3-01 RFQ 13-10-26 Professional Services - Architectural, Engineering Surveying.pdf

REQUEST FOR QUALIFICATIONS

By order of the City Council of the City of Temple, Texas, sealed statements of qualifications will be received for:

RFQ #13-10-26

Professional Services: Architectural, Engineering & Surveying Services

Issued: February 9, 2026

Statements of qualifications will be accepted any time through February 28, 2031.

City of Temple Purchasing Department 3110 E Avenue H, Building C

Temple, TX 77501 Phone: 254-298-5655

Email: purchasing@templetx.gov E-Bidding Portal: https://templetx.bonfirehub.com https://templetx.bonfirehub.com/

REQUEST FOR QUALIFICATIONS (RFQ) CONTENTS

RFQ Timeline

Section 1 – Scope of Work

Section 2 – Submittal Requirements

Section 3 – Evaluation & Award

Section 4 – Administrative Requirements

Section 5 – Required Forms

Form 5.1. Firm Information Form Form 5.2. Conflict of Interest Questionnaire

Section 6 – Attachments

Attachment 6.1. Sample Agreement - Contract Agreement for Professional Services

RFQ TIMELINE

Date Event February 9, 2026 Release of RFQ

Statements of qualifications will be accepted any time through February 28, 2031.

March 1, 2026 – February 28, 2031 Pre-Qualification Period

The City will make every effort to adhere to the schedule above. However, the City reserves the right, at its sole discretion, to adjust the RFQ Timeline as deemed necessary.

SECTION 1 – SCOPE OF WORK

1.1. GENERAL

a. The City of Temple (City) seeks to pre-qualify architectural and engineering (A/E) as well as surveying firms licensed to practice in the State of Texas to provide professional services on an as-needed basis for a five-year period from March 1, 2026 through February 28, 2031.

b. Firms that demonstrate through their statement of qualifications and interview, if required, the ability meet the City's needs will be placed on a pre-qualified firms list.

When professional services are required, the City will select a firm from this list. The City reserves the right to issue a project-specific request for qualifications (RFQ) when the size, complexity, or scope of a project warrants such action, as determined solely by the City. Placement on the pre-qualified list does not guarantee selection or award of any project.

c. The City may conduct interviews with responding firms either:

1) Prior to placement on the pre-qualified list; and/or

2) Prior to selection from the pre-qualified list for a specific project.

d. In accordance with Texas Government Code, Chapter 2254, selection of a professional firm for a specific project will be based on demonstrated competence and qualifications to perform the required services at a fair and reasonable price.

Project-specific selection criteria may include, but are not limited to, relevant project experience, past performance with the City, reputation with other public entities, availability of qualified staff, and responsiveness to project needs.

e. For firms selected from the pre-qualified list, the Contract Agreement for Professional Services (Attachment 6.1.) will serve as the basis for all contract negotiations. Compensation will be structured as a lump sum fee, with payments distributed over the duration of the project based on percentage of work completed or completion of defined tasks. Any additional services approved will also be compensated on a lump-sum basis. By submitting qualifications, firms affirm their ability to comply with all terms and conditions of the Contract Agreement, including the execution thereof.

f. By submitting qualifications, firms further affirm their ability to comply with the insurance requirements outlined in Article 15 of the Contract Agreement for Professional Services (Attachment 6.1.).

g. The City will maintain the list of pre-qualified firms on the City of Temple’s Purchasing Department website:

https://www.templetx.gov/departments/city_departments/purchasing/index.php.

1.2. SUB-CONSULTANTS

a. Sub-consultants proposed by a lead A/E firm are required to submit Statements of

Qualifications in response to this RFQ and must be pre-qualified prior to inclusion in any project-specific proposal. Lead A/E firms shall identify all proposed sub-consultants in the project proposals. This requirement applies to all design professional disciplines identified on the Firm Information Sheet (Form 5.1.).

b. Firms are encouraged to notify and coordinate with sub-consultants they routinely use regarding the availability of and requirements for this RFQ.

https://www.templetx.gov/departments/city_departments/purchasing/index.php

SECTION 2 – SUBMITTAL REQUIREMENTS

2.1. INFORMATION REQUESTED FROM RESPONDENTS

Each statement of qualifications shall include all required information and be submitted in the order outlined below. Submittals should be clear, concise, and complete, providing sufficient detail to allow the City to conduct a thorough evaluation. Firms are encouraged to prepare their submissions simply and economically. Incomplete submittals may be rejected at the discretion of the evaluation committee.

All materials submitted as part of a Statement of Qualifications may be incorporated in a subsequent contract between the City and selected firm.

Any information the respondent considers confidential shall be clearly marked as such.

If such information is requested under the Texas Public Information Act (Texas Government Code, Chapter 552), the City will notify the respondent, allowing the firm the opportunity to request an exception to disclosure from the Texas Attorney General.

The following documents and information are required:

a. Required Form: Firm Information Form (Form 5.1.)

b. Required Form (if applicable): Conflict of Interest Questionnaire (Form 5.2.)

Submit only if required per Section 4 - Administrative Requirements, Paragraph 4.2.

c. Qualifications Statement

Statement of Qualifications shall include the following:

1. Brief history of the firm, including parent company information, if applicable.

2. List of office locations and identification of the office(s) that will provide services to the City.

3. List of personnel who may perform work for the City, including summaries of their licenses, qualifications, and relevant experience.

4. Representative list of projects demonstrating the firm’s capabilities and areas of specialization indicated on Form 5.1. - Firm Information Form, including a brief description of services provided and the firm’s role (prime or sub-consultant).

5. A minimum of five (5) professional references familiar with the firm’s ability to perform the requested services, including contact names, email addresses, phone numbers, and a brief description of services provided.

2.2. ELECTRONIC SUBMISSION

a. Access the Euna Procurement (formerly known as Bonfire) e-bidding portal at https://templetx.bonfirehub.com. The City will use Euna Procurement for communicating all RFQ documents, receive any questions or inquiries, issue any associated addenda, and post award notices.

b. Respondents can contact Euna Procurement at support.bonfire@eunasolutions.com for technical questions related to the e-bidding portal. Submissions shall be prepared in the file formats listed under ‘Requested Information’ for this opportunity in Euna Procurement.

c. Minimum system requirements include Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. Javascript and browser cookies must be enabled. The maximum https://templetx.bonfirehub.com/ mailto:support.bonfire@eunasolutions.com upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

2.3. PAPER SUBMISSION

a. If a submission is delivered via hardcopy, the envelope or package containing the completed submission should be marked legibly on the outside with the submitter’s name and address along with the RFQ project number and title.

b. The Respondent shall sign and date the submission where provided within the RFQ.

The person signing the submission shall have the authority to bind the firm in a contract. Submissions which are not signed and dated in this manner may be rejected.

c. All paper submissions received in the Purchasing Department will be date and time stamped when received and will be considered the official time of receipt.

2.4. UPDATING AND REVISING SUBMISSION

a. At times, a Respondent that has been pre-qualified may require revisions to a submission. Common updates may include firm name changes, mergers, change in staff, change in experience, etc. The City will accept updated submissions.

b. Submissions may be amended by the Respondent directly in Euna Procurement or by delivering a new paper submission in accordance with Sections 2.2. or 2.3.

above.

2.5. REQUESTS FOR ADDITIONAL INFORMATION

a. Requests for additional information shall be in writing and submitted through the

Euna Procurement portal using the ‘Vendor Discussions’ or ‘Ask a Question’ features. Alternatively, requests can be emailed to purchasing@templetx.gov.

b. Any interpretations, corrections, or changes to this RFQ will be made by addenda.

All written/published addenda shall become part of this RFQ and shall be acknowledged by the Respondent in its qualifications statement. All other communications are unofficial and non-binding. Addenda will be released in the Euna Procurement portal in the ‘Supporting Documentation’ section. It is the sole responsibility of the Respondent to verify issuance of addenda and to ensure receipt thereof.

mailto:purchasing@templetx.gov.

SECTION 3 – EVALUATION & AWARD

3.1. ELIGIBILITY FOR AWARD

a. Responsive Submission

Qualifications statements shall be deemed responsive if they comply with all material and administrative aspects of this solicitation.

b. Responsible Vendor A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the services listed herein.

Responsible Respondents must, at a minimum, meet the following requirements:

• Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting contract prior to the beginning of work;

• Be able to comply with the required performance schedule, taking into consideration all existing business commitments;

• Have a satisfactory record, as determined by the City, of past performance;

• Have necessary personnel, management, and technical capacity and capability to perform any resulting contract requirements;

• Be qualified as an established firm that is regularly engaged in the type of business necessary to fulfill the contract requirements;

• In accordance with all applicable industry standards, hold any necessary license, certification, or permit required for conducting the business of the vendor and as contemplated by this RFQ;

• Have experience in competently performing similar contracts to those contemplated by this RFQ;

• Certify that the firm is not delinquent in any tax owed the State of Texas under Chapter 171, Tax Code; and is not delinquent in taxes owed to the City;

signing and submitting the qualifications statement is so certifying to such non-delinquency; and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

c. A firm is not eligible to be considered for award of this solicitation, or any resulting contract, or to be a subcontractor of the Respondent or prime contractor if an employee of the firm assisted in the development of this solicitation or any part of this solicitation or if the person participated in a project related to this solicitation when such participation would give the person special knowledge that would give that firm an unfair advantage over other Respondents.

d. As required by Texas Government Code §2252.903, Respondent certifies that its

Texas franchise tax payments are current, or that it is exempt from, or not subject to, such tax.

3.2. EVALUATION CRITERIA AND SELECTION

a. Statements of qualifications will be reviewed for adequate experience and qualifications.

b. Fee negotiations will not occur until the most highly qualified firm is selected from the pre-qualified list of A/E firms.

c. The City will select the most highly qualified A/E firm from the pre-qualified list based on demonstrated competence and qualifications and then may attempt to negotiate a contract with that Respondent at a fair and reasonable price. If a satisfactory contract cannot be negotiated with the most highly qualified Respondent, the City will formally end negotiations with that Respondent, select the next most highly qualified Respondent and attempt to negotiate a contract with that Respondent at a fair and reasonable price. The City will continue this process until a contract is executed.

e. The City reserves the right to reject any and all qualifications statements submitted and to waive any informalities in qualifications statements received. The City also reserves the right to request additional information from Respondents. The award will be made to the firm which, in the opinion of the City, is the best qualified to assist the City in accomplishing its objectives.

f. The City shall not be liable to any Respondent for costs associated with responding to this RFQ, for the Respondent’s participation in any oral interview, or any costs associated with negotiations.

SECTION 4 – ADMINISTRATIVE REQUIREMENTS

4.1. SUBMISSIONS

a. The City reserves the right to reject any or all qualifications statements as it shall deem to be in the best interests of the City. Receipt of any qualifications statement shall under no circumstances obligate the City to award any contract. The award of contracts shall be made in accordance with Texas Government Code, Chapter 2254.

b. The City reserves the right to select one or more Respondents and/or award one or more contracts based on the best value, as determined by the City, of the overall response(s) submitted to the City, with due consideration given to demonstrated competence, knowledge, and qualifications to perform the services and/or provide the products set forth in this RFQ, and the reasonableness proposed fee. The decision to make multiple awards, award only one contract, or to make no award rests solely with the City. The City further reserves the right to negotiate separately in any manner necessary to serve the best interests of the City. The City further reserves the right to accept, reject, or negotiate modifications in any terms of a Respondent’s submission, including a Respondent’s form contract, or any parts thereof.

c. All qualifications statements meeting the intent of this RFQ will be considered for the pre-qualified list. Respondents taking exception to the specifications, terms and conditions, sample contract document, or offering substitutions shall state these exceptions by attachment as part of the qualifications statement. The absence of such a list shall indicate that the Respondent has not taken exceptions and the City shall hold the Respondent responsible to perform in strict accordance with the terms of this RFQ. The City reserves the right to accept any, all, or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.

d. Qualifications statements must comply with all applicable federal, state, county, and local laws concerning these types of services.

e. The apparent silence of these specifications as to any detail or to the apparent omission 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.

f. The City is exempt by law from payment of Texas Sales Tax and Federal Excise Tax.

4.2. CONFLICT OF INTEREST

a. Texas Local Government Code §176.006 requires a vendor of the City to file a completed Conflict of Interest Questionnaire (CIQ) form if the vendor has a business relationship with the City and:

1. has an employment or other business relationship with a City local government officer or a family member of the City local government officer that results in that person receiving taxable income, other than investment income, that is more than $2,500 in the preceding twelve months;

2. has given a City local government officer or an officer’s family member, one or more gifts totaling more than $100 in the preceding twelve months, excluding a political contribution as defined by Title 15 of the Election Code or food accepted as a guest; or

3. has a family relationship with a City local government officer.

b. A vendor is required to file a CIQ form with the City Secretary’s office not later than the seventh (7th) business day after the later of the following:

1. the date the vendor begins discussions or negotiations to enter into a contract with the City or submits an application or response to a solicitation; or

2. the date the vendor becomes aware of any business relationship as outlined in the preceding paragraph.

c. “Local Government Officer” means:

1. a member of the governing body (i.e., mayor or council member);

2. a director, superintendent, administrator, or other person designated as an executive officer of the City; or

3. an agent of the City who exercises discretion in the planning, recommending, selecting, or contracting of a vendor.

d. State law requires that a vendor file an updated CIQ form with the City Secretary’s office not later than the seventh (7th) business day after the date on which the vendor becomes aware of an event that would make a statement in the questionnaire incomplete or inaccurate.

e. The CIQ form is attached to this RFQ and can be downloaded from the City‘s website www.templetx.gov under the Departments tab, then Purchasing > Bids > Conflict of Interest Form. Compliance with this law is the responsibility of each Respondent.

4.3. DISCLOSURE OF INTERESTED PARTIES

The City is required to comply with Texas Government Code §2252.908 Disclosure of Interested Parties for contracts that:

a. require an action or vote by the City Council before the resulting contract can be signed;

b. have a value of at least $1 million; or

c. require registration as a lobbyist under Texas Government Code Chapter 305.

If the resulting contract, if any, meets one of the criteria above, a Certificate of Interested Parties (Form 1295) will be required before the contract is executed. See the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/1295/.

4.4. APPROPRIATED FUNDS

The purchase of services or products arising from this solicitation is contingent upon the availability of appropriated funds. The City shall have the right to cancel the resulting contract or any part of the contract at the end of each fiscal year during the term of the contract if funds are not allocated to continue the contract, or any part of the contract, for the next fiscal year. If funds are withdrawn, or do not become available, the City reserves the right to cancel the contract by giving the contractor thirty (30) days written notice of its intention to cancel without penalty. Upon cancellation of the contract, the City shall not be responsible for any payment of any service that was performed, or product received, after the effective date of termination. The City’s fiscal year begins on October 1 and ends on September 31.

4.5. INDEMNITY

The City is legally prohibited from indemnifying any other party in any agreement awarded under this RFQ. The resulting contract, if any, shall contain no provision requiring the City to indemnify the respondent or any third party.

http://www.templetx.gov/ http://www.ethics.state.tx.us/filinginfo/1295/

4.6. COMPLIANCE WITH ANTITRUST LAWS

By submitting a qualifications statement, the Respondent’s Signatory affirms under penalty of perjury of the laws of the State of Texas (Texas Government Code §2155.005) that:

a. Signatory is duly authorized to execute a contract resulting from this solicitation on their own behalf or on behalf of the company, corporation, firm, partnership or individual respondent;

b. In connection with this qualifications statement, neither Signatory nor any representatives of the company have violated any provision of the Texas Antitrust laws codified in Texas Business and Commerce Code Chapter 15;

c. In connection with this qualifications statement, neither Signatory nor any representative of the company have violated any federal antitrust law; and

d. Neither Signtory nor any representatives of the company have directly or indirectly communicated any of the contents of this qualifications statement 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.

SECTION 5 – REQUIRED FORMS

FORM 5.1. - FIRM INFORMATION FORM

1. Company Information

Firm Name: ____________________________________________________________

Business Address: ______________________________________________________

Remit-to Address, if different: ______________________________________________

Tax Identification Number: _________________________________________________

Contact Person: ________________________________________________________

Phone: _______________________________________________________________

Email: ________________________________________________________________

2. Authorized Personnel

State your firm’s personnel authorized to give representations regarding your qualifications statement or resulting contract, if any:

Name Phone Number Email Address

3. Agreement

The successful Respondent shall be able to execute the attached Contract Agreement for Professional Services (Attachment 6.1.) and be able to comply with the insurance requirements as stated within the contract. Please confirm your ability to execute this Agreement.

____________ (initial to confirm)

4. Exceptions Taken by Respondent State exceptions taken of terms in this RFQ, if any.

5. Design Areas

Each firm’s Statement of Qualifications must clearly demonstrate relevant experience in the specific design areas for which consideration is requested. Please ensure your submission includes examples of past projects, scope of work, and outcomes related to the selected areas below.

Your firm has relevant experience and requests to be considered for design work in the following areas (check all that apply):

6. Authorization

Authorized Signature: ____________________________________________________

Print Name: ____________________________________________________________

Title: ___________________________________ Date: _______________________

Building/Facility Architecture

Landscape Architecture

Civil

Drainage

Environmental

Geotechnical

Mechanical, Electrical and Plumbing (MEP)

Structural

Surveying

Traffic Control & Analysis

Transportation Infrastructure (streets, sidewalks, rail, etc.)

Water and Wastewater Utilities Distribution and Collection

Water Treatment Plants and Pump Stations

Wastewater Treatment Plants and Lift Stations

Other (state below):

FORM 5.2. - CONFLICT OF INTEREST QUESTIONNAIRE

See Section 4.2. Conflict of Interest, for information regarding when it is necessary to complete and submit this form.

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

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

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 8/14/2024

Name of signatory

Revised 8/14/2024Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

SECTION 6 – ATTACHMENTS

ATTACHMENT 6.1. SAMPLE AGREEMENT

CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES

STATE OF TEXAS § PROJECT: DESCRIPTION

COUNTY OF BELL §

Date: _________________

This is an agreement by and between the City of Temple, Texas, a Texas home-rule City (hereinafter called CITY), acting through its duly authorized agent, Brynn Myers, City Manager, and ______________ (hereinafter called ARCHITECT).

WHEREAS, the CITY desires to obtain professional design services related to ___________, hereinafter called the PROJECT; and

WHEREAS, the ARCHITECT is qualified and capable of performing the professional design services proposed herein, is acceptable to the CITY, and is willing to enter into an Agreement with the CITY to perform such services.

NOW, THEREFORE, BE IT RESOLVED, that the parties do mutually agree as follows:

ARTICLE 1

SERVICES TO BE PROVIDED

1.1 The CITY agrees to retain the ARCHITECT, and the ARCHITECT agrees to perform professional design services for the PROJECT as an independent contractor and professional architect as set forth in the sections following; and the CITY agrees to pay, and the ARCHITECT agrees to accept fees as specified in the sections following as full and final compensation for the work accomplished.

ARTICLE 2

BASIC SERVICES

2.1. Upon receipt of the City’s written authorization to proceed, the ARCHITECT will render services necessary for the PROJECT as outlined in ARCHITECT’S Proposal dated __________ and Scope of Work, attached hereto as Attachment A and incorporated herein for all purposes. In the event of a conflict between the terms and conditions of this Agreement and the Attachment, the term or condition most favorable to the City, in the City’s sole discretion, shall control.

2.2. After approval of final design, ARCHITECT will furnish CITY with digital copies of plans and technical specifications, and other contract documents such as special conditions for the PROJECT prepared by ARCHITECT to supplement standard contract documents used by CITY and approved by the City Attorney's Office.

ARTICLE 3

ADDITIONAL SERVICES

3.1 The outline of the scope of work set forth in Article 2 will be considered sufficient to perform the work. The design services set forth hereinafter as Additional Services are not included as part of the services to be provided by the ARCHITECT under Article 2. It is recognized that the elements of such design work cannot be accurately predetermined or controlled entirely by the ARCHITECT. Therefore, such design work will be performed as Additional Services.

3.2 The ARCHITECT will furnish Additional Services only when agreed between CITY and ARCHITECT in writing and only after such Additional Services have been approved by the CITY and additional funds have been authorized by the City Council.

3.3 Such services may include:

3.3.1 Appearing before State and other regulatory agencies.

3.3.2 Preparing to serve or serving as an expert witness on behalf of the CITY in connection with any public hearing, arbitration or legal proceeding.

3.3.3 Revising contract drawings, specifications, or other documents which have been previously approved by CITY to accomplish changes not initiated by the ARCHITECT which would require substantial change in basic design.

ARTICLE 4

COMPENSATION

4.1 DEFINITION OF TERMS

4.1.1. Hourly Rates. Hourly rates is defined as the cost of salaries of engineers, technicians, drafters, stenographers, surveymen, clerks, laborers, etc., including social security contributions, unemployment excise and payroll taxes, employment compensation insurance, medical and other insurance benefits, sick leave, vacation, holiday pay, contributions to a pension or retirement plan for time directly chargeable to the PROJECT.

4.1.2. Direct Non-Labor Expenses. Direct non-labor expenses is defined as all non-labor expenses incurred by the ARCHITECT which are directly chargeable to the PROJECT, which in general include expenses for supplies, transportation, equipment, travel, communications, subsistence and lodging away from home, field office expenses, reproductions, and similar incidentals.

4.2 PAYMENT FOR BASIC SERVICES

4.2.1 Based on applications for payment submitted by the ARCHITECT and approved by the CITY, the CITY will make progress payments as scheduled hereafter for basic services.

4.2.2. For basic services, ARCHITECT will be paid an amount not to exceed ____________.

Partial payments will be made monthly upon presentation of statements to CITY.

4.2.3 In no event will the ARCHITECT ever be paid more than the total amount of services performed at the date that the ARCHITECT is notified that the CITY does not wish to proceed with the PROJECT, or otherwise terminates this agreement in accordance with the termination clause contained in Article 9.

4.2.4. ARCHITECT agrees and certifies in accordance with the Texas Professional Services Procurement Act that the professional fees charged under this contract may not exceed any maximum provided by law.

4.2.4. ARCHITECT will allow CITY or its representative to perform audits, if necessary, to verify the hours worked and the expenses incurred contained in applications for payment.

4.3 PAYMENT FOR ADDITIONAL SERVICES

4.3.1 Payment for additional services will be computed on the basis of hourly rates plus direct non-labor expenses.

4.3.2 Payment for Additional Services will be made monthly, based upon presentation of invoices, statements, and billings to the CITY sufficient to show the work accomplished. Under no conditions will any additional services be paid for until the ARCHITECT has received written authorization from the CITY for such work.

ARTICLE 5

SERVICES BY THE CITY

5.1 In general, the CITY through its contract administrator will render services as follows:

5.1.1 Provide available criteria and full information as to the CITY'S requirements for the

PROJECT.

5.1.2 Assist the ARCHITECT by placing at his disposal all available written data pertinent to previous operations, reports, and any other data affecting the consulting services for the PROJECT.

5.1.3. Acquire all land and rights-of-way required for the PROJECT and any related off-site work, including rights of ingress and egress on private property.

5.1.4 Respond promptly in writing to requests by the ARCHITECT for authorization to proceed with specific activities deemed desirable.

5.1.5 Examine documents submitted by the ARCHITECT and render decisions pertaining thereto, promptly, to avoid unreasonable delay in the progress of the ARCHITECT'S services.

5.1.6 Furnish required information as expeditiously as necessary for the orderly progress of the work.

5.2 The ARCHITECT will be entitled to rely upon the CITY'S administrator regarding decisions made by CITY; further, all notices or information will be deemed made when conveyed in writing to the administrator.

5.3 The services, information, and reports required above will be furnished at the CITY'S expense.

ARTICLE 6

PROJECT DOCUMENTS

6.1. All documents including, but not limited to, tracings, drawings, estimates, specifications, investigations, and studies completed or partially completed will be the property of the CITY.

6.2. ARCHITECT, its subcontractors, agents and employees will be liable to CITY for any loss or damage to any such documents while they are in the possession of, or while being worked upon by the ARCHITECT or anyone connected with him. All documents so lost or damaged will be replaced or restored by ARCHITECT without cost to the CITY.

ARTICLE 7

NOTICE TO PROCEED; SCHEDULING OF WORK

7.1 It is understood and agreed that the ARCHITECT will work as an independent contractor but the CITY will have ultimate control of the services to be rendered, and that no work will be done under this Agreement until the ARCHITECT is instructed in writing to proceed with the work, and shall complete the work within ____ days from Notice to Proceed.

ARTICLE 8

ASSIGNMENT

8.1 The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this contract. Neither party will assign, sublet nor transfer any interest in this contract without the written authorization of the other.

ARTICLE 9

TERMINATION

9.1 In connection with the work outlined in this contract, it is agreed and fully understood by the ARCHITECT that the CITY may cancel or indefinitely suspend further work hereunder or terminate this contract upon fifteen (15) days written notice to the ARCHITECT with the understanding that immediately upon receipt of said notice all work and labor being performed under this contract will cease. Before the end of such fifteen (15) day period ARCHITECT will invoice CITY for all work satisfactorily completed and will be compensated in accordance with the terms of this Agreement. All work related to the PROJECT will become the property of the CITY upon termination of this Agreement.

9.2 Nothing contained in paragraph 9.1 above will require the CITY to pay for any work which is unsatisfactory as determined by the Contract Administrator or which is not submitted in compliance with the terms of the Agreement. The CITY will not be required to make any payments to the ARCHITECT when the ARCHITECT is in default under this Agreement, nor will this article constitute a waiver of any rights, at law or at equity, which the CITY may have if the ARCHITECT is in default, including the right to bring legal action for damages or to force specific performance of this contract.

9.3 ARCHITECT understands and agrees that time is of the essence and that any failure of the ARCHITECT to complete his services within the time limit established herein will constitute a material breach of this Agreement. The ARCHITECT will be fully responsible for any delays or for failures to use his best efforts in developing contractual documents in accordance with the terms of this Agreement. Where damage is caused to the CITY due to the ARCHITECT'S failure to perform in this manner, the CITY may withhold all or any portion of the ARCHITECT'S payments hereunder without waiver of any of the CITY'S additional legal rights or remedies.

9.4 The ARCHITECT will have the right to terminate this Agreement, on fifteen (15) days written notice to the CITY should the CITY fail to satisfactorily perform its obligation herein. In the event of termination, the ARCHITECT will be paid for all services rendered to date of termination. Nothing contained herein will constitute a waiver of ARCHITECT'S right to bring a suit for damages or to enforce specific performances of this Agreement under these circumstances.

In the event of termination hereunder, ARCHITECT will invoice CITY for all work satisfactorily completed up to the date of this notice of termination and will be compensated in accordance with the terms of Agreement.

9.5 Notwithstanding anything contained herein to the contrary, the CITY will have the right to withdraw from this Agreement on the last day of CITY'S current fiscal year in the event of non-appropriation of funds by its governing body.

ARTICLE 10

VENUE

10.1 Venue and jurisdiction of any suit or right or cause of action arising under or in connection with this Agreement will be exclusively in Bell County, Texas, and any court of competent jurisdiction will interpret this Agreement in accordance with the laws of the State of Texas. The prevailing party in an action brought under or concerning this Agreement may recover costs of court, attorney’s fees, and expert witnesses’ and consultants’ fees.

ARTICLE 11

CONTRACT AGREEMENT

11.1 This instrument represents the entire understanding between the CITY and the ARCHITECT in respect to the PROJECT and may only be modified in writing signed by both parties.

ARTICLE 12

UNLAWFUL PROVISIONS DEEMED STRICKEN

12.1 If this Agreement contains any unlawful provisions not an essential part of the Agreement, and which shall do not appear to have been a controlling or material inducement to the making thereof, such unlawful provisions shall be of no effect. Upon the application of either party or the ruling of a court of competent jurisdiction, the unlawful provision shall be considered stricken from the Agreement without affecting the remainder of the Agreement.

ARTICLE 13

RESPONSIBILITIES FOR CLAIMS AND LIABILITIES

13.1 Approval by the CITY will not constitute nor be deemed a release of the responsibility and liability of the ARCHITECT, his employees, subcontractors, agents and consultants for the accuracy and competency of their work, nor will such approval be deemed to be an assumption of such responsibility by the CITY for any defect in work prepared by the ARCHITECT, his employees, subcontractors, agents and consultants.

ARTICLE 14

STANDARD OF CARE

14.1 Services performed under this agreement shall be by a licensed ARCHITECT and shall be executed with the professional skill and care ordinarily provided by competent architects practicing in the same or similar locality under the same or similar circumstances and professional license and shall be performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent architect.

ARTICLE 15

INDEMNIFICATION

15.1 THE ARCHITECT WILL INDEMNIFY, DEFEND, AND HOLD THE CITY AND ALL

OF ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS FROM ANY

LOSS, DAMAGE, LIABILITY OR EXPENSE, INCLUDING COSTS OF COURT,

REASONABLE ATTORNEYS' FEES, EXPERT WITNESSES’ AND ARCHITECTS’ FEES,

ON ACCOUNT OF DAMAGE TO PROPERTY AND/OR INJURIES, INCLUDING DEATH, TO

ALL PERSONS, DUE TO ANY ACT OF NEGLIGENCE, INTENTIONAL TORT,

INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF ANY OBLIGATION UNDER

THIS AGREEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER UNDER

THIS AGREEMENT, CAUSED BY ARCHITECT OR ITS OFFICERS, AGENTS,

EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES, OR OTHER PERSONS

ACTIONS FOR WHOM ARCHITECT IS LIABLE, AND SHALL PAY ALL EXPENSES AND

SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST

THEM, OR ANY OF THEM IN CONNECTION WITH THIS AGREEMENT.

15.2 THE INDEMNITY OBLIGATIONS HEREIN SHALL SURVIVE THE TERMINATION

OF THE CONTRACT FOR ANY REASON AND SHALL SURVIVE THE COMPLETION OF

THE WORK.

ARTICLE 16

INSURANCE

16.1 The ARCHITECT will maintain at all times professional liability or errors and omissions insurance covering any claim hereunder occasioned by ARCHITECT’s negligent act, or error or omission in an amount of not less than $250,000 per person or claim and $500,000 per occurrence or annual aggregate. ARCHITECT agrees to maintain professional liability insurance during the term of this agreement and, if the policy is on a claims made basis, for a period of not less than five

(5) years after the Project is complete and provide proof of such continuing coverage.

ARCHITECT further agrees to provide proof of coverage as needed for prior acts back to the date of execution of this agreement if ARCHITECT changes insurance carriers during this extended indemnity period.

16.2 ARCHITECT will further maintain general commercial liability coverage with minimum limits for damages resulting from bodily injury or death of $250,000 per person and $500,000 per occurrence, and $100,000 per occurrence for property damage, or a combined single limit of $500,000.

16.3 ARCHITECT further agrees that with respect to the above required liability insurances, the CITY will:

1. Be named as additional insured for general liability insurance.

2. Be provided with a waiver of subrogation, in favor of CITY.

3. Be provided with 30 days advance written notice of cancellation, nonrenewal, or reduction in coverage (all ‘endeavor to’ and similar language of reservation stricken from cancellation section of certificate).

4. Prior to execution of this Agreement, be provided with either their original Certificate of Insurance or insurance policy evidencing the above limits and requirements, subject to approval by the City Attorney’s Office.

16.4 The insurance requirements set out in this section are independent from all other obligations of ARCHITECT under this Agreement and apply whether or not required by any other provision of this Agreement.

ARTICLE 17

COMPLIANCE WITH LAWS

17.1 The ARCHITECT, his consultants, agents and employees and subcontractors, will comply with all applicable Federal and State laws, the Charter and Code or Ordinance of the City of Temple, and all other applicable rules and regulations promoted by all local, State and National boards, bureaus and agencies.

ARTICLE 18

ARCHITECT’S CERTIFICATION

18.1 ARCHITECT certifies that neither it, nor any of its agents or employees, have or will offer or accept gifts or anything of value, or enter into any business arrangement, with any employee, official, or agent of the City.

18.2 ARCHITECT certifies, pursuant to Texas Government Code Chapter 2271, that it does not boycott Israel and will not boycott Israel during the term of this Agreement. ARCHITECT further certifies, pursuant to Texas Government Code Chapter 2252, Subchapter F, that it does not engage in business with Iran, Sudan, or a foreign terrorist organization as may be designated by the United States Secretary of State pursuant to his authorization in 8 U.S.C. Section 1189.

ARTICLE 19

NOTICES

19.1 This contract will be administered on the CITY'S behalf by ______________. All notices, documentation, or questions arising under this Agreement should be addressed to the CITY's contract administrator at:

City of Temple, Texas

All written notices from CITY to ARCHITECT will be addressed to the ARCHITECT as follows:

ARTICLE 20

CAPTIONS

21.1 The captions of this Agreement are for information purposes only and will not in any way affect the substantive terms and conditions of this Agreement.

ARTICLE 21

EXECUTION OF AGREEMENT

22.1 The execution of this Agreement shall proceed as follows: signature of the ARCHITECT (and the Corporate Secretary and seal, if applicable) shall be affixed hereto, whereupon the Agreement shall be submitted to the City Attorney's Office for review and approval. After such approval, the Agreement shall then be signed by the City Manager. An executed original of this Agreement shall be kept on file in the City Secretary's Office.

IN WITNESS WHEREOF, the City of Temple, Texas has caused these presents to be executed by its City Manager and attested by its City Secretary and executed by _______________.

THE CITY OF TEMPLE, TEXAS ARCHITECT

Brynn Myers, City Manager By: Name, Title

ATTEST: APPROVED AS TO FORM:

City Secretary City Attorney’s Office