REQUEST FOR QUALIFICATIONS FOR: On-Call Transportation Engineering, Traffic Operations, ITS, Traffic Safety, and Multimodal

Design Professional Services

RFQ#: 002-27-EPW-RFQ

RFQ CLOSING DATE: Wednesday, November 4, 2026

RFQ CLOSING TIME: 3:00 P.M CT

City of Brownsville, Texas Procurement Department Solicitation No. 002-27-EPW-RFQ

Table of Contents

1 GENERAL INFORMATION

1.1 PROCUREMENT AUTHORITY AND METHOD

1.2 INVITATION SUMMARY

1.3 LEGAL ADVERTISEMENT NOTICE

1.4 CALENDAR OF EVENTS

1.5 PROJECT OVERVIEW

1.6 CONTRACT TERM

1.7 AWARD OF RFQ

1.8 POINT OF CONTACT

1.9 UNAUTHORIZED COMMUNICATION

1.10 SUBMISSION OF CLARIFICATIONS OR CHANGES

1.11 SUBMISSION OF QUALIFICATIONS

1.12 FUNDING NOTICE

1.13 EQUAL EMPLOYMENT OPPORTUNITY

2 SCOPE OF WORK

2.1 PROJECT DESCRIPTION:

2.2 GENERAL SCOPE OF SERVICES

2.3 MINIMUM QUALIFICATIONS

2.4 CITY RESPONSIBILITIES

2.5 PERFORMANCE REQUIREMENTS

2.6 REFERENCE TO TECHNICAL DOCUMENTS

3 PROPOSAL INSTRUCTIONS

3.1 GENERAL REQUIREMENTS

3.2 SOQ FORMAT AND ORGANIZATION

3.3 WITHDRAWAL/MODIFICATION OF RESPONSE PRIOR TO DEADLINE

3.4 CONFIDENTIALITY / TEXAS PUBLIC INFORMATION ACT

4 EVALUATION AND AWARD

4.1 GENERAL EVALUATION APPROACH

4.2 EVALUATION COMMITTEE

4.3 STEPS IN THE EVALUATION PROCESS

4.4 EVALUATION CRITERIA AND SCORING

4.5 ORAL INTERVIEWS, PRESENTATIONS, AND NEGOTIATIONS

4.6 BASIS OF AWARD

4.7 SINGLE SOQ

5 TERMS AND CONDITIONS

5.1 STANDARD TERMS AND CONDITIONS REFERENCE (EXHIBIT A)

5.2 SOQ VALIDITY / FIRM OFFER PERIOD

5.3 POST-AWARD FEE ADJUSTMENTS (IF APPLICABLE)

5.4 AVAILABILITY OF FUNDS / NON-APPROPRIATION

5.5 TERMINATION BY THE CITY

5.6 INDEMNIFICATION

5.7 INSURANCE REQUIREMENTS

5.8 PROTEST PROCEDURES

5.9 RESTRICTIONS ON LOBBYING & POLITICAL CONTRIBUTIONS

5.10 CONFLICT OF INTEREST DISCLOSURES

5.11 STATE AND FEDERAL CERTIFICATIONS (AS APPLICABLE)

5.12 PUBLIC INFORMATION ACT & CONFIDENTIALITY

5.13 GOVERNING LAW & VENUE

5.14 INDEPENDENT CONTRACTOR STATUS

5.15 RESERVATION OF RIGHTS

5.16 DRUG-FREE WORKPLACE

6 EXHIBIT “A” - STANDARD PURCHASING TERMS AND CONDITIONS

1 General Information

1.1 Procurement Authority and Method

This Request for Qualifications is issued pursuant to Texas Government Code Chapter 2254, where applicable, and applicable City procurement policies. Selection will be based on demonstrated competence and qualifications. Cost information shall not be submitted or considered during the initial evaluation.

1.2 Invitation Summary

The City of Brownsville (the “City”) is soliciting Statements of Qualifications (SOQs) from experienced and qualified firms to provide the professional services described in this Request for Qualifications (RFQ).

Selection will be based on demonstrated competence and qualifications to perform the required services.

This procurement will follow all applicable local, state, and federal regulations governing qualifications-based selection, including compliance with Texas Government Code Chapter 2254, where applicable.

For questions or assistance, please contact the designated Buyer listed in Section 1.4 (Point of Contact).

1.3 Legal Advertisement Notice

* B/P/Q (Bid/Proposal/Qualifications)

Sealed bids/proposals must be submitted electronically via the City’s Bonfire portal, at City of Brownsville (bonfirehub.com)

Copies of the bid documents consisting of detailed specifications, general requirements or other information may be obtained at http://www.brownsvilletx.gov City of Brownsville (bonfirehub.com)

Interested Bidders/Proposers are invited to attend the Bid/Proposal opening Virtually on the dates specified.

Presence is not mandatory. Specifications may also be viewed and downloaded at: City of Brownsville (bonfirehub.com)

Description NUMBER Pre-Proposal Meeting OPENING

REQUEST FOR

QUALIFICATIONS FOR:

Transportation Engineering, Traffic Operations, ITS, Traffic Safety, and Multimodal Design

Professional Services

*Q

002-27-EPW-RFQ

Tuesday, October 13, 2026 @ 10:00

A.M CT

TEAMS VIRTUAL MEETING

Wednesday, November 4, 2026 @

3:00 P.M CT

TEAMS VIRTUAL MEETING

https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities http://www.brownsvilletx.gov/ https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities

1.4 Calendar of Events

Release Date Saturday, October 3, 2026 Pre-Proposal Meeting Tuesday, October 13, 2026 at 10:00 A.M.

The Pre-Proposal meeting is open to the public. Pre- Proposal meeting participants may attend via Microsoft Teams (link below).

Microsoft Teams Link:

https://teams.microsoft.com/meet/2982201 4403300?p=mNzQYg1unF7PwwFRwm

Meeting ID: 298 220 144 033 00 Passcode: iH3ft9vC

Questions Due Date Monday, October 19, 2026 at 3:00 P.M Addenda Issue Date Friday, October 23, 2026 at 5:00 P.M SOQ Closing Date Wednesday, November 4, 2026 at 3:00 P.M SOQ Opening Date Wednesday, November 4, 2026 at 3:00 P.M

The SOQ Opening meeting is open to the public.

SOQ Opening meeting participants may attend via Microsoft Teams (link below).

Microsoft Teams Link:

https://teams.microsoft.com/meet/22186957 1451853?p=UJjTa0IYJxlQ01ckzG

Meeting ID: 221 869 571 451 853 Passcode: c52iV9Kj

Evaluation Period Wednesday, November 25, 2026 Interviews (If Applicable) Tentative Negotiations/ Selection Tentative https://teams.microsoft.com/meet/2982201%204403300?p=mNzQYg1unF7PwwFRwm https://teams.microsoft.com/meet/2982201%204403300?p=mNzQYg1unF7PwwFRwm https://teams.microsoft.com/meet/22186957%201451853?p=UJjTa0IYJxlQ01ckzG https://teams.microsoft.com/meet/22186957%201451853?p=UJjTa0IYJxlQ01ckzG

1.5 Project Overview

The purpose of this RFQ is to identify and select the most qualified firm(s) to provide On-Call Traffic Engineering, Intelligent Transportation Systems (ITS), and Transportation Planning Professional Services. This is a qualifications-based solicitation; cost proposals are not to be submitted and will not be considered as part of the evaluation process.

1.6 Contract Term

The initial term of the agreement resulting from this RFQ shall commence upon approval by the City Commission or its designee and shall be for a period of three (3) years, unless terminated earlier in accordance with the contract provisions. The City reserves the right to renew the contract for two (2) additional one-year periods, subject to mutual agreement and availability of funds. Final contract execution is subject to the availability of funds.

1.7 Award of RFQ

The City of Brownsville intends to award up to seven (7) of the most qualified Respondents to establish a pool of qualified firms for future Task Orders or project assignments. The City reserves the right to award fewer than seven (7) contracts if determined to be in the best interest of the City.

Selection shall be based on demonstrated competence and qualifications in accordance with Texas Government Code Chapter 2254, where applicable. If multiple awards are made, the City may assign work at its sole discretion based on project scope, availability, expertise, and the best interest of the City.

The City further reserves the right to reject any or all submittals, waive informalities, or re-advertise the RFQ.

1.8 Point of Contact

For information regarding bidding procedures contact Ms. Jaydy Valdez, Buyer or Mr. Damian Espinoza, Procurement Director, via Bonfire or email at purchasing@brownsvilletx.gov

1.9 Unauthorized Communication

Any oral communications are considered unofficial and non-binding with regard to this RFQ. After the release of this solicitation, Respondent(s) are prohibited from contacting or communicating with any City officer, employee, or representative regarding this RFQ other than (i) the point of contact designated herein. No officer, employee, agent, or representative of the Respondents(s) shall, directly or indirectly through others, have any contact or discussion, oral or written, with any members of the City Commission; members of the RFQ evaluation, interview, or selection panels; City staff or City’s consultants, or seek to influence any City Commission Member, RFQ evaluator, City staff, or City’s consultants regarding any matters pertaining to this solicitation, except as expressly provided herein. IF A REPRESENTATIVE OF ANY PROPOSING

COMPANY VIOLATES THE FOREGOING PROHIBITION BY CONTACTING ANY OF THE

ABOVE-LISTED PARTIES WITH WHOM CONTACT IS NOT AUTHORIZED, SUCH CONTACT

https://brownsvilletx.bonfirehub.com/ mailto:purchasing@brownsvilletx.gov

MAY RESULT IN THE PROPOSER BEING DISQUALIFIED FROM THE IFB/RFP/RFQ/OR ANY

OTHER PROCUREMENT RELATED PROCESS.

1.10 Submission of Clarifications or Changes

All requests for clarifications must be submitted in Bonfire no later than the date specified in the Calendar of Events.

1.11 Submission of Qualifications

Respondents are responsible for ensuring their SOQ is complete and submitted in a timely manner. SOQs received after the deadline will not be opened, evaluated, or considered, regardless of circumstances

SOQs may not be withdrawn for a period of ninety (90) calendar days following the submission deadline. The City of Brownsville will evaluate SOQs strictly on the basis of qualifications. Cost terms will only be considered during contract negotiations with the most qualified Respondent.

1.12 Funding Notice

The resulting agreement may be utilized for projects funded through various funding sources. Local funds may be used for work performed under this agreement and shall comply with all applicable local and state procurement laws, regulations, policies, and City requirements. For individual Task Orders utilizing federal or state funding, or otherwise subject to federal or state funding requirements, the Consultant shall comply with all applicable requirements associated with the applicable funding source and project, including, as applicable, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; Federal Highway Administration (FHWA) requirements, including 23 C.F.R. Part 172; Texas Department of Transportation (TxDOT) requirements; and all other applicable federal and state laws, regulations, policies, and funding requirements. Applicable funding requirements, special provisions, and compliance obligations shall be identified on a Task Order basis based on the funding source and nature of the specific project.

1.13 Equal Employment Opportunity

The City of Brownsville is an Affirmative Action/Equal Opportunity Employer. Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and Labor Surplus Area firms are encouraged to submit proposals.

2 Scope of Work

2.1 Project Description:

It is the intent of the City of Brownsville, Texas, to establish a Master Service Agreement (MSA) for on-call professional engineering services agreements with qualified consulting firms to provide Traffic Engineering, Intelligent Transportation Systems (ITS), and Transportation Planning Professional Services. The City is issuing this Request for Qualifications (RFQ) to solicit Statements of Qualifications (SOQs) from firms with demonstrated experience in the planning, analysis, design, permitting, implementation, and construction support of transportation infrastructure projects. The selected firm will be expected to provide services in accordance with the requirements of this RFQ and applicable laws, regulations, and standards.

2.2 General Scope of Services

The selected consultant(s) will provide professional services through individual task orders issued by the City as needed. Services may include, but are not limited to:

• Engineering Services.

• Geo Tech Lab Services.

• Traffic engineering studies and operational analyses

• Traffic signal warrants, design, timing, and optimization

• Traffic data collection and traffic counts

• Speed studies and roadway safety analyses

• School zone evaluations and design

• Sidewalk, ADA, and multimodal transportation design

• ITS planning, design, and integration

• Traffic Management Center (TMC) planning and design

• Electrical engineering for traffic signals, street lighting, and ITS infrastructure

• Subsurface Utility Engineering (SUE)

• Environmental documentation and TxDOT/FHWA compliance (TxDOT National Environmental Policy

Act (NEPA) Services.

• American with Disabilities Act (ADA) Compliance Services

• Preparation of plans, specifications, and estimates (PS&E)

• Construction administration and engineering support (Project Management and Construction)

• Grant application support and transportation planning services

The selected consultant(s) shall provide professional engineering services on an as-needed basis for transportation-related projects, including but not limited to traffic engineering studies, traffic signal design, transportation planning, Intelligent Transportation Systems (ITS), roadway safety improvements, multimodal transportation facilities, electrical engineering, surveying coordination, environmental compliance, and construction support.

All engineering services, reports, plans, specifications, and deliverables shall be prepared in accordance with applicable federal, state, and local regulations, including the standards, manuals, and guidelines of the City of Brownsville, the Texas Department of Transportation (TxDOT), the Federal Highway Administration (FHWA), the Manual on Uniform Traffic Control Devices (MUTCD), the Texas MUTCD (TxMUTCD), the Americans with Disabilities Act (ADA), and other applicable engineering standards.

2.3 Minimum Qualifications

Each Respondent must provide information demonstrating that it is qualified to perform the services described in the Scope of Work. Proposers must demonstrate their capability to deliver the required services, manage the project effectively, and ensure successful completion in compliance with applicable laws and standards. At a minimum, Proposers must demonstrate the following qualifications:

Respondents shall complete Form 10 – Minimum Qualifications Requirement Form and provide all supporting information and documentation requested therein. Respondents must meet the minimum qualifications to be considered for further evaluation. These requirements will be reviewed by Procurement on a pass/fail basis. Only Respondents verified as meeting the applicable minimum qualifications will advance to evaluation under Section 4.

1. Licensing and Authority: Authorized to conduct business in Texas; hold all required professional and engineering licenses/certifications. Must hold all licenses, certifications, and registrations required by federal, state, and local law to perform the scope of work described in this solicitation.

• Respondents offering engineering services must hold an active engineering firm registration with the

Texas Board of Professional Engineers and Land Surveyors (TBPELS). Respondents shall provide the firm's registered name and TBPELS Engineering Firm Registration Number (F-Number).

The City reserves the right to verify the firm's registration and active status through the TBPELS Engineering Firm Roster.

2. Professional Licensure: Respondents offering engineering services must identify a Texas-licensed Professional Engineer responsible for those services. The individual must hold a current and active Professional Engineer license issued by the Texas Board of Professional Engineers and Land Surveyors (TBPELS). Respondents shall provide the individual’s name and active Texas PE license number.

Review under this requirement is limited to verification of licensure; personnel experience and qualifications will be evaluated under Section 4.

3. Relevant Project Experience: The Respondent must demonstrate at least five (5) years of relevant experience performing services identified in Section 2.2. The Respondent must have completed services on at least three (3) qualifying projects or individual task orders within the five (5) years preceding the SOQ submission deadline. Respondents shall identify years of experience and qualifying projects/ task orders and provide the requested project information on Form 10. Experience submitted to satisfy this minimum requirement must be attributable to the Respondent. Experience of individual personnel gained while employed by previous employers may be submitted for evaluation under Section 4 but shall not be used to satisfy this minimum requirement.

• For purposes of determining compliance with this minimum qualification, the City will verify whether the Respondent has demonstrated the required years of experience and the minimum number of qualifying projects or task orders. The relevance, quality, and strength of the Respondent's project experience, including information obtained through references, will be evaluated by the Evaluation Committee in accordance with the evaluation criteria established in Section 4.

4. Insurance: Respondents must demonstrate the ability to meet the insurance requirements identified in Section 5.7 if awarded. Respondents shall provide a sample or specimen ACORD Certificate of Liability Insurance (for informational purposes only) evidencing current insurance coverage, or a letter from the Respondent's insurance agent or broker confirming the Respondent's ability to obtain and maintain the required coverage and limits if awarded.

• Submission of the sample/specimen certificate or insurance letter is for minimum qualification purposes only. The successful Respondent shall provide the required Certificate of Insurance and endorsements in accordance with Section 5.7 prior to contract execution.

5. Financial and Legal Standing: Not debarred, suspended, or in default on any contract with the City.

The Respondent must not be subject to a debarment, suspension, or other exclusion that prohibits participation in the resulting contract. The City reserves the right to verify the Respondent’s debarment, suspension, and exclusion status through the System for Award Management (SAM.gov).

2.4 City Responsibilities

The City of Brownsville will provide:

• Access to relevant data, studies, reports, and background information necessary for project execution.

• Disclosure of Funding Source for compliance with applicable City, Federal, or State laws.

• A designated City Project Manager as the primary point of contact.

• Coordination with internal departments, external stakeholders, and regulatory agencies as required.

• Review of deliverables and timely feedback to facilitate progress.

2.5 Performance Requirements

The successful proposer must comply with the following performance requirements, as applicable to the project:

• Timely delivery of goods or completion of services/construction within the project schedule.

• Compliance with all applicable federal, state, and local codes, standards, and regulations.

• Quality assurance and warranty provisions as specified (when applicable).

• Coordination with City staff and other contractors as necessary

2.6 Reference to Technical Documents

The following technical documents are incorporated by reference and provided as separate files in the City’s Bonfire procurement portal at https://brownsvilletx.bonfirehub.com. Proposers are responsible for reviewing these documents in their entirety prior to submission. Failure to acknowledge or comply with the requirements set forth in these documents may result in disqualification.

• Sample Task Order

3 Proposal Instructions

3.1 General Requirements

All responses must be submitted electronically through the City’s Bonfire portal at https://brownsvilletx.bonfirehub.com no later than the date and time specified in Section 1 (General Information). Responses received after the deadline will not be opened or considered.

Responses must be complete, organized, and signed by an officer or other authorized representative of the firm.

Any costs incurred in preparing or submitting a response are the sole responsibility of the Respondent.

Respondents shall not include pricing, fee schedules, or any other cost-related information in their RFQ submission. Any inclusion of cost information may result in disqualification. The City will request cost and fee proposals separately during the negotiation phase in accordance with Texas Government Code Chapter 2254.

3.2 SOQ Format and Organization

Responses shall be organized into the following chapters. Each chapter should be clearly labeled, and responses should be complete and concise.

Once submitted, proposals become the property of the City and will not be returned. Responses must be signed by a duly authorized official of the firm or by an authorized agent with written proof of authority. Responses that fail to follow the required format or omit requested information may be deemed non-responsive and excluded from further evaluation. Responses transmitted by telegraph, facsimile, or other non-approved electronic means will not be considered. Responses may not be withdrawn after the closing deadline, except as permitted by law. The City of Brownsville reserves the right to reject any and all responses, to waive informalities or irregularities in the best interest of the City, and to rely on information contained in the response, obtained from references, or secured through other sources as part of its evaluation. Conditional or incomplete proposals may be rejected at the City’s sole discretion. At the sole discretion of the City, the events and dates listed in this solicitation are subject to change or cancellation, with notice provided through addenda posted on the Bonfire portal. The contents of the response will become part of the resulting contract; therefore, Respondents should ensure that all information is accurate, complete, and free of conditions that might limit the City’s rights.

Chapter 1 – Cover Letter

• Signed by an authorized representative, confirming the Proposer’s intent to provide services in accordance with this RFQ.

• Identify the primary point of contact for the proposal.

Chapter 2 – Experience, Qualifications, and Past Performance

• Company history, years in business, and areas of expertise.

https://brownsvilletx.bonfirehub.com/

• Demonstrated firm experience and technical qualifications performing services identified in the Scope including, as applicable, traffic engineering, traffic signal operations and design, Intelligent Transportation Systems (ITS), transportation planning, and related engineering services.

• Experience performing projects with applicable Texas Department of Transportation (TxDOT) and Federal Highway Administration (FHWA) requirements, standards, specifications, and procedures.

• Relevant experience with projects of similar size and scope within the last three (3) years. Provide at least three (3) references for comparable projects (include client name, project title, year completed, and contact information).

• For comparable projects, describe the firm’s past performance, including quality of deliverables, adherence to project schedules, client communication, and resolution of project issues as applicable.

• Disclosure of any litigation or default history within the last ten (10) years.

Chapter 3 – Staffing and Key Personnel

• Organizational chart showing proposed Project Manager/Lead Professional, key personnel, and reporting structure. Clearly identify each team member’s role and responsibilities.

• Résumés of the Project Manager/Lead Professional and other key staff including relevant qualifications, professional licenses/certifications, technical expertise, and experience related to the services identified in the Scope.

• Describe the availability and capacity of the proposed team to perform services including current workload and availability of key personnel.

• Describe the firm’s ability to respond to task orders, manage multiple or concurrent assignments, and complete assigned services within agreed-upon schedules.

• Identification of subcontractors (if any) and their role in the project.

Chapter 4 – Project Methodology and Technical Approach

• Provide a narrative demonstrating the Respondent’s understanding of the Scope of Work and proposed approach to accomplishing the services.

• Describe the proposed methodology and approach for completing individual task orders, including development and delivery of accurate and timely deliverables.

• Describe approach of coordination among project disciplines, City departments, agencies, stakeholders, and other parties, as applicable.

• Describe the Respondent’s approach to project and schedule management, including methods for managing task-order schedules, milestones, and deadlines.

• Describe quality assurance and quality control (QA/QC) procedures for reviewing work products and ensuring the accuracy, completeness, and consistency of deliverables.

Chapter 5 – Required Forms and Certifications Respondents shall submit all City-Issued Forms and Vendor-Produced Documentation identified below with their SOQ. Failure to complete and submit required forms or documentation may result in the SOQ being deemed non-responsive. The Federal Compliance Documentation identified in this Chapter is optional at the time of SOQ submission and is not required for consideration or selection under the resulting on-call agreement.

• City-Issued Forms (Required) The following forms are provided as separate attachments on the City’s Bonfire procurement portal and must be completed and returned with the proposal:

o Form 1 – Proposal Acknowledgment & Authorized Contact Info o Form 2 - Statement Of Conflicts Of Interest o Form 3 - Texas Ethics Commission Certificate of Interested Parties (Form 1295) o Form 4 – Respondent’s Statement of Organization o Form 5 – Non-Collusion Affidavit o Form 6 – Litigation Disclosure o Form 7 – Disclosure of Interest o Form 8 - References o Form 9 – Proposed Deviations o Form 10– Minimum Qualifications Requirement

• Vendor-Produced Documentation (Required)

In addition to the City forms, respondents are responsible for providing certain documents that are not prepared or issued by the City. These must be completed by the vendor and uploaded in Bonfire with the proposal response in addition to City-issued forms. Proposers must submit the following documents prepared by the Proposer:

o Certificate of Insurance: Sample or specimen ACORD Certificate of Liability Insurance (for informational purposes only) evidencing current insurance coverage, or a letter from the Respondent's insurance agent or broker confirming the Respondent's ability to obtain and maintain the required coverage and limits as stated in section 5.7 o Any additional documents specifically requested in this RFQ.

• Federal Compliance Documentation (Optional): Respondents that do not submit the optional Federal Compliance Documentation with their SOQ will be required to provide the applicable documentation and demonstrate compliance with all funding requirements prior to assignment of a federally funded Task Order.

o Form 11 - Federal Clauses Certification Form o Form 12 – System for Award Management (SAM.GOV) Record Search o Tx-DOT Professional Engineering Procurement Services (PEPS) precertification:

Respondents may submit documentation of current TxDOT precertification in the applicable work categories.

3.3 Withdrawal/Modification of Response Prior to Deadline

Responses may be withdrawn or modified at any time prior to the submission deadline through the City’s Bonfire portal. After the deadline, no changes, additions, or withdrawals will be permitted.

3.4 Confidentiality / Texas Public Information Act

All documents submitted in response to this solicitation are subject to the Texas Public Information Act (Texas Government Code Chapter 552). Proposers must clearly mark any portion of their submission that they consider confidential, proprietary, or trade secret.

The City will honor such designations to the extent allowed by law; however, the final determination of whether such information may be withheld rests with the Texas Attorney General or a court of competent jurisdiction.

4 Evaluation and Award

4.1 General Evaluation Approach

Statements of Qualifications (SOQs) will be evaluated to determine which Respondent(s) offer the highest overall qualifications to the City, consistent with the evaluation factors identified in this RFQ. Evaluations will be conducted in a fair, impartial, and transparent manner, in compliance with applicable local, state, and federal laws and regulations, including Texas Government Code Chapter 2254 (Professional Services Procurement Act), where applicable. Final award and contract execution are subject to approval by the Brownsville City Commission.

4.2 Evaluation Committee

All SOQs will be evaluated by an Evaluation Committee composed of City staff and/or subject matter experts.

The Committee may consult with other City representatives, legal counsel, or outside advisors as needed.

4.3 Steps in the Evaluation Process

• Step 1 – Compliance/Minimum Qualifications Review SOQs will undergo an initial screening to confirm that they meet the mandatory submission requirements outlined in this RFQ. SOQs failing to meet these requirements may be deemed non-responsive and excluded from further consideration. After a compliance review is done, a minimum qualifications review will be initiated. Only SOQs that meet the minimum qualifications set forth in Section 2.3 will be advanced to detailed evaluation. Failure to meet minimum qualifications, or failure to provide sufficient supporting documentation, will result in disqualification.

• Step 2 – Review and Scoring of Technical Criteria Responsive proposals will be evaluated on technical merit, which may include:

o Understanding of the project requirements and scope.

o Methodology, approach, and work plan.

o Qualifications, abilities, and reputation of the Proposer.

o Experience of key personnel and project team.

o Past performance and references.

o Financial and litigation history.

• Step 3 – Shortlisting (Competitive Range) Based on initial evaluations, the Committee may identify a shortlist of the most highly qualified Respondents. Shortlisted firms may be invited to participate in oral interviews, presentations, or clarifications.

• Step 4 – Oral Interviews / Presentations (if applicable) Shortlisted Respondents may present their qualifications, project understanding, and approach. Scores may be adjusted based on interview results, provided adjustments are tied directly to the published evaluation criteria.

• Step 5 – Request for Pricing & Negotiations Following completion of qualifications evaluations and oral interviews (if conducted), the City will request a detailed fee proposal from the highest-ranked Respondent. Negotiations will then be conducted in accordance with Texas Government Code Chapter 2254, where applicable, to establish a fair and reasonable price.

If the City is unable to reach an agreement with the highest-ranked Respondent, negotiations may be terminated, and the City may initiate negotiations with the next most qualified Respondent, continuing in this manner until an agreement is reached or the City elects to cancel the procurement.

• Step 6 – Recommendation and Award The Evaluation Committee will prepare a recommendation to the City Commission. The Commission, at its sole discretion, will make the final award decision. The City reserves the right to reject any or all SOQs, waive minor informalities, and award in whole, in part, or not at all.

4.4 Evaluation Criteria and Scoring

Criteria What the City would evaluate Points

Relevant Firm Experience and Technical Qualifications

Demonstrated experience performing services identified in the scope, including traffic engineering, signal operations and design, ITS, transportation planning, and related engineering services. Relevance and complexity of comparable projects, including experience with applicable TxDOT/FHWA requirements and standards.

Project Team and Key Personnel

Relevant qualifications, licenses, and experience of the proposed Project Manager, key staff, and subconsultants. Clear assignment of responsibilities and appropriate technical expertise for the services proposed.

Technical Approach and Quality Management

Understanding of the scope and strength of the proposed approach to completing task orders, coordinating disciplines and agencies, managing schedules, and producing accurate deliverables. Effectiveness of quality assurance and quality control procedures.

Availability and Capacity

Availability of the proposed team, current workload, and demonstrated ability to respond to task orders and manage concurrent assignments within agreed schedules.

Past Performance and References

Evidence of successful performance on comparable assignments, including quality of deliverables, schedule adherence, communication, and resolution of project issues, as supported by project descriptions and references.

TxDOT PEPS Precertification

Demonstration of proposed personnel holding current Texas Department of Transportation (TxDOT) Professional Engineering Procurement Services (PEPS) precertification in work categories applicable to the Scope of Services.

Total

Professional Engineering Procurement Services (PEPS) Precertification – 5 Points

Five (5) points will be awarded to Respondents that demonstrate current TxDOT PEPS precertification in the applicable work categories identified in this solicitation. Respondents seeking points under this criterion must submit documentation demonstrating current precertification through Bonfire, as specified in Chapter 5.

Submission of PEPS precertification is optional and is not required for selection under the on-call agreement or for future consideration for TxDOT-related Task Orders. However, prior to assignment of a Task Order requiring TxDOT precertification, the selected Consultant or applicable subconsultant must provide proof of their current precertification.

4.5 Oral Interviews, Presentations, and Negotiations

As part of the evaluation process, the City may invite shortlisted Respondents to participate in oral interviews, presentations, or demonstrations. These sessions are intended to clarify responses, confirm the Respondent’s ability to meet project requirements, and provide evaluators with additional insight into the qualifications, methodology, staffing, and technical approach of each Proposer. The Evaluation Committee may adjust scores based on interview results; however, adjustments must be tied to the evaluation criteria in Section 4.4.

Interviews should not introduce new evaluation criteria beyond those identified in this RFQ.

4.6 Basis of Award

The City may award a contract in whole, in part, or by grouping of services, if such action is determined to be in the City’s best interest. The City also reserves the right to make multiple awards when such possibility is stated in this RFQ and when consistent with applicable laws and funding requirements.

The City intends to award contracts to multiple-qualified firms as a result of this RFQ and establish a pre-qualified pool of consultants to provide Traffic Engineering, Intelligent Transportation Systems (ITS), and Transportation Planning Professional Services on an as-needed basis.

Selection for the pre-qualified pool does not guarantee the award of any work, minimum contract amount, or specific number of assignments.

Project assignments will be based on consultant's qualifications, relevant project experience, technical expertise, availability, workload, and the specific requirements of the assigned project. City Departments will utilize the pre-qualified consultant pool to obtain services for individual projects through task orders. Services will be authorized through individual task orders for project assignments issued by the City. Each task order will define the scope, schedule, and funding source. Compensation must follow the Master Service Agreement that results from this RFQ.

For projects funded or administered by TxDOT or other state or federal agencies, consultants and assigned personnel must possess all licenses, certifications, qualifications, training, and approvals required by the applicable agency at the time of project assignment. For assignments requiring TxDOT PEPS precertification, the Consultant or applicable subconsultant must submit proof of current Professional Engineering Procurement Services (PEPS) precertification in the applicable work categories prior to

Task Order assignment. The City reserves the right to assign projects in a manner that best serves the interests of the City and complies with applicable funding and project requirements. The City will verify submitted precertification against applicable TxDOT requirements and confirm that the assigned firm and personnel meet the qualifications and approvals required for the assignment prior to authorization of the applicable Task Order.

4.7 Single SOQ

In the event that only one SOQ is received, the City will evaluate the submission in accordance with the published evaluation criteria to determine whether it represents best value to the City. The City may also conduct a qualifications and capacity analysis to determine whether the submission is fair and reasonable. Based on this review, the City may make an award, negotiate with the Respondent, or reject the SOQ and re-advertise the solicitation.

5 Terms and Conditions

5.1 Standard Terms and Conditions Reference (Exhibit A)

The City of Brownsville’s Standard Purchasing Terms and Conditions (Exhibit A) are incorporated herein by reference and shall govern all resulting contracts unless expressly modified by this solicitation. By submitting a bid, the bidder acknowledges receipt and acceptance of Exhibit A.

5.2 SOQ Validity / Firm Offer Period

A Statement of Qualifications (SOQ) may not be withdrawn or cancelled by the Respondent for ninety (90) calendar days following the SOQ due date, and Respondent so agrees upon submittal. During this period, the City may review SOQs, conduct evaluations and interviews, and negotiate contract terms consistent with this

RFQ.

Any attempted withdrawal after the submission deadline and within the firm-offer period may result in disqualification from this RFQ and may negatively affect the Respondent’s responsibility determination in future City solicitations.

5.3 Post-Award Fee Adjustments (If Applicable)

Unless stated otherwise in the resulting contract, negotiated fees shall remain firm for the initial contract term.

If a fee adjustment mechanism is expressly permitted, adjustments may occur only when supported by verifiable market documentation (e.g., published indices) and must:

• be submitted in writing before going into effect, and

• include detailed supporting documentation.

Continuing written notices are required for each thirty (30) day period that adjusted fees remain in effect.

5.4 Availability of Funds / Non-Appropriation

This procurement is subject to the availability of funding. The City’s obligation hereunder is contingent upon the availability of appropriated funds from which payment for the Contract purposes can be made. No legal liability on the part of the City for any payment shall arise until funds are made available to the Contracting Officer for this Contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Any award of Contract hereunder will be conditioned upon said availability of funds for the Contract. In the event sufficient appropriation, grants, and monies are not made available to City to pay these services for any fiscal year, this Agreement shall terminate without further obligation of City. In such event, the City Manager of City shall certify to contractor that sufficient funds have not been made available to City to meet the obligations of this Agreement; such certification shall be conclusive upon parties.

5.5 Termination by the City

The City may terminate the contract, in whole or in part, for convenience or cause by providing thirty (30) days’ written notice to the Contractor. If terminated for cause due to the Contractor’s default, the City may pursue all remedies available under law or equity, including procurement of substitute services at the Contractor’s expense.

5.6 Indemnification

BIDDER covenants and agrees to FULLY INDEMNIFY, DEFEND and HOLD HARMLESS, the CITY and the elected officials, employees, officers, directors, volunteers and representatives of the CITY, individually and collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon the CITY directly or indirectly arising out of, resulting from or related to BIDDER’S activities under this contract, including any acts or omissions of BIDDER, any agent, officer, director, representative, employee, consultant or subcontractor of BIDDER, and their respective officers, agents employees, directors and representatives while in the exercise of the rights or performance of the duties under this contract. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of CITY, its officers or employees, in instances where such negligence causes personal injury, death, or property damage. IN THE EVENT BIDDER AND CITY

ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL

BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS FOR THE STATE OF

TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO

THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES

UNDER TEXAS LAW.

The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. BIDDER shall advise the CITY in writing within 24 hours of any claim or demand against the CITY or BIDDER known to BIDDER related to or arising out of BIDDER's activities under this contract, and shall see to the investigation and defense of such claim or demand at BIDDER's cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving BIDDER of any of its obligations under this paragraph.

5.7 Insurance Requirements

The Proposer shall, at its own expense, maintain insurance coverage meeting or exceeding the following requirements for the duration of the contract:

• Workers’ Compensation: Statutory, with Employer’s Liability limits of not less than $500,000 each accident/disease. If Contractor is not legally required to carry Workers’ Compensation, Contractor shall provide alternative coverage acceptable to the City.

• Commercial General Liability (CGL): $1,000,000 per occurrence / $2,000,000 aggregate, including premises, operations, independent contractors, products/completed operations, personal injury, and contractual liability coverage.

• Automobile Liability: $1,000,000 combined single limit, covering all owned, hired, and non-owned vehicles.

• Umbrella/Excess Liability: $1,000,000 per occurrence and aggregate.

• Additional Coverages (as applicable): Professional Liability/Errors & Omissions ($1,000,000 minimum); Cyber Liability ($1,000,000 minimum).

Required Endorsements:

• The City of Brownsville shall be named as Additional Insured on the CGL and Auto policies.

• Policies shall include a Waiver of Subrogation in favor of the City.

• Coverage shall be primary and non-contributory to any insurance carried by the City.

Certificates of Insurance:

Contractor shall provide valid certificates of insurance prior to contract execution and upon renewal. Each certificate must state that coverage shall not be canceled, materially changed, or non-renewed without thirty

(30) days’ prior written notice to the City.

5.8 Protest Procedures

The City of Brownsville maintains a formal protest procedure in accordance with its Procurement Policy.

Prior to Bid/Proposal Due Date:

• If a prospective bidder/proposer becomes aware of a deficiency in the solicitation or solicitation process before the due date, the bidder/proposer must notify the City Attorney’s Office in writing no later than five (5) calendar days before the due date. This allows the City to address the situation prior to the closing date.

After Bid/Proposal Due Date:

• A bidder/proposer may protest the solicitation process or recommended award by:

1. Filing a written notice of intent to protest within five (5) calendar days of the date the bidder/proposer knew or should have known of the facts giving rise to the protest. Failure to file this notice waives the right to protest.

2. Filing a formal written protest within seven (7) calendar days after the notice of intent is filed.

The protest must include:

• Name, address, telephone, and email of the protestor;

• The solicitation number;

• A detailed statement of the factual grounds for the protest with supporting documents;

• Signature of the protestor or authorized representative;

• The form of relief requested; and

• A concise and logical presentation of facts.

Review and Hearing:

• Upon receipt of a timely protest, the City Attorney will determine whether the grounds are sufficient.

• If sufficient, the Procurement Office will schedule an informal hearing (not subject to the Open Meetings Act) usually within five (5) working days.

• A written decision will typically be issued within fifteen (15) calendar days after the hearing.

Exceptions; Restrictions:

• The City will generally not make an award until a protest is resolved.

• However, the City Manager may authorize award without delay if:

o The City urgently requires the goods or services, or o Failure to award promptly will unduly delay delivery or performance.

Federal Agency Review:

• Protestors must exhaust all administrative remedies with the City before appealing to a federal agency.

• Federal review is limited to:

o Violations of federal law/regulations, or o Violations of the City’s Protest Procedures for failure to review a complaint.

• Any protest sent to a federal agency outside these grounds will be referred back to the City.

5.9 Restrictions on Lobbying & Political Contributions

A vendor/contractor or their agent is prohibited from lobbying activities with City officials, including elected officials, and employees regarding a proposed contract from the time a solicitation (RFP, RFQ, IFB, or other procurement) has been released until the contract is posted as a City Commission agenda item. If contact is required, such contact shall be made only in accordance with the procedures set forth in Section 1.7 (Authorized Contact) of this IFB. Violation of this provision by respondents or their agents, including lobbyists, may result in disqualification of the respondent’s offer. A parallel no-contact provision applies to lobbyists and their agents.

Further, the following restrictions apply to all vendors, contractors, and their agents/representatives:

1. No Personal Obligation A lobbyist or a vendor/contractor, or any of their agents, may not do any act or refrain from any act for the purpose of placing any City official under personal obligation to them.

2. False Statements No lobbyist, vendor/contractor, or their agents/representatives may knowingly make any false or misleading statement of fact to a City official, or provide a document with false information without notifying the official in writing of the truth. If a registrant learns that a statement made in a registration form or activity report within the previous three (3) years was false, they must correct that statement within thirty (30) days by written notification to the City Secretary.

3. Use of False Identification No lobbyist, vendor/contractor, or their agents/representatives may communicate with a City official using the name of any fictitious person or the name of a real person without that person’s consent.

4. Improper Influence No lobbyist, vendor/contractor, or their agents/representatives may cause or influence the introduction of any ordinance, resolution, appeal, application, petition, nomination, or amendment for the purpose of later being employed to secure its granting, denial, confirmation, rejection, passage, or defeat.

Additionally, in accordance with City Code Sec. 40-7, contractors are prohibited from making political contributions to City officials or candidates during the contract award period. It shall be unlawful for any contractor to contribute or offer any contribution to a candidate, or for any candidate to solicit or accept any contribution from a contractor during a contract award period.

• City Code Sec. 40-7: In the event that a candidate unknowingly accepts a contribution in contravention of this provision, it shall be the duty of the candidate to return the contribution within ten days after he/she becomes aware of the violation.

Each request for proposal or other document, notice, or advertisement for a contract shall contain a notice regarding this section in a form approved by the city attorney. Each contractor shall be required to submit with any proposal or other submission for the award of any contract a complete list of the persons included in the term "contractor" as defined in this chapter in a form prescribed by the city attorney. It shall be the duty of each city department director to immediately forward each contractor list received to the city secretary, who shall compile and maintain a log of persons who are required to be reported. In addition, the city secretary shall compile, maintain, and post online, by the 14th day after a city commission meeting, a list of contracts awarded at such commission meeting by city commission, including on such list, the date of the initial posting of the request for commission action relative to each specific contract, the name of the contractor, a short description of the contract and the date occurring 180 days after the award of the contract or the determination by city commission or the mayor that the contract would not be awarded to a contractor.

As used in this section, the term contractor shall not include a subcontractor.

5.10 Conflict of Interest Disclosures

In compliance with Chapter 176 of the Texas Local Government Code, any vendor or person seeking to contract with the City of Brownsville must file a…