CITY OF RICHARDSON RFQ NO. 2026-01

REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL

SERVICES

RFQ Issued: June 11, 2026

Submittal Deadline: July 16, 2026, prior to 2:00 PM

Requested by:

Engineering – Capital Projects Department

2360 Campbell Creek Blvd.

Richardson, TX 75082

(972) 744-4280

City of Richardson Request for Qualifications #2026-01 (RFQ)

TABLE OF CONTENTS

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I. Purpose of RFQ

II. Selection process

III. Professional Services Agreement duration

IV. Evaluation criteria

V. Additional instructions, notifications, and information

VI. Submittal instructions

VII. Content of submittal

APPENDIX A – Project Category of Interest Descriptions and Form………………………………9-11

APPENDIX B – Certification of compliance with insurance requirements …...…………….………..12

APPENDIX C – Certification of good legal standing …………………………………………………...13

APPENDIX D – Schedule…………………………………………………………………………….… 14

APPENDIX E – Sample City of Richardson Master Professional Services Agreement……………15

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I. PURPOSE OF RFQ

It is the City’s intent to pre-qualify a pool of Professional Services firms to be selected on an as needed, project specific basis for the desired professional services, primarily for Capital Projects.

Receipt of a response does not bind the City to any contract for said services, nor does it give any guarantee that a contract will be awarded. Contracts will be negotiated for each individual project, based on the individual needs of the City.

The contracted services will primarily be for projects that are included in the upcoming 2026 Bond Program, projects identified in the City’s Capital Improvements Plan (“CIP”), unprogrammed projects, or operational/maintenance projects. Project scopes may include roadways, alleys, sidewalks, drainage, water distribution, sanitary sewer collection, and combined projects, along with surveying, geotechnical engineering and construction materials testing, traffic engineering and planning, traffic operations, facility design, park planning and trail design, subsurface utility engineering, and construction management. Assigned projects or tasks may include the design of new infrastructure, upgrades to existing infrastructure, rehabilitation or reconstruction of existing infrastructure, studies or evaluations of new or existing infrastructure, or a combination of the preceding.

See Appendix A for details on the categories of services.

Selected Firms will be retained by the City through a Master Professional Services Agreement (MPSA) and work will be performed on Task Order basis for the category (or categories) of work for which they qualify through the Selection Process. Task Orders will be assigned to selected Firms as projects are identified and funded.

II. SELECTION PROCESS

All submissions that meet the minimum qualifications as outlined below will be added to the City’s pre-qualified pool of firms for each category of service, to provide professional services on future projects. A City staff-lead Evaluation Panel will review each Firm’s Statement of Qualifications (“SOQ”), and contact references to determine which Firms are sufficiently qualified to be selected for each category of service.

The City intends to establish a broad and diverse pool of qualified firms and does not anticipate selecting a single firm per category. Inclusion in the pre-qualified pool does not guarantee the award of any Task Order or minimum amount of work. A list of selected Firms will be developed for each category of service after the SOQ review process is complete. Firms will be notified by the City of the results of the initial SOQ review and at the conclusion of the RFQ process. Those selected for the City’s List of qualified firms will be asked to execute a Master Professional Services Agreement at such time as they are assigned a project. After the initial Master

Professional Services Agreement (MPSA) is executed, additional projects will be performed on a Task Order basis for the category (or categories) of work for which they qualify through the Selection Process. Task Orders will be assigned to selected Firms as projects are identified and funded.

As projects are developed, the City will consult the City’s List of qualified firms and select the most qualified Firm for the category of service. This selection will be on the basis of Firm’s performance on past and current projects, familiarity with project elements, current workload, technical capabilities required for each project, availability of key personnel, responsiveness, and the size and complexity of the project in relation to the Firm's demonstrated experience.

The City does not guarantee any minimum amount of work to any selected Firm. Task Orders may be assigned based upon project-specific qualifications, current workload, past performance, responsiveness, availability of staff, demonstrated expertise, and the City's determination of the best overall fit for the project. The City may choose multiple Firms from a category of service to provide project-specific qualifications or proposals prior to assigning a Task Order.

III. PROFESSIONAL SERVICES AGREEMENT DURATION

At such time as a firm is assigned a project, the City will enter into a Master Professional Service Agreement (MPSA) with said firm. The (MPSA) shall be for a period of three (3) years. At the City’s discretion, the Agreement shall be renewable for a successive term of three (3) years, unless either party provides written notice to the other party to terminate the agreement for convenience in accordance with the provisions of the Agreement.

See Appendix E for a sample City of Richardson Master Professional Services Agreement.

IV. EVALUATION CRITERIA

Firms must meet ALL the following baseline requirements. Missing or failing a single criterion results in immediate disqualification.

Administrative, Financial, and Risk Criteria (Pass/Fail)

• Timeliness: Submission received before the exact deadline

• Completeness: All required forms, signatures, and sections included.

Submission

Administrative Checklist

Pass

Technical Minimums

Pass

Pre-Qualified Vendor Pool

Fail

Disqualified

Fail

Disqualified

• Insurance: Proof of Commercial General Liability meeting $2,000,000 minimum.

• Errors & Omissions: Professional Liability insurance meeting $2,000,000 minimum.

• Legal Standing: No active debarments, bankruptcies, or material litigation defaults.

Technical Experience Criteria (Pass/Fail)

• Firm Longevity: Minimum of five (5) consecutive years in active business in the Dallas/Fort Worth area and a valid Firm license to practice in the State of Texas.

• Staffing: At least two (2) dedicated key personnel holding certification appropriate to the category Respondent wishes to be considered for.

• Project History: Provide three (3) completed municipal projects of similar scope for each project category Respondent is wishing to be considered for, preferably in the Dallas/Fort Worth area, with applicable references for each project. Projects should be within the last five (5) years.

V. ADDITIONAL INSTRUCTIONS, NOTIFICATIONS, AND INFORMATION

A. No Gratuities – Respondent shall not offer any gratuities, favors, or anything of monetary value to any official or employee of the City for the purpose of influencing this selection. Any attempt by Respondent to influence the selection process by any means, other than disclosure of qualifications and credentials through the proper channels, shall be grounds for exclusion from the selection process.

B. All Information True – Respondent represents and warrants to the City that all information provided in the response shall be true, correct and complete. Respondents which provide false, misleading, or incomplete information, whether intentional or not, in any of the documents presented to the City for consideration in the selection process shall be excluded.

C. Confidential Material – Any material that is to be considered as confidential in nature must be clearly marked as such and will be treated as confidential by the City to the extent allowed by law. Submission of information relative to this RFQ shall not be released by the City during qualification evaluation process or prior to contract award. Respondents are advised that the confidentiality of their qualifications will be protected to the extent permitted by law.

Respondents are advised to consider the implications of the Texas Open Records Act, particularly after the qualification process has ceased and the contract has been awarded.

Trade secrets and any material that is considered as confidential in nature must be clearly marked and identified as such at the time of proposal submittal and will be treated as confidential by the City to the extent allowed by the Texas Local Government Code Chapter

252.049 and the Texas Open Records Act. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Failure to identify proprietary/confidential information will result in all unmarked sections being deemed non-proprietary upon public request.

D. Qualifications Opening – So as to avoid disclosure of the contents to competing offerors, qualifications shall be kept secret during negotiations. All qualifications shall be open for public inspection after the selection process is completed, with the exception of trade secrets and confidential information contained in the qualification and identified by the proposer as such to the extent allowed by law.

E. Late Qualifications – Qualifications received after the submission deadline shall be returned unopened and will be considered void and unacceptable. The City is not responsible for lateness of the mail, postal carrier, courier, etc.

F. Technical Questions – Any technical questions prior to the closing date of submittals should be directed to Bonfire prior to 4:00 p.m. on July 2, 2026.

G. Addenda – Any interpretations, corrections, or changes to this RFQ will be made by addenda.

Sole issuing authority shall be vested in the City. Addenda may be obtained from Bonfire at https://cor.bonfirehub.com/ It is the Respondent’s responsibility to check Bonfire for addenda. Addenda must be acknowledged and included in the SOQ.

H. Inquiries – Do not contact the City of Richardson or elected officials during the selection process to make inquiries about the progress of this selection process. Respondents will be contacted when it is appropriate to do so. Failure to comply with this requirement could result in disqualification for consideration.

I. Cost of Responses – The City of Richardson will not be responsible for the costs incurred by anyone in the submittal of responses and interviews.

J. Contract Negotiations – This RFQ is not to be construed as a contract or as a commitment of any kind. If this RFQ results in a contract offer by the City, the specific scope of work, associated fees, and other contractual matters will be determined during contract negotiations. To ensure that the appropriate staff is assigned to the Project, the City intends to make the inclusion of a “key persons” clause a part of the contract negotiations.

K. No Obligation – The City reserves the sole right to (1) evaluate the responses submitted; (2) waive any irregularities therein; (3) select candidates for the submittal of more detailed or alternate qualifications; (4) accept any submittal or portion of submittal; (5) reject any or all Respondents submitting responses, should it be deemed in the City’s best interest; or (6) cancel the entire process.

L. Equal Opportunity Employer – Respondent agrees that, during the term of the contract, it shall not engage in any employment practices which have the effect of discriminating against any employee or applicant for employment on the basis of race, color, religion, national origin, sex, age, or handicap; further, Respondent will take affirmative steps that applicants are treated and employees are treated during employment without regard to their race, color, religion, national origin, sex, age or handicap.

M. Professional Liability Insurance – Respondent shall confirm that it has the appropriate liability insurance coverage for any project for which it may be retained. Specific insurance requirements can be found in Appendix E—Sample City of Richardson Master Professional Services Agreement.

VI. SUBMITTAL INSTRUCTIONS

A single response is required for consideration in this RFQ. The respondent shall submit an electronic submittal through Bonfire at https://cor.bonfirehub.com/ or one (1) submittal in digital format on a USB drive, in a sealed envelope, clearly marked with RFQ # 2026-01 prior to 2:00 p.m. (CDT), Thursday, July 16, 2026. Responses received after this time and date will not be accepted nor considered. Emailed or faxed applications will also not be accepted. Additionally, receipt of insufficient copies of the qualifications or not providing the required information in the desired format may result in elimination from the selection process.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcor.bonfirehub.com%2F&data=05%7C02%7CKatie.Barron%40cor.gov%7Cdeff151246884126516308de75648b83%7C03d2be56d29a41128a31d0e80c6fd32b%7C0%7C0%7C639077271859557575%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=nOZqQN2Y80%2FDe1PJpP1jY6rG2Zu9GpiX%2FKgACBNBxNA%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcor.bonfirehub.com%2F&data=05%7C02%7CKatie.Barron%40cor.gov%7Cdeff151246884126516308de75648b83%7C03d2be56d29a41128a31d0e80c6fd32b%7C0%7C0%7C639077271859591867%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=dok1b9PWc%2BYjIkmrOBRTk3ASSL%2FRuGXi8j%2Bs6BOUym8%3D&reserved=0

Consultants wishing to be considered for the referenced project are required to prepare and submit their Statement of Qualifications (SOQ) as follows:

• The SOQ pages shall be no larger than letter-size (8 ½” x 11”) with each Criteria Section

(defined below) addressed within the SOQ. Elaborate covers, binding, tabbed dividers, etc.

are not required.

• Limit the number of pages of the SOQ to 10 single-sided 8 ½” x 11” pages. A cover letter and tabs, as well as any required Forms and addenda, are not included in the page count. Any external links, QR codes, or similar references to outside sources will not be considered during the evaluation process.

• The SOQ shall not use a font size smaller than 11 pt. Arial font.

• The SOQ shall also document that the consultant can provide the necessary insurance and has no objections to the City’s standard form of agreement for professional services.

• Submit the completed SOQ electronically via Bonfire or via USB form by the date and time specified.

• DO NOT submit any proposals or fees for this scope of work at this time.

Electronic submittals though Bonfire at https://cor.bonfirehub.com/ or sealed proposals in PDF format on a USB drive shall be addressed to the Purchasing Manager and received at the address below:

City of Richardson

Purchasing Manager

2360 Campbell Creek Blvd, Suite 525

Richardson, TX 75082

The outside of the envelope or container must state:

RFQ NO. 2026-01 – REQUEST FOR QUALIFICATIONS (RFQ) FOR PROFESSIONAL

SERVICES

VII. CONTENT OF SUBMITTAL

Each response shall be submitted as outlined in this section and in the format as indicated in the previous section. Please include an outside cover and/or first page, containing the name of the Project (“Request for Qualifications for Professional Services for the City of Richardson”), the name of Firm, and the submittal date.

Tabbed dividers separating each of the following 4 sections for general firm information; Firm should include tabs 1, 2 and 3 only once in its RFQ submittal, in the correct order:

• Tab #1: Cover Letter The first page shall be a letter transmitting the response to the City and stating that the qualifications set forth in it remains effective for a period of 90 calendar days. If Respondent intends to joint venture or subcontract for any of the services, the transmittal letter shall contain the names of all such proposed subcontractors. At least one copy of the transmittal letter shall contain the original signature of a partner, principal, or officer of the Firm.

• Tab #2: Category Selection Checklist and License and Insurance

a) Project Category of Interest form from Appendix “A” indicating categories of service for which the Firm desires to be considered for award of a contract (streets, drainage, water, sewer, combined projects, traffic engineering, and surveying services, etc.).

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcor.bonfirehub.com%2F&data=05%7C02%7CKatie.Barron%40cor.gov%7Cdeff151246884126516308de75648b83%7C03d2be56d29a41128a31d0e80c6fd32b%7C0%7C0%7C639077271859591867%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=dok1b9PWc%2BYjIkmrOBRTk3ASSL%2FRuGXi8j%2Bs6BOUym8%3D&reserved=0

b) Documentation that Firm and its professionals are duly registered/licensed in the State of Texas.

c) Documentation that the Firm meets the insurance requirements as stated in Section IV of the Request for Qualifications and Article VI of the Master Agreement for Professional Services. Refer to Appendix B for the certification form.

d) Documentation that the Respondent is in good legal standing. Refer to Appendix C for the certification form.

• Tab #3: Firm Qualifications

a) Legal entity name for the State of Texas, addresses, and telephone numbers of all Firm offices in the Dallas/Fort Worth area. Specify from which office proposed services will be provided.

b) Years Firm has been in business in the Dallas/Fort Worth area.

c) Primary contact with phone number and e-mail address.

d) Organizational description.

e) Total number of professional and technical personnel by discipline and training, and office location as it pertains to the categories the Respondent is submitting for.

f) A brief history of the Firm and the services routinely provided in-house for the category of service.

• Tab #4: Representative Project List, References & Key Personnel

a) Provide three (3) projects that are representative of the category of selected work and appropriate references, completed within the last five (5) years. Respondent should indicate the Firm’s role, i.e. Prime or sub-consultant. Proposed key personnel should show work on the representative projects.

b) For each category, provide two (2) key personnel, including their role on the project and which office(s) they work out of.

APPENDIX “A”

PROJECT CATEGORY OF INTEREST DESCRIPTIONS AND FORM

Categories below show potential projects/tasks to be performed by each category.

I – LAND SURVEYING

• Topography survey

• Easement/ROW documents

• Review of plats/ROW/easement

• Staking

• Boundary Surveys

• Monumentation and Control Surveys

II – GEOTECHICAL ENGINEERING & CONSTRUCTION MATERIALS TESTING

• Soils testing including pavement and foundation design recommendations

• Soils density and concrete testing

• Structural steel and masonry inspection

• Welding inspection and testing

• Asphalt testing

III – ROADWAY DESIGN

• Concept plans

• Alleys

• Residential/Collector/Arterial

• Roundabouts

• Roadway Drainage

• Complete Street Design

IV - STORM DRAINAGE SERVICES

• Culverts/Bridges

• Subsurface Drainage and inlets

• Master Planning/Capacity Studies

• Hydrology and Hydraulics

• Capital Planning

• Mapping

• 1D/2D Modeling1D/2D Hydraulic Modelling,

• Geomorphology and Stream Restoration

• Perm. Erosion Control (Gabions, Retaining walls etc.)

• Temporary Erosion Control

• Storm Water Treatment

V – TRAFFIC ENGINEERING AND PLANNING

• Traffic Signal Design

• Intelligent Transportation Systems Planning and Design

• Traffic Studies including but not limited to traffic data collection, surveys, capacity analysis, warrant analysis, and safety analysis

• Transportation Planning Studies including but not limited to access management studies, corridor studies, and multimodal studies

• Illumination Analysis and Design

• Traffic Impact Analysis (perform/review)

• Traffic Signal Timing including Signal Performance Measures

• Intersection Design

• Signs & Markings plans

• Data Analytics

• Safe Streets (Vision Zero)

• Bicycle and Pedestrian Facilities

• ADA transition plan

VI - WATER SERVICES

• Master Plan/Analysis

• Storage tank Design (Ground/Elevated/Refurbishing)

• Pump Station Design

• Waterlines (Transmission/Distribution)

• System Inspections

• Condition Assessment

• Asset Management

• System Repairs

VII – SANITARY SEWER SERVICES

• Master Plan Analysis

• Lift station (Design/Upgrades)

• Wastewater Line Design (Force main/Gravity)

• System Inspections

• Condition Assessment

• Asset Management

• System Repairs

VIII – PARKS SERVICES

• Landscape Architecture

• Irrigation

• Parks Planning

• Trails & Playgrounds

• Pedestrian Bridge Design

• Engineering Design of Trails

IX – CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES

• Construction Administration & Project Management

• Construction Inspection

• Engineering Assessment & Studies

• Cost Estimating & Value Engineering

• Registered Accessibility Specialist (RAS)

X – ENVIRONMENTAL SERVICES

• Environmental site assessments

• Asbestos abatement

• Hazardous materials

APPENDIX “A”

PROJECT CATEGORY OF INTEREST DESCRIPTIONS AND FORM

Please indicate the categories that your Firm is interested in and qualified for:

____ LAND SURVEYING

____ GEOTECHICAL ENGINEERING & CONSTRUCTION MATERIALS TESTING

____ ROADWAY DESIGN

____ STORM DRAINAGE SERVICES

____ TRAFFIC ENGINEERING & PLANNING

____ WATER SERVICES

____ SANITARY SEWER SERVICES

____ PARKS SERVICES

____ CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES

____ ENVIRONMENTAL SERVICES

APPENDIX “B”

CERTIFICATION OF COMPLIANCE WITH INSURANCE REQUIREMENTS

The undersigned certifies that the firm meets the insurance requirements stated in the Request for Qualifications document and the Master Professional Services Agreement.

Printed Name:

Title:

Company:

Date:

APPENDIX “C”

CERTIFICATION OF GOOD LEGAL STANDING

The undersigned certifies that the firm and its principals:

☐ Have no active debarments.

☐ Are not subject to an active bankruptcy filing that would impair contract performance or authority to enter into an agreement with City of Richardson.

☐ Have no material litigation defaults that would affect legal standing or performance under this agreement.

If any statement above cannot be certified, attach a written explanation.

Printed Name:

Company:

Date:

APPENDIX “D”

SCHEDULE

REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL SERVICES

RFQ NO. 2026-01

Request for Qualifications Released Thursday, June 11, 2026

Advertise in Dallas Morning News 1 Thursday, June 11, 2026

Advertise in Dallas Morning News 2 Thursday, June 18, 2026

RFQ related questions Due (4:00 PM) Thursday, July 2, 2026

Answers to questions via written addendum Thursday, July 9, 2026

Qualifications Due (prior to 2:00 PM) Thursday, July 16, 2026

Evaluation Committee Meets Thursday, August 13, 2026

Notice issued to pre-qualified firms Monday, August 24, 2026

APPENDIX “E”

SAMPLE CITY OF RICHARDSON MASTER PROFESSIONAL SERVICES AGREEMENT

PAGE 1 MASTER AGREEMENT FOR PROFESSIONAL SERVICES CITY OF RICHARDSON

4865-0236-3273, v. 1

STATE OF TEXAS §

COUNTY OF DALLAS §

MASTER AGREEMENT FOR PROFESSIONAL SERVICES

This Agreement for Professional Services (“Agreement”) is made by and between the City of Richardson, Texas (“City”) and ________________, a Texas limited liability company, (“Professional”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives.

RECITALS:

WHEREAS, the City desires to engage the services of the Professional as an independent contractor, and not as an employee, to provide services described in Exhibit “A” (the “Scope of Services”) to assist the City in geotechnical engineering, construction materials testing and environmental services (the “Project”) on the terms and conditions set forth in this Agreement;

and

WHEREAS, the Professional desires to render services for the City on the terms and conditions set forth in this Agreement;

NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:

Article I Term

1.1 This Agreement shall commence on the last date of execution hereof (“Effective Date”) and continue to December 31, 2026, and shall be renewable at the City's discretion for a successive term of three years from said date, subject to earlier termination as provided herein.

1.2 Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party. In the event of such termination the Professional shall deliver to City all finished and unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, or other items prepared by the Professional in connection with this Agreement.

Professional shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination.

Article II Scope of Service

2.1 The Professional shall perform the services in connection with the Project as set forth in the Scope of Services. The Professional shall perform the services with: (i) the professional skill and care ordinarily provided by competent architects or engineers, as the case may be, practicing in the same or similar locality and under the same or similar circumstances and professional license; and (ii) as expeditiously as is prudent considering the ordinary professional

PAGE 2 MASTER AGREEMENT FOR PROFESSIONAL SERVICES CITY OF RICHARDSON

skill and care of a competent architect or engineer, as the case may be. If the Professional is not a licensed engineer or registered architect, the Professional shall perform the services: (i) with the skill and care ordinarily provided by similar professionals practicing in the same or similar locality and under the same circumstances and applicable licenses or certifications; and (ii) as expeditiously as is prudent considering the ordinary skill and care of similar competent professionals.

2.2 The City shall, prior to commencement of services, provide the Professional with the information set forth in the Scope of Services, if any.

2.3 Licenses. Professional represents to City that Professional possesses any and all licenses which may be required by the State of Texas or any other governmental entity having jurisdiction as may be necessary for the performance of Professional's services pursuant to this Agreement.

2.4 Information/Confidentiality. City will furnish to Professional such information with respect to the Project as Professional may reasonably request in order to render Professional's services effectively. Professional will hold in strict confidence all information with respect to the Project which is furnished to Professional by City in confidence, and which is not otherwise publicly available and/or not required, as a matter of law or proper business practice, to be disclosed to a third party in connection with the services for the Project.

2.5 Deliverables. Upon execution of this Agreement the City has the right to use the

Professional’s instruments of service, including but not limited to, reports, maps, cost estimates, recommendations, or other deliverables for the Project, provided that the City substantially performs its obligations, including prompt payment of all sums when due under this Agreement.

City’s employees, agents, contractors, and subcontractors may reproduce applicable portions of the instruments of service for use in performing services or construction related to the Project.

Upon payment of all amounts due Professional hereunder, all deliverables, materials and reports prepared by the Professional in connection with this Agreement shall become the property of the City. The City shall have the right to publish, disclose, distribute, and otherwise use such deliverables, materials and reports only for those purposes for which they were intended. Subject to the foregoing, Professional shall, upon completion of the services, or earlier termination, provide the City with the deliverables, drawings, reports, maps, and materials prepared by Professional as set forth in the Scope of Services.

2.6 Conflict of Interest. Professional agrees to notify City and seek City's approval prior to Professional's retention by any other individuals or entities, which either directly or indirectly may create a conflict of interest in Professional's services under this Agreement. City may deny any such approval for Professional's retention set forth above, in the event City, in City's sole and absolute discretion, should conclude that such retention would have an adverse effect on Professional's services under this Agreement.

2.7 Opinion of Probable Costs. Professional will, if required by the Scope of Services, furnish an opinion of probable Project development cost based on present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, PAGE 3 MASTER AGREEMENT FOR PROFESSIONAL SERVICES CITY OF RICHARDSON feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by Professional hereunder will be made on the basis of Professional’s cost of labor, material, equipment, or services furnished by others or over market conditions or contractors' methods of determining their prices.

Article III Schedule of Work

3.1 The Professional agrees to complete the required services in accordance with the Project Schedule outlined in the Scope of Services. Time is of the essence in the performance of services under this Agreement.

Article IV Compensation and Method of Payment

4.1 Professional will be compensated in accordance with the payment schedule and amounts set forth in the Scope of Services. Unless otherwise provided herein, payment to the Professional shall be monthly based on the Professional’s monthly progress report and detailed monthly itemized statement for services that shows the names of the Professional’s employees, agents, contractors performing the services, the time worked, the actual services performed, the rates charges for such service, reimbursable expenses, the total amount of fee earned to date, and the amount due and payable as of the current statement, in a form reasonably acceptable to the City. Monthly statements shall include authorized non-salary expenses with supporting itemized invoices and documentation. The City shall pay such monthly statements within thirty (30) days after receipt and City verification of the services and expenses unless otherwise provided herein.

4.2 Unless otherwise provided in the Scope of Services the Professional shall be responsible for all expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, telephone, internet, and email charges.

4.3 The hourly rates set forth in the Scope of Services, if any, shall remain in effect during the term of this Agreement. Any changes to established hourly rates shall require the prior written consent of the City.

Article V Devotion of Time; Personnel; and Equipment

5.1 The Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. Should the City require additional services not included under this Agreement, the Professional shall make reasonable effort to provide such additional services within the time schedule without decreasing the effectiveness of the performance of services required under this Agreement and shall be compensated for such additional services on a time and materials basis, in accordance with Professional’s standard hourly rate schedule, or as otherwise agreed between the Parties.

PAGE 4 MASTER AGREEMENT FOR PROFESSIONAL SERVICES CITY OF RICHARDSON

5.2 To the extent reasonably necessary for the Professional to perform the services under this Agreement, the Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that the Professional may deem proper to aid or assist in the performance of the services under this Agreement. The Professional shall provide written notice to and obtain written approval from the City prior to engaging services not referenced in the Scope of Services. The cost of such personnel and assistance shall be included as part of the total compensation to be paid Professional hereunder and shall not otherwise be reimbursed by the City unless otherwise provided herein.

5.3 The Professional shall furnish the facilities, equipment, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein.

5.4 The Professional shall submit monthly progress reports and attend monthly progress meetings as may be required by the City from time to time based upon Project demands.

Each progress report shall detail the work accomplished and special problems or delays experienced on the Project during the previous report period, and the planned work activities and special problems or delays anticipated for the next report period.

Article VI Insurance, Indemnification and Liability

6.1 Insurance.

(a) Professional shall during the term hereof maintain in full force and effect the following insurance: (i) a commercial liability policy of insurance for bodily injury, death and property damage including the property of the City, its officers, contractors, agents and employees (collectively referred to as the “City”) insuring against all claims, demands or actions relating to the work and services provided by the Professional pursuant to this Agreement with a minimum combined single limit of not less than $2,000,000.00 per occurrence for injury to persons (including death), and for property damage and $2,000,000.00 aggregate including products and completed operations coverage of $1,000,000.00. This policy shall be primary to any policy or policies carried by or available to the City; (ii) policy of automobile liability insurance covering any vehicles owned, non-owned and hired and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $1,000,000.00 combined single limit for bodily injury, death and property damage; (iii) statutory Worker’s Compensation Insurance at the statutory limits and Employers Liability covering all of Professional’s employees involved in the provision of services under this Agreement with policy limit of not less than $1,000,000.00; and (iv) Professional Liability with policy limit of not less than $2,000,000.00 per claim and $2,000,000.00 in the aggregate, covering negligent acts, errors and omissions by Professional, its contractors, sub-contractors, consultants and employees in the performance of services pursuant to this Agreement.

(b) All insurance shall be endorsed to provide the following provisions: (1) name the City, its council, officers, and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance and Professional Liability; (2) provide for a waiver

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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, except for Professional Liability Insurance. A specific endorsement needs to be added to all policies, with a copy of the endorsement provided to the City that indicates the insurance company will provide to the City at least a thirty

(30) day prior written notice for cancellation, non-renewal, and/or material changes of the policy.

In the event the companies providing the required insurance are prohibited by law to provide any such specific endorsements, the Professional shall provide at least thirty (30) days prior written notice to the City of any cancellation, non-renewal and/or material changes to any of the policies of insurance.

(c) All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service. All policies must be written on a primary basis, non-contributory with any other insurance coverage and/or self-insurance maintained by the City.

(d) A certificate of insurance and copies of policy endorsements evidencing the required insurance shall be submitted to the City prior to commencement of services. On every date of renewal of the required insurance policies, the Professional shall cause a certificate of insurance and policy endorsements to be issued evidencing the required insurance herein and delivered to the City. In addition, the Professional shall, within ten (10) business days after written request, provide the City with certificates of insurance and policy endorsements for the insurance required herein.

6.2 Indemnification. PROFESSIONAL DOES HEREBY COVENANT AND CONTRACT

TO WAIVE ANY AND ALL CLAIMS, RELEASE, DEFEND, INDEMNIFY, AND HOLD

HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS,

FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS,

COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES

OR SUITS, TO THE EXTENT CAUSED BY OR RESULTING FROM THE NEGLIGENCE,

INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO

PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL, ITS

AGENT, ITS CONSULTANTS AND CONTRACTORS UNDER CONTRACT, OR ANY

OTHER ENTITY OVER WHICH THE PROFESSIONAL EXERCISES CONTROL.

INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS’ FEES AND

COSTS, COURT COSTS, AND SETTLEMENT COSTS IN PROPORTION TO THE

PROFESSIONAL’S LIABILITY. THE PROFESSIONAL’S OBLIGATIONS UNDER THIS

SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE

MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS

AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS

AGREEMENT.

6.3 Liability Limitation Prohibition. THERE IS NO LIMITATION OF PROFESSIONAL’S

LIABILITY AND NONE WILL BE ACKNOWLEDGED, AGREED TO OR OTHERWISE

RECOGNIZED IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES

PROVIDED BY PROFESSIONAL, REGARDLESS OF ANY TERM OR PROVISION

CONTAINED WITHIN ANY OTHER DOCUMENT THAT MAY FORM A PART OF THE

PAGE 6 MASTER AGREEMENT FOR PROFESSIONAL SERVICES CITY OF RICHARDSON

AGREEMENT BETWEEN THE CITY AND PROFESSIONAL. NO RESPONSE TO CITY’S

REQUEST FOR QUALIFICATIONS, ANY INVOICE, STATEMENT OR OTHER

DOCUMENT MAY VARY THIS REQUIREMENT.

Article VII Miscellaneous

7.1 Ownership of Instruments of Service. All documents including but not limited to reports, drawings and specifications, provided or furnished by Professional pursuant to this Agreement are instruments of service in respect to the Project, whether or not the Project is completed, and shall be the property of the City. The City shall have, keep and retain all rights, title and interest in and to all Instruments of Service, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all Instruments of Service, whether in draft form or final form, which are produced at its request and in furtherance of this Agreement. The Professional shall endeavor to omit any information in the Instruments of Service which may constitute trade secrets. If any portion of the documents comprising the Instruments of Service have been previously copyrighted or otherwise protected from disclosure or unauthorized use by the Professional which have previously been prepared by the Professional and which are not created for the sole and specific purpose of this Project, such copyright protections or reservations of rights shall be expressly stated thereon. When such documents are in electronic form, the City shall own copies of data files, text, specifications or drawings for the City’s information in its use of the Services. However, due to the potential that electronic information can be modified by the City or other persons, unintentionally or otherwise, Professional reserves the right to remove all indicia of its ownership and/or involvement from each electronic display or file. For documentation purposes, the original computer files will be retained by Professional for a period not to exceed five (5) years after completion of the Services.

Thereafter, all such files shall be remitted to the City. In addition, electronic information created and produced by Professional is considered a part of Professional’s instrument of service and will not be used by the City on other Services, for additions to this Service, or for completion of this Service by another design professional except by agreement or Professional’s default. Any such use or reuse of any instrument of service by the City or others without written verification or data adaptation by Professional for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to Professional.

7.2 Viruses and Malware. Professional’s indemnity obligations under this Agreement extend to its failure to implement and maintain reasonable measures and precautions to protect the City and the City’s facilities from data breaches and the introduction into the City’s computer network of any programs, mechanisms, programming devices, malware or other computer code (i) designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software program or code, or any computer system or network (commonly referred to as “malware”, “spyware”, “viruses” or “worms”); (ii) that would disable or impair the operation thereof or of any software, computer system or network in any way based on the elapsing of a period of time or the advancement to a particular date or other numeral (referred to as “time bombs”, “time locks”, or “drop dead” devices); (iii) is designed to or could reasonably be used to permit a party or any third party to access any computer system or network (referred to as “trojans”, “traps”, “access codes” or “trap door” devices); or (iv) is designed to or could reasonably be used

PAGE 7 MASTER AGREEMENT FOR PROFESSIONAL SERVICES CITY OF RICHARDSON

to permit a party or any third party to track, monitor or otherwise report the operation and use of any software program or any computer system or network by the other party or any of its customers. The Professional will hold harmless, indemnify and defend the City from and against data breaches and malware, ransomware, viruses or other electronic software, routines, programs, codes or devices that may damage or impair the City’s computer facilities arising from the Professional’s performance under this Agreement.

7.3 Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter.

7.4 Assignment. The Professional may not assign this Agreement without the prior written consent of City. In the event of an assignment by the Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement.

7.5 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns.

7.6 Governing Law. The laws of the State of Texas shall govern this Agreement without regard to any conflict of law rules; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court.

7.7 Amendments. This Agreement may be amended by the mutual written agreement of the Parties.

7.8 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.

7.9 Independent Contractor. It is understood and agreed by and between the Parties that the Professional, in satisfying the conditions of this Agreement, is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions.

All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Professional shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement.

7.10 Right-of-Access. The Professional shall not enter onto private property without lawful right-of-access to perform required surveys, or other necessary investigations. The Professional will take reasonable precautions to minimize damage to the private and public

PAGE 8 MASTER AGREEMENT FOR PROFESSIONAL SERVICES CITY OF RICHARDSON

property in the performance of such surveys and investigations. Any right-of-access to public or private property shall be obtained in accordance with the Scope of Services.

7.11 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery or on the day actually received if sent by courier or otherwise hand delivered:

If intended for City, to:

Attn: City Manager

City of Richardson, Texas 2360 Campbell Creek Blvd Richardson, Texas 75082

With a copy to:

Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P.

1800 Ross Tower 500 North Akard Street Dallas, Texas 75201

If intended for Professional:

Attn: ____________ Address:

City, Zip code

7.12 Debarment and Suspension.

(a) In accordance with 2 CFR section 180.300, Professional verifies that Professional and its principals under this Agreement as described in 2 CFR section 180.995 being duly sworn or under penalty of perjury under the laws of the United States, that neither Professional nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, the State of Texas, or any of its departments or agencies.

(b) If, during the term of this Agreement, Professional becomes debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation, Professional shall immediately inform the City.

(c) For agreements that are financed by Federal or State grants, Professional agrees that this section will be enforced on each of its subcontractors and will inform the City of any violations of this section by subcontractors to the Agreement.

(d) The certification in this section is a material representation of fact relied upon by the City in entering into this Agreement.

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7.13 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties hereto.

7.14 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes.

7.15 Boycott Israel; Boycott Energy Companies; and Prohibition of Discrimination against Firearm Entities and Firearm Trade Associations.

(a) Professional verifies that it does not Boycott Israel and agrees that during the term of the Agreement will not Boycott Israel as that term is defined in Texas Government Code Section 808.001, as amended.

(b) Professional verifies that it does not Boycott Energy Companies and agrees that during the term of this Agreement will not Boycott Energy Companies as that term is defined in Texas Government Code Section 809.001, as amended.

(c) Professional verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association as those terms are defined in Texas Government Code Section 2274.001, as amended; and (ii) will not discriminate during the term of this Agreement against a firearm entity or firearm trade association.

(d) This section does not apply if Professional is a sole proprietor, a non-profit entity, or a governmental entity; and only applies if: (i) Professional has ten (10) or more fulltime employees and (ii) this Agreement has a value of $100,000.00 or more to be paid under the terms of this Agreement.

(Signature Page to Follow)

PAGE 10 MASTER AGREEMENT FOR PROFESSIONAL SERVICES CITY OF RICHARDSON

EXECUTED this _______ day of _____________________, 2024.

CITY OF RICHARDSON, TEXAS

By:

Assistant City Manager

EXECUTED this _______ day of _____________________, 2024.

FIRM NAME

By:

Name:

EXHIBIT “A”

SCOPE OF SERVICES

PAGE 11 (FORM) AGREEMENT FOR PROFESSIONAL SERVICES

CITY OF RICHARDSON AND _______________ (TM 124807 / ED. 9-21)

(to be attached)