REQUEST FOR PROPOSALS

North 15th Street Improvements: Phase 1

Engineering and Consulting Professional Services

RFP-2026-0002

Submission Deadline: September 16, 2026, 3:00 p.m. (CDT) https://www.canyontx.com/679/Purchasing

Issued By:

City of Canyon

Finance Department 301 16th Street

Canyon, TX 79015

Beau Boyer Budget & Purchasing Manager bboyer@canyontx.gov http://www.canyontx.com/679/Purchasing

RFP-2026-0002 N 15th Street Improvements: Phase 1 2

Contents

1. Request

2. Definitions

3. City Background

4. Project Purpose & Goals

5. Eligibility and Minimum Qualifications

6. Scope of Services

7. Project Budget

8. Statement of Qualification Requirements

9. Ranking & Selection

10. Communication

11. RFP Schedule

12. Conflict of Interest

13. Proprietary Information

14. Consultant Contract Attachment A: Israel Verification Form Attachment B: Conflict of Interest Questionnaire

RFP-2026-0002 N 15th Street Improvements: Phase 1 3

1. Request

The City of Canyon, Texas ("City") is requesting statements of qualifications (SOQ) from qualified Respondents to provide engineering and consulting services for street improvements to North 15th Street.

Submittal of a signed physical original, one physical copy, and a digital copy on a USB drive (PDF format) must be received by the City no later than 3:00 PM on September 16, 2026, at 301 16th Street, Canyon, Texas 79015. The Statements of Qualifications MUST be SEALED and clearly marked on the outside “RFP-2026-0002”. Late submittals and electronic submittals will not be accepted.

The selection of a Respondent will be conducted in accordance with federal and state requirements, including the Brooks Act, 23 CFR 172, and Texas Government Code 2254, and based on qualifications and competence as part of a qualification-based two-step process. Fair and thorough consideration will be given to all respondents, including standards established in the Uniform Guidance (2 CFR Part 200), to maintain an open and competitive environment while obtaining high-quality services.

The City reserves the right to accept or reject any and/or all Statements of Qualifications, to negotiate any and all proposals, and to waive irregularities and informalities.

2. Definitions

A. Brooks Act, the – A U.S. federal law setting standards for government procurement of architecture and engineering services using federal resources. This law establishes that the selection of providers of such services is based on demonstrated competence, qualifications, and fair pricing to ensure high-quality public projects.

B. Burlington Northern Santa Fe (BNSF) – A freight transportation network with rail lines operating within the City of Canyon.

C. City – The City of Canyon, Texas

D. City Commission – The governing body of the City of Canyon, Texas

E. Consultant – An engineering firm providing specialized, temporary technical expertise, design services, and strategic advice.

F. Disadvantaged Business Enterprise (DBE) – A program of the U.S. Department of Transportation for socially and economically disadvantaged firms in transportation projects, that ensures opportunities for small businesses owned by minorities, women, and others facing economic hurdles, primarily in DOT-assisted highway, transit, and aviation projects.

G. Federal Highway Administration (FHWA) - An agency within the U.S. Department of Transportation that supports State and local governments in the design, construction, and maintenance of the Nation’s highway system (Federal Aid Highway Program) and various federally and tribal owned lands (Federal Lands Highway Program).

H. Quality-Based Selection (QBS) – A procurement method that prioritizes a firm’s experience, qualifications, and methods over price.

I. Respondent – A firm submitting a response to Request for Proposals.

J. Request for Proposals (RFP) – A procurement document used to identify and pre-qualify providers of professional services with the necessary qualifications and experience.

RFP-2026-0002 N 15th Street Improvements: Phase 1 4

K. Statement of Qualifications (SOQ) – A document provided in response to a Request for Proposals that demonstrates a firm’s specific experience and qualifications to meet an identified project's requirements.

L. Texas Department of Transportation (TxDOT) - The Texas state agency responsible for planning, building, operating, and maintaining transportation infrastructure, including highways, bridges, and public transportation, to ensure roadway safety and provide travel resources.

M. U.S. Department of Transportation (USDOT) – The federal agency that plans, coordinates, and oversees federal transportation policies for air, land, and sea, ensuring a safe, efficient, and accessible national system.

3. City Background

The City of Canyon, Texas, is located in Randall County in the central Texas Panhandle. With a population of over 15,500 and growing, it is one of the largest cities in the region. Canyon is also home to West Texas A&M University. Its proximity to Amarillo and location near I-27 and US-60 make it a great commuter town, as well. The city, as its name suggests, is near Palo Duro Canyon, a Texas State Park with the second-largest canyon in the nation that welcomes 600,000 visitors annually (the most visited State Park in Texas).

4. Project Purpose & Goals

This project is the first phase of a multi-phase approach to improving pedestrian circulation and the streetscape in downtown Canyon. 15th Street is a Major Collector that serves as the gateway into Downtown from Hwy 60 and the Hunsley Hills Neighborhood. This project will construct new sidewalks, add bike lanes, and enhance the streetscape to provide a visual transition into the downtown area. It will also incorporate landscaping and lighting to ensure walkways are safe and shaded. Most importantly, this project will provide adequate bike/pedestrian access across the only walkable crossing over Hwy 60 in Canyon - an overpass that sees many pedestrians - a high priority for the City of Canyon.

The services provided by the selected firm will ensure these improvements meet the high standards of the City’s leaders and residents while safeguarding efficiency, prudence, and excellence throughout the project. Coordination and cooperation with BNSF and TxDOT will be a significant component throughout this project.

This project is supported by federal funding and is administered in partnership with the Texas Department of Transportation to fulfill all requirements of the Federal Highway Administration

(FHWA).

5. Eligibility and Minimum Qualifications

Firms wishing to submit proposals must meet the following minimum qualifications:

A. Licensing: Licensed to practice engineering in the State of Texas

B. Experience: Demonstrated experience in providing similar professional services, preferably with government agencies or public-sector projects.

C. Compliance: Ability to comply with applicable federal, state, and local regulations, including (if applicable):

i. DBE participation goals (if applicable), RFP-2026-0002 N 15th Street Improvements: Phase 1 5

ii. 23 CFR 172

iii. Texas Government Code 2254

iv. Texas Government Code 552 (Public Information Act)

D. Insurance: Required levels of insurance for professional liability, workers’ compensation, etc.

E. Debarment Status: The firm must not be debarred or suspended from participating in federal programs (verified through SAM.gov).

F. Certified Indirect Cost Rate:

i. A Certified Indirect Cost Rate that is recognized as Administratively Qualified (AQ) by the

Texas Department of Transportation and adheres strictly to Federal Acquisition Regulation (FAR) Part 31 cost principles will be required during negotiations with the most qualified firm.

6. Scope of Services

The Consultant shall provide professional planning, engineering, design, coordination, and support services necessary to advance the 15th Street Downtown Pedestrian and Streetscape Improvements Project through final design, bidding, and construction support.

All services shall be performed in accordance with applicable FHWA regulations, TxDOT requirements, City standards, and coordination obligations with BNSF Railway. The Consultant shall be responsible for preparing and providing all documentation required to certify that environmental requirements, railroad approvals, utility clearances, and right-of-way acquisition and relocation activities have been satisfactorily completed in accordance with applicable federal, state, and local requirements prior to authorization for letting. It is anticipated that such certifications and clearances will include environmental documentation and coordination necessary to obtain NEPA clearance and determination; coordination with BNSF Railway and other applicable railroad entities to obtain required railroad approvals and permits; utility coordination, conflict identification, and required utility clearances; and right-of-way coordination, acquisition documentation and certification, as applicable to the Project.

A. Coordination Meeting

i. Establish and clarify contacts, project goals, and responsibilities with City, TxDOT, and BNSF Railway.

B. 30% Design – The Consultant shall prepare preliminary design documents sufficient to define the overall project concept, establish design criteria, identify constraints, and support agency review.

Tasks shall include, but are not limited to:

i. Review and confirmation of project goals, budget, schedule, and design standards with City staff.

ii. Review of available background information, including surveys, geotechnical reports, traffic data, utility information, and environmental documentation provided by the City or TxDOT.

iii. Development of preliminary horizontal and vertical alignment concepts for sidewalks, shared-use paths, bike lanes, curb lines, and roadway improvements along 15th Street and the Highway 60 overpass.

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iv. Preliminary evaluation of pedestrian, bicycle, and vehicular circulation, with particular attention to safety, ADA accessibility, grade considerations, and high-volume pedestrian use at the overpass crossing.

v. Identification of right-of-way constraints, utility conflicts, drainage considerations, and railroad interface requirements.

vi. Conceptual streetscape design, including preliminary locations for landscaping, street trees, pedestrian-scale lighting, gateway elements, and other aesthetic enhancements.

vii. Preparation of preliminary typical sections, layout sheets, and key details.

viii. Coordination with TxDOT to ensure consistency with federal and state requirements.

ix. Initial coordination with BNSF to identify railroad-related design standards, review processes, and permitting needs.

x. Participation in a 30% design review meeting and incorporation of review comments.

xi. Preparation of a preliminary cost estimate and identification of potential risks or cost drivers.

C. 60% Design – The Consultant shall advance the design to a level of definition sufficient to confirm feasibility, refine quantities, and allow detailed agency review. Tasks shall include, but are not limited to:

i. Refinement of roadway, sidewalk, bicycle facility, and overpass improvements, including finalized alignments and grades.

ii. Development of detailed drainage concepts and preliminary stormwater mitigation measures.

iii. Advancement of streetscape elements, including planting concepts, lighting fixtures, irrigation considerations, pavement treatments, and furnishings.

iv. Preparation of ADA-compliant pedestrian facilities, including curb ramps, detectable warning surfaces, cross-slopes, and landings.

v. Identification and coordination of utility relocations, adjustments, or protection requirements.

vi. Preparation of draft plan sheets, profiles, cross-sections, and details sufficient to convey design intent.

vii. Development of outline specifications consistent with TxDOT and FHWA standards.

viii. Updated construction cost estimate and project schedule.

ix. Continued coordination with TxDOT and BNSF, including submittals required for railroad review.

x. Participation in a 60% design review meeting and incorporation of City, TxDOT, and other stakeholder comments.

D. 90% Design – The Consultant shall complete a nearly final design suitable for final agency approvals. Tasks shall include, but are not limited to:

i. Completion of all plan sheets, details, and technical calculations.

ii. Finalization of landscaping, lighting, and streetscape elements, including species selection, fixture specifications, and placement details.

iii. Final design of pedestrian and bicycle facilities over and adjacent to the Highway 60 overpass, ensuring safety, durability, and compliance with all applicable standards.

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iv. Completion of all drainage design, structural elements (if applicable), traffic control plans, and signing/striping plans.

v. Preparation of final technical specifications and special provisions.

vi. Coordination and resolution of all comments from TxDOT, FHWA requirements as applicable, BNSF, and City departments.

vii. Preparation of a detailed engineer’s construction cost estimate based on final quantities.

viii. Participation in a 90% design review meeting and incorporation of final comments.

E. Final Deliverables (100% Design) – The Consultant shall complete the final design. Tasks shall include, but are not limited to:

i. Delivery of the final, sealed, signed, and approved Plans, Specifications, and Estimates

(PS&E) package suitable for public bidding in accordance with TxDOT and FHWA requirements.

ii. Final coordination and approvals from TxDOT, BNSF, and other required agencies.

iii. Preparation of documents, including front-end specifications, special provisions, and the engineer’s estimate.

F. Construction Phase Support – The Consultant shall provide construction phase engineering support, which shall include, but is not limited to:

i. Review of shop drawings, product data, and material submittals for conformance with the contract documents.

ii. Response to Requests for Information (RFIs) and clarification of design intent.

iii. Participation in progress meetings and coordination with the City, TxDOT, contractor, and BNSF as needed.

iv. Site visits to observe construction progress and conformance with design intent (not full-time inspection).

v. Evaluation of proposed change orders and recommendations to the City.

vi. Review of record drawings and support for project closeout activities.

G. Post Project

i. Retention of project-related documents and records for a minimum of 3 years post-payment per federal/state retention policies.

ii. Access by the recipient, the subrecipient, FHWA, the U.S. Department of Transportation's

Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

H. Performance Evaluation - The City shall review all of the engineering and design consultant’s performance on projects funded, in whole or in part, by the Federal Highway Administration (FHWA). The goal of this evaluation is to ensure contract compliance, drive continuous improvement, maintain clear accountability, and provide insight for selection decisions for future procurements.

i. Project performance will be evaluated upon reaching major project milestones according to the following criteria:

a. Timeliness - Adherence to project schedules, milestones, and delivery deadlines.

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b. Scope and Budget Compliance - Conformance with the approved scope of services and contract budget.

c. Quality of Work - Technical accuracy, thoroughness, and completeness of work products.

d. Communication and Responsiveness - Collaboration with agency staff, responsiveness to requests, and resolution of issues.

e. Compliance - Fulfillment of applicable federal, state, and local requirements and reports.

ii. The project performance evaluation may also include feedback on project management practices, technical innovation, and the overall effectiveness of key personnel.

iii. A final evaluation is required for every completed contract. The closing process follows a strict timeline:

a. Completion - The Project Manager or contract administrator must complete the evaluation within [30] days of contract closeout.

b. Review - A copy of the evaluation will be promptly shared with the consultant.

c. Rebuttal Window - The consultant has [15] business days from receipt to submit written comments or a formal rebuttal.

d. Official Record - Any response or feedback provided by the consultant will be permanently attached to the evaluation in the project file.

iv. All evaluations must rely strictly on documented facts and observations. Evaluators are required to remain completely objective and free from conflicts of interest. To comply with federal confidentiality rules and the Texas Public Information Act, evaluation records will only be shared with individuals who have a legitimate "need-to-know."

7. Project Budget

A. Total Project Construction Budget: $2,798,151.00

8. Statement of Qualification Requirements

A. Sealed responses are to be hand-delivered or mailed to:

City of Canyon

RFP-2026-0002

ATTN: Beau Boyer 301 16th Street Canyon, Texas 79015

B. Submitted responses should include a signed physical original, one physical copy, and a digital copy on a thumb drive (PDF format).

C. Responses must be signed and dated by a duly authorized officer, employee, or agent.

D. Proposals must be received before the exact time specified in the solicitation. The City assumes no responsibility for delayed or lost Statement of Qualifications.

E. Proposals are not publicly opened. A list of proposals shall be made, including the name of the proposer and the number of copies received.

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F. Statements of Qualifications shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the respondent's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of the City’s needs.

G. Statements of Qualifications should include the following information:

i. Cover Letter

a. A cover letter with the company’s legal name, address, phone number, email address, project contact, and principal signature is required, expressing interest in the project and certifying that sufficient resources in personnel, equipment, and time are available and can be committed to this project.

ii. Project Team

a. An organizational chart clearly showing the project structure, including all subconsultants.

b. Resumes for the proposed Project Manager and Key Technical Staff (e.g., Lead Roadway

Engineer, Lead Utility Engineer). Provide primary contact, name, and titles of employees and all subconsultant team members, partnering firms, and their team members who will have responsibilities under the subsequent agreement. Provide a brief background on all participants, including professional work and areas of expertise. Include relevant experience and professional licenses (Texas P.E. required).

iii. Relevant Experience

a. A summary of the firm’s experience in municipal street reconstruction projects, particularly those involving full utility replacement and complete street design.

b. Identify at least three (3) specific, comparable projects completed within the last ten (10) years that demonstrate experience with street reconstruction, utility design, and public works standards. Be specific on why the referenced projects are similar to this project, including but not limited to project location, description, date of implementation, and services provided by your firm for the project. For each project, include: Project Name, Client Name, Brief Description, Construction Value, Completion Date, and Client Contact Information (Name, Title, Phone, Email). Include a link to project deliverables, if available. Projects cited should include members of your proposed Project Team.

iv. Work Plan

a. Provide a brief narrative (max 2 pages) outlining the firm’s proposed approach to managing the technical challenges and maintaining the project schedule. Note all tasks and the responsible parties, including the City and sub-consultants.

v. Administration Qualification

a. Firms must demonstrate administrative competency by providing one of the following that comply with the current applicable Electronic Code of Federal Regulations (C.F.R.)

Title 48, Part 31, Generally Accepted Auditing Standards (GAGAS), and the American Association of State Highway Transportation Officials (AASHTO) Uniform Audit and Accounting Guide.

1) An audit performed by an independent certified public accountant (CPA), an agency of the federal government, another state transportation agency, or a local transit agency.

RFP-2026-0002 N 15th Street Improvements: Phase 1 10

2) Self-certification report including a cost report and an internal controls report. The self-certified internal control report must certify that the provider has internal controls in place within its organization. Both the cost report and the internal control report must be signed by a company officer and notarized.

H. Additional Required Documents:

i. Israel Verification Form – See Attachment A

ii. Conflict of Interest Questionnaire – See Attachment B

iii. Current Certificate of Insurance for Professional Liability

9. Ranking & Selection

A. Qualifications will be evaluated by representatives selected by the City based on a Quality-Based Selection (QBS) process.

B. The qualifications of respondents will be scored and ranked according to the following weighted criteria:

Evaluation Criterion Scoring Weight

Responsiveness to RFP:

Overall quality of the response, presentation format, completeness, and organization.

10 pts

Experience and History:

Demonstrated history, background, experience, staffing, and capabilities to complete the scope of work.

20 pts

Qualifications and Relevant Experience of the Team Experience and demonstrated expertise in developing plans for similarly-sized communities. Municipal references and samples of similar work.

35 pts

Approach to Meeting Expectations Respondent’s approach to providing services; proposed methodology, scheduling, timelines, and work plan.

35 pts

TOTAL 100 pts

C. The City reserves the right to shortlist the top-ranked firms and conduct interviews before final selection.

D. The responses will be evaluated and scored, and the respondents will be ranked according to the Evaluation Criterion. The City will then begin negotiations with the firm deemed most qualified.

If a contract is negotiated, it will be presented to the City Commission for authorization. If a contract cannot be agreed upon, negotiations will be formally ended, and the next most highly qualified provider will be contacted for negotiations. The selection and negotiation process will continue until a contract is entered into

10. Communication

A. Respondents shall promptly notify the City of any omissions, ambiguities, inconsistencies, or errors that they may discover upon examination of this RFP. The City shall not be responsible or liable for any errors and/or misrepresentations that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent, or obviously erroneous.

B. The Request for Proposals documents can only be modified via an addendum. If this RFP is amended, then all terms and conditions that are not modified remain unchanged. Respondent shall

RFP-2026-0002 N 15th Street Improvements: Phase 1 11 acknowledge receipt of any addenda to this RFP by returning each addendum signed by the Respondent with the proposal.

C. Questions must be sent via email to Beau Boyer, Budget & Purchasing Manager, at bboyer@canyontx.gov, or be submitted via the City’s online procurement platform. Emailed questions must clearly identify the RFP Title in the subject line.

D. After release of this Request for Proposals, Respondents’ contact regarding this RFP with RFP evaluators, interview or selection panels, employees of the City, officials of the City other than the Purchasing Department, or as otherwise indicated is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written, with any members of the City Commission, RFP evaluators, interviewers, City staff, or City’s Contractors, or, directly or indirectly through others, seek to influence any City Commission members, City staff, or City’s contractors regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any Respondent violates the foregoing prohibition by contacting any of the above-listed parties with whom contact is not authorized, such contact may result in the Respondent being disqualified from this or future procurement processes. Any oral communications are considered unofficial and non-binding with regard to this RFP.

11. RFP Schedule

Issue Request for Proposals: August 17, 2026 Advertisement 1: August 19, 2026 Advertisement 2: August 26, 2026 Deadline for Questions and Inquiries: September 04, 2026, 5:00 p.m.

SOQ Submission Deadline: September 16, 2026, 3:00 p.m.

Review of Submissions: September 16 - 23, 2026 City Commission Consideration: October 06, 2026 Firms Notified of Status: October 09, 2026 Optional Dates for Interviews:

Consultant Interviews: October 05 - 09, 2026 City Commission Consideration: October 20, 2026 Firms Notified of Status: October 23, 2026

Negotiate and Finalize Contract: Before November 02, 2026

12. Conflict of Interest

A. No employee, officer, or agent of the City shall participate in the selection, the award, or the administration of a contract supported by Federal-aid funds if a conflict of interest, real or apparent, would be involved. Such a conflict arises when there is a financial or other interest in the consultant selected for award by:

i. An employee, officer, or agent;

ii. Any member of his or her immediate family;

iii. His or her partner; or

iv. An organization that employs or is about to employ any of the above.

RFP-2026-0002 N 15th Street Improvements: Phase 1 12

B. The City’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to sub-agreements.

C. In accordance with Chapter 176 of the Texas Local Government Code, any vendor doing business with the City must file a Conflict of Interest Questionnaire (Form CIQ) with the City’s records administrator no later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed.

i. Conflict of Interest Questionnaire Form CIQ:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

ii. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

13. Proprietary Information

A. If a Respondent does not desire proprietary information in the Statement of Qualifications to be disclosed, it is required to identify all proprietary information in the Statement of Qualifications.

This identification will be done by individually marking each page with the words "Proprietary Information" on which such proprietary information is found. If the Respondent fails to identify proprietary information, it agrees that by submission of its Statement of Qualifications that those sections shall be deemed non-proprietary and made available upon public request.

B. All responses submitted become the property of the City and are subject to the Public Information Act. All documentation shall be open for public inspection, except for trade secrets and confidential information so identified by the Respondent. Respondents are advised that the City, to the extent permitted by law, will protect the confidentiality of their Statements of Qualifications. Respondent shall consider the implications of the Texas Public Information Act, particularly after the RFP process has ceased and the Contract has been awarded. While there are provisions in the Texas Public Information Act to protect proprietary information, where the Respondent can meet certain evidentiary standards, please be advised that a determination on whether those standards have been met will not be made by the City, but by the Office of the Attorney General of the State of Texas.

In the event a request for public information is made, the City will notify the Respondent, who may then request an opinion from the Attorney General pursuant to 552.305, Texas Government Code.

14. Consultant Contract

A. The City is pursuing a project-specific contract for the performance of services as related to the specified scope of work and related project.

B. The City will verify suspension and debarment actions and the eligibility status of consultants and subconsultants before entering into an agreement or contract.

C. Non-Discrimination Assurances - As a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Federal Highway Administration (FHWA), the City is subject to and will comply with the following:

i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);

ii. 49 CFR part 21 (entitled Non-discrimination In Federally-Assisted Programs of The

Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);

iii. 49 U.S.C. § 47123 (Nondiscrimination Statute), the Secretary of Transportation shall take affirmative action to ensure that an individual is not excluded because of race, creed, color, https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

RFP-2026-0002 N 15th Street Improvements: Phase 1 13 national origin, or sex from participating in an activity carried out with money received under a grant under this subchapter;

iv. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), (prohibits discrimination on the basis of disability);

v. 28 CFR §50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);

vi. 49 CFR part 28 (entitled Enforcement Of Nondiscrimination On The Basis Of Handicap In Programs Or Activities Conducted By The Department Of Transportation);

vii. 49 CFR part 37 (entitled Transportation Services For Individuals With Disabilities (ADA));

viii. 28 CFR part 35 (entitled Discrimination On The Basis Of Disability In State And Local

Government Services).

D. Except where the respondent makes a specific exception in the submitted proposal, any contract resulting from this RFP will contain the following terms and conditions, which the respondent hereby acknowledges, and to which the respondent agrees by submitting a proposal:

i. Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the

City, payment terms for the City are Net 30 days upon receipt of invoice.

ii. All services performed shall be warranted to be of a good and workmanlike quality to the satisfaction of the City and in accordance with the specifications, terms, and conditions of the Scope of Services, in addition to, and not in lieu of, any other express written warranties provided.

iii. This contract may be cancelled or terminated at any time by giving the Respondent thirty

(30) days' written notice. The Respondent may be entitled to payment for services actually performed, to the extent said services are satisfactory.

iv. The rights and duties awarded the successful Respondent shall not be assigned to another without the written consent of the City Manager or designee. Such consent shall not relieve the assigner of liability in the event of default by the assignee.

v. Respondent agrees to defend, indemnify and hold harmless the City, all of its officers, Commission members, agents, and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys’ fees, court costs, and related expenses, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees.

vi. Respondent certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Respondent, or its agent or representative, to any City officer, employee, or elected representative, with respect to this RFP or any contract with the City, and that if any such bribe is found to have been made this shall be grounds for voiding of the contract.

vii. Respondent certifies that he holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein.

viii. In accordance Texas Local Government Code Section 1. Subtitle F, Title 10, Chapter 2270, a government entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

a. does not boycott Israel;

b. will not boycott Israel during the term of the contract.

E. Allowable Costs

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i. Consultants shall be responsible for accounting for costs appropriately and for maintaining records, including supporting documentation, adequate to demonstrate that costs claimed have been incurred, are allocable to the contract, and comply with Federal cost principles.

ii. A cost is allocable to a Federal award or other cost objective if the cost is assignable to that Federal award or other cost objective in accordance with the relative benefits received. This standard is met if the cost satisfies any of the following criteria:

1) Is incurred specifically for the Federal award;

2) Benefits both the Federal award and other work of the recipient or subrecipient and can be distributed in proportions that may be approximated using reasonable methods; or

3) Is necessary to the overall operation of the recipient or subrecipient and is assignable in part to the Federal award in accordance with these cost principles.

iii. Allocation of indirect costs - All activities that benefit from the recipient's or subrecipient's indirect costs, including unallowable activities and donated services by the recipient or subrecipient or third parties, will receive an appropriate allocation of indirect costs.

iv. Limitation on charging certain allocable costs to other Federal awards - A cost allocable to a particular Federal award may not be charged to other Federal awards (for example, to overcome fund deficiencies or to avoid restrictions imposed by Federal statutes, regulations, or the terms and conditions of the Federal awards). However, this prohibition would not preclude the recipient or subrecipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards.

v. Direct cost allocation principles - If a cost benefits two or more projects or activities in proportions that can be determined without undue effort or cost, the cost must be allocated to the projects based on the proportional benefit. However, when those proportions cannot be determined because of the interrelationship of the work involved, then the costs may be allocated or transferred to benefited projects on any reasonable documented basis. Where the purchase of equipment or other capital asset is specifically authorized under a Federal award, the costs are assignable to the Federal award regardless of the use that may be made of the equipment or other capital asset involved, when no longer needed for the purpose for which it was originally required.

vi. Costs of contracts subject to CAS - If a contract is subject to CAS, costs must be allocated to that contract according to the Cost Accounting Standards, which take precedence over the allocation provisions in this part.

vii. Contract costs and indirect cost rates must comply with federal cost principles outlined in §172.11 of the Code of Federal Regulations.

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Engineering and Consulting Professional Services

RFP-2026-0002

Attachment A: Israel Verification Form

RFP-2026-0002 N 15th Street Improvements: Phase 1 16

Israel Verification Form House Bill 89 Verification Form: Prohibition on Contracts with Companies Boycotting Israel.

The 85th Texas Legislature approved new legislation, effective Sept. 1, 2017, which amends Texas Local Government Code Section 1. Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: 1) does not boycott Israel; and 2) will not boycott Israel during the term of the contract Pursuant to Section 2270.001, Texas Government Code:

1. " Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli controlled territory, but does not include an action made for ordinary business purposes;

2. " Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exist to make a profit.

I, (authorized official) _________________________________, do hereby depose and verify the truthfulness and accuracy of the contents of the statements submitted on this certification under the provisions of Subtitle F, Title 10, Government Code Chapter 2270, and that the company named below:

1) does not boycott Israel currently;

2) will not boycott Israel during the term of the contract;

3) is not currently listed on the State of Texas Comptroller's Companies that Boycott

Israel List located at:

https://comptroller.texas.gov/purchasing/publications/divestment.php

Individual/Organization/Entity Name

Signature of Authorized Official

Title of Authorized Official Date https://comptroller.texas.gov/purchasing/publications/divestment.php

RFP-2026-0002 N 15th Street Improvements: Phase 1 17

Engineering and Consulting Professional Services

RFP-2026-0002

Attachment B: Conflict of Interest Questionnaire

Please complete and include in your response the Conflict of Interest Questionnaire available at:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf