2026-86-A SOQ Packet.pdf

City of Rowlett Statement of Qualifications No. 2026-86-A

Professional Geotechnical Engineering and Material Testing Services - CDBG Program Specific

Important Dates

Questions Deadline: 08/05/2026 at 12:00pm Submissions Due: 08/12/2026 at 2:00pm

STANDARD TERMS AND CONDITIONS FOR QUALIFICATIONS BASED

PROCUREMENTS

Revised April 30, 2025

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

2. ELECTRONIC SUBMISSIONS: The City utilizes bidnet direct by SOVRA to advertise and receive submissions electronically over the Internet. Electronic submissions through bidnet direct by SOVRA shall be electronically signed and dated by a duly designated representative or agent of the firm submitting the response and submitted prior to the stated deadline date and time. Firms should clearly and concisely provide all requested information as stated in the document. Failure to provide the requested information may be reason to deem such submission non-responsive.

3. PAPER SUBMISSIONS: Paper submissions must be signed and dated by a duly designated representative or agent of the company submitting the response. Firm shall clearly and concisely provide all requested information as stated in this document. Failure to provide the requested information may be reason to deem such submission non-responsive.

4. PRESENTATION OF SUBMISSIONS: Paper submissions shall be presented to City Action Center, 4000 Main Street, Rowlett, Texas 75088, prior to the stated deadline date and time. Paper submissions shall be presented in a sealed envelope with Firm’s name and the solicitation number clearly identified on the outside of the envelope.

5. LATE SUBMISSIONS: The date/time stamp located in the City Action Center serves as the official time clock. Submissions received after the stated deadline date and time shall be refused and returned unopened.

The City is not responsible for issues encountered with methods of delivery.

6. PROPRIETARY INFORMATION: All material submitted to the City is subject to public disclosure upon receipt, pursuant to the Texas Open Records Act. If Firm does not desire proprietary information in the submission to be disclosed, each page must be identified and marked proprietary at the time of submittal.

The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary upon public request.

7. PREPARATION COST: All costs associated with the preparation of a submission shall be borne by the Firm.

The City will not be liable for any costs associated with the preparation, transmittal, or presentation of submissions, or with any materials submitted in response to this request for statements of qualifications.

8. PUBLIC OPENINGS: Only the names of the responding firms will be read aloud at the City’s scheduled opening for the designated solicitation.

The City will make a determination regarding the responsiveness of submissions based upon compliance with all applicable laws and the City’s purchasing guidelines and project documents. The City will notify the successful Firm to negotiate a contract; and, according to State law all submissions received will be available for inspection after award.

9. SUMMARY SHEET: Summary sheets listing the responding firms are typically published within two (2) business days after the scheduled opening. Interested parties desiring a copy of a summary sheet may request the same by submitting a written request to purchasing@rowlett.com. RESULTS WILL NOT BE

RELAYED OVER THE TELEPHONE.

10. GRATUITIES: Gratuities in the form of entertainment, gifts, or otherwise offered or given by the vendor, or any agent or representative of the vendor, to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performing of such a contract, are not permissible. In the event this contract is cancelled by City pursuant to this provision, City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by vendor in providing such gratuities.

11. ANTI-COLLUSION: In submitting an offer, vendor certifies that they have not participated in nor have they been party to any collusion, price fixing or any other illegal or unethical agreements with any company, firm or person concerning the pricing offered.

12. NO PROHIBITED INTEREST: Vendor acknowledges awareness of the laws, City Charter, and City Code of

Ethics regarding conflicts of interest. No officer, employee or agent of the City shall participate in the negotiation, selection, discussion, award or administration of a contract or procurement supported by public funds if: 1) that individual has a substantial interest in a person or entity, as defined by Section 2-463 of the City’s Code of Ordinances and/or Chapter 171 of the Texas Local Government Code, that is the subject of the contract or procurement; or 2) a conflict of interest, either real or apparent, would be involved, as defined therein.

13. CONFLICT OF INTEREST: In accordance with Chapter 176, Local Government Code, a person who is a vendor and has a business relationship, as those terms are defined by Section 176.001(1-a), with the City and meets requirements under Section 176.006(a) is required to file a Conflict of Interest Questionnaire with the City Secretary 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 knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

A complete copy of Chapter 176 of the Local Government Code may be found at https://statutes.capitol.texas.gov/Docs/LG/htm/LG.176.htm.

14. DELINQUENT TAXES: Any person, firm, or corporation that is in arrears to the City for delinquent taxes or otherwise, will not be recommended for award of any contract until the arrearage has been cleared in writing.

If a firm becomes delinquent while a contract is in force, payment for goods or services provided to the City under said contract or purchase order may be withheld until the arrearage has been cleared in writing.

15. MINIMUM STANDARDS FOR RESPONSIBILITY: A prospective vendor must affirmatively demonstrate responsibility. The City of Rowlett may request representation and other information sufficient to determine vendor’s ability to meet the minimum standards including but not limited to:

A. Have adequate financial resources, or the ability to obtain such resources as required B. Ability 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 E. Be otherwise qualified and eligible to receive an award https://statutes.capitol.texas.gov/Docs/LG/htm/LG.176.htm

16. AWARD OF CONTRACT: The City reserves the right to award single or multiple contracts for the goods or services as stated herein, or to reject any and all submissions.

17. FUNDING: The City is a home-rule municipal corporation operated and funded on a fiscal year basis from October 1 to September 30. Accordingly, the City reserves the right to terminate at any time, without liability to the City, any contract for which funding is not available in a subsequent fiscal year.

18. ASSIGNMENT: The successful firm shall not sell, assign, transfer or convey any contract, in whole or in part, to any other person or party without the prior written consent of the City obtained through the City’s Purchasing Office.

19. INVOICES: Invoices shall be submitted to the attention of the ordering department, P.O. Box 99, Rowlett, Texas 75088, or electronically to the appropriate department representative.

20. PAYMENT TERMS: Payment terms are net 30 days, unless otherwise specified by the City in this document.

21. AUDIT: The City shall have access to, and the right to examine, monitor and audit all records, documents, conditions and activities related to contracts awarded by the City. It shall be the responsibility of the vendor to maintain records associated with this procurement for a period of three (3) years after completion of the contract, or in the event of litigation, a claim or audit, the records shall be retained until the resolution of such litigation, claim or audit.

22. INSURANCE: The City requires vendor(s) to carry the minimum insurance as required by the greater of the requirements contained in state laws or the insurance requirements contained in the contract documents.

23. INDEMNITY: The respondent shall defend, indemnify and hold the City, its current, former and future officers, agents and employees harmless from any and all costs, expenses, suits, demands, claims, liabilities, liens, encumbrances or damages, including attorneys’ fees and costs of suit, of any character, name and description, incurred or resulting from any injuries or damages received or sustained by any person, persons or property on account of any intentional wrongful conduct or negligent act, omission, or fault of the successful firm, or of any agent, employee, subcontractor or supplier for which the successful firm is responsible in the execution of, or performance under, any contract which may result from award and the firm so agrees upon the submission of their qualifications. The firm shall deliver, if so requested by the City, a written release of all liens or other proper evidence of same, to the satisfaction of the City prior to the issuance of final payment by the City.

24. TERMINATION FOR DEFAULT: The City reserves the right to enforce the performance of the contract in any manner prescribed by law and deemed to be in the best interest of the City in the event of breach or default of the contract. The City reserves the right to terminate the contract immediately in the event the contracted firm fails to meet delivery schedules, or otherwise perform in accordance with the scope of work contained herein or in the contract documents. Breach of contract or default authorizes the City to award the contract to another firm, or purchase from an alternate source, and charge the full increase in cost plus any additional administrative costs incurred by the City to the defaulting contracted firm.

25. REMEDIES: The successful firm and the City agree that each party may have rights, duties, and remedies available as stated in the Uniform Commercial Code and any other available remedy, whether in law or equity.

26. VENUE: The validity of the contract and of any of its terms or provisions, as well as the rights and duties thereunder or under the contract documents, shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any legal action shall lie in the state courts of Dallas County, Texas.

27. ENERGY BOYCOTT: In accordance with Chapter 2274, Texas Government Code (Acts 2021, 87th Leg., S.B.

13), the City may not enter into a contract with a company, excluding a sole proprietorship, with 10 or more full-time employees for goods or services valued at $100,000 or more unless the contract contains a written verification from the company that the company: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The signatory executing the Contract on behalf of Seller verifies Seller does not boycott energy companies and will not boycott energy companies during the term of the Contract. The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code, and does not apply if the City determines the requirements of Subsection 2274.002(b) are inconsistent with the City’s constitutional or statutory duties related to the issuance, incurrence or management of debt obligations or the deposit, custody, management, borrowing or investment of funds.

28. FIREARMS: In accordance with Chapter 2274, Texas Government Code (Acts 2021, 87th Leg., S.B. 19) the

City may not enter into a contract with a company, excluding a sole proprietorship, with 10 or more full-time employees for goods or services valued at $100,000 or more unless the contract contains a written verification from the company that the company: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The signatory executing the Contract on behalf of Seller verifies Seller does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code, and does not apply if the City contracts with a sole-source provider or if the City does not receive any bids, if applicable, from a company that is able to provide the required verification.

29. CRITICAL INFRASTRUCTURE: In accordance with Chapter 2274, Texas Government Code, the City may not enter into a contract or agreement with a company, excluding a sole proprietorship, with 10 or more full-time employees for goods or services valued at $100,000 or more (1) if the company would be granted direct or remote access to or control of critical infrastructure in Texas, excluding access specifically allowed by the City for product warranty and support purposes and (2) if the City knows the company is (A) owned by or the a majority of stock or other ownership interest of the company is held or controlled by (i) individuals who are citizens of China, Iran, North Korea, Russia, or a designated country or (ii) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of such countries, or (B) headquartered in such countries. The signatory executing the Contract on behalf of Seller represents that neither Seller nor any of its parent companies, wholly-owned subsidiaries, majority-owned subsidiaries, and other affiliates is a company of which the City may not contract pursuant to Section 2274.0102, Texas Government Code. The foregoing verification is made solely to comply with Section 2274.0102, Texas Government Code.

30. ANTI-BOYCOTT ISRAEL VERIFICATION: In accordance with Chapter 2271, Texas Government Code, the

City may not enter into a contract with a company, excluding a sole proprietorship, with 10 or more full-time employees for goods or services valued at $100,000 or more 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. The signatory executing the Contract on behalf of Seller verifies that Seller and its parent company, wholly-owned subsidiaries, majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent the Contract is a contract for goods or services, will not boycott Israel during the term of the Contract. As used in the foregoing verification, “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. The signatory understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the signatory and exists to make a profit. This section does not apply to a Vendor which is a sole proprietorship and/or which has less than 10 full-time employees. This section does not apply to a contract valued at less than $100,000.

31. IRAN, SUDAN, AND FOREIGN TERRORIST ORGANIZATIONS: The signatory executing the Contract on behalf of Seller represents that neither Seller nor any of its parent company, wholly-owned subsidiaries, majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website:

https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf, https://comptroller.texas.gov/purchasing/docs/iran-list.pdf, or https://comptroller.texas.gov/purchasing/docs/fto-list.pdf.

The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the entity and each of its parent company, wholly-owned subsidiaries, majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The signatory understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the signatory and exists to make a profit.

https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf https://comptroller.texas.gov/purchasing/docs/iran-list.pdf https://comptroller.texas.gov/purchasing/docs/fto-list.pdf

City of Rowlett SOQ No. 2026-86-A

Professional Geotechnical Engineering and Material Testing Services - CDBG Program Specific

I. Introduction

The City of Rowlett (“City”) is accepting Statements of Qualifications (“SOQ”) to establish a list of qualified firms to provide professional geotechnical engineering and material testing services related to the construction of municipal improvements and facilities, funded by the Community Development Block Grant (“CDBG”) Program administered by the U.S. Department of Housing and Urban Development. The initial term of the Agreement will be three (3) years with two (2) optional one-year renewal periods, in accordance with the terms, conditions, and requirements set forth in this SOQ document. This document provides interested firms with the information necessary to prepare and submit their qualifications for consideration.

The City reserves the right to select a single or multiple firm(s). The successful firm(s) will be required to execute a Professional Master Services Agreement. A sample Agreement is available for viewing upon request in the Purchasing Office.

II. Public Opening

Submittals will be publicly opened and read in compliance with statutory requirements at 2:30 P.M (CT). on the day submittals are due. Only the names of the firms submitting a response will be disclosed. The public opening will be conducted online as follows:

Meeting ID: 233 773 025 027 802 Passcode: 5mY3Lq3S Link: https://teams.microsoft.com/meet/233773025027802?p=C1Fs5s5HzEtFEhKPIZ

III. Statement of Work

The following descriptions is not intended to be all inclusive or comprehensive. Once projects are identified, a specific scope for the requested category will be developed. The descriptions are based on previous and standard professional services provided for the City. Actual scope, effort, duties, and responsibilities may vary. Work should conform to current AWWA, TCEQ, TDLR, MUTCD, AASHTO, IBC, FHWA, TxDOT, NCTCOG, PROWAG, ADA, City, and other applicable local, state, and federal standards.

The selected firm(s) shall provide full-service geotechnical engineering and material testing services as needed for the assigned project or task in accordance with the agreed-upon scope of services. These services may include, but are not limited to, the following:

A. Geotechnical Engineering and Material Testing

Geotechnical Engineering services include testing moisture content, soil stability, compaction, strength, other subsurface soil analysis, and providing recommendations as required for roadway, utility, and facility design. Material testing may include observing, sampling, and reporting the placement of construction materials, such as concrete, masonry, asphalt, and steel. The selected consultant must provide proof of certification for assigned field technicians (ACI, CET, etc.), have a professional engineer licensed in the state of Texas on staff to seal test reports, and have demonstrated accurate and timely on-site testing for their clients.

https://teams.microsoft.com/meet/233773025027802?p=C1Fs5s5HzEtFEhKPIZ

IV. CDBG Applicable Laws and Federal Regulations

The successful firm(s) will ensure compliance with all federal regulations related to CDBG funding, as outlined in Appendix A - CDBG Applicable Laws and Federal Regulations attached hereto.

V. Insurance Requirements

ALL RESPONDENTS must submit, with the submission, proof of insurance coverage as stipulated in Exhibit A to this SOQ document. Proof shall be by submission of copies of current policies or current Certificates of Insurance, including the effective dates of coverage. Any provisions outlined will be required of the successful firm(s) only. Prior to the execution of this Agreement, the successful vendor will supply the Purchasing Office with an original certificate of insurance evidencing the stated requirements and provisions. This insurance shall be effective for the contract duration and renewal certificates shall also be supplied upon expiration.

VI. Submittals

In order for your submission to be considered responsive, the following information should be submitted in the order outlined below. Failure to provide requested information may cause your submission to be deemed non-responsive.

Statements of Qualifications must be on 8½" by 11" paper using a minimum font size of 10 point. The cover should indicate the name of the project, solicitation number assigned to the project, the date, and the name of the Prime Firm. Additional information may be provided on the cover if desired. The submittal package is limited to nine (9) pages, exclusive of resumes, cover page, tabs, dividers, etc., and divided in the sections indicated below:

A. Transmittal Letter (Label as Section A) – limit to 1 page

1. Include a transmittal letter clearly listing full firm company name address, phone number and the email address of your contact person for the contract, and summarize why Respondent believes itself to be the most highly qualified firm for these services.

B. Firm Information (Label as Section B) – limit to 2 pages

1. Firm information should include legal company name, address, telephone number, number of years in business, size of firm, areas of specialization, honors and awards, and location of home and branch offices. Also include acknowledgement of all Addendums issued for this solicitation.

2. Describe your firm’s office resources and capabilities within the DFW Metroplex. Identify staffing size and areas of expertise in the DFW Metroplex and other locations for the Prime firm. Identify additional non-local resources or resources of major subconsultants required for this project.

Would you or a subconsultant team member have to hire additional personnel in order to complete this project in a timely manner? If so, identify the type of personnel (Engineers, Technicians, etc.) and the number of each type.

3. If name changes have occurred in the past ten (10) years, provide these name changes in chronological order, if applicable.

C. Professional Qualifications of Individual Team Members (Label as Section C) – limit to 2 pages

1. Organizational chart showing the structure of the project team.

2. A brief description of the project manager and team members’ area of expertise and what role they will perform on the project team.

3. Short list of team member project experience related to the category.

4. Include a list of services that are offered IN-HOUSE (applicable to the project type) and regularly outsourced by the company (applicable to the project type).

D. Relative Project Experience (Label as Section D) – limit to 2 pages

1. Provide (3) three or more CDBG-funded projects, either completed and/or currently active projects within the last 5 years for a municipal or other governmental agency, along with a statement regarding your firm’s current workload, which illustrates the firm’s ability to perform services required for this category. If firm has not performed on CDBG-funded projects, then provide information for other state/federally-funded projects of a similar size or type (such as infrastructure improvements), including the source and amount of the funds. The projects shall be directly associated with the key team members. Include the following information with reference projects.

a. Project name, scope, location, engineer’s estimate vs actual cost, and year completed.

b. Client’s name, point of contact, email address and phone number.

c. Roles of project manager and key personnel

E. Supplemental Information (Label as Section E) – limit to 2 pages in length

1. A brief narrative on unique design solution to challenges on previous CDBG projects such as alternative materials, construction methods, alternative procurement methods and value engineering cost-savings, etc.

2. A brief narrative on the firm's design philosophy and approach to design in general. Describe processes that creatively engage City staff and other stakeholders in the design process, which demonstrate a commitment to cost effective design and construction practices that protect the public health, safety, and welfare of the City’s citizens.

3. Provide resumes for key team members, including their name, educational background, professional qualifications, time with the firm, and a list of relevant CDBG projects and their role in each. Resumes should be limited to the three team members that will be assigned and integral to the design of the project. Resumes are not included in the page limit.

Resumes should be limited to one (1) page each.

4. Provide firm’s past experience working with the City of Rowlett.

F. CDBG Forms (See Appendix A) (Label as Section F) – does not count towards page limit

1. Federal Contractor Certification Form

2. Attachment A: System for Award Management (SAM.gov) Record Search

3. Attachment B: Disclosure of Lobbying Activities SF-LLL Certification

G. Additional Information (Label as Section G) – does not count towards page limit

1. Proof of Insurance

2. List any exceptions to the Standard Terms and Conditions of Procurement or the SOQ requirements for the City’s consideration. If none, please include a statement indicating there are no exceptions.

3. Certification Form

VII. Evaluation Criteria

A review committee will evaluate submissions received in accordance with the requirements defined herein.

Failure of firms to provide in their submission any information requested in this SOQ may result in disqualification of the submission. The sole objective of the review committee will be to identify the firm that is the most highly qualified to service the City’s needs. The decision made by the City of Rowlett will be final.

The submissions will be evaluated based on the following evaluation criteria:

Criterion Weighting A. Firm’s General Information, as evidenced in Article VII.

Submittals, Sections A. and B.

10%

B. Professional Qualifications of Individual Team Members, as evidenced in Article VII. Submittals, Section C.

40%

C. Relative Project Experience, as evidenced in Article VII.

Submittals, Section D.

40%

D. Supplemental Information, as evidenced in Article VII.

Submittals, Section E.

10%

Total 100%

VIII. Interviews and Presentations

In fairness to all firms, requests for interviews prior to the closing time and date will not be permitted.

Interviews with selected firms may or may not be requested by the City after the closing date.

Selection may be made strictly from the information provided in the SOQ. However, the City reserves the right to conduct interviews with and request presentations from any respondents.

IX. Questions Deadline

The City requires that all questions relating to this SOQ be submitted in writing through Bidnet, the City’s eProcurement system, or to January Calhoun, Purchasing Manager, at jcalhoun@rowlett.com by 12:00pm on Wednesday, August 5, 2026. No questions will be answered over the phone. Questions in regard to the statement of work will only be accepted until the stated deadline. Any changes to the SOQ Documents will be made by City in the form of a written Addendum. Any changes made in any other manner will not be binding upon the City, and respondents may not rely upon them.

X. Submission or Delivery

Submissions are due no later than Wednesday, August 12, 2026, at 2:00pm. Submissions will be received online, or in hard copy.

Submitting a response constitutes understanding and acceptance of all terms, conditions, scope of work and statements contained in this SOQ document.

The date/time stamp located in the Purchasing Office serves as the official time clock. Late Submissions will not be considered. Submissions received after the stated deadline shall be refused and returned unopened. The City is not responsible for issues encountered with methods of delivery.

A. Online Submission

1. Responses may be submitted online through Bidnet, the City’s eProcurement system, at the following link: https://www.bidnetdirect.com/texas/cityofrowlett.

2. Please ensure that you provide all required information, including attachments, combined and uploaded as a single document for each category of work, where indicated in bidnet.

B. Mailed/Delivered Submission

1. Responses must be submitted with the SOQ number and the respondent’s name and address clearly indicated on the front of the envelope.

2. Please submit one (1) unbound original of your response and one (1) electronic copy on a thumb drive in a sealed envelope or package to the address listed below:

Delivery Address Mailing Address City of Rowlett City of Rowlett Attn: Purchasing Manager Attn: Purchasing Manager 4000 Main Street PO Box 99 Rowlett, TX 75088 Rowlett, TX 75030-0099 https://www.bidnetdirect.com/texas/cityofrowlett

EXHIBIT A

STANDARD INSURANCE REQUIREMENTS

Company shall procure and maintain for the duration of the contract, insurance coverages outlined herein which may arise from or be in connection with the performance of the work hereunder by the Company, his agents, representatives, employees or subcontractors. Any exceptions to the requirements or provisions herein shall be submitted in writing to the City’s Risk Manager for consideration and approval. The decision of the City will be final.

The cost of such insurance shall be borne by the Company.

1.0 GENERAL PROVISIONS

1.1 The Company shall obtain and maintain the minimum insurance coverage set forth in this section. By requiring such minimum insurance, the City of Rowlett shall not be deemed or construed to have assessed the risk that may or may not be applicable to the Company. The Company shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage.

The Company is not relieved of any liability or other obligation assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The insurance requirements listed below do not replace any warranty or surety (performance, payment, or maintenance) bonds if required by preceding or subsequent sections of this contract.

1.2 Company shall cause each subcontractor employed by Company to purchase and maintain insurance of the type specified herein or cover such subcontractor under its insurance coverage.

1.3 The Company agrees that the insurance requirements specified in this section do not reduce the liability

Company has assumed in any indemnification/hold harmless section of this contract.

1.4 City reserves the right to approve the security of the insurance coverage provided pursuant to this section by insurers including terms, conditions and the Certificate of Insurance. Failure of the Company to fully comply with requirements of this section during the term of this contract will be considered a material breach of contract and will be cause for immediate termination of the contract at the option of

1.5 Insurance coverage required by this section shall:

1.5.1 Be on a primary basis, non-contributory with any other insurance coverage and/or self-insurance carried by City.

1.5.2 Be with an insurer possessing an A-VII A. M. Best Rating or equivalent.

2.0 MINIMUM INSURANCE COVERAGE & LIMITS

2.1 Commercial General Liability. Company shall maintain commercial general liability and, if necessary, commercial umbrella or excess liability (umbrella or excess liability should be provided on follow-form policy).

2.2 Commercial general liability insurance shall be written on an ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent Company’s, product-completed operations, personal and advertising injury and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

2.3 City shall be included as an additional insured under the commercial general liability using ISO additional insured endorsement CG 20 10 07 04 and CG 20 37 07 04 or their equivalent, including coverage for City with respect to liability arising out of the completed operations of Company.

2.4 Limits of Insurance

Contracts between $0 and $1,000,000

Type of Insurance Amount of Insurance Provisions

1. Commercial General (Public)

Liability to include coverage for:

a) Premises/Operations

b) Products/Completed Operations

c) Independent Contractors

d) Personal Liability

e) Contractual Liability

• $1,000,000 each occurrence

• $2,000,000 general aggregate

• $2,000,000 Umbrella/ Excess

Liability (follow-form)

City to be listed as additional insured and provided 30-day notice of cancellation or material change in coverage

City to be provided a waiver of Subrogation

2. Business Auto Liability • $1,000,000 per occurrence

• $1,000,000 aggregate or;

• $1,000,000 combined single limits

City to be named as additional insured

3. Workers’ Comp & Employers’ Liability

• Statutory Limits

• $1,000,000 each accident subrogation

4. Builders Risk Policy

• 100% of construction total

If Applicable

5. Other Coverages

a) Professional Liability

b) E & O coverage

c) Cyber Liability

• To be determined by the City’s Risk Manager on a per project basis

Contracts between $1,000,000 and $8,000,000

Type of Insurance Amount of Insurance Provisions

1. Broad Form Commercial General

Liability to include coverage for:

a) Premises/Operations

b) Products/Completed Operations

c) Independent Contractors

d) Personal Liability

e) Contractual Liability

• $2,000,000 each occurrence

• $4,000,000 general aggregate

• $4,000,000 Umbrella/ Excess

Liability (follow-form)

City to be listed as additional insured and provided 30-day notice of cancellation or material change in coverage

Subrogation

2. Business Auto Liability • $1,000,000 per occurrence

• $2,000,000 aggregate or;

• $2,000,000 combined single limits

City to be named as additional insured

3. Workers’ Comp & Employers’ Liability

• Statutory Limits

• $1,000,000 each accident subrogation

4. Builders Risk Policy

• 100% of construction total

5. Other Coverages

a) Professional Liability

b) E & O coverage

c) Cyber Liability

• To be determined by the City’s Risk Manager on a per project basis

2.4.1 If vendor is performing service-related work on City fleet, Garage Keeper Liability is required at a limit of not less than $1,000,000 per occurrence on a special form basis.

2.4.2 If contract has exposure for environmental hazards contact City’s Risk Manager for specifications. (Including MCS-90).

2.4.3 Contracts for construction projects taking place in a high-risk flood zone area may require additional coverage requirements.

2.4.4 Insurance specifications for Contracts in excess of $8,000,000 will be determined by the City’s

Risk Manager.

2.5 Commercial Automobile Liability. Company shall maintain business automobile liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 per occurrence.

2.6 Such automobile liability insurance shall cover liability arising out of any auto (including owned, hired, and non-owned automobiles).

2.7 Commercial automobile coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00

20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to the amount provided in ISO form CA 00 01.

2.8 Company waives all rights against City and its agents, officers, directors and employees for recovery by the commercial automobile liability or commercial umbrella liability insurance obtained by Company pursuant to this section or under any applicable automobile physical damage coverage.

2.9 Workers’ Compensation & Employer’s Liability. Company shall maintain workers’ compensation insurance with a limit of no less than $1,000,000 each incident. The employers’ liability limit and, if necessary, commercial umbrella coverage, shall not be less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease.

2.10 Company waives all rights against City and its agents, officers, directors and employees for recovery of damages under Company’s workers’ compensation and employers’ liability in connection with scope of contract and completed operations.

3.0 EVIDENCE OF INSURANCE

3.1 Prior to commencement of work, and thereafter upon renewal or replacement of coverage required by this section, Company shall furnish City a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with this section. Company shall furnish copies of all endorsements as required by each section.

3.2 Failure of City to demand such certificate(s) or other evidence of full compliance with these insurance requirements or failure of City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Company’s obligation to maintain such insurance.

3.3 City shall have the right, but not the obligation, of prohibiting Company or any subcontractor from entering the project site until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by the City.

3.4 Failure to maintain required insurance may result in termination of this contract at sole option of the

3.5 All Certificates of Insurance need to reference job or contract number in comments section.

3.6 Certificate Holder shall be listed as follows: City of Rowlett, 4000 Main St., Rowlett, TX 75088

APPENDIX A

CDBG APPLICABLE LAWS AND FEDERAL REGULATIONS

HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

REQUIRED COMPLIANCE REQUIREMENTS

Applicable Federal, State, and Local Requirements - This project is being funded with federal Community Development Block Grant funds provided to the City of Rowlett from the U.S. Department of Housing and Urban Development. Contractor’s attention is especially directed to the fact that all applicable Federal and State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. These requirements are available at http://www.dol.gov and http://www.hud.gov.

This Section 6 is incorporated by this reference into the resulting Contract between the awarded Contractor and the City. To the extent of any conflict between the contract clauses set forth in this Exhibit and other provisions set forth in the Contract, the contract clauses of this Exhibit shall control. Unless otherwise defined below, capitalized terms shall have the meaning assigned to them in the Contract.

Contractor acknowledges that this Contract is funded entirely or in part by CDBG funds. The Contractor is responsible for ensuring its compliance with all applicable federal law, regulations, requirements, executive orders, and Department of Housing and Urban Development policies, procedures, and directives, including, but not limited to:

The Housing and Community Development Act of 1974, as Amended; Sec.

Davis Bacon and Related Acts (DBRA) [40 USC 276a] and as supplemented in Department of Labor regulations [29 CFR Part 5] Contract Work Hours and Safety Standards Act (CWHSSA) [40 USC 327-

334] Copeland Act (Anti-KickBack Act) [18 USC 874 and 40 USC 276C] and [29

CFR Part 3] Fair Labor Standards Act of 1938 (FLSA), as Amended [20 USC 201, et seq.] Environmental Regulations at 24 CFR 50.4, 58.5, and 58.6 HUD Handbook 1344.1 Rev. 1 – Federal Labor Standards Compliance in

Housing and Community Development Program Section 3 of the Housing and Urban Development Act of 1968, as Amended

[12 USC 1701u] and [24 CFR part 135] Equal Employment Opportunity, Executive Order 11246, as Amended, and as supplemented in Department of Labor regulations [41 CFR Chapter 60] Title VI of the Civil Rights Act of 1964, as Amended [42 USC 2000d] Conflict of Interest [24 CFR, Part 570.611] http://www.dol.gov/ http://www.hud.gov/

FEDERAL CONTRACTOR CERTIFCATION FORM

For each of the items below, Contractor shall certify Contractor’s agreement and ability to comply by having Contractor’s authorized representative initial each of the applicable terms and conditions.

Contractor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that Contractor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted below.

This Form must be completed and returned with the Contractor’s response to this procurement request.

Company Name:

Address:

Phone:

Email:

Printed Name and Title of Authorized Representative:

Signature of Authorized Representative:

Date:

Place Initials of Authorized Representative in each section below

Compliance Requirement

NON-COLLUSION AFFIDAVIT

By submission of a quote, bid, qualifications, or proposal, the Contractor certifies that:

a. The quote, bid, qualifications, or proposal has been independently arrived at without collusion with any other Contractor or with any other competitor;

b. This quote, bid, qualifications, or proposal has not knowingly disclosed and will not be knowingly disclosed, to any other Contractor or competitor or potential competitor, prior to the opening of the quote, bid, qualifications, or proposal for this project.

c. No attempt has been or will be made to induce any other person, partnership or corporation to submit or not submit a quote, bid, qualifications, or proposal.

d. The undersigned certifies that he is fully informed regarding the accuracy of the statements contained in this certification, and that the penalties herein are applicable to the Contractor as well as to any other person signing in his behalf.

CERTAIN DEBTS OR DELINQUENCIES CERTIFICATION

As required by Texas Government Code §2252.903 Contracting with Persons who have Certain Debts or Delinquencies, Contractor’s authorized agent certifies that it is not currently delinquent in payment of any student loan, child support obligation, or tax, to include franchise taxes owed the State of Texas under Chapter 171, Tax Code, or that it is exempt from, or not subject to, such tax.

Please indicate your status below by placing an X in the appropriate box:

The corporation or person is neither in debt nor delinquent in payment of any of the above and is exempt from payment of franchise taxes or is an out-of-state corporation not subject to franchise tax; therefore, I am submitting a certified statement to that effect.

The corporation or person is subject to Texas franchise tax and is neither in debt nor delinquent in payment of any of the above. I hereby certify that there is no delinquent Texas franchise tax pending against the corporation or person.

I hereby certify that there is delinquent Texas franchise tax pending against the corporation or person.

I hereby certify that the corporation or person is in debt or delinquent in payment of either a student loan, child support, or tax obligation owed to this state (other than Texas franchise tax).

COMPLIANCE WITH ANTITRUST LAWS (TEXAS GOVERNMENT CODE (2155.005)

I affirm under penalty of perjury of the laws of the State of Texas that:

a. I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed above;

b. In connection with this solicitation, neither I nor any representatives of the Company have violated any provision of the Texas Antitrust laws codified in Tex. Bus. & Comm. Code Chapter 15;

c. In connection with this solicitation, neither I nor any representative of the Company have violated any federal antitrust law; and

d. Neither I nor any representatives of the Company have directly or indirectly communicated any of the contents of this solicitation to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

CERTIFICATION REGARDING BOYCOTTING ISRAEL

If (a) Contractor is not a sole proprietorship; (b) Contractor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required.

Pursuant Texas Government Code, Chapter 2271, the Contractor hereby certifies and verifies that neither the Contractor, nor any affiliate, subsidiary, or parent company of the Contractor, if any (the “Contractor Companies”), boycotts Israel, and the Contractor agrees that the Contractor and Contractor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include 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 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.

CERTIFICATION REGARDING TERRORIST ORGANIZATIONS

Effective September 1, 2017, Texas Government Code, Chapter 2252, Subchapter

F, provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition under Subchapter F.)

I, the authorized representative of Contractor, do hereby certify and verify that Contractor is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

CERTIFICATION REGARDING CONTRACTING INFORMATION

If Contractor is not a governmental body and (a) the agreement with the City has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by the City; or (b) the agreement with the City results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City, the following certification shall apply; otherwise, this certification is not required. As required by Texas Government Code §552.374(b), the following statement is included in the solicitation and the Agreement (unless the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan): “The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid and Agreement and the contractor or Contractor agrees that the contract can be terminated if the contractor or Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.”

Pursuant to Subchapter J, Chapter 552, Texas Government Code, the Contractor hereby certifies and agrees to (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly provide to the City any contracting information related to the Agreement that is in the custody or possession of the Contractor on request of the City; and (3) on completion of the Agreement, either (a) provide at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Contractor, or (b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable…