ON-CALL TRAFFIC ENGINEERING

SERVICES

SUBMISSIONS ARE DUE TO THE OFFICE OF

THE TO:

August 26, 2026

@ 2:00PM CT

NO LATE SUBMITTALS WILL BE ACCEPTED.

VIRTUAL BID OPENING:

August 20, 2026 @ 4:00PM CT

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

CITY OF FRISCO

6101 FRISCO SQUARE BLVD

FRISCO, TX 75034

Steve Cone, NIGP-CPP, CPPB Purchasing Manager scone@friscotexas.gov 972 292 5541

Lara Froment, CPPB Senior Buyer lfroment@friscotexas.gov 972 292 5546

REQUEST FOR QUALIFICATIONS #2607-075

ON-CALL TRAFFIC ENGINEERING SERVICES

SUBMITTERS MUST SUBMIT AN ORIGINAL HARD COPY WITH AN ELECTRONIC COPY ON

A CD OR FLASHDRIVE, IF NOT SUBMITTING ELECTRONICALLY THROUGH BONFIRE.

SUBMISSIONS MUST BE RECEIVED BY AUGUST 26, 2026 BEFORE 2:00 PM CT BY THE

’ OFFICE. NO SUBMISSION WILL BE ACCEPTED AFTER

THAT DATE AND TIME. ALL SUBMISSIONS RECEIVED AFTER THIS DATE AND TIME

WILL BE CONSIDERED NONRESPONSIVE.

Submissions will be publicly opened and names of those that submitted read aloud at the Frisco City Hall located at 6101 Frisco Square Blvd., Frisco, Texas 75034 Room IC116 on August 26, 2026 at 2:05 PM CT

Write the request for qualifications number, 2607-075, and name of the RFQ (Request for Qualifications), ON-CALL TRAFFIC ENGINEERING SERVICES, and the name of your organization on the outer envelope

GENERAL CONDITIONS OF PROPOSER

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

SUBMISSIONS

2. FORM: Proposer must submit original hard copy and a digital copy on CD or Flashdrive of the sealed submission/written quote/submission or submit electronically via bonfire to the Purchasing manager prior to response due date/time. Failure to submit the additional copies may result in the respondent being declared non responsive to specification and may not be further evaluated.

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

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

6. F.O.B./DAMAGE: Quotations shall be proposed F.O.B. delivered to the designated Municipal Facility, Frisco, Texas and shall include all delivery and packaging costs. The City assumes no liability for goods delivered in damaged or unacceptable condition. The successful Proposer shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City.

7. DELIVERY PROMISE-PENALTIES: Responses MUST show the number of calendar days required to place the material in the possession of the City. Do not quote shipping dates.

When delivery delay can be foreseen, the Proposer shall give prior written notice to the City, who shall have the right, in its sole discretion, to extend the delivery date if reasons for delay appear acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes the City to purchase the goods elsewhere, and charge any increase in cost and handling to the defaulting Proposer.

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

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

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

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

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

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

14. SUBMISSION OPENINGS: All submissions will be read at the City’s regularly scheduled RFQ opening for the designated project. However the reading of a submission at RFQ opening should not be construed as a comment on the responsiveness of such submission or as any indication that the City accepts such submission as responsive. The City will make a determination as to the responsiveness of submittal based upon compliance with all applicable laws, City of Frisco Purchasing Guidelines, and project documents, including but not limited to the project specifications and contract documents. The City will notify the successful Proposer upon award of the contract and according to state law; all submissions received will be available for inspection at that time, unless otherwise provided by law.

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

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

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

PERFORMANCE

19. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE RESONDANT: A

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

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

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

C. Have a satisfactory record of performance;

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

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

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

21. SPECIFICATION-SAMPLES: Any catalog, brand name, or manufacturer's reference used is considered to be descriptive, not restrictive, and is indicative of the type and quality the City desires to purchase. Submissions on brands of like nature and quality may be considered unless specifically excluded. Samples, if required, shall be furnished free of expense to the City. SAMPLES SHOULD NOT BE ENCLOSED WITH SUBMISSION

UNLESS REQUESTED.

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

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

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

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

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

PURCHASE ORDERS AND PAYMENT

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

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

28. SECURITY/BOND REQUIREMENTS: If required, security shall be submitted in the same manner as your submission. Any electronic submittals will require the vendor to provide the original hard copy within three (3) business days of the notification of intent to award.

Any submittal without bond or cashiers/certified check, where required, shall be considered non-responsive and will not be considered for award. Performance and/or payment bonds, when required, shall be submitted to the City, prior to commencement of any work pursuant to the agreement provisions.

29. FUNDING: The City is a home-rule municipal corporation operated and funded on an October 1 to September 30 basis, accordingly, the City reserves the right to terminate, without liability to the City, any contract for which funding is not available.

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

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

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

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

accountspayable@friscotexas.gov

CONTRACT

33. CONTRACT PERIOD/RENEWAL OPTIONS: In the case of an annual contract, the contract shall be for a predetermined period as specified in the Request for Qualifications.

If a clause for option to renew for additional period(s) is (are) included, renewal(s) will be based solely upon the option and written agreement between both the City and the Contractor. Either party dissenting will terminate the contract in accordance with its initial specified term.

34. AUDIT: The City reserves the right to audit the records and performance of successful Proposer during the term of the contract and for three (3) years thereafter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

-Implementing proper material handling BMPs for transportation and storage.

-Implementing proper waste disposal BMPs.

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

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

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

Filing Process:

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

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

48. CHAPTER 2270 CERTIFICATION

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

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

CITY OF FRISCO CONTRACTOR INSURANCE REQUIREMENTS

SUPPLEMENTAL INFORMATION

AFFIDAVIT OF NO PROHIBITED INTEREST

Contract Risk Assessment Questionnaire Required Submittals

Signature

PROPOSER REMINDER LIST:

REQUESTED DOCUMENTATION INCLUDED?

ORIGINALS PLUS DIGITAL COPY INCLUDED, UNLESS SUBMITTING THROUGH BONFIRE?

ALL BLANKS COMPLETED ON THIS FORM?

COMPLETED COMPANY PROFILE/REFERENCES?

COMPLETED SIGNATURES?

Schedule of Events

Request for Qualifications # 2607-075

ON-CALL TRAFFIC ENGINEERING SERVICES

Background

The City of Frisco is seeking qualification statements from experienced civil engineering firms who can demonstrate they have the resources, experience, and qualifications to provide traffic engineering services. Professional traffic engineering services are being sought in six (6) categories, including: 1) roadway illumination design, 2) traffic signal design, 3) Intelligent Transportation Systems (“ITS”) planning and design (including Connected Vehicle infrastructure and Cybersecurity), 4) roundabout design and analysis, 5) urban mobility planning and design, and 6) traffic engineering studies, signal timing and data analytics.

Category Detail

Roadway Illumination Design

Traffic Signal Design

Intelligent Transportation Systems (ITS) Planning and Design (including Connected Vehicle Infrastructure and Cybersecurity)

Roundabout Design and Analysis

Urban Mobility Planning and Design

Traffic Engineering Studies, Signal Timing and Data Analytics

For the electronic copy, please include one fully compiled file for ease of access in reviewing qualification statements

(30 points)

(35 points)

(25 points)

(10 points)

SUBMITTAL REQUIREMENTS

SIGNATURE FORM

2607-075

ON-CALL TRAFFIC ENGINEERING SERVICES

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

City of Frisco, Texas – Professional Services Agreement

AGREEMENT

BETWEEN

THE CITY OF FRISCO, TEXAS

AND

Insert Company Name

FOR

PROFESSIONAL ENGINEERING SERVICES

The City of Frisco, Texas

Insert Company Name

Professional Traffic Engineering Services, Contract Number 2027-0XX-XX

Insert Company Name, Inc.

WHEREAS

WHEREAS

NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:

City of Frisco, Texas – Professional Services Agreement Page of

ARTICLE 1

CONSULTANT’S SERVICES

Employment of Consultant

Scope of Services Exhibit A

Exhibit A

Exhibit A

Requirement of Written Change Order

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

ADDITIONAL SERVICES WITHOUT A DULY EXECUTED WRITTEN

CHANGE ORDER ISSUED BY THE FRISCO CITY MANAGER

Schedule of Work

Exhibit A

Exhibit B

Exhibits A and B

Standard of Care

ARTICLE 2

CITY’S RESPONSIBILITIES

Project Data

City Project Manager

Exhibit A

ARTICLE 3

CONSULTANT’S COMPENSATION

Compensation for Consultant’s Services

Exhibit B Exhibit A

Completion of Record Documents

Disputes between City and Construction Contractor

Consultation and Approval by Governmental Authorities and Franchised Utilities

Substantial Compliance with Architectural Barriers Act

Submission of Construction Documents to TDLR

Completion of Registration Form to TDLR

TDLR Approval of Construction Documents

TDLR Project Inspection

Corrective Modifications following TDLR Project Inspection

Direct Expenses

Exhibit B Exhibit C

Additional Services

Exhibit A

Exhibit A

Exhibit A

Hourly Billable Rates by Position Name Position Hourly Rate

Invoices

Exhibits A and B

Timing of Payment

Disputed Payment Procedures

Failure to Pay

Adjusted Compensation

ARTICLE 4

OWNERSHIP OF DOCUMENTS

Documents Property of City

Exhibit A

Exhibit A

Documents Subject to Laws Regarding Public Disclosure

ARTICLE 5

CONSULTANT’S INSURANCE REQUIREMENTS

Required General Liability Insurance Exhibit E

Required Professional Liability Insurance Exhibit E

Required Workers Compensation Insurance Exhibit E

Circumstances Requiring Umbrella Coverage or Excess Liability Coverage

Exhibit E

ARTICLE 6

CONSULTANT’S ACCOUNTING RECORDS

ARTICLE 7

AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE

Exhibit F

Exhibit F

Exhibit G

ARTICLE 8

TERMINATION OF AGREEMENT/REMEDIES

ARTICLE 9

DISPUTE RESOLUTION/MEDIATION

ARTICLE 10

INDEMNITY

CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY

AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND

EMPLOYEES (COLLECTIVELY REFERRED TO AS “CITY” FOR PURPOSES OF THIS

ARTICLE 10) FROM AND AGAINST ALL DAMAGES, INJURIES (WHETHER IN

CONTRACT OR IN TORT, INCLUDING PERSONAL INJURY AND DEATH), CLAIMS,

PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS

(REGARDLESS OF WHETHER THE ALLEGATIONS ARE FALSE, FRAUDULENT OR

GROUNDLESS), SUITS, ACTIONS, JUDGMENTS, LIENS, COSTS AND EXPENSES,

INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES (INCLUDING

ATTORNEY’S FEES AND EXPENSES INCURRED IN ENFORCING THIS ARTICLE 10),

THAT IN WHOLE OR IN PART ARISE OUT OF OR ARE CONNECTED WITH, OR THAT ARE

ALLEGED TO HAVE ARISEN OUT OF OR CONNECTED WITH, GOODS AND/OR

SERVICES PROVIDED BY CONSULTANT, ITS OFFICERS, AGENTS,

REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR

ANY OTHER THIRD PARTIES FOR WHOM CONSULTANT IS LEGALLY RESPONSIBLE

(COLLECTIVELY REFERRED TO AS “CONSULTANT” FOR PURPOSES OF THIS

ARTICLE 10) PURSUANT TO THIS AGREEMENT AND/OR THE NEGLIGENT, GROSSLY

NEGLIGENT AND/OR INTENTIONAL WRONGFUL ACT AND/OR OMISSION OF

CONSULTANT IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF

THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF CITY

(COLLECTIVELY, “CLAIMS”). THIS INDEMNIFICATION PROVISION AND THE USE OF

THE TERM “CLAIMS” IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT IS NOT

LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT

AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY

PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY

FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES,

ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND

UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY

EMPLOYMENT RELATIONSHIP BETWEEN CONSULTANT AND ITS EMPLOYEES OR

SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR’S OR EMPLOYEE’S

EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH CONSULTANT,

INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX,

SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL

ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR

REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY,

FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO

RELIEF UNDER THE WORKERS’ COMPENSATION ACT OR WOULD BE SUBJECT TO

RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY

OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. CONSULTANT IS

EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED,

HOWEVER, THAT IF A COURT OF COMPETENT JURISDICTION SIGNS A JUDGMENT

THAT BECOMES FINAL AND NON-APPEALABLE, DETERMINING THAT CITY (WITHOUT

WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE

NEGLIGENCE FOR THE CLAIMS IN ACCORDANCE WITH THE LAWS OF THE STATE OF

TEXAS (“JUDGMENT”), THEN CONSULTANT IS NOT REQUIRED TO INDEMNIFY OR

DEFEND CITY TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO CITY FOR

EACH CAUSE(S) OF ACTION IDENTIFIED IN THE JUDGMENT. IN THE EVENT THE

JUDGMENT PROVIDES THAT CITY IS JOINTLY, CONCURRENTLY OR SOLELY

NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, CITY AGREES TO REIMBURSE

CONSULTANT FOR ALL REASONABLE AND NECESSARY COSTS INCURRED AND PAID

BY CONSULTANT THAT ARE ATTRIBUTABLE TO CITY’S PERCENTAGE OF JOINT,

CONCURRENT OR SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING

REASONABLE AND NECESSARY ATTORNEY’S FEES AND EXPENSES, WITHIN SIXTY

(60) DAYS OF THE DATE THE JUDGMENT BECOMES FINAL AND NON-APPEALABLE.

IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL

SERVICES, THEN CONSULTANT’S INDEMNITY AND DEFENSE OBLIGATIONS UNDER

THIS ARTICLE 10 ARE LIMITED BY, AND TO BE READ AS COMPLYING WITH, SECTION

271.904 OF THE TEXAS LOCAL GOVERNMENT CODE.

IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT

DEFENSE COUNSEL TO BE RETAINED BY CONSULTANT IN FULFILLING ITS

OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS

EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A

PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION

TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF

CONSULTANT’S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CONSULTANT’S

OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. CONSULTANT

SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS

DAYS OF CITY’S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO DEFENSE

OR INDEMNIFICATION UNDER THIS AGREEMENT. IF CONSULTANT FAILS TO RETAIN

COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN

DEFENSE COUNSEL ON ITS OWN BEHALF, AND CONSULTANT SHALL BE LIABLE FOR

ALL COSTS INCURRED BY CITY. THE RIGHTS AND OBLIGATIONS CREATED BY THIS

ARTICLE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

ARTICLE 11

NOTICES

Brian A. Moen, P.E.

ARTICLE 12

MISCELLANEOUS

Complete Agreement

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

Exhibit G

Exhibit A Exhibit B Exhibit C, Exhibit D Exhibit E Exhibit F, Exhibit G

Exhibit B Exhibit C, Exhibit D Exhibit E Exhibit F Exhibit G, Exhibit A

Assignment and Subletting

Attorney’s Fees

Successors and Assigns

Savings/Severability

Governing Law; Venue

Consideration

Authority

Waiver

Headings

Multiple Counterparts

Immunity

Incorporation of Recitals

Additional Representations

Miscellaneous Drafting Provisions

No Third Party Beneficiaries

Indemnity

Appropriation of Funds

Independent Contractor

Representations

Certifications Required by Texas Law

Reference to Consultant

Reference to City

Debarment/Suspension

Restrictions on Lobbying

Signature page follows

CITY: CONSULTANT:

City of Frisco, Texas, Company Name, Inc.

APPROVED AS TO FORM

EXHIBIT A

SCOPE OF SERVICES

1. PROJECT DESCRIPTION.

City of Frisco, Texas – Professional Services Agreement Page of

2. INDIVIDUAL TASK ORDERS

Issuance of Individual Task Orders

Attachment A

Issuance of Task Orders across Project Categories

City of Frisco, Texas – Professional Services Agreement Page of

3. TERM OF AGREEMENT/RENEWAL OPTION.

4. CHANGE ORDERS AND/OR AMENDMENTS.

Exhibit A

Exhibit A

5. ATTACHMENT

Attachment A

City of Frisco, Texas – Professional Services Agreement Page of

ATTACHMENT A

TASK ORDER NUMBER 2027-0XX-XX

[PROJECT TITLE/DESCRIPTION]

THIS TASK ORDER

City of Frisco Company Name, Inc.

I. ARTICLE 1

Exhibits A and B

II. ARTICLE 2 type] Dollar Amount Specified and 00/100 Dollars ($ 0.00)

Exhibits A and B

III. ARTICLE 3

IV. ARTICLE 4

Day, Month, Year

V. ARTICLE 5

VI. ARTICLE 6

As Revised by Approved Task Orders

Revised Project Budget

City of Frisco, Texas – Professional Services Agreement Page of

VII. ARTICLE 7

Exhibits A and B

VIII. ARTICLE 8

IN WITNESS WHEREOF

CITY: CONSULTANT:

City of Frisco, Texas, Company Name, Inc.

EXHIBIT B

COMPENSATION SCHEDULE/PROJECT BILLING/PROJECT BUDGET

City of Frisco, Texas – Professional Services Agreement Page of

I. COMPENSATION SCHEDULE/PROJECT BILLING SUMMARY.

MONTH, DATE, YEAR DOLLAR AMOUNT TASK COMPLETED

DATE OF COUNCIL

APPROVAL

[Date]

January 1, 2027 through

December 31, 2027

$XXX,000.00

Consultant to perform services as authorized by City’s issuance of written Task Orders

December 31, 2029

Expiration of Agreement

GRAND TOTAL,

CONSULTANT’S FEE

(NOT-TO-EXCEED)

$XXX,000.00

II. PROJECT BUDGET SUMMARY

Basic Services

Total Basic Services (Not-to-Exceed) $_________

Grand Total, Consultant’s Fee (Not-to-Exceed) $_________

EXHIBIT C

CITY OF FRISCO

GUIDELINES FOR COMPUTER AIDED DESIGN AND DRAFTING (CADD)

EXHIBIT D

CITY OF FRISCO GUIDELINES FOR DIRECT EXPENSES; GENERAL AND

ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES

City of Frisco, Texas – Professional Services Agreement Page of

I. CONSULTANT’S RESPONSIBILITY

II. GUIDELINES FOR DIRECT EXPENSES

Local Transportation

Supplies, Material, Equipment

Commercial Reproduction

In-House Reproduction

ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES

City of Frisco, Texas – Professional Services Agreement Page of

Commercial Plotting

In-House Plotting

Communications

Postage, Mail, and Delivery Service

Meals and Other Related Charges

ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES

City of Frisco, Texas – Professional Services Agreement Page of

III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP

Requirement of Prior Approval

IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES

Requirement of Prior Approval

Adherence to Currently Adopted City Travel Policy

EXHIBIT E

CITY OF FRISCO CONTRACTOR INSURANCE GUIDELINES

City of Frisco, Texas – Professional Services Agreement Page of

I. GENERAL INSURANCE REQUIREMENTS

II. INSURANCE COMPANY QUALIFICATION

III. CERTIFICATE OF INSURANCE

INSURANCE CHECKLIST

Coverage Required Limits

EXHIBIT E

CITY OF FRISCO CONTRACTOR INSURANCE GUIDELINES

EXHIBIT F

AFFIDAVIT

EXHIBIT F

CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ