Glenn Heights 2M Elevated Storage Tank RFQ 2026-04 - Engineering Services_1.pdf

REQUEST FOR QUALIFICATIONS

FOR CIVIL ENGINEERING,

SURVEYING AND RELATED

SERVICES FOR CONSTRUCTION

OF A TWO-MILLION-GALLON

ELEVATED STORAGE TANK

PROJECT

CITY OF GLENN HEIGHTS

ANDREW WAITS, DIRECTOR OF PUBLIC WORKS

Table of Contents Schedule of Events I. Advertisement II. Purpose of the RFQ III. Selection Process IV. Evaluation Criteria V. Additional Instructions, Notifications, And Information VI. Submittal Instructions VII. Content of Submittal Appendix "A" Appendix "B" Appendix "C" Contract Rider

City of Glenn Heights

RFQ 2026-04 FOR CIVIL ENGINEERING,

SURVEYING AND RELATED SERVICES FOR

CONSTRUCTION OF A TWO-MILLION-

GALLON ELEVATED STORAGE TANK

PROJECT

Issued Date: Thursday, August 27, 2026 Issued By: City of Glenn Heights

1938-C S. Hampton Road Glenn Heights, Texas 75154

Schedule of Events

Event Date Time RFP Issued Thursday, August 27, 2026 Open of

Business Pre-submittal Online Meeting Wednesday, September 9, 2026 2:00 p.m.

Deadline to Submit Questions Friday, September 11, 2026 5:00 p.m.

Deadline to Respond to Questions Monday, September 14, 2026 5:00 p.m.

RFP Due Tuesday, September 22, 2026 2:00 p.m.

Evaluation Committee Meets Thursday, September 24, 2026 2:00 p.m.

Contract Awarded by Council Tuesday, October 20, 2026 7:00 p.m.

I. Advertisement Notice is hereby given that the City of Glenn Heights, Texas will receive Statements of Qualifications in the office of the Finance Director, 1938-C, S. Hampton Road, Glenn Heights, TX 75154 until 2:00 p.m. on September 22, 2026, for the following:

REQUEST FOR QUALIFICATIONS FOR CIVIL ENGINEERING, SURVEYING, AND RELATED

SERVICES FOR CONSTRUCTION OF TWO-MILLION-GALLON ELEVATED STORAGE TANK

PROJECT

The City of Glenn Heights PREFERS sealed responses to be submitted electronically via CivCast (www.civcast.com). The City will also accept sealed responses in paper copy. Paper responses must be delivered to the office of the Finance Director, City of Glenn Heights, 1938-C, S. Hampton Road, Glenn Heights, TX 75154 and must be clearly marked: “RFA 2026-04; Civil Engineering, Surveying, and Related Services for Construction of a Two-Million-Gallon Elevated Storage Tank Project.”

Request for Qualification documents may be obtained via the Internet by contacting the City of Glenn Heights Purchasing Department web page at https://glennheightstx.gov/Bids.aspx, via CivCast at www.civcast.com, or by contacting the Director of Finance at 1938 S. Hampton Rd, Bldg.

C, Glenn Heights, TX 75154 (972) 223-1690, extension 130. Sealed envelopes shall be marked “RFA 2026-04; Civil Engineering, Surveying, and Related Services for Construction of a Two- Million-Gallon Elevated Storage Tank Project - DO NOT OPEN UNTIL 2:00 PM ON TUESDAY, SEPTEMBER 22, 2026.”

Statements of Qualifications may be either mailed or hand delivered to the Finance Director’s Office, 1938 S. Hampton Rd., Bldg. C, Glenn Heights, TX 75154. Any Statements of Qualifications received after the above stated time will be returned to the respondent unopened.

There will be a pre-bid conference via teleconference call on TEAMs at 2:00 PM, Wednesday, September 9, 2026. Teleconference information will be provided on www.civcastusa.com.

Attendance is not mandatory.

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Meeting ID: 217 365 554 489 260

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The City reserves the right to accept or reject any or all responses and to waive any informalities, defects, or minor irregularities when deemed to be in the best interest of the City. The City reserves the right to reject any and all responses which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any responses in whole or in part with or without cause;

and accept the responses which best serves the City.

Notice of award of contract shall be given by the Owner within sixty (60) calendar days following the opening of responses. The successful Respondent must qualify within two (2) working days after bid opening, by submitting such additional evidence as may be required by the City. The awarded Respondent must furnish Certificates of Insurance that meet the City requirements within ten (10) days of award. Should the Respondent fail to produce evidence satisfactory to the City on any of the foregoing points, the Respondent may be disqualified, and the work awarded to the next responsible Respondent so qualifying.

CAUTION: It is the Respondent’s responsibility to ensure that responses are received in the Finance Director’s Office prior to the date and time specified above. Receipt of a response in any other City office does not satisfy this requirement.

Sherry Roberts

Finance Director

City of Glenn Heights, Texas https://teams.microsoft.com/meet/217365554489260?p=L9twGbhXTQsAURFzfs https://www.microsoft.com/en-us/microsoft-teams/download-app#download-for-desktop https://www.microsoft.com/en-us/microsoft-teams/download-app#download-for-desktop

II. Purpose of the RFQ The City of Glenn Heights, Texas (the “City”) is seeking to enter into an engineering services contract with a state-registered engineering firm to provide assistance, with possible grant funding, through the U.S. Department of Housing & Urban Development (HUD). Interested firms may submit RFP/SOQ according to the following criteria. The City of Glenn Heights reserves the right to accept or reject any or all proposals for any reason deemed to be in the best interest of the City.

A. Scope of Work - The engineering contract will encompass all project-related professional services for the City, including but not limited to the following:

• Construction design plans and specifications of elevated storage tank, mechanical and electrical components. (Include Surveying, Geotechnical investigation and Subsurface utility investigation.)

• Preparation of the bid packet and construction documents.

• Construction phase engineering and inspections (Project Management)

• Construction phase engineering and inspections (interim and final)

• Update City’s Current Water distribution model upon completion of the tank.

B. Statement of Qualifications - The City is seeking to contract with a competent engineering firm, registered to practice in the State of Texas, which has had experience in the following areas:

• Experience with water supply projects

• Experience with Federally funded construction projects (More specifically HUD)

• Projects located in this region of the state

• Projects incorporating design and construction of water distribution projects

As such, please provide within your proposal a list of past projects with contact information, as well as resumes of all engineers who will or may be assigned to this project, if you are awarded the engineering services contract.

C. Receipt of Proposals - If your firm is interested in being considered as the Engineer for the City, one (1) copy of the proposal must be sealed and clearly marked on the face of the shipping material “RFQ 2026-04; Two-Million-Gallon Elevated Storage Tank” and received no later than 2:00 PM (local time) on Tuesday, September 22, 2026, at the office of the City or submit electronically via CivCast at www.civcast.com.

III. Selection Process The City anticipates selecting one (1) Firm for this service to provide professional services on the Construction of its Two-Million-Gallon Elevated Storage Tank Project. A City staff-led Evaluation Panel will review each Firm’s Statement of Qualifications (“SOQ”), contact references, and, at the City’s discretion, interview selected Firms, to determine which Firms are sufficiently qualified to be selected for each category of service.

http://www.civcast.com/

An updated list of selected Firms will be developed for this project after the SOQ review and interview process are complete. Firms will be notified by the City of the results of the initial SOQ review and at the conclusion of the RFQ process, the City will start negotiations with the top (3) qualified Firms and will select the Firm on the basis of demonstrated competence and qualifications to perform the services and for a fair and reasonable price.

IV. Evaluation Criteria The proposals received will be evaluated and ranked according to the following criteria:

A. Firm’s Qualifications and Project References (20%)

Firm’s qualifications and relevant project references, specifically as they relate to the categories of service for which the Firm is choosing to be considered. Include three relevant project references related to each category and shall contain complete contact information for each reference.

B. Project Manager and Key Personnel Qualifications (45%)

Project manager’s qualifications, specifically as they relate to the categories of service for which the Firm is choosing to be considered. Include qualifications for all key personnel that will be assigned to each category of projects. Also, the Firm’s ability to manage the work based on the current and future project.

C. Quality Control/Quality Assurance Process (20%)

This criterion would describe and provide examples of Firm’s processes for assuring accurate and timely work product for each project.

D. Past Work Performance (15%)

Provide a representative sample of the relevant work category. The sample work shall be prepared by or under the supervision of the Project Manager provided in this RFQ. i.e. water tower and piping design, water models, etc. These projects should be listed under “Sample of Work”.

V. Additional instructions, notifications, and information

• Release of Funds - This contract is contingent upon release of funds from the U.S.

Department of Housing & Urban Development (HUD).

• No Gratuities – Firm 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 Firm 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.

• 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.

Firms are advised that the confidentiality of their qualifications will be protected to the extent permitted by law. Firms are advised to consider the implications of the Texas Public Information 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 Public Information 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.

• 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, except for trade secrets and confidential information contained in the qualification and identified by the proposer as such to the extent allowed by law.

• 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.

• Technical Questions – Any questions prior to the closing date of submittals should be directed to Andrew Waits, Director of Public Works, andrew.waits@glennheightstx.gov before 5:00 p.m. on Friday, September 11, 2026.

• 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 CivCast at www.civcast.com. It is the Firms’ responsibility to check the City’s website and CivCast for addenda.

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

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

• RFQ’s are issued in accordance with Section 2254 of the Texas Government Code (Professional Services Act).

• 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.

• Federal regulation - This contract is subject to the U.S. Department of Housing & Urban Development’s (HUD) Section 3 requirements, requires recipients of HUD funding to direct employment, training, and contracting opportunities to low-income individuals and the businesses that employ these persons within their community. More information about the Section 3 Program can be found at the HUD Exchange website.

mailto:andrew.waits@glennheightstx.gov

• 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 Firms submitting responses, should it be deemed in the City’s best interest; or (6) cancel the entire process. Firms submitting responses to this RFQ waive and release any claim against the City if not selected.

• Equal Opportunity Employer - The City of is an affirmative action/equal opportunity employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap or national origin. Small, minority, and women-owned business enterprises are encouraged to submit proposals.

• Professional Liability Insurance – Firm 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 C Sample City of Glenn Heights Professional Services Agreement.

• Contract Terms and Negotiation Schedule – The selected Firm is expected to negotiate an agreement for services and a price that is acceptable to the City. If an acceptable contract cannot be negotiated, the City may formally end negotiations and begin negotiating with the next most qualified person or firm.

The City reserves the right to negotiate with any and all engineers or firms that submit proposals, as per the Texas Professional Services Procurement Act. Qualified SBE, MBE and WBE firms are encouraged to submit proposals in response to this RFQ. The City affords Affirmative Action to qualified small, minority and women-owned businesses. Please note that the successful respondent is required to make a “good faith effort” toward affording opportunity for qualified SBE, MBE, and WBE participation and submit, if required, supporting documentation to the TWDB.

VI. Submittal Instructions A single response is required for consideration in this RFQ. Sealed qualification packages shall be received by the Finance Director located in the City Hall Building at 1938 S. Hampton Road Bldg.

C, Glenn Heights, Texas, 75154 or electronically via CivCast, prior to 2:00 p.m. on Tuesday, September 22, 2026. All submittals must be labeled on the cover sheet with Firm’s name and “Request for Qualifications for Civil Engineering, Surveying and Related Services for Two-Million- Gallon Elevated Storage Tank Project, Engineering Services and Engineering Staff Support Services, RFQ No. 2026-04.” Late submittals will not be considered.

VII. Content of Submittal Each response shall be submitted as outlined in this section. Please include an outside cover and/or first page, containing the name of the Project, The RFQ designation (RFQ No. 2026-04), the name of Firm, and the submittal date.

A table of contents should be next, followed by tabbed dividers separating each of the following 3 sections for general firm information; Firm should include tabs 1, 2, 3, and 4 only once in its RFQ submittal:

• Tab #1: Cover Letter & Project Name “Two-Million-Gallon Elevated Storage Tank”

The first single-sided page following the divider 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 Firm 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: Firm Qualifications and Project References

a. Legal entity name for the State of Texas, addresses, and telephone numbers of all Firm offices. Specify from which office the proposed services will be provided.

b. Structure of Firm, i.e., sole proprietorship, partnership, corporation, and size of firm.

c. Years the Firm has been in business.

d. Names of principals in Firm.

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

f. Organizational description.

g. Total number of professional and technical personnel by discipline and training.

h. Number of Administrative staff.

i. Describe Firm’s current workload, projected workload for the next year and ability to allocate sufficient resources to projects

j. The resumes of all persons to be assigned to the category of service with their prospective roles identified. Please indicate the intended Project Manager for the City and that person’s current project workload.

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

l. An organizational chart that explains team member responsibilities. List the locations of team members if not located in the same office of the submitting firm.

m. List of all the related design awards and recognitions that the Firm or any of its key team members have received.

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

• Tab #3: Quality Control / Quality Assurance Process

a. Describe Quality Control/Quality Assurance Process used by Firm.

b. Describe how the Firm will solicit input from interested stakeholders. This includes community residents, city council, staff, and users.

c. Provide procedures for assisting in the development of project scheduling, coordination of consultants, quality and cost control.

d. Describe the Firm’s approach to communication with the City and Construction

Manager, if appropriate.

e. Description of Firm’s approach to code analysis and jurisdictional approvals.

f. Methods used to minimize unforeseen conflicts during the construction process, if applicable.

g. Describe the Firm’s approach to providing customer service to the contractors, residents, business owners, and to the City.

• Tab #4: Sample of Work

a. Provide a representative sample of the work for each selected category.

Samples shall illustrate work related to the category. Each sample will be weighed on its organization, clarity and ease of use.

APPENDIX “A”

SCOPE OF WORK

The engineering contract will encompass all project-related engineering services for the City, including but not limited to the following:

• Construction design plans and specifications of elevated storage tank, mechanical and electrical components. (Include Surveying, Geotechnical investigation and Subsurface utility investigation.)

• Preparation of the bid packet and construction documents.

• Construction phase engineering and inspections (Project Management)

• Construction phase engineering and inspections (interim and final)

• Update City’s Current Water distribution model upon completion of the tank.

APPENDIX “B”

SCHEDULE

REQUEST FOR QUALIFICATIONS FOR CIVIL ENGINEERING, SURVEYING AND RELATED

SERVICES FOR THE TWO-MILLION-GALLON ELEVATED STORAGE TANK PROJECT

RFQ 2026-04-06

Event Description Time/Duration Date First Public Advertisement One (1) Week Thursday, August 27, 2026

Second Public Advertisement One (1) Week Thursday, September 3, 2026

Pre-submittal online meeting 2:00 p.m. Wednesday, September 9, Deadline to Submit Questions 5:00 p.m. Friday, September 11, 2026 Response to Question(s) Deadline 5:00 p.m. Monday, September 14, 2026

Qualifications Due 2:00 p.m. Tuesday, September 22, 2026

Evaluation Committee Meets 2:00 p.m. Thursday, September 24, 2026

Contract awarded by Council 7:00 p.m. Tuesday, October 20, 2026

APPENDIX “C”

AGREEMENT FOR PROFESSIONAL SERVICES

STATE OF TEXAS §

COUNTY OF DALLAS §

This Agreement for Professional Services (“Agreement”) is made by and between the City of Glenn Heights, Texas (“City”) and ____________________, a _____________ 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 the design and construction of the Two-Million-Gallon Elevated Storage Tank Project, (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 for one-year automatically renewable terms unless sooner terminated 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. The City may terminate this Agreement for cause at any time by providing written notice thereof and allowing Professional thirty (30) days to cure any default or breach.

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, and shall comply with the terms and conditions of the City of Glenn Heights Contract Rider for Contracts Funded in Whole or in Part With Federal Grant Funds, attached hereto and made a part hereof. 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 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, 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.

2.6 Services During Construction

2.8.1 Professional's Personnel at Construction Site

(a) If included in the Services assigned, Professional shall make visits to the site at intervals appropriate to the various stages of construction, as Professional deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of the work of the construction contractor (the "Contractor").

(b) Additionally, if and to the extent included in the assigned Services, Professional shall provide the services of a Project Representative at the site to assist Professional and to provide on–site observations of such work. The furnishing of such Project Representative services will not extend Professional’s responsibilities or authority beyond the specific limits set forth in this Agreement. Such visits and observations by Professional and the Project Representative are not intended to be exhaustive, or to extend to every aspect of the work in progress, or to Professional in this Agreement, but rather are to be limited to spot checking, selective sampling and similar methods of general observation of the work based on Professional’s exercise of professional judgment as assisted by the Project Representative. Based on information obtained during such visits and such observations, Professional shall endeavor to determine, in general, if such work is proceeding in accordance with the construction contract documents ("Contract Documents"), and Professional shall keep City informed of the progress of the work. The Professional shall report to the City any deficiencies in the work of which the Professional has direct knowledge.

2.8.2 Contractor Responsible for Construction Work. The Professional shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor or the safety precautions and programs incident to the work of the Contractor.

The Professional shall not guarantee the performance of the Contractor nor be responsible for the acts, errors, omissions or the failure of the Contractor to perform the construction work in accordance with the Contract Documents.

2.8.3 Construction Progress Payments. Recommendations by the Professional to the City for periodic construction progress payments to the Contractor will be based on the Professional’s knowledge, information and belief from selective observation and sampling that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the Professional to ascertain that the Contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the Professional has made an examination to ascertain how or for what purpose the Contractor has used the moneys paid; that title to any of the work materials or equipment has passed to City free and clear of all liens, claims, security interests or encumbrances;

or that there are not other matters at issue between City and Contractor that affect the amount that should be paid.

2.8.4 Contractor Submittals. Professional shall review Contractor's shop drawings and other submittals if included in the assigned Services. Such review shall be only for conformance with the information given in the Contract Documents and for compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews will not extend to means, methods, techniques, sequences or procedures of construction, or to safety precautions and programs incident thereto. Professional shall serve as an Initial Decisionmaker to resolve disputes between the City and its contractor regarding plans and specifications and any issues arising from contract performance.

2.8.5 Record Drawings. Professional shall prepare record drawings if included in the assigned Services. Such record drawings will be based on information furnished by Contractor to Professional showing changes made during construction. The Professional is not responsible for any errors or omissions in the information provided by Contractor that is incorporated into the record drawings.

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.

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 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 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 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 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 Glenn Heights, Texas 1938-C S. Hampton Road Glenn Heights, Texas 75154

With a copy to:

Kellie McKee Nichols, Jackson, Dillard, Hager & Smith, L.L.P.

1800 Ross Tower 500 North Akard Street Dallas, Texas 75201

If intended for Professional:

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.

(e) Entering into a covered transaction with another person at the next…