ESBD_383220_1732301908629_RFQ.Market Street.pdf

REQUEST FOR QUALIFICATIONS (RFQ)

MARKET STREET CYCLE TRACK

RFQ: 2024-116 |WBS: 23-04062

Release Date: November 20, 2024

Proposals Due: January 15, 2025, at 10:00 AM Central Time (CT)

PROHIBITED CAMPAIGN CONTRIBUTIONS

Notice Regarding Prohibition on Campaign or Officeholder Contributions for Individuals and Entities Seeking High-Profile Contracts. Under Section 2-309 of the Municipal Campaign Finance Code, the following are prohibited from making a campaign or officeholder contribution to any member of City Council, candidate for City Council or political action committee that contributes to City Council elections beginning on the *10th business day after a contract solicitation has been released through the 30th calendar day following the approval by City Council (“blackout” period):

(1) Any individual seeking a high-profile contract;

(2) Any owner, officer, officer of board, and executive committee member of an entity seeking a high-profile contract, excluding board officers and executive committee members of 501 (c)(3), 501(c )(4) and 501 (c)(6) non-profit organizations not created or controlled by the City whose board service is done strictly as a volunteer with no financial compensation and no economic gain from the non-profit entity;

(3) The legal signatory of the high-profile contract;

(4) Any attorney, lobbyist or consultant hired or retained to assist the individual or entity in seeking a high-profile contract;

(5) Subcontractors hired or retained to provide services under the high-profile contract; and

(6) Any first-degree member of the household of any person listed in (1), (2), (3) or (5) of this subsection.

(7) Any corporate political action committee (PAC) established or formed by the entity seeking a high-profile contract.

A high-profile contract cannot be awarded to the individual or entity if a prohibited contribution was made by any of these individuals during the “blackout” period.

*For this solicitation, the first-day contributions are prohibited is Friday, December 6, 2024.

The first day contributions may be made is the 31st day after the contract is approved at a City Council “A” Session.

RESTRICTIONS ON COMMUNICATIONS

In accordance with and as authorized by Section 2-61 of the City Code, the following restrictions on communications apply to this solicitation: Respondents are prohibited from contacting 1) City officials, as defined by §2-62 of the City Code of the City of San Antonio, regarding the RFQ or submittal from the time the RFQ has been released until the contract is posted for consideration as an agenda item during a meeting designated as an A session; and 2) City employees from the time the RFQ has been released until the contract is approved at a City Council “A” session.

Restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFQ and/or proposal submitted by Respondent.

Violation of this provision by Respondent and/or its agent may lead to disqualification of Respondent’s submittal from consideration.

For additional information, see the section of this RFQ entitled “Restrictions on Communication”.

RFQ: 2024-116 | WBS: 23-04062

Rev 022824JEC

TABLE OF CONTENTS

Section Section Name Page I. Background 3

II. Scope of Work and General Requirements 3 III. Schedule of Events 5 IV. Pre-Submittal Conference 5 V. Submittal Document Requirements and Evaluation Criteria 6 VI. Submission Instructions 14 VII. Amendments to RFQ 15 VIII. Restrictions to Communications 15 IX. Award of Contract and Reservation of Rights 16

Exhibit # RFQ Exhibits Exhibit A General Conditions - Exhibit B Contract Template - Exhibit C DBE Provisions - Exhibit D Insurance Requirements - Exhibit E Schematic, Typical Section - Exhibit F Survey Files - Exhibit G Project Application to TxDOT - Exhibit H Phase 1 Environmental Site Assessment (*see note on page 3) - Form # Required Forms Form 1 Submittal Checklist and Table of Contents - Form 2 Submittal Cover/Signature Sheet - Form 3 Contracts Disclosure Instructions Form - Form 4 Litigation Disclosure Form - Form 5 DBE: Good Faith Efforts Plan - Form 6 DBE: Commitment Agreement Form - Form 7 Veteran-Owned Small Business (VOSB) Tracking Form - Form 8 Local Preference Program (LPP) Tracking Form - Form 9 Heat Illness Prevention Acknowledgment Form -

RFQ: 2024-116 |WBS: 23-04062

I. BACKGROUND

The City of San Antonio (City), Public Works Department (PWD) is issuing a Request for Qualifications (RFQ) seeking Statement of Qualifications (SOQ) from qualified firms (Respondents) to provide Plans, Specifications, & Estimates PS&E and environmental support services for the Market Street Cycle Track (South Flores to IH 37).

Through this solicitation, the City’s intents to select one firm for engineering design and construction administration services for this Project.

The contract duration is throughout the project completion. The Respondent understands and agrees that contract time for design will be negotiated prior to award, with the anticipation of an approximate 12-month design phase. The not-to-exceed contract value is $1,300,000.

II. SCOPE OF WORK AND GENERAL REQUIREMENTS

The City of San Antonio is seeking a design team to produce the PS&E and construction administration services for the construction of a two-way separated bike facility (cycle track) from Flores Street to IH 37 on Market/Dolorosa, South Alamo, & Commerce Streets to include drainage modifications, traffic signals, pedestrian/bicycle safety lighting, streetscape improvements, signing and pavement markings. Other services to be provided under this contract include supplemental survey, public and stakeholder engagement, historic research, archaeological services, and construction phase services.

The project proposes the removal a single travel lane on Market Street, the realignment of the roadway for a block of South Alamo Street, and the removal of a parking lane on Commerce Street in order to construct a two-way bicycle facility (cycle track) across the eastern half of downtown San Antonio.

Design (topographic) survey has been completed and respondents are expected to utilize the provided survey and to supplement existing data only as needed.

COSA will provide additional project information that is posted as Supporting Documentation with this solicitation in the COSA Procurement Portal (Civcast).

• Schematic, Typical Section

• Survey Files

• Project Application to TxDOT

• Phase 1 Environmental Site Assessment (*will be provided during negotiations.)

Precertification Requirements:

Standard Work Categories:

Task leaders must be TxDOT pre-certified by the Proposal deadline date and time specified in this Solicitation for each of the advertised work categories they are identified to lead. The prime provider firm or sub-provider firm providing a task leader must have active precertification status in that category by the closing date of the solicitation. Precertification status of task leaders, by individual, can be verified through the TxDOT CCIS database using the Employee Precertification Categories query tool with a CCIS employee sequence number.

1.8.1 Public Involvement

2.7.2 Historic Sites Evaluations

2.10.1 Archeological Surveys, Documentation, Excavations, Testing Reports, and Data Recovery Plans

2.11.1 Historical & Archival Research

2.13.1 Hazardous Materials Initial Site Assessment

2.14.1 Environmental Document Preparation

4.2.1 Roadway Design

7.1.1 Traffic Engineering Studies

7.4.1 Traffic Control Systems Analysis, Design, and Implementation

8.1.1 Signing, Pavement Marking, and Channelization

8.2.1 Illumination

8.3.1 Signalization

9.1.1 Bicycle and Pedestrian Facility Development

10.2.1 Roadway Hydraulic Design

14.1.1 Soil Exploration

14.2.1 Geotechnical Testing

15.2.1 Design Survey

16.3.1 Landscape Architecture

17.1.1 Structural Engineering

18.2.1 Subsurface Utility Engineering

18.3.1 Utility Adjustment Coordination

Project Manager Requirements:

The prime provider’s project manager, as proposed in the RFQ response, is required to be a Professional Engineer registered or licensed in Texas by the Proposal deadline specified in this Solicitation. The project manager must be an employee of the prime provider. The project manager must be LGPP certified. Perform construction phase administration to include periodic field visits to assess construction progress, responding to contractor requests for information, review of change orders, coordinating construction progress meetings with the contractor, preparing and distributing meeting minutes, reviewing contractor schedules, and other construction phase services as described in the City’s Design Guidance Manual.

III. SCHEDULE OF EVENTS

The following tentative schedule has been prepared for this project:

IV. PRE-SUBMITTAL CONFERENCE

A non-mandatory Pre-Submittal Conference is scheduled, for December 4, 2024, at 9:00 a.m.

CT. The Pre-Submittal Conference will be held via WebEx meeting. Prospective Respondents may join the WebEx using the following instructions:

Join by phone: 1-415-655-0001 Meeting number (access code): 2631 423 5569 Meeting password: 2024116 Join meeting:

https://sanantonio.webex.com/sanantonio/j.php?MTID=m883411c726a0a2a99c8c960122e1f76a

Attendance at the Pre-Submittal Conference is optional, but highly encouraged. Respondents who join the WebEx Pre-Submittal Conference are required to sign into the meeting using a QR code provided only during the meeting. This will confirm Respondent’s attendance and participation for the Pre-Submittal meeting through WebEx.

Respondent is encouraged to submit written questions concerning this RFQ through the Civcast website at least five (5) calendar days in advance of the Pre-Submittal Conference, in order to expedite the proceedings. City’s responses to questions received by this due date may be distributed at the Pre-Submittal Conference, as well as being posted on the Civcast website at https://www.civcastusa.com/bids.

City’s responses to questions received by this due date may be discussed at the Pre-Submittal Conference, as well as being posted on the Civcast website at https://www.civcastusa.com/bids.

Any oral responses provided by City staff at the Pre-Submittal Conference shall be preliminary. A written summary of the Pre-Submittal Conference shall contain City’s official responses to issues raised during the Pre-Submittal Conference and posted on the Civcast website at https://www.civcastusa.com/bids. Any oral response given at the Pre-Submittal Conference that is not confirmed in the posted written summary from the Pre-Submittal Conference or in a subsequent addendum shall not be official or binding on City. Only written responses shall be official. All other forms of communication with any officer, employee or agent of City shall not be binding on City.

First day contributions are prohibited: December 6, 2024 Pre-Submittal Conference: December 4, 2024, 9:00 am, CT Deadline for Submission of Written Questions: December 11, 2024, 4:00 pm, CT Responses Due: January 15, 2025, 10:00 am, CT Evaluation of Submittals – (Interviews, if necessary) February 2025 Anticipated City Council Consideration March 2025 https://sanantonio.webex.com/sanantonio/j.php?MTID=m883411c726a0a2a99c8c960122e1f76a https://www.civcastusa.com/bids https://www.civcastusa.com/bids

V. SUBMITTAL DOCUMENT REQUIREMENTS AND EVALUATION CRITERIA

City will conduct a comprehensive, fair and impartial evaluation of all proposals received in response to this RFQ. City will appoint a selection committee to perform the evaluation of the received Statement of Qualifications (SOQ). Each SOQ received by City shall be analyzed to determine overall responsiveness and qualifications to the RFQ. The selection committee may select Respondents who are judged to be reasonably qualified for interviews, depending on whether further information is needed. Interviews are not an opportunity to change a submission.

If the City elects to conduct interviews, Respondents may be interviewed and re-scored based upon the same criteria. City may also request information from Respondents at any time prior to final approval of a selected Respondent or seek best and final qualifications from Respondents deemed reasonably qualified for award. Final approval of a selected Respondent is subject to the action of the San Antonio City Council.

Respondent’s SOQ shall include the following items included in the Submittal Checklist & Table of Contents (Form 1) in the following sequence combined in PDF format:

1. SUBMITTAL CHECKLIST AND TABLE OF CONTENTS (Form #1) (Indexed and labeled as “Tab 1”) – Respondent and respondents team members shall complete this form, which shall be used as the Table of Contents and as a checklist for Respondent’s submittal.

2. EXECUTIVE SUMMARY (Indexed and labeled as “Tab 2”) – Respondent shall include a one (1) page Executive Summary at the beginning of the Statement of Qualifications.

Respondent’s Executive Summary shall state the number of years Respondent’s team has been in business, Respondent’s number of years in business in its local office, Respondent’s local office address and the number of employees employed in Respondent’s local office.

3. CONTRACT TEMPLATE AND GENERAL CONDITIONS REVIEW (Indexed and labeled as “Tab 3”) – Respondent shall review the Contract Template and General Conditions, provided hereto and made a part hereof and labeled as Exhibit A & Exhibit B and provide written acknowledgment that Respondent accepts the terms, conditions and requirements of the City’s Contract Template and General Conditions, in Respondent’s submitted proposal under “Tab 3”.

4. LETTERS OF REFERENCE (required) (Indexed and labeled as “Tab 4”) –

Respondent and Co-Respondents must provide a maximum of five (5) letters of reference including contact information for projects completed within 5 years.

5. STATEMENT OF QUALIFICATIONS – Respondent shall provide a narrative document, as outlined in the Statement of Qualifications below, addressing all evaluation criteria in Section V of this RFQ considering the project defined in this solicitation. Sufficient information regarding Respondent’s past projects and key personnel’s experience shall be provided in Respondent’s proposal. to indicate its team has met or exceeded the minimum qualifications provided in Section V of this RFQ in proposal.

The following Evaluation Criteria shall be used, in recommending the award of this Contract:

A. Experience, Background, Qualifications of Firm, Key Personnel, and Key Sub-

Consultants (45 Points)

Respondent shall respond to the following items, as they relate to Scope of Work:

1. Experience (Indexed and Labeled as “Tab 5”) – City shall consider the relevance of past experience of Respondent and respondents team members. Respondent shall provide a narrative, on (1) page, describing the Respondent’s qualifications, as they relate to the referenced scope of services in this solicitation. Special attention should be given to experience of similar size and complexity as reflected in the scope of work.

2. Project Sheets (Indexed and Labeled as “Tab 6”) – Respondent’s SOQ shall include a maximum of three (3) project sheets, limited to one (1) page for each project included, which shall describe similar design projects Respondent has completed within the last five (5) years. Each project sheet shall include the following:

1. Name, description and dollar value of the completed project, including any similarity to the Project defined in this solicitation;

2. Year(s) of work on the cited project

3. Respondent’s role in the cited project;

4. Project Designer/Manager;

5. Cited project’s original and final contract amounts (explain inconsistencies);

6. Cited project’s proposed completion date and the actual completion date achieved

(explain inconsistencies);

7. Cited project’s owner’s name and the name of the representative (if different) who served as the day-to-day liaison for the cited project, in the following format:

a. Name of Owner: _________________________

b. Name of Owner’s representative: _________________________

c. Representative’s Phone Number: _________________________

d. Representative’s Phone Number: _________________________

e. Representative’s E-mail: _________________________

f. Name of the and key Sub-Consultants: _____________________

3. Proposed Key Personnel/Organizational Chart (Indexed and Labeled as “Tab 7”) – Provide a detailed organizational chart of Respondent’s proposed team, including subcontractors, identifying key personnel who will be committed to work on the various tasks for this Contract.

Label assignments as:

a. Principal/Partner;

b. Project Manager(s);

c. Senior Project Architect/Licensed Engineer; (with demonstrated experience with the activities normally associated with the scope of work listed)

d. Project Architect/Licensed Engineer;

e. Subconsultants (for any services deemed necessary to fulfill the duties of this contract)

4. Resumes (Indexed and Labeled as “Tab 8”) – Respondent must submit one (1) page resumes for all its key team members, to include subcontractors. Resumes should link to project sheets and also may include additional previously completed relevant projects not highlighted in the project sheets.

Resumes also shall include:

a. The license type (if applicable) and number of years licensed,

b. Number of years employed with the firm,

c. Number of years’ experience in proposed role corresponding to the assignments included in the organizational chart,

d. Provide date of the most recent completion of the TxDOT LGPP qualification course. Respondent’s selection for an LG project requires LGPP qualified team members.

e. Indicate key team member is TxDOT LGPP qualified and will remain qualified through May 2026

f. City of residence

5. Experience and Commitment with Green Building and Sustainability Practices (Indexed and Labeled as “Tab 9”) Respondent shall limit its response to the following items to a total of one (1) page.

a. Describe Respondent’s experience in the design of buildings or infrastructure that have been designed as per established green and sustainable design practices.

b. Provide a list of all Green Building certifications/accreditations held by Respondent’s team members – e.g. LEED Accredited professionals or specialized trainings and certifications.

B. Understanding of the Project and Proposed Management Plan (35 Points)

Respondent must describe its understanding of the Project and specific issues and challenges Respondent likely sees must be involved, as well as the availability of labor resources (Respondent’s capacity to perform) in executing the scope of work required.

Respondent must submit information in a brief narrative plan clearly and concisely describing the challenges it foresees and its approach to managing the Project.

1. Project Understanding (Indexed and Labeled as “Tab 10”)

Respondent shall limit its response to the following items to one (1) page:

a. Describe Respondent’s understanding of the primary objectives of the Project.

b. Describe the constraints and technical challenges related to design and construction Respondent foresees and Respondent’s approach to addressing each.

2. Proposed Management Plan (Indexed and Labeled as “Tab 11”)

Respondent shall limit its response to the following items to a total of two

(2) pages:

a. Describe Respondent’s project management approach and team organization, for the provision of the services outlined in this solicitation.

b. Describe Respondent’s Quality Control/Quality Assurance process, approach and capabilities to maintain quality control of tall documents and construction.

c. Describe Respondent’s approach to managing the quality of Sub-consultants.

d. Describe Respondent’s ability to coordinate work with all Project stakeholders.

e. Describe Respondent’s approach to assuring timely completion of construction, including methods for schedule recovery, if necessary.

f. Describe your mechanism to track and respond to contractor requests for information, review of change orders, coordinating construction progress meetings with the contractor, preparing, and distributing meeting minutes, reviewing contractor schedules, reviewing applications for payment, and other construction phase services as described in the City’s Design Guidance Manual.

g. The City has implemented Ready to Work which is an education and job placement program. Respondents can learn more about this initiative at Ready to Work (www.sanantonio.gov) whose goal is to connect residents to career opportunities. Describe how Respondent can leverage this initiative in their training and hiring practices.

3. Commitment to Green Building and Sustainability Initiatives, Practices and

Implementation (Indexed and Labeled as “Tab 12”) Respondent must limit its response to the following items to a total of two (2) pages:

a. Describe Respondent’s commitment to Green and Sustainability initiatives and practices and how these initiatives and practices will be incorporated into this Project.

b. Describe Respondent’s initiative in reducing Greenhouse Gas (GHG) emissions and Respondent’s plan to reduce the emissions during the construction phase for this Project.

C. Experience with the San Antonio Region & Past Performance (20 Points) (Indexed and Labeled as “Tab 13”)

1. The City is interested in evaluating Respondent’s team (including Sub-consultants(s), if applicable) experience with local processes and practices, as may be evidenced by work in San Antonio and/or the surrounding area, during the past five (5) years. In narrative form, using a maximum of two (2) pages for Respondent’s response and one

(1) page for Subcontractor(s) response, if applicable, briefly describe Respondent’s team experience in the areas listed below, referencing projects relating to that experience. (Note: Respondent may reference projects included in the project sheets under Criteria A above, but no additional project sheets shall be provided for this criterion, as the response shall be in narrative form.)

a. Construction costs and practices.

http://www.sanantonio.gov/

b. Environmental conditions and constraints.

c. Involvement in project development as it relates to public awareness in the project’s local area.

d. Respondent’s experience with private and public utilities in the San Antonio or surrounding area including SAWS and CPS.

e. Municipality Design Guidelines

2. More than one (1) project may be referenced per page, and projects should be discussed in reverse chronological order. (Note: Respondent may reference projects by project name included in the project sheets under Criteria A above or include other projects, but no additional project sheets shall be provided for this criterion, as the response shall be in narrative form.) If Respondent is referencing a project that is not included in the project sheet section, please include the following information:

a. Project name and description of scope.

b. Respondent’s project role and work performed.

c. Names of Respondent’s team members who worked on the project, if applicable.

d. The contact information of the project’s owner or representative (if different) including name, email, and phone number.

Note a portion of the scoring for this Section C may be based on City’s Consultants’ Scorecard, experience with City projects and/or other documentation generated by City staff and previous City Consultants on other City projects. City shall consider the history of Respondent in complying with project programs, schedules and budgets on previous City projects. No items shall be submitted by Respondent for this criterion. Respondent shall not be penalized if it has not done work on City of San Antonio projects. Specific items used for consideration may include, but are not limited to:

a. Timely completion of City projects.

b. Cooperative working relationship with City.

c. Prompt payment of Sub-consultants at all levels.

d. Compliance with other City contract terms.

e. Compliance with City Ordinances on substitution/addition/deletion of Sub-consultants.

f. Compliance with City standards.

g. Conformance to City budget requirements.

3. Reference checks may be performed with Owners indicated on the submitted project sheets as (“Tab 6”).

Below is the Evaluation Criteria Summary:

Evaluation Criteria Summary Maximum Points

A. Experience, Background, Qualifications of Firm, Key Personnel, and Key Sub-Consultants 45

B. Understanding of the Project and Proposed Management Plan 35

C. Experience with the San Antonio Region & Past Performance 20 Total Maximum 100 Points

Required Forms (to be uploaded individually in Civcast):

City shall conduct due diligence and analysis of the following required forms:

1. SUBMITTAL COVER/SIGNATURE SHEET (Form #2) – Respondent and Co-

Respondents must include the completed Submittal Cover/Signature Sheet with the other required forms. The Submittal Cover/Signature Sheet must be signed by a person (or persons) authorized to bind Respondent and the entity/entities submitting the response.

Signature pages signed by a person other than an officer of the company or partner of the firm must be accompanied by evidence of authority. Joint ventures submittals require signatures from all firms participating in the joint venture. Submitting joint ventures are required to provide legal proof of the joint venture, such as a joint venture agreement.

2. CONTRACTS DISCLOSURE FORM (Form #3) – Respondent, Co-Respondent and all subcontractors on this project must complete the form online at:

https://webapp1.sanantonio.gov/ContractsDisclosure/, print a copy of the completed form and include in the packet of required forms. If Respondent is proposing as a team or joint venture, each party to that team or joint venture shall complete and submit a separate Contracts Disclosure Form.

3. LITIGATION DISCLOSURE FORM (Form #4) – Respondent, Co-Respondent and all subcontractors on this project must complete a Litigation Disclosure Form, utilizing additional pages for explanation, if necessary, and submit the completed form. If Respondent is proposing as a team or joint venture, each party to that team or joint venture shall complete and submit a separate Litigation Disclosure Form.

4. DISADVANTAGE BUSINESS ENTERPRISE (DBE) PROGRAM GOOD FAITH EFFORT

PLAN (Form #5) – Respondent shall submit a completed DBE Good Faith Efforts Plan.

5. DISADVANTAGE BUSINESS ENTERPRISE (DBE) PROGRAM COMMITMENT

AGREEMENT FORM (Form #6) –Respondent shall submit a completed DBE Commitment Agreement Form. The PW Department and/or its consultants agree to ensure that DBEs as defined in 49 CFR Part 26 (Exhibit C) have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds provided under this https://webapp1.sanantonio.gov/ContractsDisclosure/ agreement. In this regard the PW Department and its Consultants shall not discriminate on the basis of race, color, national origin, gender, or disability in the award and performance of TXDOT-assisted contracts.

THE DBE GOAL FOR THIS CONTRACT WILL BE 0%.

6. VETERAN-OWNED SMALL BUSINESS PROGRAM TRACKING FORM (VOSB) (Form #7) – Respondent must submit a completed and signed VOSB Tracking form with this solicitation. This solicitation is not eligible for a preference based on status as a veteran-owned small business (VOSB). Nevertheless, in order to determine whether the program can be expanded at a later date, the City tracks VOSB participation at both prime contract and subcontract levels. San Antonio City Code Chapter 2, Article XI describes the City’s veteran-owned small business preference program.

7. LOCAL PREFERENCE PROGRAM (LPP) IDENTIFICATION FORM (Form #8) –

Respondent must submit a completed and signed LPP Identification form with this solicitation. The City of San Antonio Local Preference Program, described in the San Antonio City Code Chapter 2, Article XII, establishes a local preference for specific contracting categories. Each time a bidder or respondent submits a bid for a solicitation, this Local Preference Program Identification Form must be completed and turned in with the solicitation response in order to be identified as a City Business and receive the preference described below. The City will not rely on Local Preference Program Identification Forms submitted with prior or contemporaneous bids or proposals.

8. HEAT ILLNESS PREVENTION ACKNOWLEDGMENT FORM (Form #9) – Respondent and Co-Respondents must include the complete the Heat Illness Prevention Acknowledgment form with this solicitation. Effective August 31, 2023, the Heat Illness Prevention Ordinance implemented requirements to certain City-funded contracts involving activities in outdoor and unconditioned spaces. For more detailed information on the Heat Illness Ordinance, see Ordinance No. 2023-08-31-0585 and General Conditions for Construction Contract, Article X.1.5 and Art.X.2.3(a).

9. LETTER OF INSURABILITY – Submit a letter from insurance provider stating provider’s commitment to insure the Respondent for the types of coverages and at the levels specified in this RFQ if awarded a contract in response to this RFQ. Respondent shall also submit a copy of their current insurance certificate.

10. CERTIFICATE OF INTERESTED PARTIES TEC FORM 1295 – The Texas Government

Code §2252.908, and the rules issued by the Texas Ethics Commission found in Title 1, Chapter 46 of the Texas Administrative Code, require a business entity to submit a completed Form 1295 to the City before the City may enter into a contract with that business entity:

Form 1295 must be completed online. It is available from the Texas Ethics Commission by accessing the following web address:

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

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

Print your completed Form 1295. Submit your signed Form 1295 with your response to this solicitation. Where requested to provide the name of the public entity with whom you are contracting, insert “City of San Antonio”. Where requested to provide the contract number, provide the solicitation number shown on the cover page of this solicitation (e.g. IFB 6100001234, RFO 6100001234 or RFQ 6100001234).

The following definitions found in the statute and Texas Ethics Commission rules may be helpful in completing Form 1295.

“Business entity” includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency. (NOTE:

The City of San Antonio should never be listed as the “Business entity”.)

“Controlling interest” means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. Subsection (3) of this section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.

“Interested party” means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) an intermediary.

“Intermediary,” for purposes of this rule, means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:

(1) receives compensation from the business entity for the person’s participation;

(2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and

(3) is not an employee of the business entity or of an entity with a controlling interest in the business entity.

Publicly traded business entities, including their wholly owned subsidiaries, are exempt from this requirement and are not required to submit Form 1295.

City shall review Form 1295 as part of the Minimum Requirements Review performed upon all proposals received. Deficiencies in or missing Form 1295 shall not be a disqualifying error. Instead, City shall notify a Respondent of any requirements to cure the deficiency and/or to submit/re-submit Form 1295 within two (2) days of notice to remain eligible to be considered for a contract award. If applicable, City shall include the selected Respondent’s Form 1295 in its package prepared for the San Antonio City Council’s consideration for contract award.

VI. SUBMISSION INSTRUCTIONS

Online submission will be via Civcast at https://www.civcastusa.com/bids. Online submission services will open for submitting Statement of Qualifications on November 20, 2024, and close on January 15, 2025, at 10:00 a.m. CT. Follow submittal instructions on https://www.civcastusa.com/. Hard copies of submittals sent by facsimile or email will not be accepted.

Please adhere to the following criteria:

• Pages equal front only

• No smaller than 11-point font.

• Be succinct and clear.

• Keep your submittal relevant to the target project.

• Each submittal shall include the sections and attachments in the sequence listed in the

Section V, Submittal Document Requirements & Evaluation Criteria, with each section divided by tabs and indexed, as indicated in this RFQ.

• All pages shall be numbered, and all sections shall adhere to page limits. If a section does not have a page limit specified, there are no page limits for that section.

To correctly submit a response to this RFQ, Respondent shall reveal, disclose and state the true and correct name of the individual, proprietorship, corporation and/or partnership (clearly identifying the responsible general partner and all other partners who would be associated with the contract, if any) submitting the response. The true and correct name shall comport exactly with the corporate and franchise records of the Texas Secretary of State and Texas Comptroller of Public Accounts. Individuals and proprietorships, if operating under other than an individual name, shall match with exact Assumed Name filings. Corporate Respondents and limited liability company Respondents shall include the 11-digit Comptroller's Taxpayer Number on the signature page of the Proposal.

Co-Respondents are two (2) or more entities proposing as a team or joint venture with each signing the contract, if awarded. Sub-contractors are not Co-Respondents and should not be identified here. If you are conducting business in Texas, it is likely you will have to register your business with the State Comptroller. Depending on the type of business you conduct, you may also be required to obtain a permit, collect and or pay tax, and file tax returns.)

(If Respondent/Co-Respondents are not registered with the Texas Secretary of State, please note the City of San Antonio requires Respondents selected for award of a contract register with the Texas Secretary of State. Changes to the registered agent or registered office information must always be filed with the Texas Secretary of State and comply with applicable statutory requirements. A sole proprietor, conducting business under an assumed name (a name other than the surname of the individual), shall file an assumed name certificate with the Office of the Bexar County Clerk. Any associated costs, fees or expenses should be considered in Respondent’s price proposal.)

Respondent must comply with the Restrictions on Communication section of this RFQ and shall not provide full or partial copies of its submission to City officials or City employees, as defined by https://www.civcastusa.com/ that section. Failure to submit a submittal in accordance with the prescribed process will result in Respondent’s submittal being disqualified from consideration.

VII. AMENDMENTS TO RFQ

Changes, amendments or written responses to questions received in compliance with Section VIII, Restrictions on Communication herein, will be posted on the Civcast website at https://www.civcastusa.com/bids. It is Respondent’s responsibility to review this site and ascertain whether any amendments have been made prior to submission of its proposal. If Respondent does not have access to the Internet, Respondent shall notify City, in accordance with Section VIII, Restrictions on Communication, that it wishes to receive copies of changes, amendments or written responses to questions by mail or facsimile.

No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in this RFQ and all changes to this RFQ – if any – shall be made by City only in writing.

VIII. RESTRICTION ON COMMUNICATIONS

Respondents are prohibited from contacting 1) City officials, as defined by §2-62 of the City Code of the City of San Antonio, regarding the RFQ or proposal from the time the RFQ has been released until the contract is posted for consideration as an agenda item during a meeting designated as an A session; and 2) City employees from the time the RFQ has been released until the contract is approved at a City Council “A” session.

Restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFQ and/or proposal submitted by Respondent.

Violation of this provision by Respondent and/or its agent may lead to disqualification of Respondent’s proposal from consideration.

As used herein, City Official is defined as the Mayor; members of City Council; Municipal Court Judges and Magistrates; City Manager; Deputy City Manager; City Clerk; Deputy City Clerk;

Assistant City Clerk; Assistant City Managers; Assistants to City Manager; all City department heads and assistant department heads; Internal Auditor and Assistant Internal Auditors;

Compliance Auditor; Assistant to City Council; Assistants to City Council, including contract personnel; Assistant to Mayor; Assistants to the Mayor, including contract personnel; Executive Secretaries; Public Utilities Supervisor; members of bid committees; members of the Historic and Design Review Commission; Zoning Commission; and members of any board or commission that is more than advisory in nature.

Exceptions to the restrictions on communication with City employees include:

1. Respondent may ask verbal questions concerning this RFQ at the Project’s Pre-Submittal Conference.

2. Respondent may ask verbal questions concerning this RFQ at the Project’s Site-Visit Meeting if one is scheduled.

3. Respondent must submit questions concerning this RFQ through the Civcast website at https://www.civcastusa.com/bids until December 11, 2024, at 4:00 p.m. CT, Questions received after the stated deadline will not be answered.

4. Respondents and/or their agents are encouraged to contact the Contracts Division of the Finance Development for assistance or clarification with issues specifically related to the City’s Disadvantage Business Enterprise (DBE) Program policy and/or completion of the required DBE forms. Courtney McClure may be reached by telephone at (210) 207-4633 or by e-mail at courtney.mcclure@sanantonio.gov. After the solicitation closing date, there is no contact permitted to the Contracts Division regarding this solicitation. Respondent shall provide responses to any questions asked of it by City’s Staff Contact Person and/or his/her designee about City’s DBE Program both before and after responses are received and opened.

5. During interviews, if any, verbal questions and explanations will be permitted. If Respondent is invited for an interview and/or demonstration, the City requests Respondents limit the size of their team to no more than four (4) people of Respondent’s choosing and subject to City’s approval. Attorneys and/or lobbyists are strictly prohibited from attendance. If you are utilizing a subcontractor, a subcontractor representative should be included. The City reserves the right to exclude any persons from interviews as it deems in its best interest.

Upon completion of the evaluation process, Respondents shall receive a notification letter indicating the recommended firm, anticipated City Council agenda date, and a review of the solicitation process.

City reserves the right to contact any Respondent to negotiate if such is deemed desirable by City. Such negotiations, initiated by City staff persons, shall not be considered a violation by Respondent of this section.

IX. AWARD OF CONTRACT AND RESERVATION OF RIGHTS

City reserves the right to award one, more than one or no contract(s) in response to this RFQ.

A. A Contract, if awarded, shall be awarded to a Respondent whose proposal is deemed most advantageous to City, as determined by the selection committee and upon the approval by the San Antonio City Council.

B. City may accept any proposal in whole or in part. If subsequent contract negotiations are conducted, such negotiations shall not constitute a rejection or alternate RFQ on the part of City. However, final selection of a Respondent is subject to San Antonio City Council approval.

C. City reserves the right to accept one or more proposals or reject any or all proposals received in response to this RFQ and to waive informalities and irregularities in any proposal received.

City also reserves the right to terminate this RFQ, reissue a subsequent solicitation and/or remedy technical errors in the RFQ process.

mailto:courtney.mcclure@sanantonio.gov

D. By executing the Submittal Cover/Signature Sheet, Respondent agrees to be bound by the terms therein. Respondent acknowledges it has received all Addenda and agrees to be bound by the terms, conditions and requirements of this submitted submittal, all documents listed in the RFQ Submittal Checklist and Table of Contents, the enabling City Ordinance and all of the associated documentation that form the entire Contract to which Respondent shall be bound, upon the approval of the San Antonio City Council. All Contract documents are not binding on City until approved by the San Antonio City Attorney’s office and the San Antonio City Council.

No work shall commence on the subject Project until Respondent provides the necessary evidence of insurance required in City’s General Conditions for City of San Antonio Construction Contracts and until City signs the Notice to Proceed. In the event the parties cannot negotiate within the time specified by City, City reserves the right to terminate negotiations with the selected Respondent and commence negotiations with another Respondent.

E. This RFQ does not commit City to enter to an agreement or award any services related to this RFQ, nor does it obligate City to pay any costs incurred by Respondent in the preparation or submission of a response or in anticipation of a contract.

F. City administers its design and construction management through an Internet-based management system. All vendors shall be required to use City’s system and submit Project schedules as City dictates.

G. Conflicts of Interest: Respondent acknowledges that it is informed that the Charter of City of San Antonio and its Ethics Code prohibit a City officer or employee, as those terms are defined in the Ethics Code, from having a financial interest in any contract entered into with City or any City agency, such as City-owned utilities. An officer or employee has a “prohibited financial interest” in a contract with City or in the sale to City of land, materials, supplies or service, if any of the following individual(s) or entities is a party to the contract or sale: City officer or employee; his/her parent, child or spouse; a business entity in which he/she or his/her parent, child or spouse owns ten percent (10%) or more of the voting stock or shares of the business entity, or ten percent (10%) or more of the fair market value of the business entity;

or a business entity in which any individual or entity listed by Respondent is a Subcontractor on a City contract, a partner or a parent or subsidiary business entity.

H. Respondent is required to warrant and certify that it, its officers, employees and agents are neither officials nor employees of City, as defined in Section 2-42 of City’s Ethics Code.

(Contracts Disclosure Form) – Instructions and web-link to electronic form are included in Form 3 of RFQ.

I. Independent Contractor: Respondent understands, accepts and agrees, if selected, it and all persons designated by it to provide services in connection with a contract, is/are and shall be deemed to be an Independent Contractor(s), responsible for its/their respective acts or omissions, that City shall in no way be responsible for Respondent’s actions and that none of the parties to this award shall have authority to bind the other or to hold out to third parties that it has such authority.

J. State of Texas Conflict of Interest Questionnaire (Form CIQ). Chapter 176 of the Texas Local Government Code requires that persons or their agents who seek to contract for the sale or purchase of property, goods or services with City shall file a Form CIQ with the City

Clerk if those persons meet the requirements under §176.006(a) of the statute.

By law this questionnaire must be filed with the City Clerk not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Texas Local Government Code.

Form CIQ is available from the Texas Ethics Commission by accessing the following web address: https://www.ethics.state.tx.us/forms/conflict/

In addition, please complete the City’s Addendum to Form CIQ (Form CIQ-A) and submit it with Form CIQ to the Office of the City Clerk. The Form CIQ-A can be found at:

http://www.sanantonio.gov/atty/ethics/pdf/OCC-CIQ-Addendum.pdf

When completed, the CIQ Form and the CIQ-A Form should be submitted together by mail to the Office of the City Clerk.

Please mail to:

Office of the City Clerk, P.O. Box 839966, San Antonio, TX 78283-3966

Do not include these forms with your sealed bid. The procurement staff will not deliver the forms to the City Clerk for you. Respondent shall consult its own legal advisor if it has any questions regarding the statute, Form CIQ or CIQ Addendum.

K. All submittals become the property of City upon receipt and shall not be returned. Any information deemed to be confidential by Respondent clearly should be noted on the page(s) where confidential information is contained; however, City cannot guarantee that it shall not be compelled to disclose all or part of any public record under the Texas Public Information Act, since information deemed to be confidential by Respondent may not be considered confidential under Texas law or pursuant to a Court order.

L. Any cost or expense incurred by the Respondent associated with the preparation of its submittal, the Pre-Submittal Conference or during any phase of the selection process, if any, shall be borne solely by Respondent.

M. City reserves the right to verify any and all information submitted by Respondents at any time during the solicitation/evaluation process.

N. Final approval of a selected firm(s) is subject to the action of the San Antonio City Council.

O. City reserves the right to contact any Respondent to negotiate a contract, if such action is deemed desirable by City.

P. TEXAS GOVERNMENT CODE §2270.002:

State Prohibitions on Contracts:

https://www.ethics.state.tx.us/forms/conflict/ http://www.sanantonio.gov/atty/ethics/pdf/OCC-CIQ-Addendum.pdf

This section only applies to a contract that:

(1) is between a governmental entity and a company with 10 or more full-time employees;

and

(2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

"Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. This term does not include a sole proprietorship.

Prohibition on Contracts with Companies Boycotting Israel.

Texas Government Code §2271.002 provides 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.

"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

By submitting an offer to or executing contract documents with the City of San Antonio, Company hereby verifies that it does not boycott Israel, and will not boycott Israel during the term of the contract. City hereby relies on Company’s verification. If found to be false, City may terminate the contract for material breach.

Prohibition on Contracts with Companies Boycotting Certain Energy Companies.

Texas Government Code §2274 provides 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 (2) will not boycott energy companies during the term of the contract.

"Boycott energy company" means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company:

(A) engages…