1-01 W2026-02 Solicitation Docs.pdf

Request for Qualification

Solicitation No. W2026-02 for

City Engineering Firm Plan Review Services

Christopher Rodriguez – Purchasing Manager Chris.rodrogiez@wylietexas.gov

BIDS ARE DUE ELECTRONICALLY:

October 15, 2025 prior to 3:00 PM CDT mailto:Chris.rodrogiez@wylietexas.gov

GGeneral Terms and Conditions of Procurements

General Terms and Conditions Page 1 of 8

GENERAL

APPLICABLE TO ANY PROCUREMENT OF PRODUCTS OR SERVICES BY THE CITY.BID ADVERTISING and NOTIFICATIONS:

The City of Wylie (“the City”) utilizes the following procedures for advertising of bid opportunities: the Wylie News: www.wylienews.com, and are published online through the City’s electronic bidding partner : . The City shall not be responsible for receipt of notification and information from any source other than that listed. It shall be the bidder’s responsibility to verify the validity of all bid information received by sources other than those listed.

ETHICS: The bidder shall not offer or accept gifts of anything of value nor enter into any business arrangement with any employee, official or agent of the City of Wylie.

REQUIRED INFORMATION: City of Wylie (City) bids and proposals contain various sections requiring completion. All required information must be completed prior to the due date and time indicated and included with the submission or the bidder may be found non-responsive. The vendor acknowledges that additional information may be required in a timely manner, prior to Council award, may be used by the City in determining a vendor’s responsibility.

MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate their responsibility. The City may request representation and other information sufficient to determine the bidder’s ability to meet these minimum standards including but not limited to:

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

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

Have a satisfactory record of performance;

Have a satisfactory record of integrity and ethics;

Otherwise qualified and eligible to receive an award Must have a current Certificate of Filing through the Texas Secretary of State Office at the time of bid submission (Texas Business Organization Code;

Chapter 9)

CORRESPONDENCE: The number of the project must appear on all correspondence, or inquiries, pertaining to this procurement.

PREPARATION COST: The City will not be liable for any costs associated with the preparation, transmittal, or presentation of any bids or materials submitted in response to any bid, quotation, or proposal.

NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the bid process shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records.

ADDENDA: Any interpretations, corrections or changes to this procurement will be made by addenda. The sole issuing authority shall be vested in the City of Wylie Purchasing Division. Addenda will be made available to all who are known to have received a copy of this bid, if the addenda contain changes to the “specification” or “bid form”, bidders shall acknowledge receipt of all addenda or they may be declared non-responsive.

NON-RESIDENT BIDDERS: Texas Government Code, Chapter 2252: Non-Resident Bidders. Texas law prohibits City and governmental units from awarding contracts to a non-resident unless the amount of such bid is lower than the lowest bid by a Texas resident by the amount a Texas resident would be required to underbid in the non-resident bidder’s state.

INSURANCE: The City requires vendor(s) to carry the minimum insurance as required by state laws, and insurance requirements as outlined in the solicitation documents. The awarded vendor must submit endorsement pages as well as insurance certificates.

NO PROHIBITED INTEREST: Bidder acknowledges and represents that they are aware of the laws, City Charter regarding conflicts of interest. The City Charter states that “no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or service…..”.

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

13. SAMPLES: Any catalog, brand name, or manufacturer’s reference in this procurement are descriptive and not restrictive, and are used to indicate type and quality level desired for comparison purposes unless specifically excluded. If the item offered is other than as indicated, the bidder must state the make, model, and part number of the product quoted. Equality will be determined by the City, per the specifications. Samples, if required, shall be furnished free of expense to the City. Samples should not be enclosed with the bid unless requested.

14. TESTING: Testing may be performed at the request of the City or any participating entity, by an agent so designated, without expense to the City.

15. PRICING: Price(s) quoted within submission, must be held firm for one-hundred and eighty (180) days to allow for evaluation unless otherwise stated in this document.

16. ERROR-QUANTITY: Bid price must be submitted on units of the quantity specified, extended, and total shown. In the event of discrepancies in extended cost, the unit price shall govern.

17. WARRANTY/GUARANTEE LAWS AND REGULATIONS: By submittal of this bid, in addition to the guarantees and warranties provided by law, the vendor expressly guarantees and warrants as follows:

a. That the articles to be delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for the articles and that the vendor will bear the cost of inspecting and/or testing articles rejected.

General Terms and Conditions Page 2 of 8

b. That the articles to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright, and that the vendor will, at vendor’s own expense, defend any and all actions or suits charging such infringement and will save and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising therefrom.

c. That the articles to be delivered hereunder will be manufactured, sold and/or installed in compliance with the provisions of all applicable federal, state and local laws and regulations.

d. That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the City.

18. PACKAGING: Unless otherwise indicated, items shall be new, unused, and in the first-rate condition in containers suitable for damage-free shipment and storage.

19. SHIPMENT/TITLE/RISK OF LOSS: Quotations shall be bid F.O.B. delivered, designated location, and shall include all delivery and packaging costs.

The title and risk of loss of goods shall not pass to the City until the City actually receives and takes possession of the goods at the point(s) of delivery. The City assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage.

20. DELIVERY PROMISE – PENALTIES: Quotations must show the number of calendar days required to place the materials in the possession of the City (do not quote shipping dates) and deliveries will be accepted only during normal working hours at the designated location. When delivery delay can be foreseen, the bidder shall give prior notice to the Purchasing Department, who shall have the right to extend the delivery date if reasons for delay appear acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes the Purchasing Department to purchase goods elsewhere and charge any increase in cost and handling to the defaulting bidder.

21. ELECTRONIC SIGNATURE – UNIFORM ELECTRONIC TRANSACTION ACT: The City adopts Vernon Texas’ Statutes and Codes, Annotated Business and Commerce Code Chapter 43. Uniform Electronic Transaction Act, allowing individuals, companies, and governmental entities to lawfully use and rely on electronic signatures.

22. PRESENTATION OF PAPER BIDS: All paper bids must be presented to the Purchasing Department in a sealed envelope and clearly marked with the Bid Number, Title, and Due Date.

23. ALTERING BIDS: Bid pricing cannot be altered or amended after the submission deadline. Any inter-lineation alteration or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity.

24. LATE BIDS: Any bid received in the Purchasing Department after submission deadline shall be returned unopened and will be considered void and unacceptable. The City is not responsible for the lateness of mail carriers, weather conditions, etc.

25. WITHDRAWAL OF BIDS: Bids filed with the City may be withdrawn, modified and/or resubmitted prior to the due date and time set in the bid specifications. Bidder agrees that once opened, a bid price may not be withdrawn or canceled by the bidder for a period of one-hundred and eighty (180) days following the date designated for the receipt of bids without the written approval of the City.

26. BID OPENINGS: All bids submitted will be read at the City’s regularly scheduled bid opening for the designated project. However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as an indication that the City accepts such bid as responsive. The City will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City Purchasing guidelines, and project documents, including but not limited to the bid/proposal specifications and required submittal documents. The City will notify the successful bidder upon award of the contract and, according to state law, all bids received will be available for inspection at that time.

27. MINOR DEFECT: The City reserves the right to waive any minor defect, irregularity, or informality in any bid. The City may also reject any or all bids without cause prior to award.

28. EVALUATION: All bids and proposals will be evaluated as outlined in the bid/proposal document.

29. SPLIT AWARD: The City reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the entire bid.

The City reserves the right to take into consideration contract administration costs for multiple-award contracts when determining low bids.

30. PROTESTS: All protests regarding the bid solicitation process must be submitted in writing to the Purchasing Agent within five (5) working days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications. The limitation does not include protests relating to staff recommendations as to the award of this bid. Protests relating to staff recommendations may be directed to the City Council by contacting the City Secretary prior to Council award. All staff recommendations will be made available for public review at the City’s website 72 hours prior to the meeting of the City Council under the terms of the Texas Opening Meeting Act (http://www.wylietexas.gov/city_government/boards_agendas_and_minutes/city_council3.php).

II. BONDING, PURCHASE ORDERS, AND PAYMENTS:

1. BID SECURITY/BOND REQUIREMENTS: All bond requirements will be outlined in the bid specifications. If required, bid security shall be submitted with bids. Any bid submitted without bid bond, or cashiers/certified check, shall be considered non-responsive and will not be considered for award.

Performance and payments bonds, when required, shall be submitted (along with power of attorney), to the City prior to commencement of any work pursuant to the agreement provisions.

A BOND REQUIRED BY THIS SECTION MUST BE EXECUTED BY A CORPORATE SURETY IN ACCORDANCE WITH SECTION 1, CHAPTER 87, ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 (ARTICLE 7.19-1, VERNON'S TEXAS INSURANCE CODE). A BOND REQUIRED UNDER THIS SECTION MUST B E CLEARLY AND PROMINENTLY DISPLAYED ON THE BOND OR ON AN ATTACHMENT TO THE BOND: THE NAME, MAILING ADDRESS, PHYSICAL ADDRESS, AND TELEPHONE NUMBER, INCLUDING THE AREA CODE, OF

THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT.

General Terms and Conditions Page 3 of 8

2. FUNDING: The contractor recognizes that any contract shall commence upon the effective date and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Wylie, which fiscal year ends on September 30th of each year, shall be subject to Wylie City Council approval. In the event that the Wylie City Council does not approve the appropriation of funds for the contract, the contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder.

3. ADDITIONAL TERMS: Notwithstanding acceptance by the City of the goods or services resulting from an award, no additional terms or conditions of the vendor, whether contained within vendor’s invoice or otherwise, shall be accepted by City.

4. PURCHASE ORDERS: A purchase order(s) shall be generated by the City to the successful vendor. The purchase order number must appear on all itemized invoices and packing slips. The City will not be held responsible for any work orders placed and/or performed without a valid current purchase order number.

5. PRICE ESCALATION: Price escalations may be permitted by the City during the term of the contract. All requests for price escalation shall be in written form and shall demonstrate industry-wide or regional increases in the contractor’s costs. Include documents supporting the price escalation, such as manufacturer’s direct cost, postage rates, railroad commission rates, federal/state minimum wage laws, federal/state unemployment taxes, FICA, etc. Increases will apply only to the products(s) and/or service(s) affected by an increase in raw material, labor, or another like cost factor. The City reserves the right to accept or reject any/all price escalations.

6. PRICE REDUCTION: If during the life of the contract, the contractor’s net prices to other customers for the same product(s) and/or service(s) are lower than the City’s contracted prices, an equitable adjustment shall be made in the contract price.

7. INVOICING: Invoices shall be submitted to the City of Wylie, Accounts Payable, 300 Country Club Rd, Wylie, TX 75098.

8. PAYMENT TERMS: Net thirty (30) days in accordance with the Texas Prompt Payment Act (Texas Government Code, Chapter 2251), unless otherwise specified by the City in the bid.

9. TAXES: The City is exempt from federal manufacturer’s excise and state sales and use tax under Section 151 of the Texas Tax Code. Tax must not be included in the bid. Tax exemption certificates will be executed by the City and furnished upon request, and the contractor shall comply with all provisions of Section 151.309.

10. DELINQUENT TAXES: Section 2-2 of the City Code of Ordinances prohibits the payment of public funds to persons that owe delinquent taxes to the City of Wylie. Therefore, payment to a contractor for goods or services provided to the City under contract or Purchase Order may be withheld in the event the contractor owes delinquent taxes to the City.

III. CONTRACT:

1. INTERLOCAL AGREEMENT: Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of Wylie.

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

3. ASSIGNMENT: The contractor shall not sell, assign, transfer or convey this contract in whole, or part, without the prior written consent of the Purchasing Department.

4. AUDIT: The City reserves the right to audit the records and performance of the contractor during the contract and for three (3) years thereafter or as specified.

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

6. INDEMNIFICATION: CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS (INCLUDING PATENT, COPYRIGHT AND TRADEMARK INFRINGEMENTS), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL WRONGFUL ACT AND/OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FOR WHOM CONSULTANT IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY CONSULTANT PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER “CLAIMS”). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM “CLAIMS” IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN CONSULTANT AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR’S OR EMPLOYEE’S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONSULTANT, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS’ COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. CONSULTANT IS EXPRESSLY REQUIRED TO DEFEND

General Terms and Conditions Page 4 of 8

CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, THEN CONSULTANT IS NOT REQUIRED TO INDEMNIFY

THE CITY TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE CITY.

IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY CONSULTANT IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. THE CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY THE CITY IS NOT TO BE CONSTRUED AS A WAIVER OF THE CONSULTANT’S OBLIGATION TO DEFEND THE CITY OR AS A WAIVER OF THE CONSULTANT’S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. CONSULTANT SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY’S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF THE CONSULTANT FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND THE CONSULTANT SHALL BE LIABLE

FOR ALL COSTS INCURRED BY THE CITY.

IN ADDITION TO THE CONTRACTOR’S INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION AND DEFENSE REQUIREMENTS HEREIN, IF AN INFRINGEMENT CLAIM OCCURS, OR IN THE CONTRACTOR'S OPINION IS LIKELY TO OCCUR, THE CONTRACTOR SHALL, AT ITS EXPENSE: (A) PROCURE FOR THE CITY THE RIGHT TO CONTINUE USING THE PRODUCT; (B) REPLACE OR MODIFY THE PRODUCT SO THAT IT BECOMES NON-INFRINGING WHILE PROVIDING FUNCTIONALLY EQUIVALENT PERFORMANCE; OR (C) ACCEPT THE RETURN OF THE PRODUCT AND GRANT CITY A REIMBURSEMENT FOR THE PRODUCT. THE CONTRACTOR WILL PROCEED UNDER SUBSECTION (C) ABOVE ONLY IF SUBSECTIONS (A) AND (B) PROVE TO

BE COMMERCIALLY UNREASONABLE.

THE INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION HEREIN APPLIES TO ALL PRODUCTS PROVIDED, SUPPLIED OR SOLD UNDER THIS AGREEMENT BY THE CONTRACTOR TO THE CITY WHETHER MANUFACTURED BY THE CONTRACTOR OR A THIRD PARTY. THE CONTRACTOR REPRESENTS THAT, TO THE BEST OF ITS KNOWLEDGE, THE CITY’S USE OF PRODUCTS THAT ARE PROVIDED SUPPLIED, OR SOLD BY THE CONTRACTOR TO THE CITY AS PART OF THIS AGREEMENT DOES NOT CONSTITUTE AN INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS AND THE CITY HAS THE LEGAL RIGHT TO USE SAID PRODUCTS. THE CITY ENTERS INTO THIS AGREEMENT RELYING ON THIS REPRESENTATION.

THE INDEMNIFICATION HEREIN SURVIVES THE TERMINATION OF THE CONTRACT AND/OR DISSOLUTION OF THIS

AGREEMENT INCLUDING ANY INFRINGEMENT CURE PROVIDED BY THE CONTRACTOR.

7. TERMINATION and DEFAULT: The City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this contract, terminate further work in whole or in part by giving at least thirty (30) days prior written notice to Contractor with the understanding that all services being terminated shall cease upon the date as indicated. The City also reserves the right to enforce the performance of the contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of the contract.

The City reserves the right to terminate the contract immediately in the event the contractor fails to 1) meet delivery schedules or, 2) otherwise perform in accordance with these specifications. Breach of contract or default authorizes the City to award the contract to another contractor, purchase elsewhere and charge the full increase in cost and handling to the defaulting contractor.

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

9. VENUE: This agreement will be governed and constructed according to the laws of the state of Texas. This agreement is performable in Collin County, Texas. The exclusive venue shall be in Collin County, Texas.

IV. FEDERAL AND FEMA CONTRACT PROVISIONS (2 C.F.R. '200.327)

By submitting a response to this invitation for bid, request for proposal, limited solicitation, or acceptance of a contract, the contractor/ vendor agrees to acceptance of the following Federal Terms and Conditions along with all other provisions that are specific to this solicitation or contract as applicable.

NO EXCEPTIONS TO THE LISTED FEDERAL TERMS AND CONDITIONS WILL BE CONSIDERED. THE CITY IS NOT PERMITTED TO ALTER

THESE TERMS AND CONDITIONS THROUGH FEDERAL PARTNER.

1. Nondiscrimination Contractor agrees that no person shall be denied benefits of, or otherwise be subjected to discrimination in connection with the Contractor's performance under this contract, on the ground of race, religion, color, national origin, sex or handicap. Accordingly, and to the extent applicable, the Contractor agrees to comply with the following national policies prohibiting discrimination:

On the basis of race, color or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.) as implemented by DoD regulations at 32 CFR part 195.

On the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin, in Executive Order 11246 {3 CFR, 1964-1965 Comp. pg. 339}, as implemented by Department of Labor regulations at 41 CFR part 60.

On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.), as implemented by DoD regulations at 32 CFR part 196.

On the basis of age, in The Age Discrimination Act of 1975 (42 U.S.C. Section 6101 et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR part 90.

On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR part 56.

2. Compliance with the Davis-Bacon Act

General Terms and Conditions Page 5 of 8

All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, contractors are required to pay wages not less than once a week. All rulings and interpretations of the Davis–Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

3. Compliance with Copeland Act Requirements The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the applicable federal agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

4. Lobbying Contractor agrees that it will not expend any funds appropriated by Congress to pay any person for influencing or attempting to influence an officer or employee of any agency, or a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract;

the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; and, the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. The Final Rule, New Restrictions on Lobbying, issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 28) to implement the provisions of Section 319 of Public Law 101-121 (31 U.S.C. Section 1352) is incorporated by reference and the City agrees to comply with all the provisions thereof, including any amendments to the Interim Final Rule that may hereafter be issued.

5. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) All contractors and subcontractors are prohibited from the use of federal appropriated funds to influence officers or employees of the federal government.

Contractors that bid for an award exceeding $100,000 must file the required certification for lobbying. The required certification form is found in FEMA regulations Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal funding/ award. Such disclosures are forwarded from tier to tier, all the way up to the federal awarding agency.

6. Program Fraud and False or Fraudulent Statements or Related Acts.

The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) may apply to the contractor’s actions pertaining to this contract. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

7. No Obligation by Federal Government.

The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

8. Compliance with Federal Law, Regulations, and Executive Orders.

This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

9. Drug Free Work Place Contractor agrees to comply with the requirements regarding drug-free workplace requirements in Subpart B of 32 CFR part 26, which implements sec.

5151-5160 of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.).

10. Access to Records The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to provide any authorized FEMA Administrator/ representatives access to construction or other work sites pertaining to the work being completed under the contract. In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the government. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

11. Compliance with Contract Work Hours and Safety Standards Act Overtime requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth herein, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

Withholding for unpaid wages and liquidated damages: The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under

General Terms and Conditions Page 6 of 8 any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

12. Debarment and Suspension Contractor is subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR Part 180.

These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). This certification is a material representation of fact relied upon by the City. Contractor agrees to comply with the DOD implementation of 2 CFR part 180 (at 2 CFR 1125) by checking the Excluded Parties List System (EPLS) at the current OMB website to verify (sub)contractor eligibility to receive contracts and subcontracts resulting from this Agreement. This verification shall be documented in the Contractors contract files, and shall be subject to audit by Federal and State audit agencies.

13. System for Award Management and Data Universal Numbering Requirements Contractor agrees to comply with the System for Award Management and Data Universal Numbering. Contractor must provide DUNS number to the City. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun & Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the internet (currently at http://fedgov.dnb.com/webform)

14. Environmental Protection

(A) Contractor agrees that its performance under this contract shall comply with:

i. The requirements of Section 114 of the Clean Air Act (42 U.S.C. Section 7414);

ii. Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section 1318), that relates generally to inspection, monitoring, entry reports, and information, and with all regulations and guidelines issued thereunder;

iii. The Resources Conservation and Recovery Act (RCRA);

iv. The Comprehensive Environmental Response, Compensation and Liabilities Act (CERCLA);

v. The National Environmental Policy Act (NEPA);

vi. The Solid Waste Disposal Act (SWDA);

vii. The applicable provisions of the Clean Air Act (42 U.S.C. 7401, et seq.) and Clean Water Act (33 U.S.C. 1251, et seq.), as implemented by

Executive Order 11738 and Environmental Protection Agency (EPA) rules at 40 CFR Part 31;

viii. To identify any impact this contract may have on the quality of the human environment and provide help as needed to comply with the

National Environmental Policy Act (NEPA, at 42 U.S.C. 4321, et seq.) and any applicable federal, state or local environmental regulation.

(B) In accordance with the EPA rules, the parties further agree that the Contractor/Vendor shall also identify to the state any impact this contract may have on:

i. The quality of the human environment and provide help the agency may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C 4321, et seq.) and to prepare Environment Impact Statements or other required environmental documentation. In such cases, the recipient agrees to take no action that will have an adverse environmental impact (e.g., physical disturbance of a site such as breaking of ground) until the agency provides written notification of compliance with the environmental impact analysis process.

ii. Flood-prone areas, and provide help the agency may need to comply with the National Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 U.S.C. 4001, et seq.), which require flood insurance, when available, for federally assisted construction or acquisition in flood-prone areas.

iii. Coastal zones, and provide help the agency may need to comply with the Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), concerning protection of U.S. coastal resources.

iv. Coastal barriers, and provide help the agency may need to comply with the Coastal Barriers Resource Act (16 U.S.C. 3501 et seq.), concerning preservation of barrier resources.

v. Any existing or proposed component of the National Wild and Scenic Rivers System, and provide help the agency may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.).

vi. Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source, and provide help the agency may need to comply with the Safe Drinking Water Act (42 U.S.C 300H-3).

15. Buy American Act Contractor agrees that it will not expend any funds appropriated by Congress without complying with The Buy American Act (41 U.S.C. 10a et seq).

The Buy American Act gives preference to domestic end products and domestic construction material. In addition, the Memorandum of Understanding between the United States of America and the European Economic Community (EEC) on Government Procurement, and the North American Free Trade Agreement (NAFTA), provide that EEC and NAFTA end products and construction materials are exempted from application of the Buy American Act.

16. Domestic Preferences for Procurements (2 C.F.R. Pt. 200, App. II (l); 2 C.F.R. § 200.322).

As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such

17. Copeland "Anti-Kickback" Act Contractor agrees that it will comply with the Copeland "Anti Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) and 40 U.S.C. § 3145, as may be applicable, which are incorporated by reference into this contract. The prime contractor shall be responsible

General Terms and Conditions Page 7 of 8 for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of this clause may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

18. Rights to Inventions Made Under a Contract or Agreement Any discovery or invention that arises during the course of the contract shall be reported to the non-Federal entity. Contractor/Vendor must comply with the requirements of 37 CFR Part 401 and any implementing regulations issued by the awarding agency.

19. Clean Air Act (42 U.S.C. 7401-7671q.) as Amended Any Contract or subcontract in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q). The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

20. Federal Water Pollution Control Act (33 U.S.C. 1251-1387) as Amended The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the pass-through entity, if applicable, Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

21. Procurement of Recovered Materials Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

Competitively within a timeframe providing for compliance with the contract performance schedule;

Meeting contract performance requirements; or At a reasonable price.

Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

22. Changes The cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.

23. 2 C.F.R. 200.326, Appendix II, Required Contract Clauses 2 C.F.R. 200.326, Appendix II, Required Contract Clauses are incorporated by reference as if set forth in full text and are made part of this agreement as applicable. Contractor shall comply with all applicable contract clauses and provide the same clauses in any subcontracts or purchase orders issued in support of this agreement with the City.

24. Remedies (2 C.F.R. Pt. 200, App. II (A)) The provisions of this shall apply to all contracts for more than the Simplified Acquisition Threshold (which amount is subject to inflation adjustment but is set at $250,000 as of October 1, 2020) that are funded by a Federal award (including a FEMA grant or cooperative agreement program). In addition to any remedies set forth in the Contract, and except as otherwise limited in the Contract, upon the breach of the Contract by Contractor, the City shall have such administrative, contractual, and legal remedies as are available to it pursuant to applicable law.

25. Termination for Cause and Convenience (2 C.F.R. Pt. 200, App. II (B)) In addition to the termination provisions provided in the Contract, the City may terminate the Contract for cause and/or for convenience. The Contract and the performance of work under the Contract may be terminated immediately by the City in whole or in part, in writing, at the convenience of the City for any reason or no reason. The City has the right to immediately terminate the Contract and the performance of work under the Contract, for default, whenever the City shall determine that the Contractor has failed to meet its performance requirements under the Contract, including, but not limited to, failing to make delivery of supplies, perform work, or perform any other provisions required pursuant to the Contract. Upon the City’s termination of the Contract, unless the Contractor is in breach of the Contract, the Contractor shall be paid for services rendered to the Owner’s satisfaction through the date of termination. After receipt of a termination notice and except as otherwise directed by the Owner, the Contractor shall: (i) stop work on the date and to the extent specified; (ii) use its best efforts to mitigate the cost of terminating the applicable work; (iii) terminate and settle all orders and subcontracts relating to the performance of the terminated work; (iv) transfer all work in process, completed work, and other material related to the terminated work to the Owner; and (v) continue and complete all parts of the work that have not been terminated.

26. Affirmative Socioeconomic Steps If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

27. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Contractor agrees it will not provide or use covered telecommunications equipment or services in the performance of this contract in compliance with 2 CFR 200.216. Subcontract: The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments.

28. Copyrights and Data Rights The Contractor grants to the Owner, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this Contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the Contract but not first produced in the performance of this Contract, the Contractor will identify such data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used

General Terms and Conditions Page 8 of 8 herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the Owner data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Owner.

29. Equal Employment Opportunity

(A) During the performance of this contract, the contractor agrees as follows:

The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship.