ESBD_File_334054_RFP 23-089 Specs All.pdf

REQUEST FOR PROPOSAL

TRAFFIC CONGESTION AND MOBILITY ANALYSIS

RFP #23-089

DUE DATE: SEPTEMBER 7, 2023

@ 2:00 P.M. CT

CITY OF COLLEGE STATION, TEXAS

PO Box 9960

1101 Texas Ave.

College Station, Texas 77840 www.cstx.gov http://www.cstx.gov/

CONTENTS

Introduction

Definitions, Terms and Conditions

Special Provisions

Background/General Information

Scope of Work

Format Requirements

Evaluation Factors

Certification

Standard Form of Agreement Contract Exhibit A

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INTRODUCTION

The City of College Station is soliciting Proposal(s) (RFP’s) from firm(s) who are interested and qualified to conduct a Traffic Congestion & Mobility Analysis.

It is the intent of the City of College Station to select a single consultant to accomplish all the services outlined in this Request for Proposal.

Electronic response packages, in the format prescribed herein, shall be uploaded to Brazos Valley e- Marketplace (“Bidding Portal”) until 2:00 p.m. CT on September 7, 2023. Proposals received after the specified submission deadline will not be accepted. Click here for an online response tutorial.

In order to ensure a fair and objective evaluation, all questions and inquiries related to this Request for Proposal shall be addressed in writing via the Q&A feature available through the Bidding Portal.

The deadline for written questions is 2:00 p.m. CT on August 31, 2023.

NOTE: Solicitation opportunities are posted on the Brazos Valley e-Marketplace (“Bidding Portal”).

Some solicitations, but not all, are conducive to receipt of response packages via the Bidding System.

Uploaded responses are encrypted and remain effectively locked until the due date and time. To download solicitation documents, upload proposals and to submit questions online, vendors must be registered with the Bidding System. To register, please visit the Brazos Valley e-Marketplace website and click on Supplier Registration. (Please note that the City of College Station is not responsible for high internet traffic/demand at or near the time the response packages are due and that firms submitting their response package during peak traffic times risk their submittal not being received by the due date and time.

Schedule of Important Dates The tentative schedule for this Request for Proposal is as follows:

Release RFP to Vendors ……………………………………………………………….August 17, 2023 Deadline for Questions and Inquiries ………………………………………………….August 31, 2023 Proposal Submission Deadline ………………………………………………………September 7, 2023 Contract Evaluations/Negotiations……………………………………………………………September Earliest Award by City ……………………………………………………………...September/October

RFP 23-089 Traffic Congestion & Mobility Analysis 3 of 16 https://brazosbid.ionwave.net/ https://brazosbid.ionwave.net/ https://www.cstx.gov/UserFiles/Servers/Server_12410832/File/Departments/Fiscal%20Services/OnlineBiddingQuickTutorial.pdf

DEFINITIONS, TERMS AND CONDITIONS

Definitions In order to simplify the language throughout this request for qualification, the following definitions shall apply:

BRAZOS VALLEY E-MARKETPLACE – Same as Bidding Portal.

CITY OF COLLEGE STATION – Same as City.

CITY COUNCIL – The elected officials of the City of College Station, Texas given the authority to exercise such powers and jurisdiction of all City business as conferred by the State Constitution and Laws.

CONTRACT – An agreement between the City and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity and/or service specified.

CITY – The government of the City of College Station, Texas.

FIRM (CONSULTANT) – The successful Offeror of this request.

NO-CONTACT PERIOD – The period of time from the date a Request for Proposals (RFP) is issued until a contract is executed. If the City withdraws the RFP or rejects all proposals with the stated intention to reissue the same or a similar RFP for the same or similar project, the no-contact period continues during the time period between the withdrawal and reissue.

OFFEROR – A vendor who submits a Proposal directly to the City.

RFP – Request for Proposal

Electronic Documents Offerors may be supplied with the original documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, Offerors agree not to edit or change the language or format of these documents. Submission of a proposal by Offerors signifies full agreement with this requirement.

Receipt of Proposals Proposals must be received by the Purchasing Division prior to the firm submission deadline to be accepted. Please do not wait until the last minute to upload electronic proposals to the Bidding Portal Please allow no less than one (1) hour before the submission deadline to begin the upload process.

Proposals not submitted by the time the bidding system officially closes this RFP will not be accepted by any other means.

Addenda If it becomes necessary to revise any part of this RFP, a written addendum will be posted on the Bidding Portal. The City is not bound by any oral representations, clarifications, or changes made in the written specification by the City’s employees, unless such clarification of change is provided to Offerors in written addendum form. It shall be the sole responsibility of the Offeror to verify issuance of any addenda and to check all avenues of document availability prior to the specified submission deadline.

Offeror shall acknowledge receipt of all addenda in accordance with the RFP requirements.

Offeror Conduct To ensure a fair, equitable and competitive proposal process for all participating Offerors (Firms), during the No-Contact Period, Offerors and individual(s) acting on an Offeror’s behalf are

RFP 23-089 Traffic Congestion & Mobility Analysis 4 of 16 prohibited from communicating with any City official, City employee or City agent other than the authorized contact person(s) in the Purchasing Division.

This prohibition expressly includes any communication with any City Official, City employee or City agent that is intended to or that is reasonably likely to:

a) advance the interests of the Offeror;

b) discredit the proposal of another Offeror;

c) encourage the City to cancel the proposal process;

d) encourage the City to reject all of the proposals received; or

e) directly or indirectly ask, influence or persuade any City official, City employee, City agent or City board, committee or body to favor or oppose, recommend or not recommend, vote for or against, consider or not consider, or take action or refrain from taking action on any vote, decision or agenda item regarding the proposal.

Offerors may be disqualified and rejection of proposal may be recommended for violating this provision.

Further, Offerors violating this section may be subject to the City’s Vendor Suspension and Debarment Policy.

This provision does not prevent an Offeror from filing a formal proposal protest in accordance with the City’s policy and procedures, making public statements to the City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action or to a City Council committee convened to discuss a recommendation regarding the proposal.

See Chapter 17 of the online Purchasing Policy Manual for details regarding Bid Protests.

Reservations The City reserves the right to accept or reject any or all Proposals as a result of this request, to negotiate with all qualified sources, or to cancel, in part or in its entirety, this Request for Proposal if found in the best interest of the City. All Proposals become the property of the City of College Station.

Reimbursements There is no express or implied obligation for The City of College Station to reimburse responding firms for any expenses incurred in preparing Proposals in response to this Request for Proposal and City of College Station will not reimburse responding firms for these expenses, nor will City pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

Certification The Certification form must be fully completed and submitted with proposals. Proposals lacking the required Certification form may be considered non-responsive and may be rejected.

Standard Contracts Should this Request for Proposal include any of the City’s Standard Contracts, a statement of willingness to utilize the City of College Station Standard Agreement for Consulting Services (attached) must be provided. The Offeror should review the attached Standard Form of Agreement thoroughly.

RFP 23-089 Traffic Congestion & Mobility Analysis 5 of 16 https://www.cstx.gov/UserFiles/Servers/Server_12410832/File/Departments/Fiscal%20Services/ProcurementManual.pdf

Management Should there be a change in ownership or management, the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable by either party.

Payment Terms Invoices must be submitted by the vendor in duplicate to the City of College Station, Accounting Dept., P.O. Box 9973, College Station, Texas 77842-0973. Vendors are encouraged to e-mail invoices to vendorinvoiceentry@cstx.gov. If invoices are subject to cash discount, discount period to be taken from the date of completion of order or date of receipt of invoice, whichever occurs last regardless of whether of not correct discount terms appear on invoice. All invoices to be paid in full within 30 days after satisfactory delivery of services and billing.

Virtual Payment Method For increased payment and financial information security, the Contractor must use the City’s approved virtual payment card system or digital payment system for all payments, storing, and modifications of financial information used for City payments to the Contractor. Any related reasonable fees paid by the Contractor for use of the virtual payment card system or digital payment system may be passed through to the City. The City may choose by written agreement to use electronic funds transfers for payments. If so, vendors must complete an authorization form and submit it to our Accounts Payable Division. Forms may be requested from and submitted to Accounts Payable via email at vendorinvoiceentry@cstx.gov.

Fraud Reporting To reduce the risk of fraud and to protect the Contractor’s financial information from fraud, the Contractor must report to the City in writing at vendorinvoiceentry@cstx.gov if the Contractor reasonably suspects or knows if any of their financial information has been subject to fraudulent activity or suspected fraudulent activity.

Negotiations Negotiations may be conducted with responsible offeror(s) who submit Proposals that are reasonably susceptible of being selected. All Offeror(s) reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview with the Selection Committee. Following any presentation and/or interviews, Offerors will be ranked in order of preference and contract negotiations will begin with the top ranked firm. Should negotiations with the highest ranked Offeror fail to yield a contract, or if the Offeror is unable to execute said contract, negotiations will be formally ended and then commence with the second highest ranked firm, etc.

However, the City, may in its sole discretion, negotiate and award a contract without presentations or interviews, based solely on information supplied in the proposal responses.

Disclosure At the public opening, there will be no disclosure of contents to competing firms, and all Proposals will be kept confidential during the negotiation process. Except for trade secrets and confidential information which the Offeror identifies as proprietary, all Proposals will be open for public inspection after the contract award.

RFP 23-089 Traffic Congestion & Mobility Analysis 6 of 16 mailto:vendorinvoiceentry@cstx.gov

Award of the Contract Although the cost of products and services to be provided is an essential part of this RFP, the City is not obligated to award a contract on the sole basis of cost. Award of the contract shall be made to the responsible offeror(s) whose proposal is determined to offer the best value resulting from negotiations, taking into consideration the relative importance of price and the evaluation factors set forth in this request for qualifications. In determining the best value for the City, the City may also consider, but is not necessarily limited to, the following factors:

a. Conformity to specifications;

b. the purchase price, including payment discount terms;

c. the reputation of the bidder and of the bidder’s goods or services;

d. the quality of the bidder’s goods or services;

e. the extent to which the goods or services meet the City’s needs;

f. the bidder’s past relationship with the City;

g. the impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities;

h. delivery terms;

i. payment terms;

j. availability of repair and maintenance parts;

k. financial condition;

l. products or services that have a lesser or reduced effect on human health and the environment when compared with competing products and services that serve the same purpose. This comparison may consider raw materials acquisition, product, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service;

m. the total long-term cost to the City to acquire the bidder’s goods or services; and

n. any relevant criteria specifically listed in this request for proposal.

Interlocal Agreement Successful offeror agrees to extend prices and terms to all entities who have entered or will enter into joint purchasing interlocal cooperation agreement(s) with the City of College Station.

Personal Interest College Station City Charter Article XII: General Provision; Section 116. Members of the City Council and officers and employees of the City shall comply with state law pertaining to conflicts of interest of local government officials, including TEXAS LOCAL GOVERNMENT CODE, Chapter 171. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the contract voidable by the City Council or City Manager.

Disclosure of Interested Parties Contracting hereunder may require compliance with §2252.908 Texas Government Code/Disclosure of Interested Parties for contracts that (1) require an action or vote by the City Council before the contract may be signed; or (2) has a value of at least $1 million. The law provides that a governmental entity may not enter into certain contracts with a business entity

RFP 23-089 Traffic Congestion & Mobility Analysis 7 of 16 unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity or state agency.

For purposes of this section, the following definitions apply:

“Interested party” means a person who has a controlling interest in a business entity with whom the City contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker intermediary, advisor, or attorney for 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.

“Intermediary,” 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 City on behalf of the business entity regarding the contract; and

3. Is not an employee of the business entity.

The process as implemented by the Texas Ethics Commission (“TEC”) is as follows:

1. The disclosure of interested parties must be performed using the Texas Ethics Commission’s electronic filing application listing each interested party of which the business entity is aware on Form 1295, obtaining a certification of filing number for this form from the TEC, and printing a copy of it to submit to the City.

2. The copy of Form 1295 submitted to the City must contain the unique certification number from the TEC. The form must be filed with the City pursuant to §2252.908 Texas Government Code, “at the time the business entity submits the signed contract” to the City.

The City, in turn, will electronically acknowledge the filed Form 1295 not later than the 30th day after the date the City receives the Form 1295 from the business entity. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website.

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SPECIAL PROVISIONS

Financial Condition Contractor must provide audited financial statements within 30 days, if requested, to the City.

Contract Terms and Conditions It is understood that any resulting contract executed will contain the Indemnification and Release language in Exhibit A, Consultant Contract, Article VIII, Indemnification and Release.

Insurance Requirements Prior to contract approval and execution by the City, the Successful Offeror shall furnish certificates of insurance meeting the requirements detailed in Exhibit A, Consultant Contract, Article IX, Insurance.

BACKGROUND/GENERAL INFORMATION

Purpose The City of College Station (“the City”) is requesting proposals from qualified firms to conduct a traffic congestion and mobility analysis, comprising of a congestion and mobility report, context-sensitive congestion maps, and a congestion mitigation toolkit document. With the City’s population projected to increase to approximately 145,000 by 2030, the City will face increased demand for a safe, reliable mobility system with a wide range of quality mobility options for residents and visitors.

The City of College Station contains 51.2 square miles and had a population of 120,611 as of the 2020 Census and an estimated current population of 126,667 as of May 2023. According to Texas A&M Transportation Institute (TTI), from 1982 to 2019, the annual hours of delay per commuter increased from 9 hours to 32 hours and from 2010 to 2019, the number of commuters increased 32% while hours of delay per commuter increased 17%. Being the proud home of Texas A&M University, the university campus with the largest enrollment in the nation, College Station’s resident population is over 40% students, resulting in a high demand for a diversity of mobility options in the system, as well as the highest number of transit rides per person and highest percentage of bicycle commuters in the state of Texas. The presence of the university also results in unique congestion characteristics including non-traditional peaking patterns, a seasonal population, and traffic patterns responding to a centralized area of employment. In addition to Texas A&M University, the City of College Station works with several regional partners in the construction, planning, and management of the mobility system, including the Texas Department of Transportation, the City of Bryan, the Bryan/College Station Metropolitan Planning Organization (BCSMPO), the Brazos Transit District, and the Brazos County Regional Mobility Authority.

College Station’s Traffic Congestion & Mobility Analysis will supplement previous traditional travel demand modeling and transportation system analysis undertaken by the BCSMPO, which was used to inform the 2045 BCSMPO Metropolitan Transportation Plan, which proposes performance objectives and specific projects for the regional transportation network, and the 2050 MPO Thoroughfare Concept

RFP 23-089 Traffic Congestion & Mobility Analysis 9 of 16 for arterials and freeways, which has been adopted into the City of College Station Thoroughfare Plan.

In addition to the regional trip volumes forecasted by the BCSMPO, the College Station Traffic Congestion & Mobility Analysis seeks to gain a holistic picture of the impacts of both congestion and congestion mitigation measures on the quality of life and economic prosperity of College Station. This analysis should give particular consideration to impacts on the safety and comfort of active transportation facilities and propose a diversity of congestion mitigation measures to supplement the construction-based efforts proposed in the 2050 BCSMPO Thoroughfare Concept and the 2045 BCSMPO Metropolitan Transportation Plan. As the MPO’s efforts are more concerned with the regional transportation and mobility network, this Traffic Congestion & Mobility Analysis will focus its analysis on the more localized network, considering context-sensitive approaches to congestion management.

This Traffic Congestion & Mobility Analysis seeks to establish data metrics that can be used to track citywide congestion trends on an annual basis, identify congested corridors using a context-sensitive approach, propose a congestion mitigation toolkit which shall include travel demand management techniques, policy recommendations, traffic data tools, construction projects, and operational management methods.

SCOPE OF WORK

The successful consultant(s) will provide technical expertise on holistic congestion analysis methods, support staff at various phases throughout the project, and develop project deliverables as detailed in this Scope of Work and enumerated in the Deliverables section below. The budget for this project is approximately $80,000 and the timeframe is approximately eight (8) months. The Scope of Work serves as a general framework and must be incorporated into the consultant(s) RFP response. However, the proposed Scope of Work is not limited to these services and the final scope will be developed in collaboration with the selected consultant(s) and the City prior to contract approval.

1. Project Management Plan The consultant will develop a Project Management Plan which will be shared with the staff at the beginning of the contracted schedule. Staff will provide the following data to the consultant: the City’s most recently updated TransCAD travel demand model, GIS data, traffic counts gathered during traffic impact analyses, traffic signal phasing information, and additional traffic counts and bicycle/pedestrian counts on an as-needed basis.

2. Project Schedule Project participation by the selected consultant(s) is anticipated to begin in late October 2023, and shall occur over a time frame of eight (8) months. The consultant shall include time for regular meetings and work sessions with City staff to provide progress updates at least once every two weeks.

3. Presentations and Communications City staff will provide updates to City staff members, the Planning & Zoning Commission, City Council and/or other governing boards or other key stakeholders during the development of the plan. The successful consultant should plan to attend and assist with three (3) public meetings with potential additional meetings. Please include a line item in the RFP proposal to attend and assist with facilitation of three (3) public meetings. Additionally, include a supplementary line item containing the cost per meeting for additional public meetings.

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4. Annual Congestion and Mobility Report Process The consultant(s) will work together with staff to develop a list of performance measures that will be used by staff to develop a congestion and mobility report on an annual basis and track congestion trends.

The performance measures should include metrics which consider the impacts of congestion and the compounding impacts of area transportation projects on a variety of quality of life and economic indicators, modal choice behaviors, and environmental impacts. The consultant will develop a set of concrete target goals, prepare an initial congestion and mobility report, and provide staff with a template and methodology for reproducing the analysis in subsequent years.

5. Congested Corridor Identification and Mapping The consultant(s) will establish contextually appropriate congestion levels for various regions of the city, taking into account trip lengths and commute travel times, the impacts of congestion on speed and system capacity, as well as safety impacts to the active transportation system. The consultant(s) will use this information to develop graphics identifying existing and projected congested segments which may be candidates for congestion mitigation projects, as well as identify corridors which have or currently propose a contextually inappropriate cross section that negatively impacts travel demand management efforts, for consideration in projects and revisions to the Thoroughfare Plan.

6. Congestion Mitigation Toolkit The consultant(s) will assist staff in preparing a document which assesses how the City’s land use and transportation network impacts congestion, traffic patterns, and modal choice, and proposes a variety of congestion mitigation strategies which fall under the broader categories of 1) traffic operational management strategies and equipment (e.g., artificial intelligence technology), 2) travel demand management and alternative travel mode strategies, and 3) physical roadway capacity. The document should evaluate each strategy for generalized costs, benefits, implementation timeframe, and other factors for consideration. This congestion mitigation toolkit should make policy recommendations and encourage the implementation of modest, small-scale projects that will reduce traffic delay, increase mobility, improve air quality, and reduce fuel/energy consumption and costs for citizens and the City, in favor of large-scale roadway capacity construction projects.

7. Consultant Deliverables:

The following is a list of the minimum deliverables for the project:

• List of congestion and mobility performance measures to be used in annual congestion and mobility report and an initial congestion and mobility report, with a template and methodology for staff to use in development of mobility report, and any associated models that will need to be maintained by staff in order to do so, with recommendations toward software that will be necessary to maintain any models

• Context-sensitive congestion model, using the City’s existing travel demand model and to be provided to staff for upkeep, and maps, showing existing and future congestion conditions without mitigations

• Toolkit of congestion mitigation strategies o Brief descriptions, discussions of appropriate situations for strategies, overview of cost, benefits, and other factors for consideration o Policy recommendations and actionable steps to implementing strategies o Recommendations toward updated traffic operational equipment

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• Attend and assist with facilitation of public meetings

The deliverables must be in a form that is reproducible and can be updated by City staff. All files and databases will be given to the City for future use, preferably in Microsoft Office, ESRI ArcGIS formats, and specific modeling formats. All relevant GIS data, modeling files, digital map documents, associated tables, etc. will be provided to the City at the end of the project in ESRI ArcGIS file geodatabase(s) and an .mxd or map package format. For new GIS data and maps, formatting and standards will be created in coordination with City Staff to ensure they can be used later by the City. Relevant metadata, if applicable, will be created and provided to the City.

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FORMAT REQUIREMENT

Electronic response packages, in the format prescribed herein, shall be uploaded to Brazos Valley e- Marketplace (“Bidding Portal”). (Please note that the City of College Station is not responsible for high internet traffic/demand at or near the time the response packages are due and that firms submitting their response package during peak traffic times risk their submittal not being received by the due date and time.)

The City of College Station requires comprehensive responses to every section within this RFP. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Firms regarding content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. The proposal shall clearly separate and identify responses into Tabs A-E and each tab shall include the information outlined below. Proposals that do not comply with the format requirements specified herein may be considered non-responsive and may be rejected.

TAB A Qualifications and experience

1. Introduce your firm and provide a summary of the administration, organization, and staffing, to include multiple offices, if applicable. Provide an organizational chart indicating the positions and names of the core management team that will undertake this planning effort.

2. Identify the project manager and individual(s) who will work as part of planning effort. Include resumes for each person to be assigned. Include any professional designations and affiliations, certifications, and licenses.

3. Describe the experience of the firm in the last thirty-six (36) months in performing consulting services in similar size and scope. Provide the same information for any associate firm or sub-consultant(s).

TAB B Rates and expenses

1. Provide a proposed fee schedule itemized by task. Express your administrative fee in a lump sum not-to-exceed maximum amount and separate price for travel and related expenses (if applicable).

2. Firm shall incur no travel or related expenses chargeable to the City without prior approval by an authorized City representative.

3. Consultants may submit proposals on any task or combination of tasks and may propose alternate payment methods (i.e.: hourly rates). However, expenses not specifically listed will not be considered.

4. The actual contract amount will be negotiated after the consultant has been selected and the scope of work finalized.

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TAB C Methodology including technical approach and understanding of the scope of the project.

1. Proposals must include a narrative description of the Firms’ plan for accomplishing the work and services to be provided to the City.

2. Proposals must indicate a clear understanding of the scope of work, including a detailed plan for completing major tasks and responsibilities detailed in the Deliverables, as well as time frame needed to complete each task and staff assigned for each Deliverable identified above.

3. Proposals shall identify progress reports that will be made available during the process and key decision points.

4. Proposals shall clearly distinguish the Firms’ duties and responsibilities and those of the City. Absence of this distinction shall mean the Firm is assuming full responsibility for all tasks.

TAB D References

1. Provide references for similarly successful projects from three governmental agencies (or regional districts), including the name of the agency, contact name, phone number, and email address.

TAB E Certification, acknowledgement of any Addenda issued and a statement of willingness to sign the City’s Standard Form of Agreement.

EVALUATION FACTORS

After receipt of proposals, the City of College Station will use the following criteria in the selection process:

40 Points Qualifications and experience (TAB A)

20 Points Rates and pricing (TAB B)

30 Points Project methodology including technical approach and understanding of the scope of the project. (TAB C)

10 Points References (TAB D)

Discussions may be conducted with Offerors for the purpose of clarification to assure the full understanding of, and conformance to, the solicitation requirements.

Award of the contract shall be made to the responsible offeror whose proposal is determined to be the best value to the City of College Station, considering the relative importance of price and other factors set forth in this request for proposal.

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CERTIFICATION

The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other firm, and that the contents of this proposal have not been communicated to any other firm prior to the official opening of this proposal. Additionally, the undersigned affirms that the firm is willing to sign the enclosed Standard Form of Agreement (if applicable).

Signed By: _________________________________ Title:

Typed Name: _______________________ Company Name:

Phone No.: ______________________________ Fax No.:

Email:

Vendor Address:

P.O. Box or Street City State Zip

Remit Address:

P.O. Box or Street City State Zip

Company is a publicly traded entity, including a wholly owned subsidiary of the business entity:

_____ Yes _____ No

Federal Tax ID No.: _____________________________

DUNS No.:____________________________________

Date:

NOTE: This form and acknowledged addendums (if applicable) must be submitted with proposals under Tab E.

END OF RFP NO. 23-089

***DO NOT MODIFY THIS FORM***

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EXHIBIT A

STANDARD FORM OF AGREEMENT CONTRACT

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CONSULTANT CONTRACT

ThisContract isbyandbetween theCityofCollege Station, aTexas Municipal Home-a

ConsultantConsultant agrees toperform andtheCity agrees topayforthework described herein.

ARTICLE I

SCOPE OFSERVICES

aTraffic Congestion andMobility Analysis; asdescribed inRFP23-0891.01This Contract isfor ( the Consultantare setforth intothisContract andareincorporated asthough fullysetforthherein byreference.

Consultantagrees toperform orcause theperformance ofallthework described in

1.02Consultantagrees toperform theworkdescribed in hereto andtheCityagrees topayConsultanta feebased ontheratesset forth in tothisContract fortheservices performed byConsultant. Theinvoices shall besubmitted totheCity following the15th dayand thelastdayofeachmonth. Thepayment terms arenetpayable within thirty (30) calendar daysof ontermination ofthisContract, payments under thisparagraph shall cease, provided, however, thatConsultantshall beentitled topayments forwork performed inaccordance with thisContract before thedateoftermination andforwhichConsultanthas not yetbeenpaid.

ARTICLE II

PAYMENT

2.01The totalamount ofpayment, including reimbursements, bytheCitytoConsultantfor all services tobeperformed under thisContract maynot, under anycircumstances, exceed and ____/ 100Dollars

ARTICLE III

CHANGE ORDERS

3.01The Citymayfromtimetotimerequest changes inthescopeand focusoftheactivities, investigations, andstudies conducted ortobeconducted byConsultantpursuant tothisContract, provided, however, thatanysuchchange that intheopinion ofConsultant, theCityManager, or entail anincrease incostorexpense totheCityshall bemutually agreed upon inadvance inwriting byConsultants Project Manager.

a) When theoriginal Contract amount plusallchange orders is $100,000orless, the CityManager orhisdesignee mayapprove thewritten change order provided the change order doesnot increase thetotalamount set forth intheContractto more than $100,000. Forsuchcontracts, whenachange order results inatotalcontract amount thatexceeds $100,000, theCityCouncil oftheCitymust approve such change orderprior tocommencement oftheservices orwork; and

34411837Contract No. ____________ ProfessionalServices- Consultant Form08-10-2021Page | 1

EXAMPLE

b) When theoriginal contract amount plusallchange orders isequal toorgreater than 100,000, theCityManager orhisdesignee mayapprove thewritten change order provided thechange order doesnotexceed $50,000, andprovided thesumofall change orders doesnotexceed 25% oftheoriginal contract amount. Forsuch contracts, when achange order exceeds $50,000orwhen thesumofallchange orders exceeds 25% oftheoriginal contract amount, theCityCouncil oftheCity mustapprove suchchange orderprior tocommencement oftheservices orwork.

Thereafter, anyadditional change orders exceeding $50,000oranyadditional change orders totaling 25percent following suchcouncil approval, mustbe approved byCityCouncil; and

c) Anyrequest bytheConsultant foranincrease intheScope ofServices andan increase intheamount listed inparagraph twoofthisContract shallbemade andapproved bytheCityprior totheConsultant providing suchservices or theright topayment forsuchadditional services shallbewaived. Ifthere isa dispute between theConsultant andtheCity respecting anyservice provided orto beprovided hereunder bytheConsultant, including adispute astowhether such service isadditional totheScope ofServices included inthisContract, the Consultant agrees tocontinue providing onatimely basisallservices tobeprovided bytheConsultant hereunder, including anyservice astowhich there isadispute.

ARTICLE IV

TIME OFPERFORMANCE

4.01 Except asprovided inArticle Xherein below, theConsultant shallcomplete allofthework5

OR-

4.01 Except asprovided inArticle Xherein below, thetermofthisContract shallbeforone (1) year fromtheeffective dateofthisContract. Thereafter, upon themutual consent ofbothparties, including budget approval bytheCity, thisContract mayberenewed onanannual basis, underthe same terms andconditions, foruptotwo (2) additional years (three (3) years total). If, forany reason, funds arenotappropriated tocontinue thecontract, thecontract shall become nullandvoid andshall terminate.

4.02 Time isoftheessence ofthisContract. TheConsultant shallbeprepared toprovide the professional services inthemostexpedient andefficient manner possible inorder tocomplete the workbythetimes specified.

4.03 Consultant promises toworkclosely with theCityManager orhisdesignee (the "Project Manager") orother appropriate Cityofficials. Consultant agrees toperform anyandallProject-related tasks reasonably required ofitbytheCity inorder tofulfill thepurposes ofthework tobe performed. TheworkofConsultant under thisContract maybeauthorized bytheProject Manager invarious phases assetforth in

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ARTICLE V

INDEPENDENT CONSULTANT

5.01 Inallactivities orservices performed hereunder, theConsultant isanindependent Consultant andnotanagentoremployee oftheCity. TheConsultant, asanindependent Consultant, shallberesponsible forthefinalproduct contemplated under thisContract. Except for materials furnished bytheCity, theConsultant shall supply allmaterials, equipment andlabor required fortheexecution oftheworkontheProject. TheConsultant shall haveultimate control over theexecution oftheworkunder thisContract. TheConsultant shall have thesoleobligation toemploy, direct, control, supervise, manage, discharge, andcompensate allofitsemployees and subconsultants, and theCityshall have nocontrol oforsupervision over theemployees ofthe Consultant oranyoftheConsultant'ssubconsultants except tothelimited extent provided forin thisContract. Consultant shallbeliable foranymisrepresentations. Anynegotiations bythe Consultant contained herein andapproved bytheCity.

ARTICLE VI

AUTHORIZATION

6.01 TheCityshalldirect Consultant tocommence workontheProject bysending Consultant a "letterofauthorization" tobegin workontheProject.

6.02 Upon receipt oftheletterofauthorization tobegin workontheimplementation ofthe Project, Consultant shall meetwith theCityforthepurpose ofdetermining thenatureofthe Project, including butnotlimited tothefollowing: meeting with theCity management staff; documenting study assumptions andmethodologies; devising theformat for anyinterim reports andthefinalreport totheCity.

6.03 Consultant shall consult with theCityandmayinsome limited circumstances, actasthe thisContract, Consultant shallbeanindependent Consultant atalltimes andisnottobeconsidered either anagentoranemployee oftheCity.

ARTICLE VII

WARRANTY

7.01 Asanexperienced andqualified professional, Consultant warrants thattheinformation provided byConsultant reflects high professional and industry standards, procedures, and performances. Approval oracceptance bytheCityofanyofConsultant Contract shallnotconstitute, orbedeemed, arelease oftheresponsibility andliability of Consultant, itsemployees, agents, orassociates for theexercise ofskillanddiligence necessary to fulfill Consultant acceptance bedeemed tobetheassumption ofresponsibility bytheCityforanydefect orerror in theworkproducts prepared byConsultant, itsemployees, associates, agents, orsubconsultants.

7.02 Consultant shall keep theCity informed oftheprogress ofthework andshallguard against anydefects ordeficiencies initswork.

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7.03 Consultant shallberesponsible forusing duediligence tocorrect errors, deficiencies or unacceptable workproduct. Consultant shall, atnocost totheCity, remedy anyerrors, deficiencies ssoon aspossible, butno later thanfifteen (15) calendar daysafter receiving notice ofsaiderrors, deficiencies, or unacceptable workproduct.

7.04 AnyandallofConsultant

exclusive property oftheCity. Upon completion ortermination ofthisContract, Consultant shall promptly deliver totheCityall records, notes, data, memorandum, models, andequipment ofany nature thatarewithinConsultantperty orrelate totheCityoritsbusiness.

7.05 Consultant warrants toCity that (i) Consultant hasthefullpower andauthority toenter intothis Contract, ( ii) Consultant hasnotpreviously assigned, transferred orotherwise encumbered therights conveyed herein, (iii) Work Product isanoriginal workofauthorship created byConsultantConsultant, anddoes not infringe onanycopyright, patent, trademark, trade secret, contractual right, oranyother proprietary rightofanyperson orentity, (iv) Consultant hasnotpublished theWork Product including anyderivative works) oranyportion thereof outside oftheUnited States, and (v) tothe bestoftheConsultant'sknowledge, nootherperson orentity, except City, hasanyclaimofany right, title, orinterest inortotheWork Product.

7.06 Consultant shallnotseektoinvalidate, attack, orotherwise doanything either byactof omission orcommission which might impair, violate, orinfringe thetitleandrightsassigned to CitybyConsultant inthisArticle VIIoftheContract.

ARTICLE VIII

INDEMNIFICATION & RELEASE

8.01 INDEMNITY

a) Tothefullest extent permitted bylaw, Consultant agrees toindemnify andhold harmless theCity, itsCouncil members, officials, officers , agents, employees, and volunteers (separately andcollectively referred tointhisparagraph as losses andexpenses (including errororomission, intentional tortorwillful misconduct, intellectual property infringement orbreach ofcontract including failure topayasubconsultant, subconsultant, orsupplier occurring inthecourse ofperformance ofprofessional services pursuant tothisContract byConsultant, itsemployees, subconsultants, IFTHECLAIMS, ETC. ARECAUSED INPART BYCONSULTANT

PARTIES, ANDALSO INPART BYTHENEGLIGENCE ORWILLFUL

MISCONDUCT OFANY ORALLOFTHEINDEMNITEES ORANY

OTHER THIRD PARTY, THEN CONSULTANT SHALL ONLY

INDEMNIFY ONACOMPARATIVE BASIS, ANDONLY FORTHE

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AMOUNT FORWHICH CONSULTANT PARTIES AREFOUND LIABLE

ANDNOTFORANYAMOUNT FORWHICH ANYORALL

INDEMNITEES OROTHER THIRD PARTIES ARE LIABLE.

b) Tothefullest extent permitted bylaw, Consultant agrees todefend the Indemnitees where theindemnifiable actsnamedin section 8.01above occur outside thecourse ofperformance ofprofessional services (i.e. non-professional services) andtheclaim isnotbased whollyorpartly onthe negligence of, faultof, orbreach ofcontract bythegovernmental agency, the exercises control, other thantheConsultant orConsultant Parties.

c) Itismutually understood andagreed that the indemnification provided forinthis section shall indefinitely survive anyexpiration, completion ortermination ofthis Contract.

d) Itisagreed with respect toany legal limitations noworhereafter ineffect and affecting thevalidity orenforceability oftheindemnification obligation under thissection, suchlegal limitations aremadeapartofthe indemnification obligation andshall operate toamend theindemnification obligation tothe minimum extent necessary tobring theprovision intoconformity with the requirements ofsuch limitations, andassomodified, the indemnification obligation shall continue infull forceandeffect. There shallbenoadditional indemnification other thanassetforth inthissection. Allother provisions regarding thesame subject matter shallbedeclared voidandofnoeffect.

8.02 Release. TheConsultant releases, relinquishes, anddischarges theCity, itscouncil members, officials, officers, agents, andemployees fromallclaims, demands, andcauses of action ofeverykindandcharacter, including thecostofdefense thereof, foranyinjury to, sickness ordeath oftheConsultant oritsemployees andanylossofordamage toany property oftheConsultant oritsemployees thatiscaused byoralleged tobecaused by, arisesoutof, orisinconnection with theConsultant'sworktobeperformed hereunder.

Both theCityandtheConsultant expressly intend that thisrelease shallapply regardless of whether saidclaims, demands, andcauses ofaction arecovered, inwholeorinpart, by insurance andintheeventofinjury, sickness, death, loss, ordamage suffered bythe Consultant oritsemployees, butnototherwise, thisrelease shallapply regardless ofwhether such loss, damage, injury, ordeath wascaused inwhole orinpartbytheCity, anyother party released hereunder, theConsultant, oranythirdparty. Thereshall benoadditional release orholdharmless provision other thanassetforth inthissection. Allother provisions regarding thesame subject matter shallbedeclared voidandofnoeffect.

ARTICLE IX

INSURANCE

9.01 General. TheConsultant shallprocure andmaintain atitssolecostandexpense forthe duration ofthisContract insurance against claims forinjuries topersons ordamages toproperty thatmayarise fromorinconnection with theperformance oftheworkhereunder bythe

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Consultant, itsagents, representatives, volunteers, employees orsubconsultants. Thepolicies, limits andendorsements required areassetforthbelow:

minimum requirements ofthissection:

9.02 Types. Consultant shall have thefollowing typesofinsurance:

a) Commercial General Liability.

b) Business Automobile Liability.

c) .

d) Professional Liability.

9.03 Certificates ofInsurance.

shallbeprimary insurance with respect totheCity, itsofficials, agents, employees andvolunteers.

Anyself-insurance orinsurance policies maintained bytheCity, itsofficials, agents, employees or

it. Notermorprovision oftheindemnification provided bytheConsultant totheCitypursuant to thisContract shallbeconstrued orinterpreted aslimiting orotherwise affecting thetermsofthe insurance coverage. AllCertificates ofInsurance andendorsements shallbefurnished totheCity's Representative atthetimeofexecution ofthisContract, attached hereto asExhibit C, and approved bytheCitybefore anyletterofauthorization tocommence project will issueoranywork ontheProject commences.

9.04 General Requirements Applicable toAllPolicies. Thefollowing General requirements applicable toallpolicies shallapply:

a) Only licensed insurance carriers authorized todobusiness intheStateofTexas will beaccepted.

b) Deductibles shallbenamed ontheCertificate ofInsurance.

c) insurance.

d) Coverage shallnotbesuspended, voided, canceled, orreduced incoverage orin limits except after thirty (30) calendar daysprior written notice hasbeengiven to theCityofCollege Station.

e) TheCertificates ofInsurance shallbeprepared andexecuted bytheinsurance company oritsauthorized agent onthemostcurrent State ofTexas Department of Insurance-approved forms.

9.05 Commercial General Liability requirements. Thefollowing Commercial General Liability requirements shall apply:

a) thecurrent A. M. BestKeyRating Guide.

b) Minimum Limitof $1,000,000peroccurrence forbodily injury andproperty damage witha $2,000,000annual aggregate.

c) Nocoverage shallbeexcluded fromthestandard policy without notification of

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d) Thecoverage shallnotexclude premises/operations; independent contracts, products/completed operations, contractual liability (insuring theindemnity provided herein), andwhere exposures exist, Explosion Collapse andUnderground coverage.

e) TheCityshallbeincluded asanadditional insured andthepolicy shallbeendorsed towaive subrogation andtobeprimary andnon-contributory.

9.06 Business Automobile Liability requirements. The following Business Automobile Liability requirements shall apply:

a) thecurrent. A. M. Best KeyRating Guide.

b) Minimum Combined Single Limitof $1,000,000peroccurrence forbodily injury…