ESBD_384891_1734031550098_Concepcion Creek Federal Grant - Final.pdf

CITY OF SAN ANTONIO

REQUEST FOR QUALIFICATIONS (RFQ)

CONCEPCION CREEK FEDERAL GRANT

RFQ: 2025-016 | WBS: 23-01756-05-03

Release Date: December 11, 2024

Proposals Due: February 3, 2025, at 10:00 AM Central Time (CT)

This solicitation has been identified as High-Profile.

PROHIBITED CAMPAIGN CONTRIBUTIONS

Prohibition against 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, executive committee member, and general board member of an entity seeking a high-profile contract;

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;

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

and

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 January 2, 2025 The first day contributions may be made is the 31st day after the contract is approved at a City Council “A” Session.

Concepcion Creek Federal Grant RFQ: 2025-016 | WBS: 23-01756-05-03 Page 2

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 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.

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

RFQ: 2025-016 | WBS: 23-01756-05-03 Page 3

TABLE OF CONTENTS

Section Section Name Page I. Background 4

II. Scope of Work, Project Objectives and General Requirements 4

III. Schedule of Events 4

IV. Pre-Submittal Conference 4

V. Proposal Document Requirements and Evaluation Criteria 5

VI. Submission Instructions 12

VII. Amendments to RFQ 13

VIII. Restrictions to RFQ 13

IX. Award of Contract and Reservation of Rights 14

Exhibit # RFQ Exhibits

Exhibit A Contract Template -

Exhibit B General Conditions -

Exhibit C DBE Provisions -

Exhibit D Insurance Requirements -

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: 2025-016 | WBS: 23-01756-05-03 Page 4

CONCEPCION CREEK FEDERAL GRANT

RFQ: 2025-016 | WBS: 23-01756-05-03

I. BACKGROUND

The City of San Antonio (City), Public Works Department is issuing a Request for Qualifications (RFQ) seeking Statement of Qualifications (SOQ) from interested engineering design firm (Respondents) for a design to mitigate a 100- year flood event at Concepcion Creek watershed.

More than 2,200 structures are now in harms way in the floodplain of the Concepcion Creek watershed.

The Federal Emergency Management Agency is updating its floodplain map to add nearly 1,900 more structures to the floodplain. A 100-year flood event would cause severe flooding to these structures.

Even in the absence of damaging floods, homes in a floodplain are devalued due to national floodplain regulations and a requirement for many homeowners to have flood insurance.

Through this solicitation, the City’s intends to select one firm for design of this Project. The Respondent understands and agrees that this is a 365-calendar day contract. The estimated completion of the project is December 2025, and is not-to-exceed this contract value of approximately $1,845,462.00.

II. SCOPE OF WORK AND GENERAL REQUIREMENTS

The project scope would consist of design for a series of local detention ponds that would perform simultaneously to mitigate the 100-year flood event. The design would include a design summary report to anticipate and record basic project information. This report would identify the risk for the project including the existing conditions, geotechnical and environmental permitting, community relations, and cost and schedule. Additionally, the design will include a hydrologic and hydraulic (H&H) analysis update of the Concepcion Creek Project area to re-establish existing conditions as well as update and confirm the ponds in series meets local design standards. This phase of the project will also include a no adverse downstream impact analysis, provide 40% design plans, evaluate property acquisitions, and update the opinion of Probable Construction Costs (OPCC) for the local detention facilities.

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 January 8, 2025, at 1:00 p.m. CT. The Pre-Submittal Conference will be held via WebEx meeting. Prospective Respondents may join the WebEx using the following instructions:

Pre-Submittal Conference: January 8, 2025, 1:00 pm, CT Deadline for Submission of Written Questions: January 15, 2025, 4:00 pm, CT Responses Due: February 3, 2025, 10:00 am, CT Evaluation of Submittals – (Interviews, if necessary) March 2025 Anticipated City Council Consideration April 2025

RFQ: 2025-016 | WBS: 23-01756-05-03 Page 5

Join by phone: 1-415-655-0001 Meeting number (access code): 2637 736 5812 Meeting password: COSA Join meeting:

https://sanantonio.webex.com/sanantonio/j.php?MTID=m39c39bf27cfc4a2cf517be9f3c4c3230

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.

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

RFQ: 2025-016 | WBS: 23-01756-05-03 Page 6

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

(50 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;

5. Design Support Staff;

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

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

(explain inconsistencies);

8. 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: _________________________

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c. Representative’s Phone Number: _________________________

d. Representative’s Phone Number: _________________________

e. Representative’s E-mail: _________________________

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/Engineer;

d. Project Architect/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. City of residence

B. Understanding of the Project and Proposed Management Plan (30 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 9”)

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 10”)

Respondent shall limit its response to the following items to a total of two (2) pages:

RFQ: 2025-016 | WBS: 23-01756-05-03 Page 8

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 design, including methods for schedule recovery, if necessary.

f. 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 11”)

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 12”)

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.

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

RFQ: 2025-016 | WBS: 23-01756-05-03 Page 9 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

B. Understanding of the Project and Proposed Management Plan 30

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

RFQ: 2025-016 | WBS: 23-01756-05-03 Page 10 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) – Complete and submit a Contracts Disclosure Form with the proposal. The Contracts Disclosure Form may be downloaded and completed electronically at: https://webapp1.sanantonio.gov/ContractsDisclosure/

Click on the “Print” button at the bottom of the page and place a copy in proposal response as indicated in the Proposal Checklist.

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 Public Works 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 agreement. In this regard the Public Works 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 3%.

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

RFQ: 2025-016 | WBS: 23-01756-05-03 Page 11 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.

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

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(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 December 11, 2024, and close on February 3, 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

RFQ: 2025-016 | WBS: 23-01756-05-03 Page 13 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 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.

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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 January 15, 2025, 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.

D. By executing the Submittal Cover/Signature Sheet, Respondent agrees to be bound by the terms

RFQ: 2025-016 | WBS: 23-01756-05-03 Page 15 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. Prohibited Financial Interest

The Charter of the City of San Antonio and the City of San Antonio Code of Ethics prohibit a City officer or employee, as those terms are defined in §§ 2-42 and 2-52 of the Code of Ethics, from having a direct or indirect financial interest in any contract with City. 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:

A City officer or employee; their spouse, sibling, parent, child, or other family member within the first degree of consanguinity or affinity;

An entity in which the officer or employee, or their parent, child or spouse directly or indirectly owns 10% or more of the voting stock or shares of the entity, or 10% or more of the fair market value of the entity; or

An entity in which any individual or entity listed above is (i) a subcontractor on a City contract,

(ii) a partner or (iii) a parent or subsidiary entity.

By submitting a proposal, Respondent warrants and certifies, and a contract awarded pursuant to this RFQ is made in reliance thereon, that it, its officers, employees and agents are neither officers nor employees of the City.

H. Respondent is required to complete and submit a Contracts Disclosure Form with the proposal. The

Contracts Disclosure Form may be completed electronically:

https://webapp1.sanantonio.gov/ContractsDisclosure/

Click on the “Print” button at the bottom of the page and place a copy in your proposal response as indicated in the Proposal Checklist.

For more information on Ethics Code and Disclosures, please visit:

https://www.sa.gov/Directory/Departments/OCC/Ethics.

For more information on updates to the Ethics Code and Municipal Campaign Finance Code, RFQ: 2025-016 | WBS: 23-01756-05-03 Page 16 approved by City Council on May 2, 2024, and were effective on October 1, 2024, please visit:

https://www.sa.gov/Directory/Departments/OCC/Ethics/Revisions. Resources are available to include a Vendor Frequently Asked Questions (FAQs) with key changes and compliance requirements for vendors working with the City, including non-profit organizations. 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

RFQ: 2025-016 | WBS: 23-01756-05-03 Page 17 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:

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 in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based

RFQ: 2025-016 | WBS: 23-01756-05-03 Page 18 energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described in (A).

By submitting an offer to or executing contract documents with the City of San Antonio, Company hereby verifies that it does not boycott energy companies and will not boycott energy companies 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 that Discriminate Against Firearm and Ammunition Industries.

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 have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association.

"Discriminate against a firearm entity or firearm trade association": (A) means, with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association.

By submitting an offer to or executing contract documents with the City of San Antonio, Company hereby verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. City hereby relies on Company’s verification. If found to be false, City may terminate the contract for material breach.

Q. Texas Government Code § 2252.152:

Contracts with companies engaged in business with Iran, Sudan, or foreign terrorist organization prohibited.

Texas Government Code §2252.152:

Governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Texas Government Code §2270.0201 or §2252.153 "Listed Companies". Consultant/Contractor hereby certifies that it is not identified on such a list and that it will notify City should it be placed on such a list while under contract with City. City hereby relies on Consultant’s/Contractor's certification.