Park Master Plan RFQ 2026.pdf

CITY OF SACHSE, TEXAS

REQUEST FOR QUALIFICATIONS

PARKS, TRAILS, & OPEN SPACES MASTER PLAN

Deadline for Submittals: October 29, 2026 (10 AM) Project Contact: Director of Leisure Services, W. Lance Whitworth Department: Parks and Recreation / Leisure Services

1. INTRODUCTION

The City of Sachse, Texas, is seeking qualifications from experienced and innovative professional planning firms to assist the city in developing a comprehensive Parks, Trails, & Open Spaces Master Plan.

The selected consultant will work closely with city staff, city leadership, residents, stakeholders, and community partners to develop a practical, forward-thinking plan that establishes a clear vision for the city’s parks and recreation system and provides a realistic framework for implementation.

The city is seeking a consultant who understands that a successful Parks, Trails, & Open Spaces Master Plan must be more than a list of desired amenities. The plan should reflect the unique character, size, growth, resources, and financial realities of Sachse while establishing a vision for the city’s future.

The city places a strong emphasis on:

• Meaningful community engagement and resident buy-in.

• Connectivity, trails, and walkability.

• Integration with existing city plans and long-range planning efforts.

• Creative and innovative approaches to parks and recreation.

• Realistic and financially sustainable recommendations.

• Public/private partnerships and alternative funding opportunities.

• Understanding of the North Texas/Metroplex region.

• A plan that is specifically developed for Sachse rather than a generic or “plug-and-play” approach.

• Establishing a consistent level of quality throughout the city's park system while recognizing the unique purpose and character of each individual park.

2. BACKGROUND

The City of Sachse is a growing community located in the Dallas-Fort Worth Metroplex. The city’s parks and recreation system provides residents with opportunities for recreation, wellness, community gatherings, sports, nature, and special events.

As Sachse continues to grow and development occurs, the city recognizes the importance of establishing a comprehensive vision for its parks, trails, recreation facilities, open spaces, and connectivity.

The Parks, Trails, & Open Spaces Master Plan should serve as a long-term planning document that helps the city make informed decisions regarding future land acquisition, park development, facility improvements, trails, connectivity, partnerships, funding, and capital investments.

The city has made significant investments in its parks and recreation system, including substantial improvements to its two premier parks: Heritage Park and J.K. Sachse Park.

Improvements at both parks include new playgrounds, splash pads, and other amenities that provide unique and engaging experiences for residents. These investments have also expanded the city’s ability to host large-scale community events. J.K. Sachse Park serves as the location for the city’s summer concert series, which attracts more than 2,000 attendees per concert, while Heritage Park hosts the city’s largest annual event, the Red, White, and Blue Blast, which attracts more than 15,000 attendees from across the Dallas- Fort Worth Metroplex.

While both Heritage Park and J.K. Sachse Park serve as examples of the quality and standard the city would like to achieve throughout its parks system, the city also has several additional parks that present opportunities for improvement and reinvestment.

The city has also invested in the Michael J. Felix Community Center, which provides a variety of programs, classes, daily recreational activities and hosts a wide range of community events. This facility has become an important gathering place for residents and demonstrates the city’s commitment to providing quality recreational and community experiences.

A key component of the Parks, Trails, & Open Spaces Master Plan will be identifying strategies to evaluate and prioritize improvements to these parks and facilities so that, over time, the city's broader park system can be elevated to a consistent standard of quality, functionality, accessibility, and community experience.

The consultant should consider how the city's existing premier parks can serve as a benchmark while developing recommendations for improvements to other parks, recognizing that each park has its own unique characteristics, purpose, location, and opportunities.

The city also seeks a consultant who can connect the master plan recommendations to the city’s existing programs, activities, and popular community events while identifying opportunities for future events and experiences. The plan should demonstrate how new or improved park amenities, trails, open spaces, and facilities could complement and enhance the city’s ability to host events, provide recreational opportunities, and create meaningful experiences for residents.

The city is particularly interested in developing a plan that can be used to guide future development and infrastructure decisions. Connectivity between parks, neighborhoods, schools, businesses, trails, and other community destinations should be a significant component of the plan.

3. PROJECT GOALS

The primary goal of this project is to create a comprehensive and implementable Parks, Trails, & Open Spaces Master Plan that reflects the needs and vision of the Sachse community.

The selected consultant should assist the city in:

1. Establishing a clear long-term vision for the city’s parks and recreation system.

2. Evaluating the city’s existing parks, recreational facilities, trails, open spaces, amenities, and supporting infrastructure.

3. Evaluating the overall park system and identifying opportunities to establish a consistent standard of quality, appearance, functionality, accessibility, and user experience.

4. Identifying current and future recreational needs based on demographics, population growth, development patterns, and community input.

5. Developing a comprehensive trail and connectivity strategy that improves connections between neighborhoods, parks, schools, businesses, and other community destinations.

6. Identifying opportunities to incorporate connectivity requirements into future development and redevelopment.

7. Engaging residents and stakeholders throughout the planning process and building community support for the final plan.

8. Identifying opportunities for public/private partnerships, sponsorships, land agreements, shared-use facilities, and other innovative approaches to providing recreational opportunities.

9. Identify opportunities to integrate animal services into the city’s parks system, including potential dog parks, pet-friendly amenities, and explore the potential use of open space adjacent to the current Animal Services facility.

10. Reviewing opportunities for partnerships with local school districts and other public entities, including potential land swaps or shared-use agreements.

11. Identifying opportunities for creative and innovative recreational facilities and amenities that are appropriate for Sachse’s size and financial resources.

12. Developing realistic recommendations that recognize the city’s available funding, maintenance capabilities, staffing, and long-term operational costs.

13. Integrating the Parks, Trails, & Open Spaces Master Plan with existing city plans and long-range planning documents to ensure consistency with the city’s overall vision.

14. Establishing priorities and an implementation strategy that allows the city to move from planning to action.

4. EXISTING CONDITIONS ASSESSMENT

The consultant shall conduct a comprehensive assessment of the city’s existing parks and recreation system, including, as applicable:

• Existing parks.

• Recreation facilities.

• Athletic facilities.

• Playgrounds.

• Trails and sidewalks.

• Sports fields and courts.

• Open spaces.

• Natural areas.

• Park amenities.

• Lighting.

• Parking.

• Accessibility.

• Landscaping and trees.

• Public art opportunities.

• Maintenance and operational considerations.

• Facility conditions and remaining useful life.

• Existing and future land opportunities.

• Current parkland dedication requirements and associated fee structures.

• Existing requirements and practices for incorporating trails, sidewalks, and other connectivity improvements into new developments.

The consultant shall evaluate the city's parks as a system, including identifying differences in quality, amenities, functionality, accessibility, appearance, and user experience between existing premier parks and other parks within the system.

The assessment should identify opportunities to bring additional parks up to an appropriate and consistent standard while recognizing the unique role and character of each individual park.

Recommendations should prioritize improvements based on community need, existing conditions, geographic distribution, anticipated growth, cost, maintenance requirements, available funding, and operational impacts.

The assessment should consider both the physical condition of existing facilities and how effectively they serve current and future community needs.

5. PROJECT MANAGEMENT AND COORDINATION

The selected consultant shall establish a consistent project management and coordination process with city staff, City Council, and the Parks and Recreation Board throughout the development of the Parks, Trails, & Open Spaces Master Plan. The consultant shall work closely with city staff to maintain project schedules, coordinate deliverables, provide regular updates, and ensure that the planning process remains on schedule and responsive to city priorities.

The following are suggested minimum requirements:

• One (1) project orientation/kickoff meeting with city staff at the beginning of the project.

• Six (6) additional meetings or presentations with city staff throughout the planning process to review progress, discuss findings, receive direction, and review draft materials.

• Two (2) progress reports/presentations to City Council to provide updates on the planning process, community input, preliminary findings, and recommendations.

• One (1) progress report/presentation to the Parks and Recreation Board to provide an update on the planning process and receive feedback.

• One (1) final Parks, Trails, & Open Spaces Master Plan adoption meeting/presentation with City Council.

The consultant should identify any additional meetings, presentations, or coordination efforts it believes are necessary to successfully complete the project. The city may request additional meetings or presentations as needed throughout the planning process.

The consultant shall designate a primary project manager who will serve as the city's primary point of contact and will be responsible for overall project coordination, communication, scheduling, and delivery of the Parks, Trails, & Open Spaces Master Plan.

6. COMMUNITY ENGAGEMENT

Community engagement is one of the city’s highest priorities for this project.

The following are suggested as the minimum requirements:

• Six (6) one-on-one and/or focus group interviews with identified stakeholders, elected and appointed officials, community leaders, organizations, and other key groups identified in coordination with the city.

• Three (3) public workshops designed to provide opportunities for broad community input. Public workshops should be facilitated by the consultant and should be structured to encourage meaningful participation and discussion.

• Online/digital public engagement tools to provide residents and stakeholders with opportunities to participate, provide feedback, and review information throughout the planning process.

The selected consultant must demonstrate a strong understanding of meaningful public engagement and should develop a process that encourages participation from a broad cross-section of the community.

The engagement process should consider:

• Residents.

• Youth.

• Seniors.

• Families.

• Recreation participants.

• Sports organizations.

• Neighborhood and HOA representatives.

• Businesses.

• Schools and school districts.

• Community organizations.

• Parks and recreation stakeholders.

• Other groups identified by the city.

The consultant should propose creative approaches to obtaining public input beyond traditional public meetings.

The city is particularly interested in an engagement process that:

• Makes participation convenient and accessible.

• Reaches residents who may not normally attend public meetings.

• Uses both in-person and online engagement.

• Provides opportunities for residents to identify priorities.

• Clearly communicates how public input influenced the final plan.

• Builds community ownership and support for the plan.

The consultant should provide a proposed public engagement strategy as part of its response.

7. PARKS, TRAILS, AND CONNECTIVITY

Connectivity should be a major component of the Parks, Trails, & Open Spaces Master Plan.

The consultant should evaluate opportunities to establish a connected network of:

• Parks.

• Trails.

• Sidewalks.

• Neighborhoods.

• Schools.

• Commercial areas.

• Community facilities.

• Natural areas.

• Other major destinations.

The plan should identify gaps in the existing system and establish priorities for future connections.

The city is particularly interested in a plan that can be used as a framework when reviewing future development proposals.

The consultant should consider how future development can contribute to the city’s overall connectivity network and how planned trails and connections can be incorporated into future development.

8. FUTURE FACILITIES AND AMENITIES

The consultant should evaluate community needs and identify opportunities for future facilities and amenities.

Areas of interest may include, but are not limited to:

• Additional trails.

• Improved walkability.

• Indoor sports facilities.

• Potential public/private indoor sports facilities.

• Expanded athletic opportunities.

• Recreation facilities.

• Special event spaces.

• Public gathering areas.

• Nature-based recreation.

• Additional trees and landscaping.

• Park lighting.

• Public art.

• Innovative and inclusive playgrounds and recreation amenities.

The consultant should evaluate recommendations based on community need, feasibility, cost, maintenance, and long-term sustainability.

9. PUBLIC ART AND PLACEMAKING

The city is interested in exploring opportunities to incorporate public art and unique community identity into its parks and public spaces.

The consultant should identify opportunities to:

• Incorporate public art into parks and public spaces.

• Highlight existing community features and assets.

• Explore creative uses of existing city infrastructure.

• Incorporate art into future infrastructure projects.

Potential opportunities may include existing features such as the city’s caboose and ground storage tanks.

The consultant should also consider how future infrastructure projects, including potential roundabouts, could incorporate public art and necessary electrical infrastructure during the planning and design process.

10. PARTNERSHIPS AND ALTERNATIVE FUNDING

The consultant shall investigate opportunities for partnerships that could expand the city’s ability to provide parks and recreation services without relying solely on traditional city funding.

Potential areas include:

• Public/private partnerships.

• School district partnerships.

• Shared-use facilities.

• Land swaps.

• Joint development opportunities.

• Community organizations.

• Nonprofit partnerships.

• Grants.

• Other alternative funding mechanisms.

The consultant shall also evaluate the city’s existing funding resources, including the Municipal Development District (MDD) fund, and identify appropriate opportunities for utilizing these funds to support parks and recreation priorities. This evaluation should consider applicable restrictions and eligible uses of these funds.

The consultant should provide examples of successful approaches used by other communities, particularly communities similar in size and characteristics to Sachse.

11. INTEGRATION WITH OTHER CITY PLANS

The Parks, Trails, & Open Spaces Master Plan should not function as an independent document.

The selected consultant is expected to understand the city’s existing planning framework and develop a master plan that works in direct coordination and synergy with the city’s other adopted plans and strategies.

At a minimum, the consultant shall thoroughly review and consider the following existing city documents:

• 2025 City of Sachse Comprehensive Plan.

• 5-Year Economic Development Strategy Action Plan (2026-2031).

The consultant shall identify the goals, priorities, recommendations, and initiatives within these documents that relate to parks, trails, open spaces, recreation, connectivity, economic development, quality of life, and community identity. The consultant shall demonstrate how the Parks, Trails, & Open Spaces Master Plan can support, complement, and advance these existing city priorities.

The consultant should identify connections between the Parks, Trails, & Open Spaces Master Plan and, as applicable:

• Comprehensive planning.

• Future land use planning.

• Trail planning.

• Capital improvement planning.

• Development regulations.

• Economic development planning.

• Other applicable city plans.

The final plan should establish a unified vision for parks, trails, open spaces, and recreation that supports the city’s broader goals for growth, development, economic vitality, connectivity, and quality of life. The recommendations should be practical and structured so that the Parks, Trails, & Open Spaces Master Plan can serve as a complementary component of the city’s overall planning framework rather than a stand-alone document.

12. BENCHMARKING AND BEST PRACTICES

The consultant should evaluate relevant parks and recreation systems in the Dallas-Fort Worth Metroplex and other comparable communities.

The consultant should identify:

• Successful programs and facilities.

• Innovative approaches.

• Partnership opportunities.

• Connectivity strategies.

• Public engagement methods.

• Funding approaches.

• Public art initiatives.

• Facility development strategies.

Consultants should demonstrate that recommendations are based on the specific needs of Sachse rather than simply replicating plans developed for other communities.

The city is interested in understanding how the consultant adapts its planning approach to each individual community.

13. FINANCIAL AND IMPLEMENTATION STRATEGY

A major component of the Parks, Trails, & Open Spaces Master Plan shall be an implementation strategy.

Recommendations should be prioritized based on factors such as:

• Community needs.

• Public input.

• Cost.

• Available funding.

• Operational impact.

• Maintenance requirements.

• Land availability.

• Partnerships.

• Grant opportunities.

• Timing.

• Feasibility.

The consultant should develop:

Short-Term Priorities

Projects and initiatives that can reasonably be pursued within approximately 1–5 years.

Mid-Term Priorities

Projects and initiatives anticipated within approximately 5–10 years.

Long-Term Priorities

Projects and initiatives that may require 10+ years to implement.

The consultant should provide estimated order-of-magnitude costs for major recommendations and identify potential funding sources when possible.

14. EXPECTED DELIVERABLES

At a minimum, the final project should include:

• Existing conditions assessment.

• Community engagement summary.

• Parks and recreation needs assessment.

• Park system recommendations.

• Evaluation of existing park standards and conditions.

• Recommendations for improving park standards throughout the system.

• Trail and connectivity plan.

• Future facility recommendations.

• Public art/placemaking recommendations.

• Partnership opportunities.

• Land acquisition and/or land opportunity recommendations.

• Integration with other city plans.

• Prioritized project list.

• Estimated project costs.

• Potential funding sources.

• Implementation schedule.

• Recommended priorities.

• Maps and graphics.

• Two to three detailed concept plans for parks.

• Final Parks, Trails, & Open Spaces Master Plan document.

• Executive summary suitable for presentation to City Council.

• Electronic files in formats acceptable to the city.

15. CONSULTANT QUALIFICATIONS

The city is seeking a consultant with demonstrated experience in comprehensive parks and recreation planning.

Respondents should demonstrate:

• Experience developing park master plans.

• Experience working with municipalities.

• Experience with communities comparable to Sachse.

• Experience in the Dallas-Fort Worth Metroplex or similar Texas communities.

• Experience with community engagement.

• Experience developing trail and connectivity plans.

• Experience with public/private partnerships.

• Experience developing realistic implementation strategies.

• Experience with innovative parks and recreation planning.

The city is particularly interested in examples of plans that demonstrate a community-specific approach rather than a standardized template or “plug-and-play” planning process.

16. PROPOSAL REQUIREMENTS

Each respondent should provide the following:

A. Cover Letter (two to three pages maximum)

Brief introduction to the firm and its interest in the project.

B. Firm Qualifications (two to three pages maximum)

Provide information regarding:

• Years in business.

• Areas of expertise.

• Relevant municipal experience.

• Experience in Texas and the DFW Metroplex.

C. Project Team (one to two pages per team member)

Identify the proposed project manager and key team members who will be responsible for completing the project through final acceptance and adoption.

Include:

• Name.

• Title.

• Role in the project.

• Qualifications.

• Relevant experience.

• Availability and estimated capacity of the project manager and key team members.

D. Relevant Project Experience (USB submittals will be accepted)

Provide examples of at least three comparable projects.

For each project, include:

• Client.

• Community population.

• Project scope.

• Project completion date.

• Project cost.

• Consultant’s role.

• Public engagement approach.

• Final deliverables.

• Contact information for the client, if permitted.

E. Approach to Sachse (four pages maximum)

Describe how the respondent would approach the development of a Parks, Trails, & Open Spaces Master Plan specifically for Sachse.

Respondents should address:

• Community engagement.

• Connectivity.

• Trails.

• Future development.

• Public/private partnerships.

• Public art.

• Facility needs.

• Financial feasibility.

• Integration with other city plans.

• Implementation.

F. Preliminary Opportunities for Sachse

Based on your preliminary understanding of the City of Sachse, identify three opportunities that you believe should be explored as part of the Parks, Trails, & Open Spaces Master Plan. Please explain why you believe each opportunity could be appropriate for Sachse and how it could benefit the community.

The city is interested in responses that demonstrate an understanding of Sachse's size, growth, existing parks and facilities, connectivity needs, community character, and financial considerations.

These responses will not be considered a commitment by the city to pursue the identified opportunities.

G. Public Engagement Strategy

Describe the proposed approach for engaging residents and stakeholders.

H. Project Schedule

Provide an anticipated project timeline, including major milestones.

I. References

Provide at least three municipal references for comparable work.

J. Additional Information

Identify any additional recommendations or services the respondent believes would benefit the city.

K. Contract Exceptions

Attached is the Professional Services Agreement that will be used for this project. The contract terms provided in the Professional Service Agreement attached hereto shall become a part of any contract issued as a result of this solicitation. Any exceptions to the contract terms must be stated in the submittal. Any submission of a response to this RFQ without written objections to the contract terms indicates understanding and intention to comply with the contract terms. If there is a term or condition that the submitter intends to negotiate, it must be stated in the submitter’s response to this RFQ. The selected professional will not be entitled to any changes or modifications unless they are first stated in the submitter’s response. The respondent must make a statement indicating they have no issues with the Professional Services Agreement if none exist. Failing to identify any exceptions to the Professional Services Agreement as part of the RFQ process will function as an acknowledgement by the respondent that none exist.

17. EVALUATION AND SELECTION

The city will evaluate qualifications based on the criteria established in this RFQ.

The city reserves the right to request additional information, conduct interviews, request presentations, and/or contact references as part of the evaluation process.

The city may select the firm determined to be best qualified to meet the city’s needs.

Following selection of the highest-ranked consultant, the City of Sachse will negotiate the project scope, fee, and associated costs with the selected firm. The city and selected consultant will work collaboratively to establish a final scope of services and a fair and reasonable fee consistent with the city’s project objectives and available budget.

18. EVALUATION CRITERIA

Evaluation Criteria Points Relevant Firm Experience & Qualifications 15 Project Team Qualifications & Experience 10 Understanding of Sachse & Project Needs 15 Community Engagement & Public Input Strategy

Creativity, Innovation & Community- Specific Approach

Implementation, Financial Feasibility & Partnerships

Project Approach & Schedule 10

TOTAL 100

19. PROPOSED PROJECT SCHEDULE

The following is a preliminary schedule (subject to change) Legal Advertisement October 8, 2026 RFQ Posted October 12, 2026 2nd Legal Advertisement October 15, 2026 Deadline for Questions October 19, 2026 RFQ Submittal Deadline October 29, 2026 (10 AM) Interviews, if needed Week of November 16, 2026 Council Approval/Project Kickoff Winter/Spring 2027 Anticipated Project Completion May 2028

20. CITY’S RIGHT TO MODIFY OR REJECT

The city reserves the right to reject any or all responses, request clarification, modify the scope of services, cancel the RFQ, or take other actions permitted under applicable city policies and law.

21. SUBMITTAL INSTRUCTIONS

Questions regarding this RFQ must be submitted in writing to the contact below and no other member of City staff, City Council, review committee or other city leadership.

Clarification requests will not be accepted by phone. Requests pertaining to this proposal must be received no later than ten (10) business days prior to the deadline for submission.

Questions should be submitted in writing (email) and answers will be sent to each individual respondent.

Submission Deadline: October 29, 2026 (10 AM)

Number of Copies: 5 hard copies

Electronic Submission: 1 USB

Questions Contact: Leisure Services Director, W. Lance Whitworth

Contact Email: lwhitworth@cityofsachse.com

22. DESIRED OUTCOME

The City of Sachse is seeking a partner—not simply a consultant—to help establish a long-term vision for the city’s parks and recreation system.

The successful consultant will demonstrate the ability to balance community aspirations with realistic financial and operational considerations, understand the unique characteristics of Sachse, and develop a plan that can be actively used by city staff and leadership for years to come.

The final plan should provide Sachse with a clear roadmap for creating a connected, accessible, innovative, and sustainable parks and recreation system that reflects the needs and vision of its residents.

PAGE 1 CITY OF SACHSE AND FILL IN NAME OF ENTITY

(FORM) AGREEMENT FOR PROFESSIONAL SERVICES

STATE OF TEXAS §

COUNTY OF DALLAS §

AGREEMENT FOR PROFESSIONAL SERVICES

This Agreement for Professional Services (“Agreement”) is made by and between the City of Sachse, Texas (“City”) and , [Name of Entity] (“Professional”), (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives.

RECITALS:

WHEREAS, City desires to engage the services of Professional as an independent contractor, and not as an employee, to provide the services described in Exhibit “A” (the “Scope of Services”) to assist the City in creating a Parks, Trails, & Open Spaces Master Plan (the “Project”) on the terms and conditions set forth in this Agreement; and

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

NOW THEREFORE, in exchange for 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 until completion of the Project as set forth in the Contract Documents, 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.

Article II Scope of Service

2.1 Professional agrees to provide the services in accordance with the Scope of Services provided by Professional which are attached hereto as Exhibit "A". This Agreement shall include the following documents referred to as the "Contract Documents":

(a) This Agreement; and

(b) Scope of Services provided by the Professional as set forth in Exhibit "A".

PAGE 2 CITY OF SACHSE AND FILL IN NAME OF ENTITY

In the event of an inconsistency or conflict in any of the provisions of the Agreement the inconsistency or conflict shall be resolved by giving precedence first to this written Agreement, then to the Contract Documents in the order in which they are listed above.

2.2 Professional shall perform the services: (i) with the professional skill and care ordinarily provided by competent professionals 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 professional.

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 The Parties acknowledge and agree that any and all opinions provided by Professional in connection with the Project represent the professional judgment of the Professional, in accordance with the standard of care applicable by law to the services performed hereunder.

2.5 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. The City's employees, agents, contractors and subcontractors may reproduce applicable portions of the instruments of service for use in performing services or construction for 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.

Article III Schedule of Work

The Professional agrees to commence work on the Project upon a Notice to Proceed from the City and to perform the required services in accordance with a schedule mutually agreed upon by the City and Professional. Any work performed or expenses incurred by Professional prior to Professional's receipt of a Notice to Proceed from the City shall be entirely at Professional's own risk.

Article IV Compensation and Method of Payment

4.1 Professional will be compensated in an amount not to exceed ____________________ and __/100 Dollars ($__________), in accordance with the payment schedule and amounts set forth in the Scope of Services. Unless otherwise provided herein, PAGE 3 CITY OF SACHSE AND FILL IN NAME OF ENTITY 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 charged 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. The final payment of the compensation shall be made after satisfactory completion of the services following the City acceptance of the study, report, recommendation or other work and deliverables set forth in the Contract Documents.

4.2 Unless otherwise provided in the Contract Documents 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 Contract Documents, 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 Contract Documents. 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 scheduled by the City or more frequently as may be required by the City from time to time based upon Project demands. Each progress report shall detail the work accomplished

PAGE 4 CITY OF SACHSE AND FILL IN NAME OF ENTITY

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 Miscellaneous

6.1 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.

6.2 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.

6.3 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.

6.4 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. Notwithstanding any provision of this Agreement to the contrary, in no event shall either party be liable to the other for consequential, incidental, punitive, special, or exemplary damages, including lost revenues, profits, delays, or other economic loss arising from any cause including breach of warranty, breach of contract, tort, strict liability or any other cause whatsoever. To the extent permitted by law, any statutory remedies that are inconsistent with this provision of the Agreement are waived.

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

6.6 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.

6.7 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.

PAGE 5 CITY OF SACHSE AND FILL IN NAME OF ENTITY

6.8 Right-of-Access. Professional shall not enter onto private property without lawful right-of-access to perform the 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 Contract Documents.

6.9 Notice. Any notice required or permitted to be delivered hereunder may be sent by nationally recognized overnight 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 on the day actually received if sent by nationally recognized courier or otherwise hand delivered:

If intended for City:

Attn: Gina Nash City Manager 3815 Sachse Road Sachse, Texas 75048 Phone: (469) 429-4771

With a copy to:

Joseph J. Gorfida, Jr.

Nichols, Jackson, Dillard, Hager & Smith, LLP 1800 Ross Tower 500 N. Akard Street Dallas, Texas 75201 Phone: (214) 965-9900

If intended for Professional:

With a copy to:

6.10 Insurance.

(a) Professional shall during the term hereof maintain in full force and effect the following insurance: (i) a commercial general liability policy of insurance for bodily injury, death and property damage including the property of the City, its council, 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 limit of not less than $1,000,000.00 per occurrence for injury to persons (including death), and for property damage and $2,000,000.00 aggregate including products and completed operations; (ii) an umbrella/excess liability policy of $2,000,000.00;

(iii) automobile liability insurance covering all vehicles owned, non-owned and hired and/or operated by Professional, its officers, agents, independent contractors 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; (iv) statutory Worker's Compensation and Employers Liability covering all of Professional's employees involved in the provision of services under

PAGE 6 CITY OF SACHSE AND FILL IN NAME OF ENTITY

this Agreement with policy limit of not less than $1,000,000.00; and (v) Professional Liability with policy limit of not less than $1,000,000.00 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. Such professional liability insurance shall be annually renewed and remain in effect for not less than twenty-four (24) months after substantial completion of the services if reasonably available at commercially affordable rates.

(b) All insurance shall be endorsed to provide the following provisions: (1) name the

City, its council, officers, and employees as additional insureds (or such insurance should have a blanket additional insured endorsement) 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 or nonrenewal except 10 day notice of cancellation for non-payment of premium of the policy. In the event the companies providing the required insurance are prohibited by law to provide any such specific endorsements, the Consultant 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. All policies must be written on a primary basis, non-contributory with any insurance coverage and/or self-insurance maintained by the City.

(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.

(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. The delivery of the certificates of insurance and policy endorsements to the City is a condition precedent to the payment of any amounts due to Professional by the City. The failure to provide valid certificates of insurance and policy endorsements shall be deemed a default and/or breach of this Agreement.

(e) To the fullest extent permitted by law, Professional's total liability to the City or any other party claiming by or through this Agreement for any and all claims, PAGE 7 CITY OF SACHSE AND FILL IN NAME OF ENTITY losses, expenses or damages whatsoever arising out of or in any way related to the services or this Agreement from any causes including, but not limited to, Professional's negligence, errors, omissions, strict liability, or breach of contract and whether claimed directly or by way of contribution shall not exceed the proceeds of applicable insurance required herein.

6.11 Debarment and Suspension.

(a) In accordance with 2 CFR section 180.300, the principal of 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, certifies 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.

6.12 Indemnification. PROFESSIONAL DOES HEREBY COVENANT AND

CONTRACT TO WAIVE CLAIMS, RELEASE, INDEMNIFY, AND HOLD HARMLESS

THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND 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 CONSULTANT UNDER CONTRACT, OR ANY

OTHER ENTITY OVER WHICH THE PROFESSIONAL EXERCISES CONTROL

SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904

AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002 (B).

INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS’ FEES

AND COSTS, COURT COSTS, AND SETTLEMENT.

6.13 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such

PAGE 8 CITY OF SACHSE AND FILL IN NAME OF ENTITY

counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties hereto.

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

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

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

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

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

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

6.16 Verifications Required as of Sept 1, 2021. As required by Chapter 2274 of the

Texas Government Code, and as such terms are defined therein, Professional hereby verifies that it does not, nor will it, “boycott energy companies,” through the term of this Agreement. As required by Chapter 2274 of the Texas Government Code, and as such terms are defined therein, Professional hereby verifies that it does not have a practice, policy, guidance, or directive that discriminates against a “firearm entity” or “firearm trade association,” and will not discriminate against a firearm entity or firearm trade association through the term of this Agreement.