RFQ_2026-001_City_of_Early_2025_Pedestrian_Pathway_1.pdf

RFP — City of Early 2025 Pedestrian Pathway — CSJ 0923-06-099

CITY OF EARLY

P.O. Box 3100 • Early, Texas 76803

Phone 325-643-5451

REQUEST FOR PROPOSALS

Engineering and Project Management Services

RFP #2026-001

CITY OF EARLY 2025 PEDESTRIAN PATHWAY

A TxDOT Transportation Alternatives Set-Aside (TASA) Program Project

CSJ 0923-06-099 | AFA ID Z00012719 | District 23-BWD

CFDA No. 20.205 — Highway Planning and Construction

SOQ/PROPOSAL SUBMITTAL DEADLINE: October 6, 2026, 3:00 p.m. Central Time

Table of Contents

Contents Table of Contents

1. Request for Qualifications/Proposals

2. Purpose and Project Description

2.1 Intent

2.2 Project Description

2.3 Funding

2.4 Project Delivery Roles

3. Scope of Services

4. Submittal Requirements

5. Selection Process and Evaluation Criteria

5.1 Process Overview

5.2 Evaluation Criteria

5.3 Selection Committee

5.4 No Cost Information in SOQ

6. Disadvantaged Business Enterprise (DBE) Goal

7. Administrative Qualification Requirements

8. Federal and State Compliance Requirements

8.1 General

8.2 Nondiscrimination / Civil Rights

8.3 Debarment and Suspension

8.4 Audit and Records Access

8.5 Lobbying Certification

8.6 Texas Ethics Commission — Form 1295

9. Response Deadline, Addenda, and General Terms

9.1 Response Deadline

9.2 Addenda and Modifications

9.3 Right to Reject / Award

9.4 No SOQ Alterations After Opening

9.5 Confidentiality

9.6 Past Performance

9.7 Governing Law / Venue

9.8 Conflict of Interest

9.9 SOQ Preparation Costs

10. Procurement Schedule

11. City Contact

Attachment A — Project Location Map

Attachment B — Sample Professional Services Contract

Section I — Services

Section II — Compensation

Section III — City's Responsibilities

Section IV — FIRM's Responsibilities

Section V — Records, Audit, and Compliance

Section VI — Subconsultant Management

Section VII — Errors and Omissions / Remedies

Section VIII — Termination

Section IX — Dispute Resolution

Attachment C — Engineering Score Sheet

1. Request for Qualifications/Proposals

The City of Early (“City”) is soliciting sealed Statements of Qualifications (“SOQ”) for Engineering and Project Management Services for the City of Early 2025 Pedestrian Pathway project, CSJ 0923-06-099 (“Project”), funded in part through a TxDOT Transportation Alternatives Set-Aside (TASA) Program Advance Funding Agreement, AFA ID Z00012719, between the City and the Texas Department of Transportation (“TxDOT” or “State”).

This RFP is issued under and shall be governed by the City of Early Comprehensive Financial Management Policy, Article 5, Sections 5.24 and 5.24.1, and Article 22, Section 22.2 (Engineering and Design Related Services Using Federal-Aid Highway Program Funds); Texas Government Code Chapter 2254, Subchapter A; the Brooks Act; 23 CFR Part 172; and 2 CFR Part 200, as incorporated by the Advance Funding Agreement referenced above.

SOQs will be received by the City Secretary's Office, located at 960 Early Blvd., Early, TX 76802, until 3:00 p.m. Central Time on [DATE]. SOQs received after the deadline will not be accepted and will be returned unopened. A list of firms submitting SOQs will be posted on the City's website following the opening.

RFP #2026-001

ENGINEERING AND PROJECT MANAGEMENT SERVICES

City of Early 2025 Pedestrian Pathway — CSJ 0923-06-099

Questions regarding this RFP should be directed to the City Contact identified in Section 11. The City reserves the right to reject any or all SOQs, waive informalities or technicalities, and hold SOQs for sixty (60) days without taking action. Respondents are required to hold their SOQs firm for the same period.

2. Purpose and Project Description

2.1 Intent

The purpose of this RFP is to identify and select a qualified firm to provide engineering and project management services for the Project, in accordance with the Advance Funding Agreement between the City and TxDOT. There is no intent to disqualify any respondent capable of meeting the requirements stated herein.

2.2 Project Description

The scope of the Project consists of the design and construction of sidewalk improvements along the following corridors, together with associated crosswalks and pedestrian lighting:

• FM 2525 from US 67 to Parkway Drive

• Parkway Drive to Orchard Drive

• Orchard Drive from Orchard Drive to Lucas Drive

• Lucas Drive from Orchard Drive to US 67

• Turtle Creek Drive and Meadow Glen Drive from Garmon Drive to US 67

• Park Street from US 67 to Longhorn Drive

• Inez Street from Meadow Glen Drive to end of roadway

A map of the Project location is included as Attachment A. This description matches Section 2.A of the Advance Funding Agreement, AFA ID Z00012719, and the Project nomination approved by the Texas Transportation Commission under Minute Order 117073 (11/13/2025).

2.3 Funding

The Project has a total estimated development cost of $5,301,473, with a maximum of $5,278,000 in federal TASA funds and $23,473 in State participation (indirect costs). The City's local match obligation is satisfied through Transportation Development Credits (TDCs) in the amount of $1,055,600, as reflected in Attachment B of the Advance Funding Agreement. The City is responsible for 100 percent of any cost overruns.

2.4 Project Delivery Roles

Per the TxDOT Oversight Level Special Approval for this Project (Oversight Level 2), responsibility for Project elements is allocated as follows:

• Environmental — State (TxDOT will provide categorical exclusion documentation).

• Right-of-Way Acquisition — Local Government (City), if needed.

• Utility Relocation — Local Government (City).

• Design and Bid Document Preparation — Local Government (City), through the firm selected under this RFP, subject to TxDOT review and approval of PS&E.

• Letting and Award of the Construction Contract — State (TxDOT).

• Construction Inspection, Documentation, and Closeout — State (TxDOT).

The firm selected under this RFP will be engaged to perform preliminary engineering and design/bid document preparation only. Construction letting, award, and inspection will be performed by TxDOT, not the City or the selected firm, except as may later be authorized by written amendment to the resulting contract.

3. Scope of Services

The selected firm shall provide all engineering and project management services necessary for the development of the Project, including but not limited to:

1. The project will construct a new 6’ typical/5’ minimum ADA-compliant sidewalk and illumination to improve pedestrian access by connecting or expanding upon existing or planned pedestrian pathways along the east side of FM 2525/ C.C. Woodson Road (0.7 Mi.), the north side of Parkway Dr. (0.23 Mi.), the east side of Orchard Dr. (0.10 Mi.), the west side of Lucas Dr. (0.03 Mi.), The west side of Turtle Creek Dr. (0.24 mi.), the east side of Park St. (0.08 Mi.), the west side of Meadow Glen Dr. (0.39 mi.), and the south side of Inez St. (0.10 mi.).

2. Preparation of complete and detailed plans, specifications, and estimates (“PS&E”) and other contract documents required for construction, suitable for submission to and approval by TxDOT prior to advertisement for construction bids, per AFA §10.C.

3. Coordination with City staff and TxDOT Brownwood District staff throughout design development, including attendance at progress meetings as scheduled by the State (minimum twice yearly, per AFA §4.E.7, or more frequently as required under Oversight Level 2).

4. Public meetings or hearings necessary to support environmental clearance, including any hearing requirements applicable to bicycle/pedestrian facility additions, per AFA §8.C.

5. Coordination of utility relocation identification consistent with AFA §7.

6. Preparation of construction time estimates and related documentation in the format required by TxDOT, per AFA §19.

All design criteria shall conform to:

• TxDOT's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges;

• AASHTO's “A Policy on Geometric Design of Highways and Streets”;

• AASHTO's “Guide for the Development of Bicycle Facilities”, as applicable;

• TxDOT's Bridge Design Manual and AASHTO's LRFD Guide Specifications for the Design of Pedestrian Bridges (latest edition), if any pedestrian bridge structure is included in the final design;

• Current Texas Manual on Uniform Traffic Control Devices (TMUTCD) requirements for signage, crosswalks, and pedestrian lighting; and

• Minimum accessibility standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with the Americans with Disabilities Act (ADA), per AFA §9.

All contract procurement procedures and documents associated with this engagement must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Use of any other system of specifications requires advance written approval from the State, per AFA §10.B.

4. Submittal Requirements

Each SOQ shall be submitted in a sealed envelope, marked in the lower left-hand corner with “RFP #2026-001 — City of Early 2025 Pedestrian Pathway.” Respondents shall submit one (1) original, marked “ORIGINAL,” and four (4) copies. SOQs submitted by fax or electronically will not be accepted. Each SOQ shall not exceed ten (10) pages (excluding insurance documentation, certifications, and addenda acknowledgments) using 12-point Arial font, and shall include, at minimum:

1. Transmittal Letter — Signed by an officer authorized to bind the firm to contract; states whether addenda have been received and incorporated; provides contact information for the firm's primary point of contact.

2. Firm Qualifications and Experience (max. 2 pages) — The firm's experience providing engineering services for governmental agencies in the past five (5) years, including the office location performing the work and staffing approach.

3. Firms Proposal for Work Performed (max. 2 Pages) – The firm’s proposal for services to be provided in the development of this project. DO NOT INCLUDE ANY PRICING

COMPONENT IN THE PROPOSAL.

4. Team Member Qualifications and Experience (max. 2 pages) — Resumes for the proposed project manager and key staff. The proposed project manager must be a Texas-licensed Professional Engineer and an employee of the prime firm.

5. References (max. 1 page) — At least three references with current contact information, and a list of any past projects performed for the City of Early.

6. TxDOT / FHWA-Funded Project Experience — A summary of the firm's experience with TxDOT or other FHWA-funded projects in the past five years, including project name, CSJ (if known), scope, and principal client contact.

7. Insurance — Types and amounts of insurance carried (General Liability, Auto, Workers' Compensation, Professional Liability) and any insurance claims against the firm within the past five years.

8. Administrative Qualification Status — A statement of the firm's current administrative qualification status with TxDOT, or an election to accept the TxDOT-developed indirect cost rate, per Section 7 below.

9. Debarment and Suspension Certification — A signed statement certifying that the firm and its principals are not debarred, suspended, or otherwise excluded from participation in federal assistance programs under Executive Order 12549 and 2 CFR Part 180.

10. Professional Services Agreement Acknowledgment — A statement that the firm has read Attachment B (Sample Professional Services Contract), will meet the insurance requirements stated therein, and agrees to enter into such an agreement if selected. No cost, fee, or pricing information of any kind shall be included in the SOQ; see Section 5.4 below.

11. Form CIQ (Conflict of Interest Questionnaire) — Required under Chapter 176, Texas Local Government Code, if applicable.

SOQs become the property of the City upon submission. The City reserves the right to use any ideas contained in any SOQ regardless of whether the respondent is selected.

5. Selection Process and Evaluation Criteria

5.1 Process Overview

This RFP and the resulting selection are governed by FMP §5.24.1 (Request for Qualification of Professional Procurement for Capital Projects Associated with Federal Highway Funds and TXDOT Projects). The process is led by the City Administrator and proceeds as follows:

a. The RFP, including scope of work and evaluation criteria, is forwarded to TxDOT Brownwood District at least three (3) weeks prior to advertisement, for the purpose of establishing the assigned DBE goal (see Section 6).

b. The RFP is posted on the City's website and may be distributed directly to firms by mail or email.

c. Prior to committee evaluation, the City Administrator confirms that each responding firm is administratively qualified with an effective indirect cost rate, or has elected to use TxDOT's safe-harbor rate (see Section 7).

d. Prior to committee evaluation, the City Administrator confirms that each responding firm has furnished evidence of compliance with the assigned DBE goal, or evidence of a good-faith effort acceptable to the City and TxDOT.

e. Only firms meeting the requirements of (c) and (d) above are scored and ranked by the Selection Committee.

f. Each committee member completes the Engineering Score Sheet included as Attachment C. Scores are based solely on the criteria in Section 5.2 below.

g. The City Administrator tallies the scores; the firm with the highest score is ranked most highly qualified.

h. The City Administrator develops an independent cost estimate (ICE) prior to beginning fee negotiations with the highest-ranked firm, per FMP §22.2, Element 6.

i. The City Administrator negotiates fair and reasonable compensation with the highest-ranked firm. Compensation will not be based on a cost-plus-percentage-of-cost or percentage-of-construction-cost method.

j. If a satisfactory contract cannot be negotiated with the highest-ranked firm, negotiations are terminated in writing and the City proceeds to the next highest-ranked firm.

k. Once negotiations are complete, the resulting contract is placed on the next available City Council agenda for consideration.

5.2 Evaluation Criteria

Price, cost proposals, direct salary or wage rates, indirect cost rates, and other direct costs are prohibited from being used as evaluation criteria at any stage of this RFP. Evaluation is based solely on demonstrated qualifications, per FMP §5.24.1(A) and 23 CFR 172.5(c), Element 4.

Criterion Points Description

Firm Qualifications & Experience

20 Firm's experience providing engineering and project management services on pedestrian/sidewalk, ADA, and transportation alternatives projects, particularly for Texas municipalities, within the past five (5) years.

Past Work Performance

20 Quality, timeliness, and budget performance on the firm's five most relevant completed projects in the past five years, including client references.

Capacity to Perform 20 Capacity of proposed services, office location providing services, number and qualifications of professional staff available, current workload, and any disciplinary actions within the past three years.

Familiarity with This Project

20 Firm's understanding of the City of Early 2025 Pedestrian Pathway scope, proposed technical approach, and familiarity with the Brownwood District / City of Early.

TxDOT / FHWA- Funded Project Experience

20 Firm's experience with TxDOT Transportation Alternatives Set-Aside (TASA) or other FHWA-funded local government projects in the past five years, including QBS procurement and 23 CFR Part 172 contract administration.

Total 100

5.3 Selection Committee

The Selection Committee will consist of City staff designated by the City Administrator, which may include subject-matter expert(s) as needed. The Committee will screen submittals for completeness and the threshold requirements in Sections 6 and 7 before scoring begins.

5.4 No Cost Information in SOQ

Respondents shall not include cost proposals, fee schedules, hourly rates, or any other pricing information in the SOQ. Any SOQ containing cost or pricing information may be deemed nonresponsive to the qualifications-based selection process required by FMP §5.24.1(A) and 23 CFR Part 172. Fee negotiation occurs only after qualifications-based ranking, per Section 5.1(h)–(i) above.

6. Disadvantaged Business Enterprise (DBE) Goal

This Project is funded in part with federal funds and is subject to the Disadvantaged Business Enterprise Program requirements of 49 CFR Part 26 and AFA §27. The DBE goal for this contract will be established by TxDOT and inserted here prior to advertisement, consistent with FMP §5.24.1(B), which requires the City to forward this RFP and the Project scope of work to TxDOT at least three (3) weeks before advertising.

The assigned DBE goal for this contract is 0%.

Respondents shall furnish evidence of compliance with the assigned DBE goal (in the form of a subcontracting utilization plan) or evidence of a good-faith effort acceptable to the City and TxDOT.

Failure to do so may be grounds for a nonresponsive determination. Each firm listed to meet the assigned DBE subcontracting goal must be DBE-certified in the NAICS code applicable to the type of service offered (e.g., 541330 Engineering Services; 541370 Surveying and Mapping Services).

The TxDOT Texas Unified Certification Program (TUCP) DBE Directory is available at TxDOT's website.

Respondent agrees not to discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, or disability, consistent with Title VI of the Civil Rights Act of 1964 and the additional authorities listed in Section 8.2 below.

7. Administrative Qualification Requirements

Administrative qualification is governed by Section 9.34(b) of Title 43 of the Texas Administrative Code and is used by TxDOT to verify that a firm's indirect cost rate meets Department requirements. Firms not exempt from this requirement have two options:

• Be administratively qualified by the SOQ deadline specified in this RFP; or

• Accept the TxDOT-developed indirect cost rate (the rate then in effect), by submitting a completed Certification of No Indirect Cost Rate Audit form with the SOQ.

Information on firms exempt from administrative qualification and current administrative qualification status is available at TxDOT's website. The City Administrator will confirm each respondent's status prior to committee evaluation, per Section 5.1(c).

8. Federal and State Compliance Requirements

8.1 General

This Project is funded in part with federal-aid highway funds administered by TxDOT under CFDA No. 20.205. The selected firm and any subconsultants must comply with all applicable requirements of 23 CFR Part 172, 23 U.S.C. §112, 2 CFR Part 200, and the Advance Funding Agreement, AFA ID Z00012719, in addition to applicable Texas law.

8.2 Nondiscrimination / Civil Rights

During performance of any contract resulting from this RFP, the contractor, for itself, its assignees, and successors in interest, agrees to comply with the following nondiscrimination statutes and authorities, consistent with AFA §26(A)–(L):

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.) and 49 CFR Part 21;

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §4601);

• The Federal-Aid Highway Act of 1973 (23 U.S.C. §324 et seq.), prohibiting discrimination on the basis of sex;

• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794 et seq.) and 49 CFR Part 27;

• The Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.);

• The Civil Rights Restoration Act of 1987 (P.L. 100-209);

• Titles II and III of the Americans with Disabilities Act (42 U.S.C. §§12131–12189) and 49 CFR Parts 37 and 38;

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency; and

• Title IX of the Education Amendments of 1972 (20 U.S.C. §1681 et seq.).

8.3 Debarment and Suspension

By submitting an SOQ, the respondent certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, and that it will not do business with any party that is so excluded, consistent with AFA §28 and 2 CFR Part 180.

8.4 Audit and Records Access

The selected firm shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under any resulting contract, and shall make such materials available to the City, TxDOT, FHWA, and the U.S. Office of the Inspector General for review during the contract period and for seven (7) years following final reimbursement by FHWA, consistent with AFA §24.

8.5 Lobbying Certification

Consistent with AFA §29 and 31 U.S.C. §1352, the selected firm shall certify that no federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence a federal officer or employee, Member of Congress, or congressional employee in connection with this award, and shall complete federal Standard Form-LLL if applicable.

8.6 Texas Ethics Commission — Form 1295

Per Texas Government Code §2252.908, a signed and notarized Form 1295 (Certificate of Interested Parties) shall be tendered to the City by the firm selected to receive a contract, prior to contract execution, if the contract requires Council action or has a value of at least $1 million.

9. Response Deadline, Addenda, and General Terms

9.1 Response Deadline

SOQs must be received at City Hall, 960 Early Blvd., Early, TX 76802, Attn: City Secretary, no later than 3:00 p.m. Central Time on October 6, 2026. SOQs may also be hand-delivered, sent by courier, or mailed to P.O. Box 3100, Early, TX 76803. No late SOQs will be accepted.

9.2 Addenda and Modifications

Any changes, additions, or clarifications to this RFP will be issued as written addenda and e-mailed to all prospective respondents. Verbal statements are not binding. It is the respondent's responsibility to confirm receipt of all addenda; failure to receive an addendum does not relieve a respondent of its terms.

9.3 Right to Reject / Award

The City reserves the right to reject any or all SOQs, waive informalities, and award to the respondent determined to be the best qualified. Any rejection or waiver affecting Project funding must be approved by TxDOT, consistent with AFA §3.B (project changes affecting scope or cost require State, FHWA, and/or Commission approval).

9.4 No SOQ Alterations After Opening

SOQs cannot be altered or amended after the opening time. No SOQ may be withdrawn after opening without acceptable reason in writing and City approval.

9.5 Confidentiality

Information deemed confidential by the respondent should be clearly marked; however, the City cannot guarantee non-disclosure under the Texas Public Information Act absent a recognized exception or court order.

9.6 Past Performance

Respondents' past performance, including performance on prior City of Early or TxDOT-funded projects, will be considered in the evaluation of the SOQ submittal.

9.7 Governing Law / Venue

Any contract resulting from this RFP is governed by the laws of the State of Texas. Venue for any dispute lies in Brown County, Texas.

9.8 Conflict of Interest

Chapter 176 of the Texas Local Government Code requires any vendor or person considering doing business with the City to disclose, on Form CIQ, any affiliation or business relationship that might constitute a conflict of interest. Form CIQ must be filed with the City's records administrator no later than the seventh business day after the date the person becomes aware of facts requiring disclosure.

9.9 SOQ Preparation Costs

The City is not liable for any costs incurred by a respondent in preparing an SOQ or in any work performed prior to execution of a contract.

10. Procurement Schedule

The City anticipates the following schedule. This schedule is subject to revision at the City's sole discretion.

Milestone Date

RFP and scope of work transmitted to TxDOT Brownwood District (≥ 3 weeks prior to advertisement, per FMP §5.24.1(B))

7/7/2026

RFP Issued / Advertised 9/14/20265

Deadline for Questions / Requests for Clarification

10/5/2026

Addenda Issued (if any) As needed

SOQ Submission Deadline 10/6/2026 by 3:00 p.m. Central Time

Administrative Qualification / DBE Compliance Confirmation (City Administrator, pre-evaluation)

10/7/2026

Selection Committee Evaluation & Engineering Score Sheet Completion

10/7/2026

Negotiation with Highest-Ranked Firm 10/8/2026

City Council Approval 10/13/2026

11. City Contact

Questions regarding the preparation of the SOQ or this RFP should be directed to:

Larry McConn, Assistant City Administrator

City of Early

960 Early Blvd., Early, TX 76802

(325) 643-5451

Responses must be addressed to the City Secretary's Office at the address above. SOQs shall be placed in a sealed envelope marked “RFP #2026-001 — City of Early 2025 Pedestrian Pathway.”

Attachment A — Project Location Map

Attachment B — Sample Professional Services Contract

This sample contract is provided for informational purposes only, to allow respondents to review the general terms and conditions of the agreement the City intends to execute with the selected firm. It is provided without any cost, fee, or compensation figures. Respondents shall not infer pricing expectations from this attachment, and no fee information shall be included in any SOQ submitted in response to this RFP. Final compensation terms will be negotiated with the highest-ranked firm following qualifications-based selection, consistent with Section 5 of this RFP.

Section I — Services

The selected firm (“FIRM”) shall provide professional engineering and project management services as described in Attachment A to the resulting contract (Scope of Services), and shall designate a Project Manager who is a Texas-licensed Professional Engineer.

Section II — Compensation

Compensation shall be negotiated following selection, consistent with FMP §5.24.1(K) and §22.2, Element 6 and Element 8. Compensation shall not be based on a cost-plus-a-percentage-of-cost or percentage-of-construction-cost method, consistent with 2 CFR 200.324(d). The specific fee structure (lump sum, specific rates of compensation, or cost-plus-fixed-fee) shall be determined in accordance with 23 CFR §172.9, based on Project scope, risk, and cost certainty.

Section III — City's Responsibilities

The City shall designate a Project Manager with authority to administer the contract, provide available Project information to FIRM, review submittals and render decisions in a timely manner, and coordinate FIRM's design submittals with TxDOT for required review and approval prior to advertisement for construction bids, per AFA §10.C.

Section IV — FIRM's Responsibilities

FIRM shall diligently and competently render engineering services necessary for the design of the Project, maintain insurance as required, and prepare complete plans, specifications, and estimates conforming to the standards identified in Section 3 of this RFP and AFA §10.

Section V — Records, Audit, and Compliance

FIRM shall maintain records and provide audit access consistent with Section 8.4 of this RFP and AFA §24 (seven-year retention from final FHWA reimbursement). FIRM shall comply with the nondiscrimination authorities listed in Section 8.2 of this RFP and shall include equivalent provisions in any subconsultant agreement, per AFA §25(F).

Section VI — Subconsultant Management

FIRM is responsible for managing any subconsultants and ensuring their compliance with all applicable federal, state, and City requirements incorporated into the resulting contract, consistent with FMP §22.2, Element 15.

Section VII — Errors and Omissions / Remedies

The City shall determine, as appropriate, the extent to which FIRM may be liable for costs resulting from errors, omissions, or deficiencies in work furnished under the contract, and may apply administrative, contractual, or legal remedies for breach, consistent with FMP §22.2.

Section VIII — Termination

Either party may terminate the contract upon written notice as specified in the final negotiated agreement. Upon termination, FIRM shall submit a statement of services performed to date, and the City shall pay FIRM the proportion of charges corresponding to services actually performed.

Section IX — Dispute Resolution

Disputes arising under the contract shall first be submitted to mediation, and if unresolved, to binding arbitration, consistent with FMP §22.2 (Dispute Resolution) and venue in Brown County, Texas.

[The complete negotiated contract, including final compensation terms, insurance schedule, and any project-specific attachments, will be prepared following selection and presented to City Council for approval.]

Attachment C — Engineering Score Sheet

To be completed independently by each Selection Committee member for each responsive, qualified firm. No price or cost information shall be considered. Firms that have not been confirmed as administratively qualified (or elected the TxDOT safe-harbor rate) and DBE-compliant (or demonstrated good-faith effort) per Sections 6 and 7 of this RFP shall not be scored.

Firm Name: ___________________________________ Evaluator:

___________________________________ Date: ______________

Criterion Points Description

Firm Qualifications & Experience

20 Firm's experience providing engineering and project management services on pedestrian/sidewalk, ADA, and transportation alternatives projects, particularly for Texas municipalities, within the past five (5) years.

Past Work Performance

20 Quality, timeliness, and budget performance on the firm's five most relevant completed projects in the past five years, including client references.

Capacity to Perform 20 Capacity of proposed services, office location providing services, number and qualifications of professional staff available, current workload, and any disciplinary actions within the past three years.

Familiarity with This Project

20 Firm's understanding of the City of Early 2025 Pedestrian Pathway scope, proposed technical approach, and familiarity with the Brownwood District / City of Early.

TxDOT / FHWA- Funded Project Experience

20 Firm's experience with TxDOT Transportation Alternatives Set-Aside (TASA) or other FHWA-funded local government projects in the past five years, including QBS procurement and 23 CFR Part 172 contract administration.

Total 100

Comments: