ESBD_447778_1755724109855_RFQ 25-034 Traffic Signal Optimization Solicitation (1) (1).pdf

City of New Braunfels RFQ 25-034 Traffic Signal Optimization

CITY OF NEW BRAUNFELS

REQUEST FOR QUALIFICATIONS

Traffic Signal Optimization Solicitation # RFQ 25-034

TxDOT CSJ 0915-00-301

Responses are Due: September 10, 2025

City Contact: Greg Gutierrez Buyer GGutierrez@newbraunfels.gov

Solicitation Notice

City of New Braunfels – RFQ 25-034 Traffic Signal Optimization TxDOT Project No.: 0915-00-301

The City of New Braunfels seeks qualifications for a professional to provide services related to “RFQ 25-034 Traffic Signal Optimization”

Solicitation documents may be obtained from Purchasing at the New Braunfels City Hall, 550 Landa Street, New Braunfels, Texas 78130 or go to:

https://www.bidnetdirect.com/texas/city-of-new-braunfels https://www.newbraunfels.gov/2694/Solicitations

Request for Qualifications will be received by the City of New Braunfels until 3:00 p.m. (CDT) September 10, 2025 for “RFQ 25-034 Traffic Signal Optimization”.

Responses received after the exact time and date set for submission will not be accepted.

This is a project that will be fund by the Federal Highway Administration

(FHWA).

Questions will be accepted until close of the day August 28, 2025 at 5:00pm.

Electronic Bids are accepted as per solicitation instructions. Physical Bids may also be submitted to:

City of New Braunfels, City Secretary, Attn: Purchasing 550 Landa Street, New Braunfels, TX 78130

Address and mark envelope:

Due: 3:00 p.m. (CST) September 10, 2025

The City of New Braunfels reserves the right to reject any and all proposals or to accept those deemed most advantageous.

To Be Published:

• August 12, 2025

• August 19, 2025 https://www.bidnetdirect.com/texas/city-of-new-braunfels https://www.newbraunfels.gov/2694/Solicitations

SOLICITATION

AND OFFER

City of New Braunfels Purchasing

550 Landa St New Braunfels, Texas 78130

Solicitation Number:

25-034 Traffic Signal Optimization

Request for Qualifications

Date Issued: August 12, 2025

SOLICITATION

• A non-mandatory Pre-Solicitation meeting will be hosted virtually via Teams on August 26, 2025 at 10 A.M. (CST)

• Questions concerning RFQ must be received, by email only, prior to 5:00P.M. CT on August 28, 2025.

• Statement of Qualifications (SOQs) are due by: 3:00 P.M. (CT), September 10, 2025

• Respondents must submit sealed Statement of Qualifications (SOQ) Electronically in Bidnet or manually containing one (1) signed original hardcopy and one (1) in electronic format (USB). Electronic Bid submissions do not require original hardcopy and USB to be submitted.

• There will not be a public opening.

• SOQs received after the time and date set for submission will be returned, unopened, upon request.

For information regarding this solicitation, contact:

(NO collect calls, Telegraphic, Email, or Fax offers accepted)

Greg Gutierrez, Buyer

Email: ggutierrez@newbraunfels.gov Phone: (830) 221-4398

5% Response Bond Required:

100% Payment Bond Required:

100% Performance Bond Required:

YES

NO

(If YES, See information in Section 5)

OFFER

(This portion must be fully completed by Respondent.) Respondent will comply with the Terms and Conditions required by the City of New Braunfels.

In compliance with the above, the undersigned offers and agrees to furnish any or all items or services awarded at the prices stipulated for each item delivered at the designated point(s) and within the time specified herein.

The Owner reserves the right to reject any and all bids and may reject a bid if a bidder does not acknowledge receipt of all addenda issued by the Owner.

CONTRACT AWARD SHALL INCLUDE ALL ASSOCIATED SOLICITATION DOCUMENTS, ATTACHMENTS, AND ADDENDA.

SIGNATURE IS MANDATORY; MANUALLY SIGN ORIGINAL DOCUMENT. SIGNATURE SHOULD ALSO BE REFLECTED ON USB

COPY.

Name

Name and Title of Person Authorized to Sign Offer:

E-Mail Address:

Phone Number:

and Address of Respondent:

Signature:

Date:

Name, Address, Email and Telephone Number of Person authorized to conduct negotiations on behalf of Respondent.

SECTION 2

TABLE OF CONTENTS

SECTION 1 – SOLICITATION AND OFFER 3

SECTION 2 – TABLE OF CONTENTS 4

SECTION 3 – SCOPE OF WORK 5

SECTION 4 – INSTRUCTIONS FOR RESPONSE 7

SECTION 5 – EVALUATION OF RESPONSES 11

SECTION 6 – AWARD OF CONTRACT 24

ATTACHMENT A – COMPANY INFORMATION 25

ATTACHMENT B – VENDOR CERTIFICATIONS 27

ATTACHMENT C - RECEIPT OF FEDERAL CLAUSES 30

ATTACHMENT D – DBE – PART 1 - REQUIREMENTS 31

ATTACHMENT D – DBE – PART 2 - CONTRACTOR’S LETTER OF INTENT 32

ATTACHMENT E – CERTIFICATION AND RESTRICTIONS ON LOBBYING 34

ATTACHMENT F – DEBARMENT AND SUSPENSION CERTIFICATION 35

ATTACHMENT G – CONFLICT OF INTEREST STATEMENT 37

ATTACHMENT H - 1295 FORM 40

ATTACHMENT I – EXCEPTIONS AND ALTERNATIVES FORM 41

EXHIBIT A – INSURANCE RIDER 46

EXHIBIT B – DBE PROGRAM PROVISIONS 48

EXHIBIT C – DRAFT CONTRACT FOR PROFESSIONAL SERVICES 55

APPENDIX 1 – STANDARD DOT TITLE VI ASSURANCE (DOT ORDER 1050.2)

GUIDELINES FOR CONTRACT PROVISIONS

SECTION 3

SCOPE OF WORK

3.1 BACKGROUND

Since 1845, the City of New Braunfels has provided a unique and diverse quality of life for its residents, visitors, and business community. Known for its German and Hispanic heritages, the City is nestled at the edge of the Texas Hill Country at the confluence of the Comal and Guadalupe rivers. New Braunfels is home to the world-famous Schlitterbahn Waterpark as well as Texas’ oldest dancehall (Gruene Hall) and bakery (Naegelin's).

The City of New Braunfels has a population of over 110,000 people and was the third-fastest growing city in the country from 2010-2019 (+56%). It covers approximately 45 square miles and is located between the San Antonio and Austin metro areas along the rapidly growly I-35 corridor.

The City of New Braunfels was awarded federal funding through the Alamo Area Metropolitan Planning Organization (AAMPO) Carbon Reduction Program (CRP) to collect data and implement updated traffic signal timing plans at the City’s 60 traffic signals, including 6 synchronized corridors.

Analysis of traffic patterns due to new commercial and residential developments will help identify priority corridors and implement improvements in all signal timings that would help to reduce stops, travel time, fuel consumption and overall emissions. Data collected for this project will not only be used to evaluate and optimize existing signal timings but will also be used to identify and implement short-term improvements such as lane assignment changes or signal head changes. The data could also identify longer term improvements for other programs, such as future bonds.

It is important to evaluate every signalized intersection operated by the City every five years to ensure that the signal timing is optimized for the traffic conditions and that further operational enhancements are not needed. Changes in traffic patterns due to new commercial and residential developments demand that this analysis occurs regularly. Locations along the City’s top 100 corridors experience the most traffic and therefore should be prioritized for analysis. This project will reduce travel time, number of stops, emissions, and fuel consumption for vehicles traveling on the identified priority corridors and minimize delays for all drivers. Data collected for this project will not only be used to evaluate and optimize existing signal timings but will also be used to identify and implement short term improvements (such as lane assignment changes or signal head changes) and also identify longer term improvements for other programs (such as future bond programs). The results of previous similar citywide projects showed an overall result of 32% fewer vehicular stops and 12% average reduction in travel time which resulted in a reduction of CO emissions by 51%.

This is a FHWA funded project supported by the Texas Department of Transportation (TxDOT). This project is funded with federal assistance through Federal Highway Administration (HWA) and the Alamo Area Metropolitan Planning Organization (AAMPO).

The City of New Braunfels (the “City”) is seeking Statement of Qualifications from professional service providers for design/engineering/architectural services for an FHWA funded project: [Carbon Reduction Traffic Signal Optimization Project and CSJ 0915-00-301. Responses are solicited for this service in accordance with the terms, conditions, and instructions set forth in this solicitation.

3.2 SCOPE OF WORK

The City of New Braunfels is seeking Professional Planning, Design, and Engineering expertise for the collection of data and implementation of updated traffic signal timing plans along the City’s top 100 corridors. Improvements in signal timing can reduce stops, travel time, and emissions, and have been shown to typically have very high benefit to cost ratios. Specific locations to analyze and specific tasks will be provided on a task order basis. However, it is anticipated that, in general, the following tasks will be performed:

1. Data collection This task involves the collection of traffic volume and intersection data. This task contains the following subtasks:

• 7-day traffic counts/24-hour traffic counts

• Intersection turning movement counts

• Travel time/delay information

• Intersection parameters and photos to include:

o Number of lanes on each approach o Lane assignments o Type and number of signal displays o Type and location of controller cabinet o Type of vehicle and pedestrian detection used o Posted speed limits and traffic signs at the intersection o Width of travel lanes and each pedestrian crossing o Location and Americans with Disabilities Act (ADA) compliance of pedestrian ramps

2. Timing Plan Development and Implementation Developing and implementing optimal traffic signal timing plans is a very crucial aspect of the project. The operation of the traffic signals is the most visible of all the project components and will most likely be the component by which citizens measure the overall success of the project. Due to this, it is imperative that due diligence is exercised in establishing optimal timing plans.

This task contains the following subtasks:

• Assessment of Existing Conditions o Field Observations o Synchro Models of Existing Conditions

• Development of short-term operational improvement recommendations including, but not limited to:

o Signal head replacements (i.e. changing from protected/permitted left turns to protected only, and vice-versa, Right Turn (RT) overlaps);

o Phasing changes (i.e. addition or removal of split phasing, changing the wiring and phasing scheme of the intersection);

o Detector replacements or additions; and, o Other low-cost improvements such as signing and striping modifications.

• Timing plan development, including:

o Basic Signal Controller Interval Timing o Coordinated Timing Plan Development

• Review of Existing Conditions and Recommended Timing with the City Staff

• Timing file/phase layout development

• Timing plan implementation

SECTION 4

INSTRUCTIONS FOR RESPONSE

4.1 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 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.

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 August 11, 2025

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

For additional communication information, see refer to Section 4.6-8 of this solicitation

4.2 SUBMISSION OF SOQs

• (a) OPTION 1: ELECTRONIC SUBMISSION. The City of New Braunfels has partnered with Bidnet as its e-procurement site. Electronic submissions can be made via the Bidnet website.

You must register as a vendor in order to complete an electronic submission.

Additional paper documentation is NOT required when submitting electronically.

OR

(b) OPTION 2: HARD COPY SUBMISSION. Deliver your Response, or changes to your Response, in SEALED ENVELOPES OR PACKAGES identified on outside with Respondent’s name and address. Failure to submit Response in this manner may subject Respondent to disqualification. Response may be delivered in person to the New Braunfels City Hall, or by Express Mail or delivery service to:

City Secretary’s Office/Front Lobby ATTN: Purchasing 550 Landa Street New Braunfels, TX 78130

The outside of the Response envelope or package must state:

“RFQ 25-034 Traffic Signal Optimization”

It is the sole responsibility of the Respondent to ensure timely delivery of the Response. Owner will not be responsible for failure of service on the part of the U.S.

Post Office, courier services, or any other form of delivery service chosen by the Respondent. RESPONSES RECEIVED AFTER THE CLOSING DATE AND TIME

WILL NOT BE ACCEPTED OR CONSIDERED.

(c) Responses may not be withdrawn after the time set for the closing, unless approved by the City.

4.3 SOLICITATION SCHEDULE

DATE MILESTONE

August 12, 2025 RFQ issued on https://city-of-new-braunfels.public-portal.us.workdayspend.com/

August 26, 2025 Pre-submittal Conference – VIRTUAL TEAMS LINK August 28, 2025 Deadline for Submission of Written Questions shall be 5:00 P.M.

September 10, 2025 Responses Due – 3:00 P.M.

September/October City Evaluation https://city-of-new-braunfels.public-portal.us.workdayspend.com/ https://city-of-new-braunfels.public-portal.us.workdayspend.com/

October Anticipated City Recommendation to TxDOT for Concurrence November Anticipated Contract Award to City Council

4.4 TERMS AND CONDITIONS

Terms and Conditions that apply to this solicitation can be found in EXHIBIT A: SAMPLE

AGREEMENT.

4.5 RESPONSE CONTENT

Respondents shall limit Responses for Tab 3-5 to ten (10) pages . Each Response, completed and signed by person(s) authorized to bind individual or legal entity, shall include the following in one envelope/package:

• TAB 1: Solicitation and Offer Form: Respondent must complete, and sign form located on Page 2.

• TAB 2: Documents:

a. Acknowledgement of Addenda (if applicable)

b. ATTACHMENT A: Company Information

c. ATTACHMENT B: Respondent Certifications

• TAB 3: Statement of Qualifications

• Background, Qualifications of Firm, Key Personnel, and Key Sub-Consultants o Proposed Key Personnel/Organizational Chart (1 pages) o Resumes (3 page per resume)

• TAB 4: Understanding of the Project and Proposed Management Plan and Schedule (3 pages)

• TAB 5: Relative Experience

• Project List of similar projects performed within the last five (5) years

(1page)

• General Experience (2 pages)

• TAB 6: Other Required Documents:

o One copy of Certificate of Insurability completed and signed o ATTACHMENT A – COMPANY INFORMATION o ATTACHMENT B – VENDOR CERTIFICATIONS o ATTACHMENT C - RECEIPT OF FEDERAL CLAUSES o ATTACHMENT D – DBE – PART 1 - REQUIREMENTS o ATTACHMENT D – DBE – PART 2 - CONTRACTOR’S LETTER OF INTENT o ATTACHMENT E – CERTIFICATION AND RESTRICTIONS ON LOBBYING o ATTACHMENT F – DEBARMENT AND SUSPENSION CERTIFICATION o ATTACHMENT G – CONFLICT OF INTEREST STATEMENT o ATTACHMENT H - 1295 FORM o ATTACHMENT I – EXCEPTIONS and ALTERNATIVES (Optional)

• TAB 7: Deviations from RFQ:

ATTACHMENT C: Exceptions and Alternatives Form. Respondent is to indicate any deviations being offered in lieu of specified language referenced in the solicitation and/or sample agreement.

4.6 RESTRICTIONS ON COMMUNICATIONS

The following restrictions on communications apply to this solicitation: Respondents are prohibited from contacting 1) City officials 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.

4.7 CONTACT FOR QUESTIONS

All questions concerning this solicitation shall be in writing to: Greg Gutierrez, Buyer, via email ggutierrez@newbraunfels.gov. All prospective Respondents are hereby instructed to not contact any member of the City of New Braunfels’ City Council,, or City of New Braunfels’ staff members other than the noted contact person. Any such contact may be cause for rejection of your Response.

4.8 RESPONSES TO QUESTIONS/INQUIRIES

Responses to questions/inquiries that directly affect an interpretation or change to this RFQ will be issued in writing by Purchasing as an addendum and posted via Bidnet.

All such addenda issued by the Purchasing Representative before the time that Responses are received shall be considered part of the RFQ. Only those inquiries the Purchasing Office replies to by addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect. Respondents shall be responsible for monitoring the City’s website or Bidnet for any updates pertaining to the solicitation described herein. Various updates may include addenda, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website.

4.9 PRE-SUBMITTAL CONFERENCE

A Pre-Submittal Conference is scheduled, for August 26, 2025 at 10:00 a.m. (CST). The Pre- Submittal Conference will be held via TEAMS meeting. Prospective Respondents may join the Teams meeting using the following instructions:

Join the meeting now Meeting ID: 263 265 923 417 4 Passcode: Eq7oj9E2

Dial in by phone +1 346-352-9877,,971423425# United States, Houston Find a local number Phone conference ID: 971 423 425#

Attendance at the Pre-Submittal Conference is optional, but highly encouraged.

Respondents who join the Pre-Submittal Conference are highly encouraged to email the solicitation’s point of contact person confirming Respondent attendance and participation through the Teams link.

4.10 COMPETITIVE RESPONSES

Responses will not be opened publicly. However, a list of respondents will be posted as part of the public solicitation on the City website.

SECTION 5

EVALUATION OF RESPONSES

5.1 SELECTION PROCESS

It is the intent of the City to make a single award from this solicitation, based on evaluation criteria listed in this solicitation and Respondent’s submitted Response; however, the City will award in the manner deemed most advantageous to the City.

The City’s evaluation team will rank Responses meeting the evaluation criteria and the requirements of the needed services outlined in the solicitation.

The Respondent selected for award will be awarded a Contract to provide services as specified contingent upon TxDOT (for FHWA projects) and City Council approval.

5.2 EVALUATION CRITERIA: The City of New Braunfels will review all Responses submitted in response to this solicitation using the criteria presented below and rank each Respondent. A Respondent will be recommended for award to City Council based upon the published selected https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGUxMDMyZTQtZDVjMi00MDg1LWE4NzgtMDNhNTc3NjIyMzRj%40thread.v2/0?context=%7b%22Tid%22%3a%22f9dd85a3-9550-40e4-9556-2c289ec045ee%22%2c%22Oid%22%3a%22cf671e40-33e2-40c8-8f8e-96845870f92a%22%7d tel:+13463529877,,971423425 https://dialin.teams.microsoft.com/a452e56d-e0b7-4331-8362-0ab5d6a61a49?id=971423425 criteria noted below. The evaluation committee recommendations are subject to approval by the City of New Braunfels City Council.

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

5.2.1 STATEMENT OF QUALIFICATIONS

Respondent shall provide a narrative document, as outlined in the Statement of Qualifications below, addressing all evaluation criteria in Section 5.2 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 submittal to indicate its team has met or exceeded the minimum qualifications provided in Section 5.2 of this RFQ in submittal.

A. Background, Qualifications of Firm, Key Personnel, and Key Sub-Consultants – TAB

3 - (40 Points)

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

1. Proposed Key Personnel/Organizational Chart (Indexed and Labeled as

“Tab 3”) –Provide a detailed organizational chart of Respondent’s proposed team, identifying key personnel who will be committed to work on the various tasks for this Contract (one (1) page).

Label assignments as:

a. Project Manager

b. Task Leader

2. Resumes (Indexed and Labeled as “Tab 3”) – Respondent shall submit three (1) page resumes for all its key team members. 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

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

Respondent shall describe its understanding of the Project and specific issues and challenges Respondent likely sees shall be involved, as well as the availability of labor resources (Respondent’s capacity to perform) in executing the scope of work required. Respondent shall 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 4”)

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

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

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

2. Proposed Management Plan (Indexed and Labeled as “Tab 4”)

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

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 all documents;

c. Describe Respondent’s approach to managing the quality of Subcontractors and Subconsultants;

d. Describe Respondent’s ability to coordinate work with all Project stakeholders; e. Describe Respondent’s approach to assuring timely completion of projects, including methods for schedule recovery, if necessary.

C. Relative Experience (30 Points)

(Indexed and Labeled as “Tab 6”)

The City is interested in evaluating Respondent’s team (including Sub-consultant(s), if applicable) experience with local processes and practices, as may be evidenced by working through federal funded projects . In narrative form, using a maximum of two (2) pages for Respondent’s response and one (1) page for Sub-consultant(s) response, if applicable, briefly describe Respondent’s team experience in the following areas, referencing projects related to that experience.

1. Experience (Indexed and Labeled as “Tab 6”) – City shall consider the relevance of past experience of Respondent. 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.

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

o Name and Description of the completed project, including any similarity to the

Project defined in this solicitation;

o Year(s) of work on the cited project;

o Respondent’s role in the cited project;

o Project Manager;

o Superintendent;

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

o Cited project’s proposed completion date and the actual completion date achieved (explain inconsistencies);

o 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: _ o b. Name of Owner’s representative:

o Representative’s Phone Number:

o Representative’s E-mail:

The City reserves the right to request additional information or clarifications from all Respondents and to allow corrections of errors or omissions.

5.3 OPTIONAL. The City may determine that it is necessary to interview short-listed firms prior to making a recommendation to the City Council. The City reserves the right to determine whether an interview will be conducted for every proposal.

5.4 OTHER CONSIDERATIONS. The City reserves the right to request additional information or consider historical information and facts, whether gained from the Response, references, or any other source, in the evaluation process, including checking for conflicts of interest, verification of debarment, and Respondent’s past working or business relationship with the City, if any. The City further reserves the right to consider a Respondent’s background, personnel, experience, financial and other references, management practices, exceptions to the RFQ or subsequent contract, and any working relationships, past or present, a Respondent may have with its other clients.

5.5 OPENED RESPONSE. A submittal may not be opened before the closing date for the purpose of changing or amending the submittal or to correct an error in the submittal terms or conditions. If the submittal is opened before the closing date by anyone other than the City, the submittal may be rejected in its entirety by the City.

5.6 Professional services are procured in accordance with Federal requirements, assurances and certifications that support 23 CFR 172 and Chapter 2254 of the Government Code, Title 10, Subchapter A, Professional Services. Selection of the most highly qualified respondent(s) will be made based on demonstrated competence and qualifications as determined by the City of New Braunfels based on the Qualifications submitted in response to this solicitation.

This Contract will be subject to and controlled by the Charter and ordinances of the City of New Braunfels and all applicable laws, rules and regulation of the State of Texas and the Government of the United States of America. Contractor shall, during the performance of the work, comply with all applicable City of New Braunfels codes and ordinances, as amended, and all applicable State of Texas and Federal laws, rules and regulations, as amended.

5.7 ADDITIONAL INFORMATION. At your option, provide in your Qualifications any contractual language, terms, conditions, considerations, or contingencies your company would request or require to be included in the negotiated contract between the City and the selected submitter, should your company be awarded a contract. Approval of such language, terms, conditions, considerations, or contingencies offered by a submitter remains with the City and in all cases the City’s decision is final.

5.8 LIMITATIONS

• Right to Accept or Reject. The City reserves the right to reject any or all submittals, to waive informalities and accept the submittal that the Owner believes is the most advantageous to the public interest and in keeping with the local government project procedures. The RFQ does not commit the City to award a contract, issue a purchase order, or pay any costs incurred in the preparation of a submission in response to this RFQ.

• Solicitation Response to Remain Subject to Acceptance. All responses will remain subject to acceptance for one hundred twenty (120) days after opening without acting.

• City Council Approval Required. The City of New Braunfels City Council may approve the Respondent selected to provide the services requested in this RFQ. The City reserves the right to authorize contract negotiations to begin without further discussion with Respondents submitting a Response. Therefore, each Response should be submitted as completely and accurately as possible. The City reserves the right to request additional data, oral discussions, or presentations in support of the written Response.

• Respondent’s Obligation Regarding Evaluation:

o Submission of Information. Submitters are cautioned that it is each Respondents sole responsibility to submit information related to the evaluation categories, and the City is under no obligation to solicit such information if it is not included with the Response.

Failure of a Respondent to submit such information may cause an adverse impact on the evaluation of the specific Response.

o Respondent Review of RFQ. Respondents are responsible for examining and being familiar with all specifications, terms, conditions, provisions, and instructions of the RFQ and their Responses. Failure to do so will be at the Respondents’ risk and will not be a determinative factor when awarding the contract for services.

• Oral Non-Binding. Any non-written representations, explanations, or instructions given by

City staff or City agents are not binding and do not form a part of, or alter in any way, the RFQ, a written Contract pertinent to the RFQ, or the awarding of the contract.

• Lobbying Prohibited. Respondents are prohibited from directly or indirectly communicating with City Council members regarding the Respondent’s qualifications or any other matter related to the eventual award of a contract for the services requested under this RFQ. Respondents are prohibited from contacting city staff members regarding their qualifications or the award of a contract, unless in response to an inquiry from the Purchasing Representative. Any violation will result in immediate disqualification of the Respondent from the selection process.

5.9 SUBCONTRACTING PROPOSAL

If subcontracting with another company or an individual on this project, this must be identified in your proposal, and the subcontractor’s credentials must be submitted with your proposal for the City’s review and evaluation consideration.

5.10 RESPONSE SPECIFICATIONS

• Modification or Withdrawal of Response. Responses cannot be altered or amended after the submittal deadline. Responses may be modified prior to the deadline only by providing a written notice by mail or email) to the Purchasing Representative at the address shown herein. A submitter’s Response may also be withdrawn in writing by providing the same notice by a submitter or the submitter’s authorized agent, providing the agents identify is made known and the agent signs the request to withdraw Response. HOWEVER, IN THE

EVENT OF WITHDRAWAL, THE SUBMITTER WILL NOT BE ALLOWED TO RESUBMIT.

This provision does not change the common law right of a Respondent to withdraw a Response due to a material mistake in the Response.

• Inquiries. To ensure fair and objective evaluation, all questions related to this RFQ should be addressed only to the persons named in Section 3.5 of this solicitation.

• RFQ Interpretation; Addendum. Any interpretations, corrections, or changes to this RFQ will be made by addenda through:

o Bidnet o City’s Website

Respondents shall acknowledge receipt of all addenda per the instructions to be attached to addenda.

5.11 INDEMNITY AGAINST LOSS

A. Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the contractor, its employees, subcontractors, agents and consultants for the accuracy and competency of their supplies, equipment, or services provided hereunder;

nor shall such approval be deemed to be an assumption of such responsibility by City of New Braunfels for any defect, error or omission in the supplies, equipment, or services provided by the contractor, its employees, subcontractors, agents and consultants.

Contractor shall indemnify, hold harmless and defend City of New Braunfels, their officers, agents and employees from any loss, damage, liability or expense, including reasonable attorney’s fees, on account of damage to property and injuries, including death, to all persons, including employees of the contractor or any of its consultants, which may arise from any negligent act, error or omission, on the part of the contractor, its employees, agents, and consultants, pursuant to this contract.

B. The City does not assume any liability to third persons, nor will the City reimburse the

Contractor for its liability to a third person, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the performance of this contract or any subcontract hereunder, and Contractor further agrees to provide the defense for, and indemnify and hold harmless City from any and all claims, suits, causes of action, and liability, arising in connection with this contract.

5.12 NON-NEGOTIABLE TERMS

The following terms or conditions are not negotiable:

a. 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 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.

b. Unfunded Liability. The City will not incur a debt or obligation to pay selected Contractor any amounts the City does not have the current funds available to pay, unless the contract includes a provision for the City to appropriate funding for the debt or obligation.

c. Advance Payments. The City will not make advance payments to a selected Proposer or any third party pursuant to this RFP or resulting contract.

d. Gift of Public Property. The City will not agree to any terms or conditions that cause the City to lend its credit or grant public money or anything of value to the selected Proposer.

e. Procurement Laws. The City will not agree to any terms or conditions that cause the City to violate any federal, Texas, or local procurement laws, including its own charter.

f. Limitation of Liability. The City will not agree to allow the selected Proposer to limit its liability for breach or default of contract to the contract amount or to the amount the City has paid up to the time of the breach or default.

g. Attorney’s fees; Legal Costs. The City will not agree to pay the selected Proposer attorney’s fees or other legal costs under any circumstances.

h. Delinquent Payments; Interest. The City will not consider a payment delinquent, which is made within 30 days of receipt of the selected Proposer’s approved invoice, in accordance with Texas law. If the City does not pay what is due and owing within the 30 days, the City will not agree to pay more than 1% interest per month on the overdue amount, in accordance with Texas law.

i. Venue; Applicable Law. This solicitation and the awarded contract shall comply with all applicable Federal law and the laws of the state of Texas to the extent that they do not conflict with Federal law. The terms and conditions of the contract awarded pursuant to the RFP are fully performable in Comal County, Texas and venue for any dispute regarding contract shall be in Comal County, Texas.

5.13 STATE AND LOCAL LAW DISCLAIMER

All regulations listed in this document apply to the Third-Party Contractor in the same manner as they apply to The Authority. Offers will be received and reviewed, but no contract shall be awarded until all applicable Federal, State and Local Government regulations have been complied with.

5.14 FEDERAL REQUIREMENTS AND SUPPORTING DOCUMENTATION

23 CFR 172.9 (c) - All contracts and subcontracts shall include the following provisions,

(i) Administrative, contractual, or legal remedies in instances where consultants violate or breach contract terms and conditions, and provide for such sanctions and penalties as may be appropriate;

(ii) Notice of contracting agency requirements and regulations pertaining to reporting;

(iii) Contracting agency requirements and regulations pertaining to copyrights and rights in data;

(iv) Access by recipient, the subrecipient, FHWA, the U.S. Department of Transportation's Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions;

(v) Retention of all required records for not less than 3 years after the contracting agency makes final payment and all other pending matters are closed;

(vi) Standard DOT Title VI Assurances (DOT Order 1050.2);

(vii) Disadvantaged Business Enterprise (DBE) assurance, as specified in 49 CFR 26.13(b);

(viii) Prompt pay requirements, as specified in 49 CFR 26.29;

https://www.ecfr.gov/current/title-49/section-26.13#p-26.13(b) https://www.ecfr.gov/current/title-49/section-26.29

(ix) Determination of allowable costs in accordance with the Federal cost principles;

(x) Contracting agency requirements pertaining to consultant errors and omissions;

(xi) Contracting agency requirements pertaining to conflicts of interest, as specified in 23 CFR

1.33 and the requirements of this part; and

(xii) A provision for termination for cause and termination for convenience by the contracting agency including the manner by which it will be effected and the basis for settlement.

(2) All contracts and subcontracts exceeding $100,000 shall contain, either by reference or by physical incorporation into the language of each contract, a provision for lobbying certification and disclosure, as specified in 49 CFR part 20.

5.15 FEDERAL-AID PROVISIONS

The proposing Consultant’s services are federally funded, which necessitate compliance with additional requirements. Federal Procurement Regulations establish certain submissions be required from any third-party contract the City enters into with any vendor. In order that the City may be compliant with the Federal Requirements of each vendor is required to complete and submit as a part of the offer package, completed certifications as defined in this section. Also required are the supporting Attached forms. The proposing Consultant shall complete and submit the following forms with the proposal to be considered responsive. These forms and instructions are provided as exhibits A-H.

Failure to supply the required certifications shall result in the determination of the offer as “non-responsive”.

5.15.1 DISADVANTAGE BUSINESS ENTERPRISE (DBE) INFORMATION

This solicitation is financed in whole or in part and therefore subject to Title 49, Code of Federal Regulations, Part 26.13 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. To ensure equal participation for Disadvantaged Business Enterprise (DBE) groups specified in 49 CFR 26.5, a DBE participation is required. Only participation by certified DBEs will count toward the contract goal for this solicitation. In order to count toward a contract goal, a firm must be certified by the Texas Unified Certification Program (CUCP) and possess the work codes applicable to the type of work the firm will perform on the Agreement by the SOQ submittal due date. For a list of work codes, go to https://www.txdot.gov/business/disadvantaged-small-business-enterprise/dbe-airport-concessions/dbe-certification-tucp.html

It is the proposer’s responsibility to verify that the DBE firm is certified as a DBE by the specified SOQ submittal due date and time. For a list of DBEs certified by the CUCP.

https://www.ecfr.gov/current/title-23/section-1.33 https://www.ecfr.gov/current/title-23/section-1.33 https://www.ecfr.gov/current/title-49/part-20 https://www.txdot.gov/business/disadvantaged-small-business-enterprise/dbe-airport-concessions/dbe-certification-tucp.html https://www.txdot.gov/business/disadvantaged-small-business-enterprise/dbe-airport-concessions/dbe-certification-tucp.html

Reference “Statement of Qualifications Submittal Requirements” for detailed information and references to the required forms. Required forms will be made part of the agreement. Failure to meet the DBE goal or Good Faith Effort requirements and provide required DBE participation at due date and time of SOQ submittal may result in the SOQ submittal being rejected as non-responsive.

• Recommended Vendor. The most qualified and recommended vendor must submit

DBE commitments to satisfy the Race-Neutral DBE goal for this project of 0%.

• Race-neutral DBE participation is encouraged and suggested. Race-neutral participation is achievable through various opportunities such as DBE material supplier, subcontracting, etc.

5.15.1.1 Prompt Payment:

• The Contractor is required to pay its DBE subcontractors performing Work related to this Contract and the Project for satisfactory performance of such Work no later than thirty (30) days after the Contractor’s receipt of payment for that Work from contractor per 49 CFR 26.29.

• The Contractor may not hold retainage from its DBE subcontractors and must return any retainage payments to those DBE subcontractors within thirty (30) days after the DBE subcontractor’s Work related to this Contract and the Project is satisfactorily completed or must return any retainage payments to such DBE subcontractors within thirty (30) days after incremental acceptance of the DBE subcontractor’s Work by Metro and Contractor’s receipt of the partial retainage payment related to the DBE subcontractor’s work.

5.15.2 EQUAL EMPLOYMENT OPPORTUNITY

All responsible proposers will receive consideration for award of contract without regard to race, color, religion, sex, or national origin.

5.15.3 NONDISCRIMINATION: The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

5.15.4 TERMINATIONS

Upon written notice, the Contractor agrees that the Federal Government may suspend or terminate all or any part of the Federal assistance to be provided for the Project if the Recipient has violated the terms of the Grant Agreement or Cooperative Agreement for the Project including this Master Agreement, or if the Federal Government determines that the purposes of the laws authorizing the Project would not be adequately served by the continuation of Federal assistance for the Project. The Contractor understands and agrees that any failure to make reasonable progress on the Project or any violation of the Grant Agreement or Cooperative Agreement for the Project, or this Master Agreement that endangers substantial performance of the Project shall provide sufficient grounds for the Federal Government to terminate the Grant Agreement or Cooperative Agreement for the Project. In general, termination of Federal assistance for the Project will not invalidate obligations properly incurred by the Contractor before the termination date to the extent those obligations cannot be canceled. If, however, the Federal Government determines that the Contractor has willfully misused Federal assistance by failing to make adequate progress, by failing to make reasonable and appropriate use of Project property, or by failing to comply with the terms of the Grant Agreement or Cooperative Agreement for the Project including this Master Agreement, the Federal Government reserves the right to require the Contractor to refund the entire amount of Federal assistance provided for the Project or any lesser amount as the Federal Government may determine. Expiration of any Project time period established for the Project does not, by itself, constitute an expiration or termination of the Grant Agreement or Cooperative Agreement for the Project.

5.15.5 ANTI-LOBBYING AND PROCUREMENT (Certification- Exhibit E)

Lobbying activities or representations by the Bidder are prohibited between the date that the Invitation for Bid (IFB) is issued and the date of contract execution. During a no-contact period, a bidder shall make a representation only through the authorized contact person.

During the no-contact period, a bidder may not make a representation to a City official or to a City employee other than to the authorized contact person. This prohibition also applies to a vendor that makes a representation and then becomes a bidder.

The prohibition of a representation during the no-contact period applies to a representation initiated by a bidder, and to a representation made in response to a communication initiated by a City official or a City employee other than the authorized contact person

Contractors who apply or submit for an award of $100,000 or more shall execute and submit with their bid or offer, the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non- Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

5.15.6 INSURANCE AND LIABILITY COVERAGE

During the period of this contract, Contractor shall maintain at his expense, insurance with limits not less than those prescribed in the Contract Documents. Refer to the City’s Insurance Requirements in Exhibit A.

5.15.7 ACCESS TO RECORDS

Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FHWA Recipient or a sub-grantee of the FHWA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FHWA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

Where any Purchaser which is the FHWA Recipient or a sub-grantee of the FHWA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FHWA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.