1-2602-034 RFQ Materials Testing.pdf

CITY OF FRISCO REQUEST FOR QUALIFICATIONS NO. 2602-034

MATERIALS TESTING

SUBMISSIONS ARE DUE TO THE OFFICE OF

THE PURCHASING MANAGER PRIOR TO:

MARCH 17, 2026

@ 2:00PM CT

NO LATE SUBMITTALS WILL BE ACCEPTED.

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Questions are to be sent to purchasing@friscotexas.gov prior to:

March 10, 2026 @ 4:00PM CT

Bids must be supplied on CD or flash drive along with an original or submitted electronically via Bonfire, https://friscotexas.bonfirehub.com.

For CD/flash drive and hard copy submittals, deliver or mail to:

CITY OF FRISCO

STEVE CONE

PURCHASING MANAGER

6101 FRISCO SQUARE BLVD

FRISCO, TX 75034

For additional information concerning this RFQ please contact:

Steve Cone, NIGP-CPP, CPPB Purchasing Manager scone@friscotexas.gov 972 292 5542

Kelsey Luce, CPPB Senior Buyer kluce@friscotexas.gov 972 292 5541 https://teams.microsoft.com/meet/27500062680771?p=c8t9D5TMKXFmlWnSsg https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_Mjk2YTRlNDQtNjdmNS00MDc0LTgzYWYtNTBiODgxODY3OGFi%40thread.v2/0?context=%7b%22Tid%22%3a%221946996a-f93f-4eb6-b620-0109ab3b573d%22%2c%22Oid%22%3a%226b08396b-219a-4c3c-9a04-c37fc838664b%22%7d tel:+14694450737,,774912034 tel:8773661298,,774912034 https://dialin.teams.microsoft.com/33cfe68e-9eb8-4895-8e61-09ef1f3f4b2b?id=774912034 mailto:purchasing@friscotexas.gov https://friscotexas.bonfirehub.com/portal mailto:scone@friscotexas.gov mailto:kluce@friscotexas.gov

REQUEST FOR QUALIFICATIONS 2602-034

RESPONDENTS MUST SUBMIT ORIGINAL PROPOSAL PLUS DIGITAL COPY ON CD OR

FLASHDRIVE TO FACILITATE EVALUATION UNLESS SUBMITTING ELECTRONICALLY

THROUGH BONFIRE.

It is the policy of the City to involve small businesses and qualified minority/woman owned businesses to the greatest extent possible in the procurement of goods, equipment, services, and construction projects.

The solicitation documents are available through Bonfire and vendors may register at https://friscotexas.bonfirehub.com/portal. Note that submissions must be received on Bonfire by the due date and time in order to be considered. Any submission that is not received on time will not be considered. Submitting proposals via the Bonfire website is not mandatory, hard copy and cd/flash drive submittal in accordance with these solicitation specifications will also be accepted.

Proposal submissions and registration are free of charge, for more information on being a vendor visit the vendor portal at the link provided above.

SUBMISSIONS MUST BE RECEIVED BY MARCH 17, 2026, BY 2:00 PM CENTRAL TIME (CT)

BY THE PURCHASING MANAGER. NO SUBMISSIONS WILL BE ACCEPTED AFTER THAT

DATE AND TIME. ALL SUBMISSIONS RECEIVED AFTER THIS DATE AND TIME WILL BE

CONSIDERED NON-RESPONSIVE.

Submissions will be publicly opened and read aloud at the Frisco City Hall located at 6101 Frisco Square Blvd., Frisco, Texas 75034 on March 17, 2026 at 2:05 PM CT or online via Microsoft Teams.

Write the request for qualifications number, 2602-034 name of submission, MATERIALS TESTING, and the name of your organization on the outer envelope.

RFQs are to be submitted in accordance with the attached City specifications and the “General Conditions of Bidding” attached hereto. Each respondent is required to fill in every blank; failure to do so may be used as a basis for rejection of a bid. The City reserves the right to reject any or all bids, to waive formalities, or to proceed otherwise when in the best interest of the City.

The City will have the right and option to terminate the contract upon thirty (30) days written notice.

The successful proposer may be required to execute a written contract.

https://friscotexas.bonfirehub.com/portal

GENERAL CONDITIONS OF PROPOSER

1. INSTRUCTIONS: These instructions apply to all proposals and become a part of the terms and conditions of any proposal submitted and any agreement entered into subsequent thereto, unless exception is taken in writing by proposer when submitting proposal.

PROPOSALS

2. FORM: Respondent must submit original hard copy and a digital copy on CD or Flashdrive of the sealed Proposal/written quote/proposal or submit electronically via Bonfire to the Director of Administrative Services prior to response due date/time. Failure to submit the additional copies may result in the Submission being declared non responsive to specification and may not be further evaluated.

3. PRICING: Price(s) quoted must be held firm for a minimum of ninety (90) days from the date of RFQ closing. In the case of estimated requirement contract submission, the prices must remain firm for the period as specified in the RFQ. “Discount from list” Proposals are not acceptable unless specifically requested in the RFQ.

4. QUANTITIES: In the case of estimated requirements contract Proposal, quantities appearing are estimated as realistically as possible. However, the City reserves the right to increase, decrease or delete any item or items of material to be furnished while continuing to pay the price quoted on this Proposal regardless of quantity. The successful Proposer shall have no claim against the City for anticipated profits for the quantities called for, diminished, or deleted.

5. ERROR-QUANTITY: Responses must be submitted on units of quantity specified, extended, and show total. In the event of discrepancies in extension, the unit prices shall govern.

6. F.O.B./DAMAGE: Quotations shall be proposed F.O.B. delivered to the designated

Municipal Facility, Frisco, Texas and shall include all delivery and packaging costs. The City assumes no liability for goods delivered in damaged or unacceptable condition. The successful Proposer shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City.

7. DELIVERY PROMISE-PENALTIES: Responses MUST show the number of calendar days required to place the material in the possession of the City. Do not quote shipping dates. When delivery delay can be foreseen, the Proposer shall give prior written notice to the City, who shall have the right, in its sole discretion, to extend the delivery date if reasons for delay appear acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes the City to purchase the goods elsewhere, and charge any increase in cost and handling to the defaulting Proposer.

8. RESPONDENT SHALL PROVIDE: With this Proposal response, the Proposer shall provide all documentation required. Failure to provide this information may result in rejection of submission.

9. ALTERING/WITHDRAWAL OF SUBMISSIONS: Proposals cannot be altered or amended after submission deadline. The signer of the Proposal, guaranteeing authenticity, must initial any interlineations alteration, or erasure made before opening time. No Proposal may be withdrawn after opening time without first submitting a written reason to the Director of Administrative Services and obtaining the Director of Administrative Services’ approval.

10. PRESENTATION OF SUBMISSIONS: No oral, telegraphic, telephonic, e-mailed, or facsimile Proposals will be considered at this time. All Proposals must be submitted in a sealed envelope.

11. CORRESPONDENCE: This RFQ number must appear on ALL correspondence, inquiries, Proposal submittal documents, etc. pertaining to this Request for Qualifications.

12. ADDENDA: Any interpretations, corrections or changes to this Invitation for Proposal and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Frisco Purchasing Division. An attempt will be made to mail, fax, or e-mail any addenda to all who are known to have received a copy of this Request for Qualifications. Respondents shall acknowledge receipt of all addenda in the designated area on the RFQ document. It is the responsibility of the Respondent to ensure receipt of all addenda and to include the changes in this RFQ document.

13. LATE PROPOSALS: Submissions received by the City after submission deadline shall be returned unopened and will be considered void and unacceptable. The City is not responsible for lateness of mail, carrier, etc.

14. SUBMISSION OPENINGS: All submissions submitted will be read at the City’s regularly scheduled Proposal opening for the designated project. However the reading of a submission at RFQ opening should not be construed as a comment on the responsiveness of such submission or as any indication that the City accepts such submission as responsive.

The City will make a determination as to the responsiveness of submittal based upon compliance with all applicable laws, City of Frisco Purchasing Guidelines, and project documents, including but not limited to the project specifications and contract documents. The City will notify the successful respondent upon award of the contract and according to state law; all submissions received will be available for inspection at that time, unless otherwise provided by law.

15. PROPOSAL TABULATION: Respondents desiring a copy of the proposal tabulation may request it by emailing Purchasing@friscotexas.gov and referencing the request for proposal number. RESULTS WILL NOT BE GIVEN BY TELEPHONE. You can also download a copy through Bonfire or on our website, www.friscotexas.gov. If you have any questions, please contact the City of Frisco, Purchasing Division, at purchasing@friscotexas.gov.

16. PROTESTS: All protests regarding the Proposal solicitation process must be submitted in writing to the City within five (5) working days following the opening of Proposals. This includes all protests relating to advertising of RFQ notices, deadlines, submission opening, and all other related procedures under the Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications.

mailto:Purchasing@friscotexas.gov http://www.friscotexas.gov/ mailto:purchasing@friscotexas.gov

This limitation does not include protests relating to staff recommendations as to award of this RFQ. Protests relating to staff recommendations may be directed to the Director of Administrative Services within five (5) days of the staff recommendation memo. Unless otherwise provided by law, all staff recommendations will be made available for public review prior to consideration by the City Council.

17. PROPOSAL AWARD: The City reserves the right to award a separate contract to separate Proposers for each item/group or to award one contract for the entire Proposal.

Unless stipulated in the attached Proposal specifications, the contract will be awarded to the lowest responsible Proposer or to the Proposer who provides the goods or services specified herein at the best value for the City in compliance with Texas Local Government Code, Section 252.043.

18. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City.

PERFORMANCE

19. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE RESPONDENT: A

prospective Proposer must affirmatively demonstrate Proposer’s responsibility. A prospective Proposer must meet the following requirements:

A. Have adequate financial resources or the ability to obtain such resources as required;

B. Be able to comply with the required or proposed delivery schedule;

C. Have a satisfactory record of performance;

D. Have a satisfactory record of integrity and ethics; and E. Be otherwise qualified and eligible, as determined by the City, to receive an award.

The City may request representation and other information sufficient to determine Proposer's ability to meet these minimum standards listed above.

20. ASSIGNMENT: The successful Proposer shall not sell, assign, transfer or convey this contract in whole or in part, without the prior written consent of the City.

21. SPECIFICATION-SAMPLES: Any catalog, brand name, or manufacturer's reference used is considered to be descriptive, not restrictive, and is indicative of the type and quality the City desires to purchase. Proposals on brands of like nature and quality may be considered unless specifically excluded. If proposing on other than reference, Proposal must certify article offered is equivalent to specifications and it is subject to approval by the using department and the Purchasing Division. Samples, if required, shall be furnished free of expense to the City. SAMPLES SHOULD NOT BE ENCLOSED WITH

PROPOSAL UNLESS REQUESTED.

22. TESTING: An agent so designated, by the City, without expense to the City, may perform testing at the request of the City or any participating entity.

23. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first class condition in containers suitable for damage-free shipment and storage.

24. DELIVERY: Deliveries will be acceptable only during normal working hours at the designated City Municipal Facility. The place of delivery shall be set forth in the purchase order. The terms of this agreement are “no arrival, no sale”.

25. TITLE AND RISK OF LOSS: The title and risk of loss of goods shall not pass to the City until the City actually receives and takes possession of the goods at the point(s) of delivery.

26. PATENT RIGHTS: The Proposer agrees to indemnify and hold the City harmless from any claim involving patent right infringement or copyrights on goods supplied.

PURCHASE ORDERS AND PAYMENT

27. PURCHASE ORDERS: A purchase order(s) shall be generated by the City Director of

Administrative Services to the successful Proposer. The purchase order number must appear on all itemized invoices and packing slips. The City will not be held responsible for any work orders placed and/or performed without a valid current purchase order number. Payment will be made for all services rendered and accepted by the contract administrator for which a valid invoice has been received.

28. PROPOSAL SECURITY/BOND REQUIREMENTS: If required, Proposal security shall be submitted in the same manner as your proposal. Any electronic submittals will require the vendor to provide the original hard copy within three (3) business days of the notification of intent to award. Any Proposal submitted without bond or cashiers/certified check, where required, shall be considered non-responsive and will not be considered for award.

Performance and/or payment bonds, when required, shall be submitted to the City, prior to commencement of any work pursuant to the agreement provisions.

29. FUNDING: The City is a home-rule municipal corporation operated and funded on an

October 1 to September 30 basis, accordingly, the City reserves the right to terminate, without liability to the City, any contract for which funding is not available.

30. TAXES: The City is exempt from Federal Manufacturer's Excise, and State sales taxes.

TAX MUST NOT BE INCLUDED IN PROPOSAL PRICING. Tax exemption certificates will be executed by the City and furnished upon request by the Finance Division.

31. PAYMENT TERMS: Payment terms are Net 30 unless otherwise specified by the City in this document. Prompt payment discounts may be used by the City in determining the lowest responsible Proposer.

32. INVOICES: Invoices must be submitted by the successful Proposer to:

accountspayable@friscotexas.gov

CONTRACT

33. CONTRACT PERIOD/RENEWAL OPTIONS: In the case of an annual contract, the contract shall be for a predetermined period as specified in the Invitation for Proposals. If a clause for option to renew for additional period(s) is (are) included, renewal(s) will be based solely upon the option and written agreement between both the City and the mailto:accountspayable@friscotexas.gov

Contractor. Either party dissenting will terminate the contract in accordance with its initial specified term.

34. AUDIT: The City reserves the right to audit the records and performance of successful

Proposer during the term of the contract and for three (3) years thereafter.

35. SUCCESSFUL PROPOSER SHALL: Defend, indemnify and save harmless the City and all its officers, Managers and employees and all entities, their officers, Managers and employees who are participating in this contract from all suits, actions or other claims of any character, name and description brought for or on account of any injuries, including death, or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful Proposer, or of any Manager, officer, director, representative, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from Proposal award. Successful respondent shall pay any judgment with cost which may be obtained against the City and participating entities growing out of such injury or damages.

36. TERMINATION FOR DEFAULT: The City reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful Proposer fails to: (1) meet delivery schedules; or (2) otherwise performs in accordance with these specifications.

Breach of contract or default authorizes the City to, among other things, award to another Proposer, purchase elsewhere and charge the full increase in cost and handling to the defaulting successful Proposer.

37. ACCEPTABILITY: All articles enumerated in the Proposal shall be subject to inspection by a City officer or employee designated for the purpose. If found inferior to the quality called for, or not equal in value to the specifications, deficient in workmanship or otherwise, this fact shall be certified to the Director of Administrative Services who shall have the right to reject the whole or any part of the same. Work determined to be contrary to specifications must be replaced by the Proposer and at its expense. All disputes concerning quality of supplies utilized in the performance of this Proposal will be determined solely by the City Director of Administrative Services or designated representative.

38. REMEDIES: The successful Proposer and the City agree that each party has all rights, duties, and remedies available as stated in the Uniform Commercial Code and any other available remedy, whether in law or equity.

39. VENUE: This contract will be governed and construed according to the laws of the State of Texas. This contract is performable in Collin County, Texas.

40. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

41. NO PROHIBITED INTEREST: The Proposer acknowledges and represents they are aware of the laws and City Charter regarding conflicts of interest. The City Charter states in part that "No officer, whether elected or appointed, or any employee, whether full or part time, of the City shall have a substantial financial interest, direct or indirect, in any contract, other than employment contracts, with the City; or have a substantial financial interest, direct or indirect in the sale to the City of any land, materials, supplies or services."

42. FORCE MAJEURE: If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this contract, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonable within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.

43. DISCLOSURE OF CERTAIN RELATIONSHIPS: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the City of Frisco not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Chapter 176 and the questionnaire may be found at www.friscotexas.gov.

By submitting a response to this request, vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code.

By submitting a response to this request, vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code.

44. PREVAILING WAGE RATES: Contractors are required to pay not less than the rates determined using the prevailing wage rate as determined by the United States Department of Labor in accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et seq.), and its subsequent amendments, to a worker employed by it in the execution of a contract for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction.. Contractors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates. A worker is employed on a public work if the worker is http://www.friscotexas.gov/ employed by the contractor or any subcontractor in the execution of the contract for the project.

45. APPLICABLE LAW: Contractor shall comply with all federal, state and Frisco laws, statutes, ordinances, regulations and policies, as they exist, may be amended or in the future arising, applicable to Contractor and its work in or around the Facility. Contractor shall ensure that its officers, employees, agents, contractors and other parties performing services for or on behalf of Contractor comply with all applicable laws, statutes, ordinances, regulations and policies.

46. STORMWATER REQUIREMENTS: Contractor shall implement best management practices (BMPs) to prevent storm water pollution to the maximum extent practicable in accordance with the current City of Frisco Storm water Ordinance (11-11-52). These BMPs include:

• Performing regular inspections and maintenance on vehicles and equipment to prevent fluid leaks.

• Implementing standard operating procedures (SOPs) for spill prevention and cleanup.

• Training and equipping all employees who are present on City property in appropriate actions in accordance with the SOP.

• Implementing proper material handling BMPs for transportation and storage.

• Implementing proper waste disposal BMPs.

47. CERTIFICATE OF INTERESTED PARTIES (FORM 1295): In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form.

(Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law.

Filing Process:

Within ten days of being notified of award of a contract by the City of Frisco, the successful vendor (business entity) must use the Texas Ethics Commission’s web application, https://www.ethics.state.tx.us/File/, to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be provided to the City of Frisco Purchasing division (within 10 days of being notified of award of a contract).

http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01295F.htm https://www.ethics.state.tx.us/File/

The City of Frisco is required to notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency.

48. CHAPTER 2270 CERTIFICATION

In accordance with Chapter 2270 of the Texas Government Code, Consultant hereby certifies that Consultant (a) does not boycott Israel; and (b) will not boycott Israel during the term of any contract with City, including during the term of this Agreement.

49. PROPRIETARY DATA - Bidder may, by written request, indicate as confidential any portion(s) of a bid that contain proprietary information, including manufacturing and/or design processes exclusive to the vendor. The City of Frisco will protect from public disclosure such portions of a bid unless directed otherwise by legal authority including the existing Texas Public Information Act.

CITY OF FRISCO CONTRACTOR INSURANCE REQUIREMENTS

Contractors providing good, materials and services for the City of Frisco shall, during the term of the contract with the City or any renewal or extension thereof, provide and maintain the types and amounts of insurance set forth herein. All insurance and certificate(s) of insurance shall contain the following provisions:

1. Name the City, its officers, agents, representatives, and employees as additional insureds as to all applicable coverage with the exception of workers compensation insurance.

2. Provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change or modification of any policies, evidenced by return receipt or United States Mail. The words “endeavor to” and “but failure” (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates.

3. Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance.

4. Endorsement applicable to each policy provided.

Insurance Company Qualification: All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by A.M. Best’s Key Rating Guide, or other equivalent rating service(s).

Certificate of insurance: A certificate of insurance evidencing the required insurance shall be submitted after award. If the contract is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the contract is renewed or extended.

Type of Contract Type and amount of Insurance

Special Events General Liability insurance for personal injury

(including death) and property damage with a minimum of $1 Million Dollars per occurrence and $2 Million Dollars aggregate, including coverage for advertising injury and products coverage

Statutory Workers compensation insurance as required by state law

(If the contractor serves alcoholic beverages) Liquor Liability with a minimum of $1 Million Dollars per Occurrence and $2 Million Aggregate.

(If high risk or dangerous activities) Umbrella Coverage or Liability Excess Coverage of $ 2 Million Dollars

(If automobile or limousine service is involved even if volunteers)

Automobile Liability with a minimum of $1 Million Dollars combined single limit.

Public Works and Construction General Liability insurance for personal injury

(including death) and property damage with a minimum of $1 Million Dollars per occurrence and $2 Million Dollars aggregate, including advertising injury, products coverage and (XCU) Explosion, collapse and underground (If high risk or dangerous activities) Umbrella Coverage or Excess Liability Coverage of $2 Million Dollars

Statutory Workers compensation insurance as required by state law

Professional Services Professional Liability Insurance with a minimum of

$1 Million Dollars per occurrence and $2 Million Dollars aggregate.

(If size or scope of project warrant) Umbrella Coverage or Excess Liability Coverage of $2 Million Dollars

Statutory Workers compensation insurance as required by state law

SAMPLE ON FOLLOWING PAGE

Supplemental Information

Texas Government Code Section 2252.002 Non-resident Bidders A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.

In order to make this determination, please answer the following questions:

1. Address and phone number of your principal place of business:

2. Name and address of principal place of business, and phone number of your company's majority owner:

3. Name and address of principal place of business, and phone number of your company's ultimate parent company:

MINORITY/WOMAN-OWNED BUSINESS PARTICIPATION

It is the policy of the City of Frisco to involve small businesses and qualified minority/women-owned businesses to the greatest extent possible in the procurement of goods, equipment, services and construction projects. To assist us in our record keeping, please list below the names of the minority or woman-owned firms you would be utilizing in this bid, and note the monetary involvement:

NAME OF FIRM TELEPHONE # $ INVOLVEMENT

SUPPLEMENTAL INFORMATION

Please provide the following information for contract development.

Is your firm?

1. Sole Proprietorship YES NO

2. Partnership YES NO

3. Corporation YES NO

If company is a sole proprietorship, list the owner's full legal name:

If company is a partnership, list the partner's full legal name(s):

If company is a corporation, list the full legal name as listed on the corporate charter:

Is this firm a minority, or woman-owned business enterprise?

NO YES If yes, specify ( ) MBE ( ) WBE

Has this firm been certified as a minority/woman-owned business enterprise by any governmental agency? NO YES

If yes, specify governmental agency:

Date of certification:

Authorized Signatory (Officer or representative vested with the powers to commit the organization to a binding agreement):

Name: ____________________________ Title: ____________________________

AFFIDAVIT OF NO PROHIBITED INTEREST

THE STATE OF _____________ §

THE COUNTY OF ___________ §

I, __________________, a member of the Contractor team, make this affidavit and hereby under oath state the following:

I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work or decision on the Project (Check all that apply):

Ownership of ten percent (10%) or more of the voting shares of the business entity.

Ownership of Twenty Five Thousand and 00/100 Dollars ($25,000) or more of the fair market value of the business entity.

Funds received from the business entity exceed ten percent (10%) of my income for the previous year.

Real property is involved, and I have an equitable or legal ownership with a fair market value of at least Twenty Five Thousand and 00/100 Dollars

($25,000).

A relative of mine has a substantial interest in the business entity or property that would be affected by my business decision of the public body which I am a member.

Other:

None of the Above.

Upon filing this affidavit with the City of Frisco, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573, TEX. GOV’T CODE, as amended, is a member of a public body which took action on the agreement.

Signed this __ day of ______________, __________.

Signature of Official/Title

BEFORE ME, the undersigned authority, this day personally appeared _____________________, and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief.

Sworn to and subscribed before me on this day of ___________, __________.

Notary Public in and for the State of _____________

My commission expires: ______________________

Contract Risk Assessment Questionnaire Required Submittals

1. Has your business/company/organization filed for bankruptcy within the last five (5) years?

Yes No If so, please enclose details.

2. Has your business/company/organization ever had a contract for the general type of services/product sought by the City terminated for non-compliance or inadequate performance?

Yes No If yes, please enclose details.

3. Has your business/company/organization ever defaulted on a contract for the general type of services/product being sought by the City?

4. In the last five (5) years has there been or is there now pending any litigation, arbitration, governmental proceeding or regulatory proceeding involving claims in excess of $100,000 with respect to the performance of any services or the provision of any product by your business/company/organization?

5. Has your business/company/organization fulfilled all of its obligations relating to the payment of City taxes, fees, or other obligations if applicable?

Yes No If no, please enclose details.

6. In the last five (5) years, has your business/company/organization, been or currently involved in any action, audit or investigation brought by any federal government agency or authority or by any state or local governmental agency?

7. In the last five (5) years, has your business/company/organization been debarred or suspended for any reason by any federal, state or local government or has refrained from bidding on a project due to an agreement with such governmental agency?

Yes No If yes, please attach a full explanation.

8. In the past five (5) years, has your business/company/organization had its surety called upon to complete any contract, whether government or private sector?

9. In the past five (5) years, has your business/company/organization had a revocation, suspension or disbarment of any business or professional permit and/or license?

10. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty?

Yes No If “yes,” identify on a separate signed page the person or persons convicted, the court (the City if a state court, the district or location of the federal court), the year and the criminal conduct.

11. In accordance with Chapter 2270 of the Texas Government Code, do you certify that your business/company/organization (a) does not boycott Israel; and (b) will not boycott Israel during the term of any contract with City?

Yes No

12. In accordance with Chapter 809 of the Texas Government Code, do you certify that your business/company/organization (a) does not boycott energy companies; and

(b) will not boycott energy companies during the term of any contract with City?

Yes No

13. In accordance with Chapter 2274 of the Texas Government Code, do you certify that your business/company/organization does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (b) will not discriminate against a firearm entity or firearm trade association during the term of any contract with the City? Yes No

Signature

THE UNDERSIGNED HEREBY CERTIFIES THAT THE RESPONSES PROVIDED ARE

CORRECT AND TRUTHFUL TO THE BEST OF MY KNOWLEDGE AND FOR THOSE

RESPONSES GIVEN WHICH ARE BASED ON INFORMATION AND BELIEF, THOSE

RESPONSES ARE TRUE AND CORRECT BASED ON MY PRESENT BELIEF AND

INFORMATION. THE UNDERSIGNED HEREBY AGREES ON BEHALF OF HIS/HER

BUSINESS/COMPANY/ORGANIZATION THAT THE CERTIFICATIONS SET FORTH IN

SECTIONS 11-13 ABOVE SHALL BE INCORPORATED INTO ANY CONTRACT WITH THE

CITY.

Dated this ______ day of __________________ of the year _________

Name of organization: _____________________________________________

Signature: _______________________________________________________

Printed name and title: _____________________________________________

PROPOSERS REMINDER LIST:

REQUESTED DOCUMENTATION INCLUDED?

ORIGINAL PLUS DIGITAL COPY INCLUDED, UNLESS SUBMITTING THROUGH BONFIRE?

ALL BLANKS COMPLETED ON THIS FORM?

COMPLETED COMPANY PROFILE/REFERENCES?

COMPLETED SIGNATURES?

Schedule of Events

Public Notification/Advertisement February 20, 2026

February 27, 2026

Deadline for Submitting Questions March 10, 2026 4:00PM CT

Bids Due March 17, 2026 2:00PM CT

Questions concerning this bid are due in writing via e-mail to purchasing@friscotexas.gov before the deadline for submitting questions stated above.

mailto:purchasing@friscotexas.gov

REQUEST FOR QUALIFICAITONS 2602-034

INTRODUCTION

The City of Frisco (City) is soliciting statements from qualified and experienced firms interested in providing professional services for Materials Testing. This request for qualifications (RFQ) contains background, scope of work, submittal requirements, selection process and general terms and conditions. It is the City’s intent multiple vendors as part of a multi-year agreement. The agreement shall be for one year from the date of execution with the option to exercise up to (4) four (1) one-year renewals.

The City reserves the right to cancel the contract with 30 days’ notice. A sample of the City’s Standard Professional Services Agreement can be found as Exhibit A.

SCOPE OF WORK

The City is accepting qualification statements from firms for on-call material testing services for various City construction projects, including roads, pipelines, and utilities. The material tests are divided into the following sections:

• Soil, gravel, and subgrade testing

• Asphalt testing

• Concrete testing

• Exploratory drilling testing

• Miscellaneous testing

The selected firm shall promptly inform City staff and City Contractor of the materials test results.

SUBMITTAL REQUIREMENTS

The statement shall be limited to 20 pages — excluding cover letter, resumes, sample reports, and required forms (pages 14-19) — and should contain the following information:

• The team organization shall be no more than two (2) pages in length and contain the following information:

o Organizational chart of testing section(s) o Project Manager/Team Qualifications o Brief education and experience summary o Short list of project experience related to the category

• Include appropriate state registrations and laboratory accreditations.

• Provide a list of testing services the firm provides.

o Indicate average length of time to complete each testing service o Indicate which testing services that are specialties of the firm o Indicate which testing services are provided by in-house staff and which are provided by sub-contractors o How much notice is needed to perform a test?

o Provide at least three (3) examples of testing service reports. It is preferred that sample reports are of testing services that are provided in-house by staff employed directly by Respondent’s firm.

• A list of relevant projects and clients (include contact person, email, and phone number) that may be contacted for references and verification of background.

• Include your firm’s approach to planning, organizing, and project management. This includes your communication procedures and quality control.

• Provide information about any additional services relevant to construction materials testing.

SELECTION PROCESS

All qualification statements submitted will be evaluated by a selection committee. The committee will consist of members of the Engineering and Purchasing departments. The criteria for evaluating the qualifications and selecting a consultant will include the following categories:

1. Ability to provide services — Ability, capacity, skill, and organization of the respondent to complete work in a timely and cost-effective manner. (35%)

2. Qualifications — Name and qualifications of employees and essential laboratory personnel to be involved with construction materials testing. This includes all appropriate licenses, registrations, and accreditations. (25%)

3. Approach — The firms approach to planning, organizing, and project management including communication procedures and quality assurance/quality control. (20%)

4. Experience — Experience with relevant projects in the Dallas/Ft Worth Metroplex.

Knowledge and previous experience with various methods of construction materials testing. (20%)

The City reserves the right to request additional information from consultants submitting qualifications. All qualifications are considered public records; each page deemed proprietary and confidential must be marked as such, but the final interpretation will rest with the Attorney General.

The top-ranked firms may be asked to interview with staff.

A contract may be negotiated for the extent of services to be rendered and for the method of compensation. If agreement is not reached on the project, negotiations will be terminated.

Negotiations may then be undertaken with the review panel's second choice for that project. When agreement is reached with the Consultant, a contract for the work will be prepared in final form, executed by the Consultant and submitted to the City Council for approval and execution.

The City anticipates final selection, project scoping, and contract negotiation being completed such that a final agreement could be presented to the City Council for approval in May/June 2026.

SIGNATURE FORM

RFQ 2602-034

The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all product/service upon which prices are extended at the price offered, and upon the conditions in the specifications of the Invitation for Bid.

“I hereby certify that the foregoing bid has not been prepared in collusion with any other bidder or other person or persons engaged in the same line of business prior to the official opening of this bid. Further, I certify that the bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool or agreement or combination to control the price of product/service bid on, or to influence any person or persons to bid or not to bid thereon."

Name of Bidder: _______________________

Address of Bidder: _______________________

City: ______________________ State: _______________ Zip Code: _______________

Telephone Number: Fax: _______________________

E-mail address: _________________

By (print name) _______

Title: _________________________ Federal ID #/SSN #: ______________________

Signature:

Acknowledgement of Addenda: #1 #2 #3 #4 #5_____

EXHIBIT A: SAMPLE AGREEMENT

City of Frisco, Texas – Professional Services Agreement Page 1 of 31

AGREEMENT

BETWEEN

THE CITY OF FRISCO, TEXAS

AND

VENDOR

FOR

PROFESSIONAL ENGINEERING SERVICES

Made as of the ____ day of _____________________, 2026:

Between City: The City of Frisco, Texas 6101 Frisco Square Boulevard Frisco, Texas 75034 Telephone: (972) 292-5400 Facsimile: (972) 292-4945 and Consultant: VENDOR

Address Telephone for the following Project: Materials Testing, Contract Number 2602-034-XXX

This Agreement (“Agreement”) is made and entered by and between the City of Frisco, Texas, a home-rule municipality (“City”), and VENDOR, a Texas corporation (“Consultant”), to be effective from and after the date as provided above. City and Consultant are sometimes referred to collectively as the “parties” or individually as a “party.”

WHEREAS, City desires to engage Consultant to perform professional traffic engineering services on an on-call basis (“Project”); and

WHEREAS, Consultant desires to render such professional traffic engineering services (“Services”) for City on the terms and conditions provided herein.

NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:

That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

City of Frisco, Texas – Professional Services Agreement Page 2 of 31

ARTICLE 1

CONSULTANT’S SERVICES

1.1 Employment of Consultant – City hereby agrees to retain Consultant to perform the Services in connection with the Project. Consultant agrees to perform the Services in accordance with the terms and conditions of this Agreement. Consultant further agrees that if any employee of Consultant who is performing the day-to-day Services under this Agreement for the Project is separated, for any reason, from employment with Consultant, Consultant shall provide City with written notice thereof at least five (5) business days’ prior to said separation unless circumstances reasonably warrant a shorter notice period, which shall not exceed two (2) business days following the separation.

1.2 Scope of Services – The parties agree that Consultant shall perform the Services that are set forth and described in Exhibit A, attached hereto and incorporated herein by reference for all purposes (“Scope of Services”). The parties understand and agree that on an as-needed basis and within the limits established in this Agreement, City shall issue written task orders to Consultant in accordance with the Scope of Services, in the format as stated in Exhibit A, and Consultant shall perform the Services as set forth in the written task orders and as described in the Scope of Services in accordance with the terms and conditions of this Agreement. The parties understand and agree that deviations or modifications to the Scope of Services described in Exhibit A, in the form of written change orders, may be authorized from time to time by City (“Change Orders”).

1.2.1 Requirement of Written Change Order – “Extra” work, or “claims” invoiced as “extra” work, or “claims” that have not been issued as a duly executed, written Change Order by the Frisco City Manager, will not be authorized for payment and/or shall not become part of the subcontracts.

A duly executed written change order shall be preceded by the Frisco City Council’s authorization for the Frisco City Manager to execute said Change Order.

1.2.2 CONSULTANT SHALL NOT PERFORM ANY “EXTRA” WORK AND/OR

ADDITIONAL SERVICES WITHOUT A DULY EXECUTED WRITTEN

CHANGE ORDER ISSUED BY THE FRISCO CITY MANAGER –

Consultant acknowledges that Project Managers, Superintendents and/or Inspectors of City are not authorized to issue verbal or written Change Orders.

1.3 Schedule of Work – Consultant agrees to commence work immediately upon the execution of this Agreement, and to proceed diligently with said work to completion as described in each task order described in Exhibit A, and the

City of Frisco, Texas – Professional Services Agreement Page 3 of 31

Compensation Schedule/Project Billing/Project Budget, attached hereto as Exhibit B and incorporated herein by reference for all purposes, but in no event shall the Project be completed any later than June 2, 2031. Notwithstanding anything in this Agreement to the contrary, City shall have the option, in its sole discretion, to renew this Agreement on the same terms and conditions and to extend the completion of the Project to a date no later than June 2, 2031, as described in Exhibit A.

1.4 Standard of Care – Consultant shall perform the Services required hereunder in accordance with the prevailing…