City of New Braunfels

RFQ Waterway Lane Hike and Bike Trail Project

CITY OF NEW BRAUNFELS

REQUEST FOR QUALIFICATIONS

Waterway Lane – Hike and Bike Design

Solicitation # RFQ 1141

TxDOT CSJ 0915-17-091

Responses are Due: October 22, 2026

City Contact: Greg Gutierrez

Buyer GGutierrez@newbraunfels.gov

Solicitation Notice

City of New Braunfels – RFQ 1141 Waterway Lane – Hike and Bike Design

TxDOT Project No.: 0915-17-091

The City of New Braunfels seeks qualifications for a professional to provide services related to “RFQ 1141 Waterway Lane – Hike and Bike Design”

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

• Purchasing | New Braunfels, TX - Official Website

Request for Qualifications will be received by the City of New Braunfels until 3:00 p.m. (CDT) October 22, 2026 for “RFQ 1141 Waterway Lane – Hike and Bike Design”.

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

This is a project that will be funded through the Texas Department of Transportation (TXDOT) Transportation Alternatives Program.

Questions will be accepted until close of the day October 14, 2026 at 5:00pm through the BEACON BID Portal.

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:

RFQ 1141 Waterway Lane – Hike and Bike Design Due: 3:00 p.m. (CST) October 22, 2026

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

To Be Published:

• September 30, 2026

• October 7, 2026 https://newbraunfels.gov/531/Purchasing

SOLICITATION

AND OFFER

City of New Braunfels Purchasing

550 Landa St New Braunfels, Texas 78130

Solicitation: Waterway Lane – Hike and Bike Design

Request for Qualifications

Date Issued: September 30, 2026

SOLICITATION

• Questions concerning RFQ must be received, by email only, prior to 5:00P.M. CT on October 14, 2026 through BEACON BID portal

• Statement of Qualifications (SOQs) are due by: 3:00 P.M. (CT), October 22, 2026

• Respondents must submit sealed Statement of Qualifications (SOQ) Electronically in BEACON via Purchasing | New Braunfels, TX -

Official Website 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.

RFQ Waterway Lane – Hike and Bike Design

SECTION 2

TABLE OF CONTENTS

SECTION 1 – SOLICITATION AND OFFER 2

SECTION 2 – TABLE OF CONTENTS 3

SECTION 3 – SCOPE OF WORK 4

SECTION 4 – INSTRUCTIONS FOR RESPONSE 6

SECTION 5 – EVALUATION OF RESPONSES 8

SECTION 6 – AWARD OF CONTRACT 11

ATTACHMENT A – COMPANY INFORMATION 22

ATTACHMENT B – VENDOR CERTIFICATIONS 24

ATTACHMENT C - RECEIPT OF FEDERAL CLAUSES 27

ATTACHMENT D – DBE – PART 1 - REQUIREMENTS 28

ATTACHMENT D – DBE – PART 2 - CONTRACTOR’S LETTER OF INTENT 29

ATTACHMENT D – DBE - PART 3 – PARTICIPATION GOALS 30

ATTACHMENT E – CERTIFICATION AND RESTRICTIONS ON LOBBYING 31

ATTACHMENT F – DEBARMENT AND SUSPENSION CERTIFICATION 32

ATTACHMENT G – CONFLICT OF INTEREST STATEMENT 34

ATTACHMENT H - 1295 FORM 37

ATTACHMENT I – EXCEPTIONS AND ALTERNATIVES FORM 38

ATTACHMENT J – DECLINE TO BID FORM 39

EXHIBIT A – INSURANCE RIDER 40

EXHIBIT B – DBE PROGRAM PROVISIONS 41

EXHIBIT C – DRAFT CONTRACT FOR PROFESSIONAL SERVICES 49

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

GUIDELINES FOR CONTRACT PROVISIONS

SECTION 3

SCOPE OF WORK

3.1 BACKGROUND

The City of New Braunfels is advancing the Waterway Lane Hike and Bike Trail Project to improve multimodal connectivity, public access, and recreational opportunities within the community. The project will provide a safe, accessible, and attractive shared-use trail corridor along and near Waterway Lane that supports walking, bicycling, and other non-motorized travel while strengthening connections between neighborhoods, parks, community destinations, and the broader transportation network.

New Braunfels continues to experience growth that increases demand for infrastructure supporting mobility, safety, and quality of life. In response, the City is investing in facilities that expand transportation options, improve pedestrian and cyclist safety, and promote healthy, active lifestyles. The Waterway Lane Hike and Bike Trail Project is part of that broader effort and is intended to serve both transportation and recreational purposes.

The project has received funding through the Texas Department of Transportation (TxDOT) Transportation Alternatives program, reflecting its value as a community connectivity and active transportation improvement. As a federally funded transportation project administered through TxDOT, the project will require engineering and design services performed in accordance with applicable federal, state, and local requirements, standards, and procedures. The selected consultant will be expected to demonstrate familiarity with TxDOT processes, documentation standards, design criteria, coordination requirements, and any applicable environmental, right-of-way, utility, and permitting obligations associated with Transportation Alternatives-funded projects.

The project may include alignment refinement, engineering design, and preparation of plans, specifications, and estimates for a trail facility and related improvements.

Associated elements may include drainage features, grading, retaining structures, pavement design, trailheads or access points, signage and pavement markings, lighting, safety elements, ADA accessibility accommodations, utility coordination, and other appurtenant improvements as appropriate. The design process may also require evaluation of site constraints, drainage considerations, permitting requirements, and coordination with adjacent property owners, utility providers, TxDOT, and other relevant agencies.

Through this RFQ, the City seeks qualified engineering firms to provide professional design services and to develop a complete, constructible, and compliant design package that supports successful delivery of the project. The selected firm will work closely with City staff and stakeholders to advance the project in a manner consistent with the grant requirements, project schedule, and community objectives. The City seeks a consultant team with demonstrated experience in shared-use path design, municipal infrastructure, and delivery of federally funded transportation projects, including coordination with TxDOT and compliance with Transportation Alternatives program requirements.

3.2 SCOPE OF WORK

The selected consultant will provide professional engineering and related services necessary to advance the Waterway Lane Hike and Bike Trail Project from final design through environmental clearance, permitting, bidding, and construction administration. The intent of the assignment is to deliver a complete, coordinated, and constructible project that satisfies City requirements and all applicable TxDOT Transportation Alternatives funding requirements.

The consultant’s work will include completion of final design for the trail and all associated improvements, including development of plans, specifications, and estimates suitable for bidding and construction. Final design services are expected to address the trail alignment, grading, drainage, structural or retaining elements if needed, pavement design, traffic control features, signage and striping, ADA accessibility requirements, utility coordination, and other related site improvements necessary for a fully functional project.

The consultant will also provide environmental services required to support project delivery and compliance with applicable local, state, and federal regulations. This effort may include preparation of environmental documentation, technical studies, agency coordination, and support for environmental review and approval processes associated with TxDOT-administered funding. Related permitting services will include identification of required permits and approvals, preparation of application materials, and coordination with jurisdictional agencies to obtain the authorizations necessary for construction.

In addition, the consultant will support the City during the procurement phase by preparing bid-ready documents, assisting with advertisement and contractor questions, issuing clarifications or addenda as needed, evaluating bids, and supporting the City through award of the construction contract.

During construction, the consultant will provide construction administration services to support successful project implementation. These services may include responding to requests for information, reviewing submittals and shop drawings, evaluating substitution requests, assisting with change order review, attending progress meetings, conducting site visits, reviewing pay applications, preparing punch list items, and supporting project closeout. The overall scope is intended to provide continuity from design through construction so that the City receives a well-coordinated project delivered in compliance with technical standards, grant requirements, and project objectives.

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 July 1, 2026.

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 BEACON BID as its e-procurement site. Electronic submissions can be made via Purchasing | New Braunfels, TX - Official 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 Waterway Lane – Hike and Bike Design”

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

September 30, 2026 RFQ issued on Purchasing | New Braunfels, TX - Official Website

October 14, 2026 Deadline for Submission of Written Questions shall be 5:00 P.M.

October 22, 2026 Responses Due – 3:00 P.M.

Late October 2026 City Evaluation

November 2026 Anticipated City Recommendation to TxDOT for Concurrence

November/December

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 to twenty (20) pages exclusive of tabs and forms. 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

• Experience, Background, Qualifications of Firm, Key Personnel, and Key Sub-

Consultants o Experience (2 pages) o Projects List – list of similar projects performed within the last five (5) years.

o Proposed Key Personnel/Organizational Chart o Resumes

• TAB 5: Understanding of the Project and Proposed Management Plan and Schedule

• TAB 6: Experience with issues within the City of New Braunfels or New Braunfels

Region

• TAB 7: 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 D – DBE - PART 3 – PARTICIPATION GOALS 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

• TAB 6: 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

BEACON BID Message Center. 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 Purchasing | New Braunfels, TX -

Official Website

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 BEACON BID 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 BEACON BID Portal.

4.9 PRE-SUBMITTAL CONFERENCE

There will NOT be a pre-submittal conference for this RFQ.

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 BEACON BID Portal.

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 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. Experience, 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. Experience (Indexed and Labeled as “Tab 3”) – 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 3”) – Respondent’s submittal shall include a maximum of three (3) 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:

3. 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.

Label assignments as:

a. Project Manager

b. Task Leader

4. Resumes (Indexed and Labeled as “Tab 3”) – Respondent shall submit one (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 one (1) page:

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 two (2) pages:

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

b. Describe Respondent’s Quality Control/Quality Assurance process, approach and capabilities to maintain quality control of 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. Project 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 hike and bike design, during the past ten (10) years. 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, referencing projects related to that experience.

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:

• Purchasing | New Braunfels, TX - Official 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;

(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-I.

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

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.

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 DBE goal for this project of 0%.

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 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

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. Reference 49 CFR 18.39(i)(11).

FHWA does not require the inclusion of these requirements in subcontracts.

5.15.8 All submittals become the property of City upon receipt and shall not be returned.

Any information deemed to be confidential by Respondent clearly should be noted on the page(s) where confidential information is contained; however, City cannot guarantee that it shall not be compelled to disclose all or part of any public record under the Texas Public

Information Act, since information deemed to be confidential by Respondent may not be considered confidential under Texas law or pursuant to a Court order.

5.15.9 PATENTED DEVICES, MATERIAL, AND PROCESSES

Indemnify and save harmless the Owner from any claims for infringement from the Contractor’s use of any patented design, device, material, process, trademark, or copyright selected by the Contractor and used in connection with the work. Indemnify and save harmless the Owner against any costs, expenses, or damages that it may be obliged to pay, by reason of this infringement, at any time during the prosecution or after the completion of the work.

5.15.10 CONFLICT OF INTEREST QUESTIONNAIRE (EXHIBIT G - FORM CIQ)

In accordance with Chapter 176 of the Texas Local Government Code, “Disclosure of Certain

Relationships with Local Government Officers,” persons, or their agents who seek to contract for the sale or purchase of property, goods, or services with the City, shall file a Conflict of

Interest Questionnaire (Form CIQ) with the City…