload.

• Conflict_of_Interest_Form.pdf

*Response required

5.5.3. Please fill out and sign the Certification of Bidder Regarding Equal Employment Opportunity and upload here.*

Please download the below documents, complete, and upload.

• Certification_of_Bidder_Reg...

*Response required

5.5.4. Please fill out and sign the Certification of Subcontractor Regarding Equal Employment Opportunity (if applicable) and upload here.

Please download the below documents, complete, and upload.

• Equal_Opportunity_Employer-...

5.5.5. Please fill out and sign the Certification of Clean Air and Water and upload here.*

Please download the below documents, complete, and upload.

• Clean_Air_and_Water.pdf

*Response required

5.5.6. Please fill out and sign the Certification Regarding Non-Lobbying Activities and upload here.*

Please download the below documents, complete, and upload.

• Non-Lobbying_Activities.pdf

*Response required

5.5.7. Please fill out and sign the Non-Collusion Affidavit and upload here.* Please download the below documents, complete, and upload.

• Non-Collusion_Affidavit.pdf

*Response required

5.6. Deliverables

5.6.1. The final deliverable will be a report (seven (7) hard copies and one (1) electronic copy in pdf format) that the Consultant will present to City Council and the required committees.*

The report must have at least the following, but not limited to:

https://government-project.s3.us-west-2.amazonaws.com/53311/87ce0002-2fa3-4a7f-95c3-24b7551b0e34_Conflict_of_Interest_Form.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=ZESqwHVwU%2F7xJkNLwTrggHG6sZc%3D&response-content-disposition=attachment%3B%20filename%3D%22Conflict_of_Interest_Form.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/53311/b07453ab-1d28-48c2-a102-961635f55628_Certification_of_Bidder_Regarding_Equal_Employment_Opportunity.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=Sifqkn5tJpO%2BxRyPk8f%2F5FmP4i4%3D&response-content-disposition=attachment%3B%20filename%3D%22Certification_of_Bidder_Regarding_Equal_Employment_Opportunity.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/48256/34740299-23c0-4d82-98ca-806490fda21a_Equal_Opportunity_Employer-Subcontractor.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=zPyGvGiBk8Lc7O4%2F6oiHqlGjAeY%3D&response-content-disposition=attachment%3B%20filename%3D%22Equal_Opportunity_Employer-Subcontractor.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/48256/50075913-873a-47a1-ad5a-04acddd8f69b_Clean_Air_and_Water.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=q%2F0qR8sfBkwh%2B2VjvnXrPFxq1UQ%3D&response-content-disposition=attachment%3B%20filename%3D%22Clean_Air_and_Water.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/48256/f0b90f11-1038-46c9-8c35-9dbc7e6eee8f_Non-Lobbying_Activities.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=OhkbQZ4clpTXI4LmMCU1kGyXkTM%3D&response-content-disposition=attachment%3B%20filename%3D%22Non-Lobbying_Activities.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/48256/f57cb815-59c7-452a-8118-3ca58398203a_Non-Collusion_Affidavit.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1689857055&Signature=5tsuVG01XNkLV8%2FaExnHn1%2B%2BWzo%3D&response-content-disposition=attachment%3B%20filename%3D%22Non-Collusion_Affidavit.pdf%22

A. Project out operational & capital improvement project costs over the next ten (10) years.

B. Provide annual revenues necessary to cover such costs over the next ten (10) years

C. Propose utility rates and connection fees.

☐ Please confirm

*Response required

6. PRICING PROPOSAL

UTILITY RATE AND CONNECTION FEE STUDY

Line Item Description Quantity Unit of Measure Unit Cost Total

1.) Conduct a comprehensive

Utility (Water &

Sewer) Rate and

Connection (tap)

Fee Study.

1 LS

TOTAL

7. EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

1. 1. Proposer’s itemized and total proposed price

SAMPLE: Utilizing the 80% Spread

Formula

Contractor Price Points

Offeror No. 01 $50,000.00 50.0

Offeror No. 02 $75,000.00 46.67

Offeror No. 03 $100,000.00 43.33

Offeror No. 04 $125,000.00 40.0

70% spread: 50 x 70% = 35.0 points Results: 15 points spread

75% spread: 50 x 75% = 37.5 points Results: 12.5 points spread

80% spread: 50 x 80% = 40.0 points Results: 10 points spread

85% spread: 50 x 85% = 42.5 points Results: 7.5 points spread

90% spread: 50 x 90% = 45.0 points Results: 5 points spread

95% spread: 50 x 95% = 47.5 points Results: 2.5 points spread

If the committee decided to utilize the

90% spread formula, Offeror No. 04 is only 4 points away from Offeror No. 1.

The committee may feel that a 4-point difference is too close, and is unfair to the lowest price offeror. A 70% spread, or 12-point difference, may be too far spread out and may be considered unfair to the highest price offer.

Especially since the prices are not too far apart on a $50 Thousand Dollar

Points Based 50

(50% of Total) project. The point spread could be very different on a $300,000.00 project budget versus a $30 million project budget.

After the percentage spread is agreed upon, in this case, the 80% formula, the lowest offeror gets the maximum of 50 points and the highest offeror gets 40 points. Everyone else in the middle will get their points scored proportionately

(extrapolated). This is the scoring system that will be utilized by the ranking committee on the price category for all projects. The point system will vary from project to project depending on the project budget ranges, on the number of offers submitted, and on the price spread differences between all offerors.

2. 2. Experience

Demonstrated prior experience with similar projects. Include the last 10 completed projects matching this RFP or the last 5 years of similar completed, whichever does not exceed 10 projects.

Provide the original project start date, original substantial completion date, and actual substantial completion date.

Provide owner’s representative (name and phone number), and any justification for project delays.

Points Based 20

(20% of Total)

3. 3. Years in Business (As a company)

• More than 20 years (5 points total)

• 15-20 years (4 points total)

• 10-15 years (3 points total)

• 5-10 years (2 points total)

• Less than 5 years (1 point total)

Points Based 5

(5% of Total)

4. 4. Resumes of Team

Resumes of the team that will be working on the project, if awarded.

Points Based 5

(5% of Total)

5. 5. Three (3) Positive Reference Letters

Three (3) Positive Reference Letters from successful similar projects

Points Based 10

(10% of Total)

6. 6. Five (5) Past performance evaluation forms from previous owners of completed

See attached required field.

Points Based 10

(10% of Total)