CITY OF SEGUIN TEXAS

REQUEST FOR QUALIFICATIONS

PROFESSIONAL SERVICES

FOR THE

CONSTRUCTION MANAGEMENT& CONSTRUCTION INSPECTION

SERVICES FOR

RUDELOFF ROAD

FROM HUBER ROAD TO SH123

CSJ: 0915-46-049

RFQ #AF-2026-047

ISSUED BY THE CITY OF SEGUIN

CAPITAL PROJECTS | ENGINEERING DEPARTMENT

CITY OF SEGUIN PURCHASING DEPARTMENT

PROPOSALS MUST BE SUBMITTED NO LATER THAN:

September 22, 2026

3:00 p.m. (Local Time)

Date Issued: August 19, 2026

Table of Contents

1. GENERAL INFORMATION

1.A. Background

1.B. Scope of Work

1.C. Quantity

1.D. Regulations

1.F. Procuring and Contracting Agency

1.F.1. Point of Contact

1.F.2. Contract Administration

1.G. Definitions

1.H. Clarification of Specifications and Requirements

2. PREPARING and SUBMITTING PROPOSAL

2.A. Evaluation and Selection

2.B. Incurring Costs

2.C. Submitting the Proposal

2.D. Proposal Organization and Format

3. PROPOSAL REQUIREMENTS

3.A. Proposal Signature Cover Page & Firm Introduction

3.B. Organizational Qualifications

3.B.1. Communication

3.B.2. Qualifications, Proposed Organization and Staffing for the Project

3.B.3. Firm’s Experience in the last five (5) years with similar projects

(Limited to one page per project)

3.C. Staff Qualifications

3.D. Technical Specifications

3.D.1. Project Oversight and Quality Control

3.D.2. Project Schedule/Timeline

3.D.3. Project Deliveries

3.E. Proposer Data Sheet

3.F. Reference Data Sheet

4. PROPOSER SELECTION and AWARD PROCESS

4.A. Proposal Scoring and Selection

4.B. Evaluation Criteria

4.C. Interviews

4.D. Proposer Selection and Award

4.E. Right to Reject Proposal and Negotiate Contract Terms

4.F. Contract

4.G. Expenses

4.H. Insurance

5. CONSULTANT PERSONNEL REPLACEMENT

6. WORK HOURS and LOCATION

7. STANDARD CONTRACT, CONDITIONS and REQUIREMENTS

8. RESTRICTIONS ON LOBBYING ACTIVITY

9. ATTACHMENT A - PROPOSER DATA SHEET

10. ATTACHMENT B - REFERENCE DATA SHEET

11. EXHIBIT A - INSURANCE REQUIREMENTS

12. EXHIBIT B - CERTIFICATE OF INTERESTED PARTIES

13. EXHIBIT C - CONFLICT OF INTEREST QUESTIONNAIRE

14. EXHIBIT D - CERTIFICATION REGARDING LOBBYING

15. EXHIBIT E - INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF

LOBBYING ACTIVITIES

16. EXHIBIT F - REQUIRED CONTRACT PROVISIONS

17. EXHIBIT G – CMCI CONSULTANT CONTRACT SCOPE

18. APPENDIX

A. Rudeloff Road Extension, CSJ0915-46-049 100% Final Construction Plans

B. Rudeloff Road Extension, CSJ0915-46-049 100% Final Project Manual

C. City of Seguin Professional Services Agreement (Contract) – Example Documents

*Exhibits are required contract documents to be provided by the proposer selected to design the project.

CAPITAL PROJECTS/ENGINEERING

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1. GENERAL INFORMATION

The City of Seguin (City) is soliciting statements of qualifications (SOQ) from qualified firms for professional services who can adequately demonstrate they have five (5) years of relevant experience, the resources, and qualifications to fulfill the role of Construction Manager/Construction Inspector (CM/CI) for our Rudeloff Road Project – Huber Road to SH123, an Alamo Area MPO STBG funded project. All consultants submitting a response to this RFQ and seeking to provide services for the City of Seguin should be extremely familiar with Local Government Project Procedures (LGPP or “Local Let”) projects receiving federal funding through the Texas Department of Transportation (TxDOT). The selected firm will be responsible for providing comprehensive construction management services for all phases of construction, quality control and quality assurance, and project close-out through the LGPP TxDOT process. The city will select one respondent to provide these services for the Rudeloff Road Extension Project.

The respondent should select a team of professionals capable of providing the required services in an efficient manner in the best interest of the City of Seguin that are familiar with the City’s processes and procedures and will provide successful, on-time, and on-budget project delivery. Information on all proposed sub-consultants should be included in the response.

As used throughout this document, “ensure” means to make certain that something has happened or will happen, and includes an obligation to deploy the appropriate level of engineering or other technical expertise, consistent with the complexity, cost, and level of risk associated with a task. Ensure does not require or guarantee the completion of any task assigned to a separate entity under any other agreement.

The work to be performed by the Engineer shall consist of managing the construction contract, which includes monitoring during and verifying after, that construction of specific operations are in accordance with the plans, and providing Engineer Led Inspection Teams (ELIT) to perform various CEI services, that include the services described in Exhibit G CMCI Consultant Contract Scope of Work.

1.A. Background

The City of Seguin was awarded funding from the Alamo Area Metropolitan Planning Organization (AAMPO) for the STBG - Road Widening Project (Off System) for Rudeloff Road from Huber Road and State Highway 123 at FM 20. The Project consists of widening the roadway section from two to four lanes with a continuous left turn lane and/or median and shared use paths on both sides. The Project encompasses approximately 1.62 miles. Scope of the project includes grading, base, hot mix asphalt paving, storm sewer system, concrete curbing, bridge class culverts, concrete driveways, installation of shared use paths, pavement markings, signs, topsoil, seeding, and all other appurtenances necessary for the complete project. This project includes construction of approximately 6,635 LF of 16” water main, 176 LF of 12” water main, and related appurtenances. The project may require utility coordination should conflicts arise due to relocated infrastructure being located out of assignment. Utility relocation costs are not covered by federal funds and therefore the construction management record keeping shall be kept separate. The current bid estimated total construction cost for this project is $19.3 million.

1.B. Scope of Work

The City of Seguin is issuing this request for qualifications (RFQ) to obtain qualified professional services related to construction management, inspection services, and geotechnical engineering quality assurances for the Rudeloff Road Extension Project. The selected firm will also perform a high-level review of the Final Construction Documents and provide an independent, technical evaluation of engineering plans, specifications, and supporting documents to ensure compliance with applicable codes, standards, and project requirements before Advertisement of the Project.

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1. Peer Review Task Description and Scope

This task is required; However, is not intended to impact letting schedule and will therefore require a timely turn-around for review.

Key Responsibilities:

• Review Design Documents: Examine drawings, calculations, and specifications for accuracy, completeness, and constructability.

• Verify Compliance: Check alignment with relevant engineering standards and safety regulations.

• Assess Feasibility: Identify potential design conflicts, constructability issues, or cost inefficiencies.

• Quality Assurance: Ensure that design intent is clearly communicated and that documentation meets professional and contractual standards.

• Provide Feedback: Prepare a written review report with clear, actionable recommendations for revisions or improvements.

• Collaborate with Design Team: Discuss findings with project engineers, architects, and stakeholders to resolve issues efficiently.

Deliverables:

• Annotated plan sets or marked-up drawings.

• Peer review checklist with pass/fail or compliance notes.

• Summary report highlighting critical issues, suggested changes, and final recommendations.

2. Construction Management and Construction Inspections Scope

The project will have a CM/CI firm under the direction and management of the City’s Capital Projects and Engineering Department. The selected firm will be responsible for the successful management, inspection, record keeping, and general administration of construction and inspection activities for the project. In addition, the selected firm will be responsible for managing and coordinating materials testing and quality assurance activities under the CM/CI contract.

The selected firm will be responsible for satisfying the terms and conditions of a Professional Services Agreement, to be negotiated and executed after selection, including but not limited to the following activities:

• Providing daily project construction management, direction, and oversight of contractor activities;

problem resolution; inspection and coordinating testing services; coordinating with design engineer, third parties, external agencies, the City of Seguin forces, or other projects in the City of Seguin CIP.

• Creating, documenting, and attaining all required documents, records, and reports required for LGPP projects.

• Preparation and review of monthly pay applications. Ensure monthly pay applications are accurate and complete (including all federally required documentation), prepare daily work reports, Work Change Directives and Change Orders, and submittals.

• Compile all reimbursement requests for monthly submission to TxDOT.

• Perform and/or assist with all required CUF and Davis Bacon interviews.

• Manage safety inspections in accordance with TxDOT/FHWA requirements.

• All construction administration is managed through the firm’s internal programs that provide documentation which can be readily utilized by the City and TxDOT as part of any project audit process.

• Monitor and ensure compliance with project schedule.

• Responsible for communications with adjacent property owners and businesses.

• Review and evaluate the appropriateness of all proposed change orders; Advise the City as to the effect on the contract time and cost; perform independent estimates of proposed change order work when necessary or when directed by the City. Negotiate change orders and submit recommend approval to denial by the City.

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• Evaluate any contractor claim; negotiate and resolve claim issues. Recommend approval or denial by the City.

• Schedule and conduct construction and progress meetings (frequency may vary based on complexity of construction at time) to discuss such matters as procedures, progress, problems, and scheduling.

• Monitor plan quantities to project possible work item overruns.

• Facilitate engineer’s review of contractor submitted questions and RFIs. Ensure consultants and engineers respond within contract time frames.

• Monitor contractor work performance for deficiencies and recommend corrective actions needed. Assure completion of corrective actions.

• Management of completion walk-throughs and the compilation of a detailed punch list.

• Coordinate the closeout procedures. Monitor the contractor’s subcontractors’, and engineer’s progress to finalize all project records, complete and correct as-builts, and other documents required by TxDOT.

• Advise on substantial and final completion and any liquidated damages.

• Oversee the complete performance of all punch list items and final clean-up before contractor moves off site.

• Obtain the contractor’s as-built drawings, contract required documents, warranties, and lien releases.

Review and circulate to the City for final acceptance.

• Advise the City on final payment.

• Schedule a two-year warranty walkthrough.

• Coordinate, schedule, and conduct project closeout meeting.

• Document Control Services include:

• Log project communications, submittals, change orders, RFIs and responses, citizen complaints, meeting minutes, notes, federally required reports, sketches and supporting data generated during the work, testing reports, and corrective actions.

To accomplish the goals of the project, the selected firm must be able to independently execute extensive coordination with the various regulatory agencies, public entities, private utilities, and the public.

Project Goals:

• Manage the Construction and Inspection process to a coordinated, predictable, and successful outcome. Meet project goals within scope, budget, and schedule.

• Coordinate the project with the City’s other CIP, utility, and adjacent development projects.

• Create an early warning system to allow problems to be addressed in a proactive manner.

• Meet all TxDOT and FHWA requirements for federal funded projects, including management of documentation for pay applications and reimbursements.

• Ensure that all Environmental permit requirements for the project are met and documented.

• Meet all TxDOT and federal requirements for locally-let projects.

• Accurate reporting of Project progress and Project financials.

1.C. Quantity

The City anticipates awarding a contract to one (1) firm to provide the construction management services for the Rudeloff Road Extension Project.

1.D. Regulations

All work must be performed in compliance with all applicable city, state, and federal laws and regulations.

1.F. Procuring and Contracting Agency

1.F.1. Point of Contact

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City of Seguin issues this Request for Qualifications (RFQ) and the Purchasing Manager is the sole point of contact during the solicitation and selection process.

Ashley Bruns, CPPB, Purchasing Manager ABruns@seguintexas.gov

1.F.2. Contract Administration

Capital Projects/Engineering for the City of Seguin will administer the contract resulting from this RFQ.

The contract administrator is:

Melissa Reynolds, P.E., MPA, CFM Office: 830.386.2594

Director of Engineering Email: mreynolds@seguintexas.gov

Development Services Center Website: www.seguintexas.gov

108 E. Mountain Street, Seguin, Texas 78155

1.G. Definitions

The following definitions are used in this RFQ:

• “CONSULTANT” – means the firm selected from this RFQ

• “DEPARTMENT” or “CITY” – means the City of Seguin

• “PROJECT” – means the Rudeloff Phase 1 Project

• “PROPOSER” or “FIRM” – means a firm submitting a proposal in response to this RFQ

• “RFQ” – means Request for Qualifications

• “STATE” – means the State of Texas

1.H. Clarification of Specifications and Requirements

If additional information is necessary to assist the Proposer in interpreting these specifications, questions will be via email as follows:

Name: Ashley Bruns, CPPB, Purchasing Manager Email: ABruns@seguintexas.gov

Subject: “PROFESSIONAL SERVICES FOR CONSTRUCTION MANAGEMENT AND

CONSTRUCTION INSPECTIONS SERVICES FOR RUDELOFF ROAD EXTENSION

PROJECT- RFQ QUESTIONS”

Questions must be received via email by September 15, 2026, by 3:00 p.m. local time to be included in addendum.

RFQ Timetable (some dates may subject to change):

Event Date

− RFQ Issued 08/19/2026

− All Proposer’s Questions due by 09/08/2026

− Proposer Q & A Addendum issued 09/15/2026

− WRITTEN PROPOSAL DEADLINE 09/22/2026

− Evaluation Process (estimate) 09/22/2026 – 10/06/2026

− Notice to Selected Firm(s) for Interviews (if necessary) 10/06/2026

− Interviews (if necessary) 10/13/2026 – 10/15/2026

− Selection of Preferred Consultant (estimate) 10/16/2026

− Consultant Contract Negotiation (estimate) 10/23/2026 – 11/12/2026

− Contract Award or Selection of 2nd Firm 11/13/2026

(If initial negotiation is an impasse)

- Award of CM/CI Contract (estimate) 12/01/2026

- Execute CM/CI Contract (estimate) 12/08/2026

- Peer Review of Construction Documents (estimate) 12/02/2026 – 12/28/2026

- Peer Review Package Issued to City (estimate) 12/29/2026

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- Start of Project Construction March 2027

2. PREPARING and SUBMITTING PROPOSAL

2.A. Evaluation and Selection

Evaluation and selection of a consultant will be based on the information submitted in the proposal, references, and interview(s) process. Proposers should respond clearly and completely to all requirements. Failure to respond completely may be the basis for rejecting a proposal. Elaborate proposals (e.g., expensive artwork) beyond requirements of this RFQ are not necessary or desired.

2.B. Incurring Costs

City is not liable for any costs incurred by the Proposer in replying to this RFQ.

2.C. Submitting the Proposal

Proposer must submit their Statement of Qualifications Document electronically through the City’s BidNet Direct website http://www.bidnetdirect.com/texas/cityofseguin. All proposals must be sealed in one package and identified as:

“CITY OF SEGUIN CONSTRUCTION MANAGEMENT AND CONSTRUCTION INSPECTIONS

SERVICES FOR RUDELOFF ROAD – HUBER ROAD TO SH123 PROJECT”

Proposals must be received by the City no later than 3:00 p.m. central (local) time on September 22, 2026.

The City will not be responsible for late proposals received after the deadline. Under no circumstances will late proposals be accepted.

2.D. Proposal Organization and Format

The Proposal should be formatted to a conventional Letter Format, 8.5-inch by 11-inch paper. Portrait format is preferred, but the City will allow landscape view. Proposals must be organized with the following headings.

Each heading should be separated by tabs or otherwise clearly marked. Tabbing of the document sections will facilitate review by the review committee.

The Proposal must contain:

1) Proposal Signature Cover Page & Firm Introduction (signed by firm’s primary engineer)

Limited to 2 pages maximum

2) Organizational Qualifications (communication, preferred skills, firm’s relevant experience)

3) Staff Qualifications (minimum skills and experience of key staff) Limited to 5 pages maximum.

4) Technical Specifications (project description, oversight, deliverables)

5) Proposer Data Sheet (ATTACHMENT A)

6) Reference Data Sheet (ATTACHMENT B)

7) Copy of current certificate of insurance for professional liability

8) Statement of Conflicts of Interest (if any) the service provider or key employees may have regarding these services, and a plan for mitigating the conflict(s). Note that the City may in its sole discretion determine whether or not a conflict disqualifies a firm, and/or whether or not a conflict mitigation plan is acceptable.

9) System for Award Management. Service provider must have a current registration in the System for Award Management (https://www.sam.gov/SAM/). Service provider and its Principals may not be debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM). Include verification that the service provider as well as its principals are not listed (are not debarred) through the System for Award Management (www.SAM.gov).

Enclose a printout of the search results that includes the record date. This clearance information must be included in the service provider’s SOQ.

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10) Form Conflict of Interest Questionnaire (enclosed). Texas Local Government Code chapter 176 requires that any vendor or person who enters or seeks to enter into a contract with a local government entity disclose in the Questionnaire Form CIQ the vendor or person’s employment, affiliation, business relationship, family relationship or provision of gifts that might cause a conflict of interest with a local government entity. Questionnaire form CIQ is included in the RFQ and must be submitted with the response.

11) Certification Regarding Lobbying - Disclosure of Lobbying Activities (enclosed). Certification for Contracts, Grants, Loans, and Cooperative Agreements is included in the RFQ and must be submitted with the response.

12) Form 1295 (enclosed). Effective January 1, 2018, all contracts and contract amendments, extensions, or renewals executed by the Commissioners Court will require the completion of Form 1295 “Certificate of Interested Parties” pursuant to Government Code § 2252.908. Form 1295 must be completed by the awarded vendor at time of signed contract submission. Form 1295 is included in this RFQ for your information. Form 1295 requires the inclusion of an “unsworn declaration” which includes, among other things, the date of birth and address of the authorized representative signing the form.

13) Required Contract Provisions (enclosed). Applicable provisions (enclosed) must be included in all contracts executed as a result of this RFQ. Other Provisions may be presented during contract negotiations.

3. PROPOSAL REQUIREMENTS

Proposer shall respond to the RFQ as follows:

3.A. Proposal Signature Cover Page & Firm Introduction

• Provide the name and address of the organization.

• Business tenure and incorporation background.

• Identify a designated contact in the organization with telephone number, fax number, and e-mail address.

• Certify that sufficient resources in personnel, equipment, and time are available and can be committed to the City.

3.B. Organizational Qualifications

3.B.1. Communication

• Firm’s ability to effectively communicate both written and orally with individuals of all technical levels.

3.B.2. Qualifications, Proposed Organization and Staffing for the Project

• Firm’s proposed organizational chart for the project.

• Names and resumes of key staff assigned to this project.

• A demonstration of the firm’s understanding of the project through an outline of their suggested approach to management of a federally funded construction project (limited to two pages).

3.B.3. Firm’s Experience in the last five (5) years with similar projects

(Limited to one page per project)

• Identify projects of a similar nature with which the team has had direct experience. Be specific on why the referenced projects are similar to this project, including but not limited to project location, description, date of implementation, services provided by your firm for the project, and client contact information. Include a link to project photos/deliverables if available.

• Be specific and identify project dates and results.

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3.C. Staff Qualifications

• Identify specific firm “team members” to be committed to the project. Describe how their experience is related to the project and indicate what their role(s) in the project will be.

Include the consultant team’s general depth of experience and knowledge, and the applicability to the project.

• Identify the principal supervisory and management staff, including partners, managers, other supervisors, and specialists, who would be assigned to these services.

• Indicate whether each person is registered or licensed to practice in Texas. Provide information on the experience of each person.

• Description of responsibilities for all proposed staff.

• Indicate appropriate certifications, LGPP Training, and other relevant experience in Staff Biographies.

• Time commitments of proposed staff.

3.D. Technical Specifications

3.D.1. Project Oversight and Quality Control

• Describe ability to communicate with City staff.

• Describe availability to provide project oversight after normal business hours if necessary.

• Describe internal quality assurance/quality control processes for project deliverables.

• Describe ability to provide periodic review of all materials developed.

3.D.2. Project Schedule/Timeline

• Indicate ability to begin work on the project within thirty (30) days of the contract award

• Describe availability to provide management during implementation.

3.D.3. Project Deliveries

• Firm’s history in completing deliverables on schedule.

• Describe project deliverables, program/reports to be generated.

3.E. Proposer Data Sheet

• ATTACHMENT A (See page 13)

3.F. Reference Data Sheet

• ATTACHMENT B (See page 14)

4. PROPOSER SELECTION and AWARD PROCESS

4.A. Proposal Scoring and Selection

A review panel comprised of City staff will review and rate each written proposal based on the criteria of this RFQ. Top scoring firms may be asked to schedule an interview with the evaluation panel.

Responding to this RFQ constitutes understanding and agreement to the methods of the rating matrix, evaluation, and selection process.

4.B. Evaluation Criteria

Proposals submitted in response to this RFQ will be evaluated based on the following criteria:

A. Qualifications (Maximum Points: 100)

a) Completeness and thoroughness of SOQ, understanding of RFQ, and responsiveness to terms and conditions. (Maximum Points: 10)

b) The firm’s past experience in performing similar assignments for other Local Government Organizations. (Maximum Points: 10)

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b) The firm’s experience in managing construction and inspection services for locally let projects using Federal funds which were reviewed by the Texas Department of Transportation.

(Maximum Points: 15)

c) The depth of experience of the firm’s staff in transportation project construction management and inspection, qualifications of Personnel, and experience of Personnel.

(Maximum Points: 15)

c) The firm’s ability to assign qualified staff that will be in responsible charge of the project and will be able to complete the work within the time schedule required.

(Maximum Points: 15)

d) Demonstration of the firm’s innovative construction management concepts from past projects.

(Maximum Points: 10)

e) Previous experience on municipal projects, including previous experience on a City of Seguin project, if applicable. (Maximum Points: 15)

f) Demonstrate firm’s ownership in the project by addressing the following questions:

(Maximum Points 10)

(1) What is your firm’s philosophy on project “Ownership”?

(2) How will you ensure that all assigned personnel will take “ownership” of the project?

(3) Provide examples of taking “ownership” in projects that you have managed. How did this result in a better, faster, less expensive project outcome?

(4) Explain your firm’s Quality Assurance /Quality Control Policy. Is it a written policy?

(5) What processes are in place to ensure the QA/QC Policy is followed?

(6) Provide examples where your QA/QC Policy saved a client money by avoiding a significant mistake before the project was bid/under construction.

(7) What action was taken to ensure that past mistakes were not repeated?

h) DBE goals are not required under this contract in accordance with current Federal Regulations.

B. Organization, Personnel, and Experience (Maximum points: 65)

a) The firm’s past experience in performing similar assignments for other Local Governments (Maximum Points: 10)

b) The firm’s experience in managing construction and inspection services for locally let projects using Federal funds which were reviewed by the Texas Department of Transportation.

(Maximum Points: 15)

c) The depth of experience of the firm’s staff in transportation project construction management and inspection, qualifications of Personnel, and experience of Personnel.

(Maximum Points: 15)

d) Demonstration of the firm’s innovative construction management concepts from past projects.

(Maximum Points: 10)

e) Previous experience on municipal projects, including previous experience on a City of Seguin project, if applicable. (Maximum Points: 15)

C. General Quality and Adequacy of Response (Maximum points: 25)

a) Completeness and thoroughness of SOQ, understanding of RFQ, and responsiveness to terms and conditions. (Maximum Points: 10)

b) The firm’s ability to assign qualified staff that will be in responsible charge of the project and will be able to complete the work within the time-schedule required. (Maximum Points: 15)

D. Technical Criteria – Quality of Package (Maximum Points: 10):

a) Demonstrate firm’s ownership in the project by addressing the following questions:

(1) What is your firm’s philosophy on project “Ownership”?

(2) How will you ensure that all assigned personnel will take “ownership” of the project?

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(3) Provide examples of taking “ownership” in projects that you have managed. How did this result in a better, faster, less expensive project outcome?

(4) Explain your firm’s Quality Assurance /Quality Control Policy. Is it a written policy?

(5) What processes are in place to ensure the QA/QC Policy is followed?

b) Provide examples where your QA/QC Policy saved a client money by avoiding a significant mistake before the project was bid/under construction.

c) What action was taken to ensure that past mistakes were not repeated?

4.C. Interviews

Interviews may be conducted after the receipt and rating of the written proposal by the review panel. If conducted, interviews will allow the selected Proposer an opportunity to clarify their proposal. Each proposer selected to interview will be asked the same questions and scored on responses to the questions during the interview. Interview request refusal will result in rejection of Proposer’s proposal irrespective of scoring.

4.D. Proposer Selection and Award

The Proposal will be used to rank the respondents and determine a short list of firms for Construction Management and Inspection Services. In addition, the Proposal will be used for reference material throughout the selection process. Once the short list has been determined, there may be an oral interview/presentation session scheduled. Proposer selection and award will be granted based on the recommendation by the review panel following the rating and interview process (if conducted). Once a preferred contractor is selected from the short list, the City will attempt to negotiate a contract that reasonably serves the interests of the citizens of the City of Seguin, Texas. That negotiation will follow the procedures described in section 4.F, below.

The selected Consultant(s) will develop a fee proposal for their services in conjunction with the preparation of their Firms SOQ Document. The City of Seguin intends to complete the SOQ Review in a prompt manner and enter into contract negotiation concurrent with TxDOT Review of the City’s recommendation of award of the CMCI Firm. A timeline for this process presented in the RFQ and the example Contract Documents required by the City of Seguin may be found in Exhibit G of the RFQ.

4.E. Right to Reject Proposal and Negotiate Contract Terms

The City reserves the right to reject any and all proposals. The City reserves the right to negotiate the terms of the contract, including reimbursement rates with the selected Consultant prior to entering into a contract.

If contract negotiations cannot be concluded successfully with the highest scoring Proposer, the City may negotiate a contract with the next highest scoring Proposer and so on until an agreement is reached.

4.F. Contract

• Negotiations

− After selection of a Consultant based on qualifications, the City will then enter into negotiations as to the terms of the contract, all aspects of services, and the compensation to be paid to the Consultant.

• Inability to Reach Agreement

− In the event the negotiation between the most qualified Consultant(s) selected and the City cannot be completed as a result of an inability to reach agreement on the fee or services or the scope of work to be performed, then at the option of the City, the contract may be awarded to the next most qualified Consultant. Negotiations will continue in this sequence until a contract is finalized, or all responses are rejected.

• City Council Approval

− The final contract will be submitted to the City Council for approval.

• Final Contract

− The selected Consultant will be required to assume responsibility for all services offered in its response, whether or not such services are provided by a partnership arrangement. The successful

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Consultant will be considered the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

− The successful Consultant will be required to enter into the contract with the City.

− This RFQ and the successful Consultant’s response, or any part thereof, may be incorporated into and made a part of the final contract. The City reserves the right to negotiate the terms and conditions of the contract with the successful Consultant.

● Upon the award of this contract, profit (either %/actual cost) must be identified and negotiated as a separate element of the price for any contract in excess of $50,000.

4.G. Expenses

Covered expenses will be paid on a reimbursement basis in accordance with the RFQ.

4.H. Insurance

Prior to beginning work, the successful Consultant shall have on file with the City of Seguin a Certificate of

Liability Insurance form covering worker’s compensation, commercial general liability, professional liability, and business auto, listing the City as an additional insured in accordance with Exhibit A.

5. CONSULTANT PERSONNEL REPLACEMENT

• Replacement of selected consultant personnel shall require the approval of the City.

• Replacement personnel shall have comparable qualifications and be provided at the contracted rate.

• Any request by the consultant to replace a team member shall be done in writing to the City.

− A resume for the proposed replacement must be submitted to the City for review.

− The City may reject the proposed replacement if qualifications and/or reference(s) of past working performance are deemed questionable or unfavorable.

• If the City determines the selected consultant is unable to perform satisfactorily or communicate effectively, the City may, at its discretion, remove consultant immediately from the contact.

• If the consultant is removed and the City did not initiate the request, the firm has five (5) working days to provide a replacement. There shall be no charge to the City for the first five (5) working days of the replacement.

6. WORK HOURS and LOCATION

• Services shall be provided during normal business hours unless otherwise approved and coordinated with the City.

• Normal business hours are Monday through Friday from 8:00 am through 5:00 pm excluding holidays.

• Consultant may be required to work on weekends, evenings, and holidays. The City will not pay an overtime rate for this service. All hours shall be billed at the hourly rate quoted.

7. STANDARD CONTRACT, CONDITIONS and REQUIREMENTS

The successful Proposer and the City will enter into a contract for the services described in this RFQ. Failure of the successful Proposer to accept the obligations of a contractual agreement may result in a cancellation of award.

8. RESTRICTIONS ON LOBBYING ACTIVITY

The City is committed to maintaining fair and open competition as required by local, state, and federal laws and statutes. Every effort is made to maintain the highest level of ethical conduct in every aspect of the procurement process. Sharp business practice or high-pressure tactics will not be tolerated. Qualification and selection of vendors is based on those vendors who share the same high standards of ethical conduct.

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Proponents are strictly prohibited from directly or indirectly communicating with City Council members regarding the Proponent’s qualifications or any other matter related to the eventual award of a contract for the services requested under this RFP. Proponents are prohibited from contacting City staff members or selection committee members regarding their qualifications or the award of a contract unless in response to an inquiry initiated by a staff or committee member. Any violation will result in immediate disqualification of the Proponent from the selection process.

Upon issuance of the RFP, all proponent communications and requests for clarification or objections shall be directed in writing to Twila Wood, Purchasing Manager, for response, determination, and dissemination to all proponents. Any communication by proponents or their representatives toward other city officers or employees regarding this RFP or the award of a contract are prohibited and will constitute grounds for disqualification of a proponent.

A lobbyist or a proponent or any of their agents may not do any act or refrain from any act for the express purpose and intent of placing any City official under personal obligation to the lobbyist or proponent.

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9. ATTACHMENT A - PROPOSER DATA SHEET

FIRM NAME:

ADDRESS:

CITY: STATE:

FEDERAL EMPLOYER IDENTIFICATION NUMBER:

OR SOCIAL SECURITY NUMBER (if sole proprietorship):

CORPORATION: [ ] YES [ ] NO

PROPOSAL CONTACT PERSON:

TITLE:

PHONE: FAX NUMBER:

EMAIL:

MAILING ADDRESS WHERE REIMBURSEMENTS ARE TO BE MAILED AND NAME OF BILLING

CONTACT:

NAME:

TITLE:

PHONE: FAX NUMBER:

EMAIL:

IS THE FIRM SUBMITTING THIS PROPOSAL AN IDIVIDUAL? [ ] YES [ ] NO

IF YES, HAS THE INDIVIDUAL BEEN EMPLOYEED BY A STATE AGENCY AT ANY TIME

DURING THE PAST TWO (2) YEARS? [ ] YES [ ] NO

IF YES, IN COMPLIANCE WITH TEXAS GOVERNMENT CODE 2254.033, PLEASE ATTACH A

SEPARATE SHEET TO EXPLAIN:

− The nature of the previous employment with the State

− The date the employment terminated

− The annual rate of compensation for the employment at the time of termination

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10. ATTACHMENT B - REFERENCE DATA SHEET

(reproduce sheet as necessary)

PROVIDE AT LEAST THREE REFERENCES (references should include):

− Client Name

− Location (city, state)

− Contact Person

− Telephone Number

− Information on contracted services similar to this RFQ

CLIENT NAME:

CITY: STATE:

CONTACT PERSON: TITLE:

PHONE NUMBER:

PROJECT NAME:

PROJECT START DATE: PROJECT END DATE:

SUMMARY OF CONTRACTED SERVICES (include project involvement, principal firm, multi-firm collaboration, sub-consultant(s):

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11. EXHIBIT A - INSURANCE REQUIREMENTS

(Issue Date August 25, 2025)

SECTION A. Prior to the approval of this contract by the City, CONTRACTOR shall furnish a completed Insurance

Certificate to the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS

CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF SEGUIN'S PURCHASING

DEPARTMENT, and no officer or employee of the City shall have authority to waive this requirement.

INSURANCE COVERAGE REQUIRED

SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY, based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR.

SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by

CITY, CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY, in the following type(s) and amount(s):

TYPE AMOUNT

1. Workers' Compensation and Statutory

Employer’s Liability

NOTE: For building or construction projects, and services provided at City-owned facilities, the successful

Contractor shall meet the minimum requirements defined in the Texas Workers' Compensation

Commission Rule 28 TAC §110.110 which follows this insurance attachment.

2. Commercial General (public) Liability including coverage for the following:

a. Premises operations $1,000 per occurrence

b. Independent contractors $2,000,000 aggregate

c. Products/completed operations

d. Personal injury

e. Advertising injury

f. Contractual liability

g. Medical payments

h. Professional liability*

i. Underground hazard*

j. Explosion and collapse hazard*

k. Liquor liability*

l. Fire legal liability*

m. City's property in Contractor's* care, custody, or control

n. Asbestos specific liability*

* Not Required for this contract

3. Comprehensive Automobile Liability $1,000,000 per occurrence insurance, including coverage for loading and unloading hazards, for:

a. Owned/Leased vehicles

b. Non-owned vehicles

c. Hired vehicles

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4. Errors and Omissions $1,000,000 per occurrence or claim

Insurance policy $2,000,000 aggregate

(when applicable) for the willful or negligent acts or omissions of any no less than officers, employees, or agents thereof

5. Cyber $2,000,000

(when applicable)

ADDITIONAL POLICY ENDORSEMENTS

CITY shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by CITY, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof.

REQUIRED PROVISIONS

CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions.

a. Name the City of Seguin and its officers, employees, and elected representatives as an Additional Insured(s), (as the interest of each insured may appear) to all applicable coverage.

b. Provide for 30 days’ notice to City for cancellation, non-renewal, or material change.

c. Provide for notice to City at the address shown below by registered mail.

d. CONTRACTOR agrees to waive subrogation against the City of Seguin, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance.

e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

f. For coverages that are only available with claims made policies, the required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period) and an extended discovery period for a minimum of five years which shall begin at the end of the warranty period.

NOTICES

CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty

(30) days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to CITY at the following address:

Purchasing Department

City of Seguin

P.O. Box 591

Seguin, Texas 78156

SECTION D. Approval, disapproval, or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents.

Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability.

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WORKERS COMPENSATION INSURANCE

for

Building or Construction Projects and Services Provided at City-Owned Facilities

TEXAS WORKERS' COMPENSATION COMMISSION RULE 28 § 110.110

As required by the Texas Workers' Compensation Rule 28, §110.110, the Contractor shall accept the following definitions and comply with the following provisions:

Workers' Compensation Insurance Coverage

A. Definitions:

1. Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

2. Duration of the project-includes the time from the beginning of the work on the project until the

Contractor's/person's work on the project has been completed and accepted by the City of Seguin.

3. Persons providing services on the project ("subcontractor" in Section 406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project.

"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section

401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project.

C. The Contractor must provide a certificate of coverage to the City of Seguin prior to being awarded the contract.

D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the

City of Seguin showing that coverage has been extended.

E. The Contractor shall obtain from each person providing services on a project, and provide to the City of Seguin:

1. A certificate of coverage, prior to that person beginning work on the project, so the City of Seguin will have on file certificates of coverage showing coverage for all persons providing services on the project; and

2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

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F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter.

G. The Contractor shall notify the City of Seguin in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas

Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to:

1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project.

3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

4. Obtain from each other person with whom it contracts, and provide to the Contractor:

a. A certificate of coverage, prior to the other person beginning work on the project; and

b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

5. Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter;

6. Notify the City of Seguin in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City of Seguin that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts,…