REQUEST FOR QUALIFICATIONS

Architect & Engineering Services for the City of Waco

RFQ No. 2025-038

Issue Date: April 28, 2025

Initial submittal deadline August 1, 2025 2:00 PM SOQs will be accepted through April 1, 2027

For Information Contact:

Christopher Hanchard, Purchasing Agent, 254-750-6640, or christopherh@wacotx.gov

RFQ Opening Location:

Purchasing Services Office, 1415 N. 4th Street, Waco, Texas via Zoom Video Conferencing Only (Please see Page 3)

Purchasing Services Post Office Box 2570 Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

RFQ 2025-038 Architect & Engineering Services for City of Waco Page 1 of 41

BONFIRE ELECTRONIC BIDDING

The City of Waco is transitioning to Electronic Bidding, Proposals and Qualification (RFB/RFP & RFQ) submissions. These requests will be managed through the new City’s Data base system, Bonfire.

We ask vendors to register with Bonfire to access and respond to any advertisement for bids and services required by the City. Registration is secure and user friendly. Vendors can register at the link below. Once registered, vendors will be able to:

Register with the City of Waco.

Receive notifications for bids and services requests from the City.

Stay updated on changes, addendums, open solicitations.

Submit bids and proposals electronically.

Vendors can inquire about the details and requirements of various bidding opportunities.

The City will still accept bids and proposals by mail or drop off. Notifications of changes, addendums and updates will also be available on the City’s website as well as other media outlets the City uses for solicitations.

The City appreciates your participation. If you have questions during the electronic bid/proposal process, please contact the issuing buyer, whose contact information can be found in the solicitation document. You can also contact Bonfire with registration or customer support issues.

Website links to assist you: waco-texas.bonfirehub.com/login

MINORITY, WOMEN-OWNED BUSINESS ENTERPRISE (MWBE)

The City of Waco is committed to providing fair and equal opportunities for all vendors, especially those who face disadvantages in bidding and providing services to the City. The City collects and reports data on the MWBE status of vendors to the federal government as part of this effort. Vendors are asked to fill out the MWBE form and submit it with their offer when they respond to a bid or proposal solicitation.

The MWBE status helps the City ensure that small and disadvantaged businesses are included in the competitive solicitation process. However, the MWBE status does not determine the award of a contract.

RFQ 2025-038 Architect & Engineering Services for City of Waco Page 2 of 41

TABLE OF CONTENTS

Register Interest Form I. Schedule for Solicitation II. Contact with City of Waco III. Definitions IV. Requested Services V. Statement of Qualifications VI. Evaluation of Submittals & Award of Contract

Appendices

A. Required Forms

(1) Qualification Form

(2) Exhibit A – Terms and Conditions

(3) Exhibit B – Drug-Free Workplace Act Certification

(4) Exhibit C – Disclosure Forms [CIQ and Charter Compliance]

RFQ 2025-038 Architect & Engineering Services for City of Waco Page 3 of 41

RFQ No. 2025-038 Architect & Engineering Services for the

City of Waco Please Register for Notification

REGISTER INTEREST

You have received a copy of the above-described Request document. If you would like to register your interest in this project so that you will receive any future notices or addenda concerning the project, please fill in the information requested below and fax this page to 254-750-8063. You may also scan this page and email to: christopherh@wacotx.gov.

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: Fax:

Mailing Address:

It is your responsibility to complete and return this form to the City. Failure to do so will result in your not receiving notices and addenda related to this project from the City of Waco.

Notices and addenda are posted on the City’s website and can be accessed at: waco-texas.com/bids

City of Waco Purchasing Services Post Office Box 2570

Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

RFQ 2025-038 Architect & Engineering Services for City of Waco Page 4 of 41

Christopher Hanchard - Purchasing Highlight

I. SCHEDULE FOR SOLICITATION

The proposed schedule of events is tentative and may be modified throughout the selection process at the discretion of the City of Waco.

Issuance of the RFQ April 28, 2025

Submissions received in response to this RFQ will be opened and reviewed on a periodic basis throughout the duration of this solicitation through April 1, 2027. The City will evaluate submissions according to the published schedule or as deemed necessary to maintain an active list of prequalified vendors for potential engagements. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

The contact person for this solicitation process is: Christopher Hanchard, Purchasing Agent who can be reached at:

Email: christopherh@wacotx.gov Telephone: (254) 750-6640 Fax: (254) 750-8063

Questions concerning the solicitation can be submitted through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login (preferred) or by email to the contact person listed above.

Official Address (if needed) - City of Waco Purchasing Services Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

Contact someone other than the Purchasing Agent listed above, or his/her designated representative at the City of Waco concerning this solicitation may be grounds for removal from consideration.

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Waco. Addenda will also be made available through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login or the City of Waco Website at waco-texas.com/bids. Interested professional service providers are encouraged to return the Register Interest form on the previous page.

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III. DEFINITIONS

The following definitions apply to this document and the transaction between the City and the selected submitter unless otherwise designated in the context. Terms, which are singular, may include multiple, where applicable and when in the best interests of the City:

(1) “City” means and refers to the City of Waco, Texas.

(2) “Company” or “Firm” means and refers to any submitter, whether such submitter be a sole proprietor, corporation, company, partnership, company, or any other entity legally defined or recognized under the laws of the State of Texas.

(3) “Contract documents” include the RFQ and all of the Appendices attached to the RFQ.

(4) “Day” means a calendar day unless otherwise specified defined.

(5) “Project” means subject matter for which professional services are sought.

(6) “Project Review Committee” means a committee established by the City to review the qualifications. The Committee may be composed of City of Waco staff, City Councilmembers, or their designees, or other individuals selected to serve on the committee by the City.

(7) “RFQ” means and refers to this Request for Qualifications.

(8) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City Manager awards a contract for the professional services requested in this solicitation.

(9) “Selected submittal” means and refers to the Statement of Qualifications submitted by the Selected Firm.

(10) “Solicitation” means an RFQ issued by the City Waco seeking services described in the document.

(11) “SOQ” means Statement of Qualifications.

(12) “Submission” or “Submittal” refers to a response to the RFQ which is a Statement of Qualifications of the submitter.

(13) “Submitter” means a firm submits a Statement of Qualifications in response to this RFQ.

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IV. REQUESTED SERVICES/PRODUCTS

A. Professional Services Requested:

The City of Waco is requesting to prequalify professional service providers related to Architect & Engineering Services. Qualified vendors will demonstrate proven expertise, experience, and capacity to deliver services on an as-needed basis throughout the duration of this solicitation. The purpose is to establish a pool of prequalified suppliers that can be engaged swiftly for specific projects through subsequent mini-RFQs or project-specific RFPs. Prequalified vendors must be capable of delivering high-quality solutions aligned with organizational goals and adhering to the outlined standards and expectations. Throughout the prequalification period, vendors will be assessed based on their qualifications, capabilities, and relevant experience. Selected vendors will be placed on an approved list, from which they may be invited to bid for project-based contracts as opportunities arise. Each specific engagement will be governed by separate terms and conditions, ensuring both flexibility and alignment with project requirements.

Vendors are advised that participation in this RFQ does not guarantee an award of contract, compensation, or any form of payment. The City reserves the right to reject any or all submissions and make no assurances that services solicited under this RFQ will result in contractual obligations.

The City reserves the right to procure professional services from vendors not prequalified under this RFQ if it is determined to be in the City’s best interest or necessary to meet project-specific requirements. This provision ensures the City maintains the flexibility to address emerging needs or specialized service demands as they arise.

(1) Detailed scope of services are attached as Appendix A

(2) A digital version of this document can be obtained from the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login or the City of Waco Website at waco-texas.com/bids.

B. Terms Conditions & Requirements

In addition to the description of the services, the attached Appendices include the City’s

Contract Requirements.

C. Reservations by City:

The City of Waco reserves the right to reject any and all submittals. The issuance of this solicitation does not obligate the City to contract for expressed or implied services. The City of Waco will not reimburse submitters for any costs incurred during the preparation or submittal of qualifications to this solicitation.

(1) Furthermore, the City expressly reserves the right to:

(a) Waive any defect, irregularity, or informality in any submittal or procedure.

(b) Extend the solicitation closing time and date.

(c) Reissue this solicitation in a different form or context.

(d) Procure any item by other allowable means.

(e) Waive minor deviations from specifications, conditions, terms, or provisions of the solicitation, if it is determined that waiver of the minor deviations improves or enhances the City’s business interests under the solicitation; and/or

(f) Extend any contract when most advantageous to the City, as set forth in this solicitation.

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V. STATEMENT OF QUALIFICATIONS (SOQ)

A. Submission of Information:

Submitters are cautioned that it is each submitter’s sole responsibility to submit information related to the evaluation categories, and the City is under no obligation to solicit such information if it is not included with the SOQ. Failure of a submitter to submit such information may cause an adverse impact on the evaluation of the specific SOQ.

B. Submitter Review of RFQ:

Submitters are responsible for examining and being familiar with all terms, conditions, provisions, and instructions of the RFQ and their responses. Failure to do so will be at the submitter’s risk and will not be a determinative factor when awarding the contract for services. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFQ.

C. Encouraging Competition:

The conditions, terms, provisions, and information of this RFQ are written to encourage maximum response to the RFQ. There is no intent to discriminate against any submitter but rather, to set a definite standard of professional quality and experience desired for this project.

D. Submission Contents:

Qualified firms should submit their qualifications through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login. Paper/ Physical submissions will still be accepted but must include one (1) electronic copy (CD or Flash Drive) and (1) original and four (4) copies of their statements of qualifications on 8 ½ x 11 paper. These must be received by the date set out above in the Schedule of Solicitation for a submitting firm to be considered:

(1) Title Page: Title page showing the RFQ subject, the RFQ number, the firm’s name;

the name, address and telephone number of the contact person, and the date of the

SOQ.

(2) Table of Contents

(3) Transmittal Letter: A signed letter of transmittal briefly stating the submitter’s understanding of the work to be done and a statement as to why the firm believes it to be the best qualified to perform the engagement.

(4) Detailed SOQ: The detailed SOQ should follow the order set out as follows:

(a) General Requirements: The purpose of the SOQ is to demonstrate the qualifications, competence, and capacity of the firm to undertake this project. It must also specify a project approach that will meet the requirements in the RFQ.

(b) License to Practice in the State of Texas: An affirmative statement should be included that the firm and all assigned professional staff are properly licensed or registered to practice in the state of Texas.

(c) Firm Qualifications and Experience: The submitter should state the size of the firm, the location of the office from which the work on this project is to be performed, the number and nature of the professional staff to be employed in this project on a full-time basis, and the number and nature of the staff to be so employed on a part-time basis.

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(d) Joint Venture or Consortium: If the submitter is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal should be noted, if applicable.

(e) Partner, Supervisory and Staff Qualifications and Experience: Identify the principal supervisory and management staff, including partners, managers, other supervisors, and specialists, who would be assigned to the project. If required, indicate whether each such person is registered or licensed to practice in Texas.

Provide information on the experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this project.

(f) Consultants and Firm Specialists: Consultants and firm specialists mentioned in response to this request for qualifications can only be changed with the express prior written permission of the City of Waco, which retains the right to approve or reject replacements. Partners, managers, other supervisory staff, and specialists may be changed if those personnel leave the firm, are promoted, or are assigned to another office. Other project personnel may be changed at the discretion of the submitter if replacements have substantially the same or better qualifications or experience.

(g) Organizational Chart: Attach a one-page copy of your business organizational chart for the portion of your business that will be involved with this project, complete with names and titles. On the chart mark the people who will be involved in this project.

(h) Business Operation: If the submitter has operated under any other names within the last ten (10) years, provide those names.

(i) Ownership Changes: If submitter anticipates any mergers, transfer of organization ownership, management reorganization, or departure of key personnel within the next twelve (12) months, provide a description of what is anticipated and how that could impact work on this project if awarded the contract.

(5) Additional background information on no more than 5 pages:

(a) Experience with Similar Projects: For the firm's office that will be assigned responsibility for the project, list the most significant projects (maximum - 5) performed in the last five years that are similar to the project described in this request for qualifications. These projects should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, the original estimate and final cost, whether or not the work was completed within the specified schedule, and the name, email address, and telephone number of the principal client contact.

(b) Project Approach: The SOQ should set forth a proposed approach for the design services, including any special considerations and possible challenges in completing the project. The SOQ should also identify any special assistance that will be requested from City of Waco staff that will be involved in the project.

(c) References: Each response should provide the City at least five (5) references for the firm (and any consultants) that the City may contact to discuss performance on other similar work. At least one of these references must be someone that the firm worked with within the last 24 months. For each reference: project name and

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E. No Price Information The selection of a design firm under this RFQ shall be in accordance with Chapter 2254 of the Texas Government Code. Do not include any price information within the SOQ. SOQs containing any price information will be automatically disqualified.

F. Completeness of Submission:

(1) Submitters are responsible for examining and being familiar with all instructions and terms and conditions of this solicitation, and the submitter’s response.

(2) The submitter must attach all required forms with each submission copy. Forms must be signed by a representative of the submitter authorized to bind the submitter contractually.

The submitter must include a statement identifying any exceptions to this RFQ or declare that there are no exceptions taken to the RFQ.

G. Response Date and Location Initial responses to this solicitation must be received by 2:00pm (Central Time) on August 1, 2025. The City prefers that vendors use the new Bonfire portal at waco-texas.bonfirehub.com/ login , paper submissions will still be received at the address listed below via Delivery Services or Personal Delivery to:

Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

If using U.S. Mail, note that U.S. Mail is initially received at Waco City Hall and then delivered to the office of Purchasing Services by a City courier. That delivery may occur a day or more after being received at Waco City Hall. Allow additional time in advance of the proposal due date for U.S. Mail delivery. If the Purchasing Office has not received the proposal by the stated deadline, the proposal will be returned unopened.

All submissions shall be sent to the attention of the Purchasing Agent in a sealed envelope that is clearly marked on the outside as follows:

RFQ 2025-038

Architect & Engineering Services for the City of Waco

Initial Closing: 2:00pm (Central Time) on August 01, 2025

Statements of Qualifications will be accepted any date prior to April 1, 2027.

Submitters accept all risk of late delivery bids submissions regardless of instance or fault. A paper submission received after the submission deadline will not be considered and will be returned unopened to the submitter.

The City will NOT accept a submission by facsimile transmission (fax) or by electronic mail (email).

All submissions and accompanying documentation will become the property of the City.

RFQ 2025-038 Architect & Engineering Services for City of Waco location; description of work; contract value of work performed by the firm or consultant and project value; name, address, email address, and telephone number of project owner/representative who oversaw project performance; dates (month/year) contract was issued and actually completed; and contract completion terms.

H. Modifications to or Withdrawal of Submission:

Submissions cannot be modified after the submission deadline.

Submissions (in PAPER ONLY) may be modified prior to the deadline by providing a written notice to the Purchasing contact person at the address previously stated. To modify a submission prior to the submission deadline:

(1) Submit a written notice of the modification.

(2) The written modification may be submitted by electronic transmission (email) or personal delivery to the Purchasing Agent identified earlier in this document. The written modification must be received by the City prior to the closing time.

A submission may also be withdrawn (Bonfire vendor’s can withdrawal their own submission) by providing the notice in person by a representative of the submitter who can provide proof of his/her authority to act for the submitter. The representative will be required to execute a receipt reflecting the submission is being withdrawn.

I. Authorized Signature:

A SOQ must be manually signed by a person having authority to contractually bind the submitter. Any erasures or other changes must be initialed by the person authorized to sign the SOQ or others who are able to show evidence of authority to execute or sign or behalf of the submitter.

J. SOQ is an Indication of Ability to Perform Requested Services:

The SOQ submitted by a firm is an indication of the ability of the firm to perform the requested services.

K. Agreement; Exceptions:

(1) Submission of an SOQ indicates the submitter agrees to the terms, conditions, and other provisions contained in the RFQ, unless the submitter clearly and specifically presents in its proposal any exceptions to the terms, conditions, and other provisions contained in the RFQ.

(2) Exceptions presented in an SOQ are not to be considered incorporated into the contract between the City and the selected submitter unless and until the City agrees to accept such exceptions.

(3) The selected submitter must acknowledge and agree that the contract resulting from this RFQ includes the terms, conditions, and other provisions contained in the RFQ, the submittal provided in response to this RFQ (including any exceptions accepted by the City) which is acceptable to the City and is not in conflict or contravention of the RFQ, and any other documents mutually agreed upon by the City and the selected submitter.

(4) No oral statement of any person shall modify or otherwise change or affect the terms, conditions, or specifications stated in the RFQ or the resulting contract.

L. Cost to Develop Submission:

Costs for developing and assembling submissions in response to this solicitation are entirely the responsibility and obligation of the submitter and shall not be reimbursed in any manner by the City.

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VI. EVALUATION OF SUBMITTALS & AWARD OF CONTRACT

A. General Procedure:

The submitted SOQs will be initially reviewed and evaluated by a Project Review Committee. Each SOQ should be submitted as completely and accurately as possible. The City reserves the right to request additional information or clarifications, oral discussions, or presentations in support of the submitted SOQ. The City also reserves the right to allow corrections of errors or omissions.

B. Evaluation Criteria:

Firms meeting the mandatory criteria below will have their SOQs evaluated for technical quality. The following represent the principal selection criteria:

(1) Mandatory Elements:

(a) The firm is licensed or registered to practice in the State of Texas (if the professional services involved require licensing or registration).

(b) The firm has no conflict of interest with regard to any other work performed by the firm for the City of Waco.

(c) The firm adheres to the instructions in this RFQ on preparing and submitting the SOQ, including submission of forms in Appendix A.

C. Final Selection:

The Project Review Committee will determine, with City Manager’s Office review, whether to schedule oral interviews with firms. If interviews are requested, the submitters will have an opportunity to make a presentation and answer questions from the Project Review Committee.

Based on all information and reviews, the Statement of Qualifications submittals and oral interviews (if conducted) will be combined and presented to the City Manager’s Office. The City Manager’s Office shall establish the final list of the firms.

The City shall then seek to negotiate a contract with the firms listed as projects arise. If an agreement cannot be reached, efforts to negotiate a contract will then proceed with other listed firms. This process will be followed until a satisfactory contract can be negotiated.

D. Contract Award and Execution:

The final contract must be awarded and approved by the Waco City Council if the amount of the contract will exceed $50,000.00. If the contract is for less than that amount, depending on the amount, the contract may be executed by the City Manager, an Assistant City Manager, department head or director.

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(1) Qualification Form

(2) Sample Contract Agreement

(a) Exhibit A – Terms and Conditions

(b) Exhibit B – Drug-Free Workplace Act Certification

(c) Exhibit C – Disclosure Forms [CIQ and Charter Compliance]

RFQ 2025-038 Architect & Engineering Services for City of Waco

APPENDIX A

Required Forms

1. Company Information

QUALIFICATION FORM

Firm Name:

Business Address:

Remit-to Address, if different:

Tax Identification Number:

Contact Person:

Phone:

Email:_________________________________________________

2. Authorized Personnel State your firms’ personnel authorized to give representations regarding your qualifications statement or resulting contract, if any:

Name:

Email Address Phone Number

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

(initial to confirm)

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

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5. Design Areas Your firm has relevant experience and requests to be considered for architect or engineering work in the following areas (check all that apply):

Building/Facility

Landscape

Drainage

Electrical

Environmental

Geotechnical

Mechanical

Structural

Traffic Control & Analysis

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

Water and Wastewater Utilities Distribution and Collection

Water Treatment Plants and Pump Stations Wastewater

Treatment Plants and Lift Stations

Other (state below):

6. Authorization

Authorized Signature:

Print Name:

Title:

Date:

RFQ 2025-038 Architect & Engineering Services for City of Waco Page 15 of 41

CONTRACT FOR ARCHITECT OR ENGINEERING SERVICES

THE STATE OF TEXAS §

§ KNOW ALL BY THESE PRESENTS:

COUNTY OF McLENNAN §

THIS CONTRACT (“the Contract”) is made by and between the CITY OF WACO, TEXAS, hereinafter called the "CITY," and VENDOR NAME, hereinafter called the

"ARCHITECT" OR "ENGINEER."

In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows:

1. SERVICES TO BE PERFORMED

1.1. The City hereby employs the Architect or Engineer, and the Architect or Engineer agrees to perform the necessary services that may be generally described as DESCRIBE SERVICES in connection with the PROJECT NAME (the “Project”) and said services are described more fully in the Exhibit D. This Contract shall become effective upon execution by both parties. The time frame to perform the work shall be as provided in Exhibit D.

2. TERMS OF CONTRACT

2.1 This Contract is subject to and incorporates, as if fully set forth herein, the terms and conditions of the document attached hereto and marked Exhibit A entitled "Terms and Conditions," which shall control over any other terms or conditions.

3. PAYMENTS

3.1. For the services described under Exhibit D, the City agrees to pay the Architect or Engineer as follows:

3.1.1 For the DESCRIBE SERVICES TO BE PAID LUMP SUM as set forth in Exhibit D, the City agrees to pay the Architect or Engineer a total lump sum fee not to exceed LUMP SUM AMOUNT ($) as set forth in Exhibit D.

3.1.2 For DESCRIBE SERVICES TO BE PAID ON HOURLY BASIS as set forth in Exhibit D, the City agrees to pay the Architect or Engineer a total fee not to exceed HOURLY BASIS AMOUNT ($) , which will be paid on an hourly basis for the actual time accrued for the work.

3.1.3 The total amount to be paid to Architect or Engineer under this Contract, shall not exceed TOTAL NOT TO EXCEED AMOUNT ($).

3.2. Invoices will be submitted to the City of Waco on a monthly basis as provided in Exhibit A. All books, records, and accounts of Architect or Engineer related to this project shall be kept on the basis of generally accepted accounting principles and shall be open for inspection by the City or the City's authorized

RFQ 2025-038 Architect & Engineering Services for City of Waco Page 16 of 41 representative at all reasonable times. Architect or Engineer shall keep such records for at least three (3) years following completion of the Project.

4. MISCELLANEOUS PROVISIONS

4.1 Standard of Care: As a contract for Architect or Engineering services with a governmental agency, the Architect or Engineer shall perform services with the professional skill and care ordinarily provided by competent Architect or Engineers practicing in the same or similar locality and under the same or similar circumstances and professional license and as expeditiously as is prudent considering the ordinary professional skill and care of a competent Architect or Engineer.

4. 2 Force Majeure: Neither party to this Contract shall be responsible for any delays or failure to perform any provision of this Contract (other than payment obligations) due to acts of God, strikes or other disturbances, pandemics/epidemics, war, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, or other causes beyond the control of such party. In the event of a delay that results from a force majeure event and/or a circumstance outside the control of Architect or Engineer, Architect or Engineer shall be entitled to receive an extension of any deadlines for a period commensurate with the duration of the delay.

4.3 Venue: Venue for any lawsuit involving this Contract shall be in McLennan County, Texas.

4.4 Choice of Law: This Contract is governed by the laws of the State of Texas.

4.5 Entire Contract: This Contract constitutes the entire agreement between City and Architect or Engineer, and all negotiations and all understandings between the Parties are merged herein. The terms and conditions of this Contract specifically replace and supersede any prior discussions, terms, documents, correspondence, conversations, or other written or oral understanding not contained herein or specifically adopted by reference.

4.6 Arrears of taxes offset to debt against city: The City of Waco Home Rule Charter in Section 8 of Article VIII provides:

The City shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the City to any person, firm or corporation who is in arrears to the City of Waco for taxes, in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due, shall affect the right of the City to so offset the said taxes against the same.

4.7 Partial Invalidity: If any term, provision, covenant, or condition of this Contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

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4.8 Survival: Any provisions which by their terms survive the termination of this Contract shall bind its legal representatives, heirs, and assigns as set forth herein.

4.9 Assignment: Architect or Engineer shall not assign, transfer, or encumber any right or interest in this Contract, in whole or in part, without prior written approval of City.

4.10 Notices: Each notice to City shall be sent to the designated City Representative and each notice to Architect or Engineer shall be sent to the designated Architect or Engineer’s Representative or their designees as outlined in this Contract.

Each formal notice required by the terms of this Contract shall be in writing and sent by facsimile, telex, courier or by registered or certified mail.

4.11 Benefits: This Contract shall bind, and the benefits thereof shall inure to the respective parties hereto, their heirs, legal representative, executors, administrators, successors, and assigns.

4.12 Amendments: This Contract can be supplemented and/or amended only by a dated written document executed by both parties.

4.13 Gender: Words of any gender used in this Contract shall be held and construed to include any other gender and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise.

4.14 Exhibits: All exhibits described in this Contract are attached hereto and incorporated herein by reference for all purposes. Exhibits attached to this Contract are:

4.14.1 Exhibit A – Terms and Conditions

4.14.2 Exhibit B – Drug-Free Workplace Act Certification

4.14.3 Exhibit C – Disclosure Forms [CIQ and Charter Compliance]

4.14.4 Exhibit D – Scope of Services

4.15 Multiple Copies: This Contract may be executed in multiple counterparts each of which constitutes an original.

4.16 Article and Section Headings: The Article and Section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Contract.

4.17 Misspelled Words: Misspelling of one or more words in this Contract shall not void this Contract. Such misspelled words shall be read so as to have the meaning apparently intended by the parties.

Executed this day of , 2025.

[Signatures on next page]

RFQ 2025-038 Architect & Engineering Services for City of Waco Page 18 of 41

CITY OF WACO, TEXAS

BY:

Bradley Ford, City Manager

APPROVED:

NAME, Director of DEPARTMENT

ATTEST:

Michelle Hicks, City Secretary

APPROVED AS TO FORM &

LEGALITY:

VENDOR NAME

("Architect or Engineer")

By:

Signature

Print Name:

Print Title:

ATTEST/WITNESS:

Signature

Print Name:

Print Title:

NAME, (Assistant) City Attorney

RFQ 2025-038 Architect & Engineering Services for City of Waco Page 19 of 41

ACKNOWLEDGMENT

THE STATE OF TEXAS §

COUNTY OF §

BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared , , of , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of , a

, that he was duly authorized to perform the same by appropriate resolution of the board of directors of said corporation and that he executed the same as the act of the said company for purposes and consideration therein expressed, and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D., 202 .

Notary Public In and For the State of Texas

RFQ 2025-038 Architect & Engineering Services for City of Waco Page 20 of 41

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EXHIBIT A

TERMS AND CONDITIONS

1. City representative. The CITY REPRESENTATIVE BY TITLE (e.g., Director of Public Works) for the City, and such other and additional persons as City may designate in writing, shall be City's representative(s) and shall act for City in all matters concerning the project, including transmittal of instructions, receiving information, and interpreting and defining City policies and decisions with respect to the materials, equipment, elements, and systems of the project. City shall not be bound by the actions or representations of any other employee(s) or agent(s) of City.

2. Submitting invoices.

(a) In the event invoices are submitted or otherwise used pursuant to this Contract or project, the billing party shall present invoices in the following form and content:

(1) each invoice must reference the City of Waco project name or project number;

(2) only one contract or project shall be billed on a particular invoice;

(3) only one invoice per every thirty (30) days per contract or project may be submitted;

(4) each invoice must have a billing number which reflects in sequence the number of invoices that have been previously submitted on the Contract or project;

(5) Such information required herein must be submitted only on an invoice and not in any other non-invoice form or document.

(6) Each invoice will show the following:

i) “Total Contract” amount;

ii) “Total of Work Completed to Date”;

iii) “Total Fee Previously Billed” and,

iv) “Invoice Total,” which is calculated by subtracting (iii) from (ii).

(7) If an invoice includes direct expenses, an itemized list of those expenses shall be included.

(b) The invoice requirements stated herein shall not be read to disallow or exclude other information that may be otherwise required or requested by City.

3. Changes in services. City may from time to time request changes in the scope of the services of Architect or Engineer to be performed hereunder. Such changes, including any increase or decrease in the amount of Architect or Engineer's compensation, which are mutually agreed upon by and between City and Architect or Engineer shall be incorporated in written amendments to the Contract. Such amendments may require approval of other agencies, departments, or governmental bodies.

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4. Personnel.

(a) Architect or Engineer represents that it has, or will secure at its expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of City.

(b) All the services required hereunder will be performed by Architect or Engineer or under its supervision, and all personnel engaged in the services shall be authorized or permitted under state and local law to perform such services.

(c) No person who is serving sentence in a penal or correctional institution shall be employed on services under this Contract.

5. Anti-Kickback Rules. Salaries of architects, draftsmen, technical Architect or Engineers, and technicians performing services under this Contract shall be paid unconditionally and not less often than once a month without deductions except as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act," of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18.

U.S.C., section 874; and Title 40 U.S.C., Section 276C). Architect or Engineer shall comply with all subcontracts covering services under this Contract to insure compliance by subcontractors with such regulations and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemption from the requirements thereof.

6. Withholding of Salaries. If, in the performance of this Contract, there is any underpayment of salaries by Architect or Engineer or by any subcontractors thereunder, City shall withhold from Architect or Engineer out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by City for and on account of Architect or Engineer or subcontractor of the respective employees to whom they are due.

7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classifications of architects, draftsmen, technical Architect or Engineers, and technicians performing services under this Contract shall be promptly reported in writing by Architect or Engineer to City for a City decision, which shall be final with respect thereto.

8. Civil Rights and Equal Employment Opportunity

(a) Architect or Engineer, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, religion, sex, gender identity or expression, sexual orientation, national origin, age, disability, genetic information, pregnancy, veteran status, or any other legally protected status under applicable federal, state, and local laws.

(b) Equal Employment Opportunity: Architect or Engineer agrees that during the performance of this Contract it will:

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(i) Treat all applicants and employees without discrimination as to race, color, religion, sex, gender identity or expression, sexual orientation, national origin, marital status, age, disability, genetic information, pregnancy, veteran status, or any other legal protected status under applicable federal, state, and local laws.

(ii) Identify itself as an "Equal Opportunity Employer" in all help wanted advertising or requests. Architect or Engineer shall be advised of any complaints filed with the City alleging that Architect or Engineer is not an Equal Opportunity Employer. City reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not to terminate any portion of this Contract for which purchase orders or authorities to deliver have not been included, however, Architect or Engineer is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this Contract for which a purchase order has been issued or authority to deliver granted.

9. Discrimination Because of Certain Labor Matters. No person employed on the services covered by this Contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceedings or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer.

10. Compliance with Laws. Architect or Engineer shall comply with all applicable laws, ordinances, and codes of the state, federal, and local governments and shall commit no trespass on any public or private property in performing any of the services embraced by this Contract.

11. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of City. Architect or Engineer shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons, whether directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by Architect or Engineer. Architect or Engineer shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract.

12. Assignment. Architect or Engineer shall not assign, sublet, or transfer its interests in this Contract (whether by assignment or novation) without the prior written approval of City;

provided, however, that claims for money due, or to become due, Architect or Engineer from City under this Contract may be assigned to a bank, trust company, other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to City.

13. Successors. City and Architect or Engineer each binds itself, its successors, executors, administrators, and assigns, to the other party in respect to all covenants of this Contract, unless otherwise excepted herein.

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14. No interests by parties.

(a) Members of City. No member of the governing body of City, and no other officer, employee, or agent of City who exercises any functions or responsibility in connection with the carrying out of the project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract.

(b) Other local public officials. No member of the governing body of the locality in which the project to which this Contract pertains is located and no other public official of such locality who exercises any functions or responsibilities in the review or approval of the carrying out of the project shall have any personal interest, direct or indirect, in this Contract.

(c) Certain federal officials. No members of, or delegate to, the Congress of the United States and no resident commissioner shall be admitted to any share or part of this Contract or to any benefit to arise therefrom.

(d) Architect or Engineer. Architect or Engineer covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in the above described project, or any parcels therein, or any other interest which would conflict in any manner or degree with any of the performance of the service hereunder. Architect or Engineer further covenants that in the performance of this Contract no person having any such interest shall be employed.

15. Findings confidential. All of the reports, drawings, maps, documentation, data, and other information prepared or assembled by Architect or Engineer under this Contract are confidential, and Architect or Engineer agrees that they shall not be made available to any individual or organization without the prior written approval of City.

16. Insurance.

(a) The financial integrity of an ARCHITECT OR ENGINEER contracting with the City of Waco is of interest to the City. Therefore, subject to Architect or Engineer’s right to maintain reasonable deductibles, Architect or Engineer shall obtain and maintain in full force and effect for the duration of the contract, and any extension hereof, at Architect or Engineer’s sole expense, insurance coverage written on an occurrence basis by companies authorized to do business in the State of Texas that are rated A- or better by A.M. Best Company and/or otherwise acceptable to the City in the following types and amounts:

Type Amount

Workers' Compensation Statutory

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Employer’s Liability $1,000,000/$1,000,000/$1,000,000

Type Amount

Commercial General Liability Including:

Premises/Operations Independent Architect or Engineers

(Architect or Engineers only) Products Liability/Completed

Operations Personal & Advertising Injury Broad form property damage, to include fire legal liability

$1,000,000 per occurrence; $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage

Business Automobile Liability

a. Owned/leased vehicles

b. Non-owned vehicles

c. Hired vehicles

$1,000,000 per occurrence or its equivalent on a combined single limit (CSL basis).

Professional Liability (Claims Made Form)

$1,000,000

(b) Term of Policy: With regard to any approved claims-made policy form, Architect or Engineer shall maintain and keep in force and effect said coverage during the term of this contract and for a period of seven (7) years following the expiration or completion of the contract with the City, either through an existing carrier or a carrier of comparable financial statute and reputation.

(c) Modification of Insurance Requirement: The City reserves the right to review these insurance requirements during the effective period of the contract and any extension or renewal and to modify insurance coverages and their limits when deemed necessary and prudent by City’s Risk Manager or designee, based upon changes in statutory law, court decisions, or circumstances surrounding this contract.

(d) Proof of Insurance Required.

(1) Examination & Approval. All insurance policies shall be subject to the examination and approval of the City for their adequacy as to form and content, form of protection, and financial status of insurance company.

(2) When to Submit. Prior to the execution of the contract by the City of Waco and before commencement of any work under this contract, Architect or Engineer shall furnish proof of insurance to the City’s Risk Manager which is clearly labeled with the contract name and City department. The proof will include completed/current Certificate(s) of Insurance, endorsements, exclusions, and/or relevant extracts from the insurance policy, or copies of policies. Thereafter, new

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6 Exhibit A -certificates, policy endorsements, exclusions, and/or relevant extracts from insurance policies, or policies shall be provided prior to the expiration date of any prior certificate, endorsement, or policy. No officer or employee other than the City’s Risk Manager or designee shall have authority to waive this requirement.

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(3) Additional Insured. Except for Workers’ Compensation, Employers’ Liability, and Professional Liability Insurance, the City, its elected officials, officers, servants, agents, volunteers and employees shall be named as additional insureds. No officer or employee, other than the City Risk Manager or designee, shall have authority to waive this requirement.

(4) Other-Insurance Endorsement -- All insurance policies are to contain or be endorsed to state that an “Other Insurance” clause shall not apply to the City where the City is an additional insured shown on…