REQUEST FOR PROPOSAL

Project No. 2026-04

Project Name: Comprehensive Plan and Administration

Submissions Due Date:

Thursday, September 10, 2026, at 2:00 PM CST No submissions after the above deadline will be accepted

Questions Due Date:

Thursday, September 3, 2026, at 2:00 PM CST

Site Visit Scheduled:

N/A

CITY OF FREEPORT

1201 North Avenue H Freeport, TX 77541

979-233-3526

2026-04 – Comprehensive Plan and AdministraƟon Page 2 of 27

TABLE OF CONTENTS

SECTION 1: PUBLIC ADVERTISEMENT..……………………………………..……….3

SECTION 2: SCOPE OF WORK……………………..………………………………..……4

2.1 – Project Title

2.2 – Scope of Work

SECTION 3: NOTICE TO BIDDERS……………………………………………………

3.1 – Due Date

3.2 – Submissions

3.3 – QuesƟons

3.4 – Site Visit

3.5 – Required Contents

3.6 – EvaluaƟon Process and Criteria

SECTION 4: STANDARD TERMS AND CONDITIONS…….…………………..9-16

SECTION 5: SUBMISSION FORMS…………………………………………..……17-27

Appendix A – SubmiƩal Cover Sheet Form

Appendix B – Vendor IRS W-9 Form

Appendix C – Insurance Requirements Acknowledgement Form

Appendix D – References Form

Appendix E – Conflict of Interest Form

Appendix F – Non-Collusion Affidavit Form

Appendix G – CerƟficate of Interested ParƟes – Form 1295

Appendix H – VetHUB CerƟficaƟon (Veteran Heroes United in Business)

2026-04 – Comprehensive Plan and AdministraƟon Page 3 of 27

SECTION 1 – PUBLIC ADVERTISEMENT

CITY OF FREEPORT

PUBLIC NOTICE

REQUEST FOR PROPOSAL

RFQ # 2026-04 – COMPREHENSIVE PLAN AND ADMINISTRATION

Deadline for Submission: Thursday, September 10, 2026, at 2:00 PM CST.

LocaƟon for Submission: City Hall, AƩn: City Secretary, 1201 North Avenue H Freeport, TX 77541 or online via e-Bid.

Public Opening of Bids: City Hall, 1201 N Ave H Freeport, TX 77541 on Thursday, September 10, 2026, at

2:00 PM CST.

Bid Package: Bid package can be found at www.freeporƩx.gov/purchasing

Contact Person: Ashlee Hurst, CGFO; Finance Director, 979-871-0112, ahurst@freeporƩx.gov

Published: August 18th & August 25th, 2026

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SECTION 2 – SCOPE OF WORK

2.1 - Project Title:

Comprehensive Plan and AdministraƟon

2.2 – Scope of Work:

1. IntroducƟon

The City of Freeport, Texas (City) has been awarded a 2023 Resilient CommuniƟes Program

(“RCP”) Grant through the Texas General Land Office via the U.S. Department of Housing and

Urban Development (HUD) Community Development Block Grant MiƟgaƟon funds (CDBG-MIT) to provide a forward-looking Comprehensive Plan that incorporates hazard miƟgaƟon plans.

Therefore, the City is soliciƟng requests for proposals from professional consultants capable of creaƟng a Comprehensive Plan and administering the grant that funds the Comprehensive Plan.

2. Background

Freeport, Texas is a historic Gulf Coast industrial city and deepwater port known for chemical manufacturing and coastal recreaƟon. Founded in 1912 by the Freeport Sulphur Company, it later merged with historic Velasco and became a major hub for Dow Chemical and port shipping.

Siƫng near the mouth of the Brazos River on the Gulf of America, it is home to approximately

10,600 residents.

3. Project Overview

The Resilient CommuniƟes Program (“RCP”) works to increase a community’s resilience to disasters and reduce or eliminate the impact of future disasters. This project will Develop and

Adopt a Comprehensive Plan for the City of Freeport. All work shall carry out the Planning

AcƟviƟes in strict accordance with the terms of GLO-approved Project guidelines, the terms of the grant contract, and the requirements of the GLO ImplementaƟon Manual and the RCP

ApplicaƟon Guide.

4. Project ObjecƟves

The contractor shall conduct the below listed Planning AcƟviƟes according to the requirements set forth below and in the RCP ApplicaƟon Guide. All Planning AcƟviƟes performed under this

Contract will result in the development and formal adopƟon by the City of Freeport of plans, codes, and/or ordinances.

5. Scope of Services

Comprehensive Plan

Contractor shall develop and adopt a Comprehensive Plan that must include, at a minimum, the following elements for all base studies.

• IdenƟficaƟon of local hazard risk(s), aligning with Subrecipient’s local hazard miƟgaƟon plan, if one exists.

• PopulaƟon study providing an esƟmate of the current populaƟon and projecƟon for populaƟon increase over the next 20 years.

• Housing study describing the composiƟon of the exisƟng housing stock (including total number of units, number of single family and mulƟfamily units, and vacancy rates) and a projecƟon for

2026-04 – Comprehensive Plan and AdministraƟon Page 5 of 27 the number of future housing units needed ten (10) years from the date of the plan, including the composiƟon of said units (e.g., single family, mulƟfamily).

• Land Use Plan or study that formalizes long-term community goals into governing policies describing the land use of every parcel within the jurisdicƟon and including a future land use map that accounts for future populaƟon changes. The Land Use Plan shall describe the locaƟon and types of structures that may be built within a given jurisdicƟonal area and may serve as guidance document for the development of local codes and zoning ordinances or equivalent enforcement mechanisms. The Land Use Plan shall contain, at a minimum, the following:

1) An integraƟon of relevant porƟons of an applicable local hazard miƟgaƟon plan, if one exists;

2) IdenƟficaƟon of local hazard risks;

3) ExplanaƟon of how the plan miƟgates the idenƟfied local hazard risks; and

4) Zoning ordinances or equivalent enforcing regulaƟons or code provisions that codify the plan upon adopƟon by the applicable governmental enƟty.

• Infrastructure study that describes the water, wastewater, drainage, and streets systems, including length, width, materials, and condiƟon or age (if available), as well as a capital improvement plan with proposed prioriƟzed improvements to those systems.

• AddiƟonal studies (e.g., environmental, economic, etc.) may also be included.

• Zoning Ordinance(s), or similar governing regulaƟon(s) or code provision(s), to support the adopƟon of the Comprehensive Plan. Each Zoning Ordinance or equivalent enforcing regulaƟon or code provision, as applicable, will establish the set of regulaƟons that define how the real property idenƟfied therein may be used and the type(s) of construcƟon that may occur on said real property.

AdopƟon of the Comprehensive Plan and associated Zoning Ordinance(s) or equivalent enforcing regulaƟon(s) or code provision(s) must be completed within 30 months of Contract execuƟon.

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SECTION 3 – NOTICE TO BIDDERS

3.1 – Due Date:

The City of Freeport is accepƟng electronic or hard copy submissions unƟl Thursday, September 10, 2026, at 2:00 PM CST. The City encourages small, minority, and women-owned businesses to consider preparing a response.

It is the Company’s responsibility to have the Response Documents, including Addenda, correctly submiƩed by the submission deadline. No extensions will be granted, and no late submissions will be accepted.

3.2 - Submissions:

ELECTRONIC SUBMITTALS: E-bidding is available, please visit the website to view and submit your bid: hƩps://vendors.planetbids.com/portal/81745/portal-home

PAPER SUBMITTALS: You may submit response by hardcopy, if you prefer:

City of Freeport

AƩn: City Secretary

1201 North Avenue H

Freeport, TX 77541

The response shall be submiƩed in a sealed envelope, signed by a person having the authority to bind the bidder in a contract, and marked clearly on the outside as outlined above. Submit ONE (1) copy and one (1) electronic version (flash drive preferred).

3.3 - QuesƟons:

Any quesƟons, pertaining to this packet may be submiƩed to Ashlee Hurst, CGFO at ahurst@freeporƩx.gov or within the Q & A Tab at the portal link below.

The deadline for asking quesƟons is Thursday, September 3, 2026, at 2:00 PM (CST).

Answers will be posted as an addenda on the city e-bidding portal at the below URL link:

(hƩps://vendors.planetbids.com/portal/81745/portal-home).

3.4 – Site-Visit:

If a site visit is not specified but needed prior to your submission, please reach out to the designated contact listed in 3.3.

3.5 - Required Contents:

SubmiƩals must include the submiƩal coversheet; signed in the appropriate places by an authorized representaƟve of the company with an original signature. Submissions not including the required forms will be considered non-responsive and ineligible for award.

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3.6 - EvaluaƟon Process and Criteria:

For Bids/Proposals: The City shall select the submission that offers the “best value” for the City based on the published selecƟon criteria and on the ranking evaluaƟon criteria set forth in the packet – in accordance with Chapter 252 of the Texas Local Government Code and with the City’s Purchasing

Policy.

If the document(s) is incomplete or otherwise fails to conform to the requirements that are requested, the City alone will determine whether the variance is so significant as to render the packet non-responsive. AŌer the opening of the packets and upon compleƟon of the iniƟal review and evaluaƟon of the packets, the City may invite one or more selected SubmiƩers to parƟcipate in oral presentaƟons.

If an evaluaƟon is required, the evaluaƟon of the submissions shall be based on the requirements and percentages described below. All Ɵmely and proper submissions shall be reviewed, evaluated, and ranked by the City.

Scoring Criteria:

Experience:

Successful project(s) for the last 5 years with cost and detailed informaƟon on the project (Max 20 points)

Proposer’s/Respondent’s experience/past relaƟonship with the City (Max 5 points)

Experience of Project Manager or Site Superintendent (Max 10 points)

The extent to which the goods or services meet the City’s needs (Max 5 points)

Work Performance:

Past Performance on similar projects of size and scope (Max 10 points)

Management of Purchase Price/Pricing (Max 10 points)

Quality of goods and services (Max 5 points)

Capacity to Perform:

Experience of Staff (Max 10 points)

VetHUB (Veteran Heroes United in Business CerƟficaƟon (Max 10 points)

Adequacy to do the work assigned (Max 10 points)

Professional Liability insurance in force (Max 5 points)

Discussions may not be iniƟated by submiƩers. These discussions will be limited to issues and topics brought forth by the City. Any aƩempt by the proposer or vendor at deviaƟng from the issues and topics to discuss other issues and topics concerning the Proposal brought forth by the City shall be grounds for disqualificaƟon. Vendors shall not contact any City personnel during the proposal process.

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For QualificaƟon Responses: The City shall select the submission that offers the best qualificaƟons for the City based on weighted average scores from the review commiƩee. The criteria for those scores are listed below:

Scoring Criteria:

5 – Excellent / Exceeds Requirements

Response demonstrates excepƟonal qualificaƟons and experience directly relevant to the RFQ.

Approach is well-defined, innovaƟve where appropriate, and clearly adds value to the City.

4 – Very Good

Response demonstrates strong qualificaƟons and relevant experience. Approach is clear and well thought out with minor strengths above minimum requirements.

3 – Meets Requirements

Response adequately meets the RFQ requirements. QualificaƟons, experience, and approach are acceptable and demonstrate the ability to perform the work.

2 – ParƟally Meets Requirements

Response parƟally meets requirements but contains weaknesses, limited experience, or unclear approach that may pose risk to successful performance.

1 – Does Not Meet Requirements

Response fails to meet minimum RFQ requirements or demonstrates significant deficiencies or lack of relevant experience.

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SECTION 4 – STANDARD TERMS AND CONDITIONS

1. INSTRUCTIONS: These standard terms apply to all solicitaƟons.

2. BEST INTEREST: The CITY reserves the right to reject any or all responses and to waive formaliƟes. The CITY also reserves the right to purchase through State awarded contracts or other intergovernmental agreements when it is in the best interest of the CITY to do so.

3. PRICING: Unless otherwise noted in this document, price(s) quoted must be held firm for ninety (90) days to allow for evaluaƟon.

4. SILENCE OF SPECIFICATION: The apparent silence of these specificaƟons as to any detail or to the apparent omission of a detailed descripƟon concerning any point, shall be regarded as meaning that only the best commercial pracƟces are to prevail. All interpretaƟons of these specificaƟons shall be made on that basis.

5. F.O.B.: All shipping shall be F.O.B. DesƟnaƟon.

6. COOPERATIVE/INTERLOCAL PURCHASING: If the vendor checked “yes” on the submiƩal affirmaƟon form to allow for interlocal purchasing, the following will apply:

Governmental enƟƟes uƟlizing intergovernmental contracts with the City of Freeport will be eligible, but not obligated, to purchase goods and services under the contract(s) awarded from this solicitaƟon. All purchases by governmental enƟƟes other than the City of Freeport will be billed directly to that governmental enƟty and paid by that governmental enƟty. The City of Freeport will not be responsible for another governmental enƟty’s debts. Each governmental enƟty will order their goods and services as needed.

7. SPLIT AWARD: The City of Freeport reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the enƟre bid.

8. WITHDRAWAL OF RESPONSE TO SOLICITATION: For a period of ninety (90) days following the date designated for the receipt of response, a response may not be withdrawn or cancelled by the vendor without approval by the CITY.

9. ERROR-QUANTITY: SubmiƩals must be made on the units of quanƟty specified and on extended costs, and they must show total costs. In the event of discrepancies in extension, the unit price shall govern.

10. LATE SUBMITTALS: SubmiƩals received aŌer the submission deadline shall be returned unopened and will be considered void and unacceptable. The City of

Freeport is not responsible for lateness from any carrier for any reason.

11. TAXES: The City of Freeport is exempt from federal manufacturers’ excise taxes and state sales taxes. TAX

MUST NOT BE INCLUDED IN PRICING. Tax exempƟon cerƟficates will be executed by the CITY and furnished upon request.

12. ADDENDA: Any interpretaƟons, correcƟons or changes to these specificaƟons will be made by addenda. Sole issuing authority of the addenda shall be vested in the

City of Freeport Purchasing Department. Addenda will be e-mailed to all who are known to have received a copy of this solicitaƟon. It is the responsibility of proposers to ensure they have received and understand any issued addenda.

13. PROTEST: Protests shall be submiƩed in wriƟng and filed with the Purchasing Department no less than three (3) business days prior to the City Council meeƟng at which the award appears on the agenda. A wriƩen response will be prepared by the Purchasing Director in consultaƟon with the end user department and City AƩorney in accordance with the City Purchasing Policy. If the protesƟng vendor does not agree with the staff recommendaƟon, they may appeal to the City Council.

ProtesƟng vendors must contact the City Secretary to be acknowledged and heard by City Council at the first available Council meeƟng.

14. PAYMENT TERMS: Unless otherwise specified by the CITY in this document, payment terms are NET 30.

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

16. FUNDING: The City of Freeport is a home-rule municipal corporaƟon operated and funded on an annual basis from October 1 to September 30. The CITY reserves the right to terminate, without liability to the CITY, any contract for which funding is not available.

17. ASSIGNMENT: Vendor shall not sell, assign, transfer, or convey this contract in whole or in part, without the prior wriƩen consent of the CITY.

18. VENUE: This agreement will be governed and construed according to the laws of the State of Texas.

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19. RIGHT OF REVIEW: Vendor covenants and agrees that the CITY, upon reasonable noƟce to vendor, may review any of the work performed by vendor under this

Contract.

20. DELIVERY TIMES: Deliveries will be acceptable only during normal working hours at the designated City municipal facility.

21. STANDARD WARRANTY: Standard manufacturers’ warranƟes shall be provided and submiƩed to the City of

Freeport upon request.

22. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first class condiƟons in containers suitable for damage-free shipment and storage.

23. ORDERS AND INVOICING: A purchase order number is required for all purchases. All invoices must idenƟfy the purchase order number, include the bid unit pricing by item, idenƟfy the ordering department/user, and include contact phone and e-mail address.

24. CONFLICT OF INTEREST: The successful vendor agrees that during the contract period, VENDOR and any of

VENDOR’S associates and employees will have no interest, and will acquire no interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this contract. All acƟviƟes, invesƟgaƟons and other efforts made by VENDOR pursuant to this contract will be conducted by employees or associates of VENDOR.

VENDOR further agrees that it understands that the Code of Ordinances of the City of Freeport prohibits any officer or employee of the CITY from having any financial interest, either direct or indirect, in any business transacƟon with the CITY. Any violaƟon of this paragraph which occurred with the actual or construcƟve knowledge of VENDOR will render this contract voidable by the CITY.

a. FORM CIQ – is required in accordance with

Chapter 176, Local Government Code, by a

VENDOR who wishes to do business with a governmental enƟty. A VENDOR must disclose if it has a business relaƟonship as defined by

SecƟon 176.001(1-a) with a local governmental enƟty and the vendor meets requirements under SecƟon 176.006(a). By law, this quesƟonnaire must be filed with the records administrator of the local governmental enƟty not later than the 7th business day aŌer the date the vendor becomes aware of facts that require the statement to be filed. See SecƟon

176.006(a-1), Local Government Code. An offense under this secƟon is a misdemeanor.

This form may be obtained from the City of

Freeport website.

25. CONFIDENTIAL WORK: Any reports, designs, plan, informaƟon, project evaluaƟons, data or any other documentaƟon given to or prepared or assembled by

VENDOR under this contract shall be kept confidenƟal and may not be made available to any individual or organizaƟon by VENDOR without the prior wriƩen approval of the CITY except as may be required by law.

26. WARRANTY, HOLD HARMLESS, AND INDEMNITY:

VENDOR warrants that the commodiƟes it delivers to the

CITY shall be delivered in a good and workmanlike manner, and that any item delivered to the CITY under this Contract will be fit for the parƟcular purpose for which it was furnished. VENDOR shall defend, indemnify, and hold the CITY whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by, the execuƟon or performance of this Contract or any of

VENDOR’S acƟviƟes or any act of commission or omission related to this Contract of any representaƟve, agent, customer, employee, sub-vendor, or invitee of VENDOR or any representaƟve, agent, employee, or servant of the

CITY. If an item is covered by a manufacturer’s warranty, it is the responsibility of the VENDOR to obtain the informaƟon for CITY and to get the manufacturer to honor the warranty.

27. PROPRIETARY INFORMATION: Any material or informaƟon that is considered proprietary in nature must be clearly marked as such and will be treated as confidenƟal by the City of Freeport to the extent permiƩed by law.

28. WAIVER OF ATTORNEY’S FEES: VENDOR and CITY expressly agree that in the event of any liƟgaƟon arising between the parƟes to this contract, each party shall be solely responsible for payment of its aƩorney(s). In no event shall either party be responsible for the other party’s aƩorney’s fees, regardless of the outcome of the liƟgaƟon.

29. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change or affect the terms, condiƟons, or specificaƟons stated in the resulƟng contract. All change orders to the contract will be made in wriƟng by the City of Freeport.

30. TERMINATION: The CITY may, at its opƟon and without prejudice to any other remedy to which it may be enƟtled at law or in equity, terminate further work under the resulƟng contract, in whole or in part, by giving at least

2026-04 – Comprehensive Plan and AdministraƟon Page 11 of 27 thirty (30) days prior wriƩen noƟce of terminaƟon to

VENDOR. VENDOR understands that no further orders may be accepted aŌer the date specified in such noƟce.

In the event of terminaƟon and following its inspecƟon and acceptance of goods and services properly ordered prior to the date specified in the noƟce of terminaƟon, the CITY shall equitably compensate VENDOR in accordance with the terms of this contract. If the CITY terminates this agreement, VENDOR shall not be enƟtled to lost or anƟcipated profits.

31. TERMINATION FOR DEFAULT: If VENDOR defaults on this agreement, the CITY reserves the right to enforce the performance of the resulƟng Contract in any manner either prescribed by law or deemed to be in the best interest of the CITY. The CITY reserves the right to terminate the resulƟng Contract immediately if the

VENDOR fails to: (a) meet delivery schedules, or (b) otherwise perform in accordance with this Contract and incorporated documents. A breach of contract or default by VENDOR authorizes the CITY to award the contract to another VENDOR, purchase elsewhere, and charge the full increase in cost and handling to the defaulƟng

VENDOR.

32. PERFORMANCE OF WORK: VENDOR or VENDOR’S associates and employees shall perform all the work called for in this contract. VENDOR agrees that all of

VENDOR’S associates and employees who work on this project shall be comptent and fully qualified to undertake the work described in this contract. VENDOR agrees that the services performed shall be performed in a good and workmanlike manner, and that the finished product shall be fit for the parƟcular use(s) contemplated by this agreement.

33. OWNERSHIP OF DOCUMENTS: VENDOR acknowledges that the CITY owns all notes, reports, or other documents, intellectual property or documentaƟon produced by the VENDOR pursuant to the resulƟng

Contract or in connecƟon with its work which are not otherwise public records. VENDOR acknowledges that the CITY shall have copyright privileges to those notes, reports, documents, processes, and informaƟon.

VENDOR shall, upon wriƩen request, provide CITY a copy of all such notes, reports, documents, and informaƟon, except to the extent that they contain confidenƟal informaƟon about third parƟes.

34. PRICE REDETERMINATION: Price redeterminaƟon shall only be considered by the CITY forty-five (45) days prior to the anniversary date of the iniƟal contract award and subsequent renewals. Price redeterminaƟon requests must be substanƟated in wriƟng. The City of Freeport reserves the right to reject the request when it is deemed to be in the best interest of the CITY.

35. DRUG FREE WORKPLACE: VENDOR agrees that during the contract period VENDOR and any of VENDOR’S associates and employees shall comply with the CITY’S drug free workplace policy.

36. INSPECTION: All goods and services will be subject to inspecƟon and tesƟng by the CITY prior to acceptance.

Goods rejected and goods supplies in quanƟƟes greater than ordered may be returned to the VENDOR at its expense. If, at any Ɵme, goods or services, including applicable drawings and specificaƟons, are found by the

CITY to either be defecƟve in material or workmanship or not in conformity with the requirements of this specificaƟon, then the CITY may pursue one or more of the following remedies: (a) Reject and return such goods at VENDOR’S expense; (b) Require VENDOR to inspect the goods and remove any nonconforming goods; (c) Replace any nonconforming goods or services with conforming goods or services; or (d) Pursue any rights and remedies available to the CITY by contract or by law or equity.

37. PACKAGING: All goods must be packaged as specified by the CITY, and they shall be shipped by the route and carrier designated by the CITY. If the CITY does not specify how the goods must be packaged, VENDOR shall package the goods in a way to avoid any damage in transit. If the

CITY does not specify the manner of shipment, route, or carrier, VENDOR shall ship the goods at the lowest possible transportaƟon rates, consistent with VENDOR’S obligaƟon to meet the delivery schedule set forth in this specificaƟon.

38. AUDIT: The CITY reserves the right to audit the records and performance of VENDOR during the Contract period and for three (3) years thereaŌer.

39. INSURANCE: Prior to the commencement of work under this Contract, VENDOR shall obtain and shall conƟnue to maintain in full force and effect during the term of this

Contract any insurance required by law and any addiƟonal insurance that may be required pursuant to the specificaƟon. Performance under the Contract will not start unƟl this obligaƟon has been met. Carrier must be authorized to do business in Texas rated “A” or beƩer in the current Best Key RaƟng Guide. All policies shall be of the “occurrence type” and the City of Freeport shall be listed as an addiƟonal insured (to the extent

VENDOR/CITY are indemnified pursuant to the indemnity provisions herein) on all cerƟficates of insurance.

AddiƟonal Insured Clauses does not apply to Workers’

2026-04 – Comprehensive Plan and AdministraƟon Page 12 of 27

CompensaƟon and Employer’s Liability. A waiver of

SubrogaƟon Clause, naming the City of Freeport “shall be included” on all types of coverages.

INSURANCE TYPE LIMIT

Commercial General Liability $1,000,000 Per Occurrence $3,000,000 Aggregate

Automobile Liability $1,000,000 Combined Single Limit

Workers’ CompensaƟon / Employer’s Liability

Statutory $1,000,000

40. HB 1295 FORM: At Ɵme of Contract execuƟon, VENDOR must provide a signed Form 1295 received directly from the Texas Ethics Commission.

hƩps://www.ethics.state.tx.us/whatsnew/elf_info_form

1295.htm

41. CONTRACT EXECUTION AND START DATE: The awarded

VENDOR will have ten (10) calendar days aŌer receiving the noƟce of award to return the executed contract, cerƟficate of insurance, Form 1295, and VENDOR setup packet (when applicable). If VENDOR fails to return the required documents by the indicated deadline, the CITY reserves the right to immediately terminate the contract, place the VENDOR on the City’s debarred vendor list, and award the contract to another VENDOR. AŌer documentaƟon is received by the CITY, either a noƟce to proceed or a purchase order will be issued. VENDOR will have up to five (5) calendar days to begin performance under this Contract, unless otherwise agreed in wriƟng between the CITY and VENDOR.

42. STORMWATER REQUIREMENTS: Where applicable, VENDOR shall implement Best Management PracƟces

(BMPs) and good housekeeping measures to prevent stormwater polluƟon as required by the current City of

Freeport Stormwater Management Ordinances (Chapter

12, ArƟcle II.)

43. LOCAL PREFERENCE: SecƟon 271.9051 of the Texas Local

Government Code authorizes a municipality, when considering compeƟƟve sealed bids when the bid evaluaƟon is setup to award to the lowest responsible bidder, to enter into a contract for certain purchases with a bidder whose principal place of business is in the municipality and whose bid within five percent (5%) of the lowest bid if the lowest bid is from a business outside the municipality and contracƟng with the local bidder would provide best combinaƟon price and other economic benefits to the municipality.

NONEXCLUSIVE LIST OF APPLICABLE LAWS, RULES, AND REGULATIONS

If applicable to the Project, Subrecipient must be in compliance with the following laws, rules, and regulaƟons; and any other state, federal, or local laws, rules, and regulaƟons as may become applicable throughout the term of the Contract, and Subrecipient acknowledges that this list may not include all such applicable laws, rules, and regulaƟons.

Subrecipient is deemed to have read and understands the requirements of each of the following, if applicable to the Project under this Contract:

GENERALLY

The Acts and RegulaƟons specified in this Contract;

Further AddiƟonal Supplemental AppropriaƟons for Disaster Relief Requirements Act, 2018 (Division B, Subdivision l of the BiparƟsan Budget Act of 2018) (Public Law 115-123); The Housing and Community

Development Act of 1974 (12 U.S.C. § 5301 et seq.);

The United States Housing Act of 1937, as amended, 42 U.S.C. § 1437f(o)(l3) (2016) and related provisions governing Public Housing Authority project-based assistance, and implemenƟng regulaƟons at

24 C.F.R. Part 983 (2016);

Cash Management Improvement Act regulaƟons (3 l C.F.R. Part 205); Community Development Block

Grants (24 C.F.R. Part 570);

Uniform AdministraƟve Requirements, Cost Principles, and Audit Requirements for Federal Awards (2

C.F.R. Part 200);

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Community Development Block Grant Disaster Recovery and MiƟgaƟon ImplementaƟon Manual; and

State of Texas CDBG MiƟgaƟon AcƟon Plan, dated March 31, 2020, as may be amended.

CIVIL RIGHTS

Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.); 24 C.F.R. Part I, "NondiscriminaƟon in

Federally Assisted Programs of the Department of Housing and Urban Development - EffectuaƟon of

Title VI of the Civil Rights Act of 1964";

Title VII of the Civil Rights Act of 1964, as amended by the EquaJ Employment Opportunity Act of 1972

(42 U.S.C. § 2000e, et seq.);

Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. § 3601, et seq.), as amended;

ExecuƟve Order 11063, as amended by ExecuƟve Order 12259, and 24 C.F.R. Part 107, "NondiscriminaƟon and Equal Opportunity in Housing under ExecuƟve Order 11063"; The failure or refusal of Subrecipient to comply with the requirements of ExecuƟve Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposiƟon of sancƟons specified in 24 C.F.R. 107.60;

The Age DiscriminaƟon Act of 1975 (42 U.S.C. § 6101, et seq.); and

SecƟon 504 of the RehabilitaƟon Act of 1973 (29 U.S.C. § 794.) and "NondiscriminaƟon Based on Handicap in Federally-Assisted Programs and AcƟviƟes of the Department of Housing and Urban

Development", 24 C.F.R. Part 8. By signing this Contract, Subrecipient understands and agrees that the acƟviƟes funded shall be performed in accordance with 24 C.F.R. Part 8; and the Architectural Barriers

Act of 1968 (42 U.S.C. § 4151, et seq.), including the use of a telecommunicaƟons device for deaf persons

(TDDs) or equally effecƟve communicaƟon system.

LABOR STANDARDS

The Davis-Bacon Act, as amended (originally, 40 U.S.C. §§ 276a-276a-5 and re-codified at 40 U.S.C. §§

3141-3148); 29 C.F.R. Part 5;

The Copeland "AnƟ-Kickback" Act (originally, 18 U.S.C. § 874.and re-codified at 40 U.S.C. § 3145): 29

C.F.R. Part 3;

SecƟons 103 and 107 of the Contract Work Hours and Safety Standards Act (originally, 40 U.S.C. §§ 327A and 330 and re-codified at 40 U.S.C. §§ 3701-3708);

Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted

ConstrucƟon (Also Labor Standards Provisions Applicable to Non-construcƟon Contracts Subject to the

Contract Work Hours and Safety Standards Act) (29 C.F.R. Part 5); and

Federal ExecuƟve Order 11246, as amended.

EMPLOYMENT OPPORTUNITIES

SecƟon 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u): 24 C.F.R.

§§ 135.3(a)(2) and (a)(3);

The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. § 4212); Title IX of the

EducaƟon Amendments of 1972 (20 U.S.C. §§ 1681-1688); and Federal ExecuƟve Order 11246, as amended.

GRANT AND AUDIT STANDARDS

Single Audit Act An1endments of 1996, 31 U.S.C. § 7501;

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Uniform AdministraƟve Requirements, Cost Principles, and Audit Requirements for Federal Awards (2

C.F.R. Part 200);

Uniform Grant and Contract Management Act (Texas Government Code Chapter 783) and the

Uniform Grant Management Standards, issued by Governor's Office of Budget and Planning; and Title 1

Texas AdministraƟve Code§ 5.167(c).

LEAD-BASED PAINT

SecƟon 302 of the Lead-Based Paint Poisoning PrevenƟon Act (42 U.S.C. § 483 l(b)).

HISTORIC PROPERTIES

The NaƟonal Historic PreservaƟon Act of 1966 as amended (16 U.S.C. § 470, et seq.), parƟcularly secƟons

106 and 110 (16 U.S.C. §§ 470 and 470h-2), except as provided in §58.17 for SecƟon 17 projects;

ExecuƟve Order 11593, ProtecƟon and Enhancement of the Cultural Environment, May 13, 197 I (36 FR

8921), 3 C.F.R., 1971-1975 Comp., p. 559, parƟcularly secƟon 2(c);

Federal historic preservaƟon regulaƟons as follows: 36 C.F.R. Part 800 with respect to HUD programs;

and

The Reservoir Salvage Act of 1960, as amended by the Archeological and Historic PreservaƟon Act of

1974 (16 U.S.C. § 469, el seq.), parƟcularly secƟon 3 (16 U.S.C. § 469a-l).

ENVIRONMENTAL LAW AND AUTHORITIES

Environmental Review Procedures for Recipients assuming HUD Environmental ResponsibiliƟes (24 C.F.R.

Part 58, as amended);

NaƟonal Environmental Policy Act of 1969, as amended (42 U.S.C. §§ 4321-4347); and Council for

Environmental Quality RegulaƟons for ImplemenƟng NEPA (40 C.F.R. Parts 1500-1508).

FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION

ExecuƟve Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 C.F.R., 1977 Comp., p.

117, as interpreted in HUD regulaƟons at 24 C.F.R. Part 55, parƟcularly SecƟon 2(a) of the Order (For an explanaƟon of the relaƟonship between the decision-making process in 24 C.F.R. Part 55 and this part, see§ 55.10.); and

ExecuƟve Order 11990, ProtecƟon of Wetlands, May 24, 1977 (42 FR 26961), 3 C.F.R., 1977

Comp., p. 121 parƟcularly SecƟons 2 and 5.

COASTAL ZONE MANAGEMENT

The Coastal Zone Management Act of 1972 (16 U.S.C. § 1451, et seq.), as amended, parƟcularly secƟons

307(c) and (d) (16 U.S.C. § 1456(c) and (d)).

SOLE SOURCE AQUIFERS

The Safe Drinking Water Act of 1974 (42 U.S.C. §§ 20I, 300(f), et seq., and 21 U.S.C. § 349) as amended;

parƟcularly secƟon 1424(e)(42 U.S.C. § 300h-3(e)); and

Sole Source Aquifers (Environmental ProtecƟon Agency-40 C.F.R. part 149.).

ENDANGERED SPECIES

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The Endangered Species Act of 1973 (16 U.S.C. § 1531, et seq.) as amended, parƟcularly secƟon 7 (16

U.S.C. § 1536).

WILD AND SCENIC RIVERS

The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271, et seq.) as amended, parƟcularly secƟons 7(b) and (c) (16 U.S.C. § 1278(b) and (c)).

AIR QUALITY

The Clean Air Act (42 U.S.C. § 7401, et seq.) as amended, parƟcularly secƟons 176(c) and (d) (42 U.S.C.

§7506(c) and (d)).

Determining Conformity of Federal AcƟons to State or Federal ImplementaƟon Plans (Environmental

ProtecƟon Agency-40 C.F.R. Parts 6, 51, and 93).

FARMLAND PROTECTION

Farmland ProtecƟon Policy Act of 1981 (7 U.S.C. § 4201, et seq.) parƟcularly secƟons 1540(b) and 1541

(7 U.S.C. §§ 420l(b) and 4202); and Farmland ProtecƟon Policy (Department of Agriculture-7 C.F.R. part

658).

HUD ENVIRONMENTAL STANDARDS

Applicable criteria and standards specified in HUD environmental regulaƟons (24 C.F.R. Part 51) (other than the runway clear zone and clear zone noƟficaƟon requirement in 24 C.F.R. § 51.303(a)(3); and

HUD NoƟce 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and RadioacƟve

Materials, September 10, 1979.

ENVIRONMENTAL JUSTICE

ExecuƟve Order 12898 of February 11, 1994--Federal AcƟons to Address Environmental JusƟce in

Minority PopulaƟons and Low-Income PopulaƟons, (59 FR 7629), 3 C.F.R., 1994

Comp. p. 859.

SUSPENSION AND DEBARMENT

Use of debarred, suspended, or ineligible contractors or subrecipients (24 C.F.R. § 570.609); General

HUD Program Requirements; Waivers (24 C.F.R. Part 5); and

Nonprocurement Suspension and Debarment (2 C.F.R. Part 2424).

OTHER REQUIREMENTS

Environmental Review Procedures for EnƟƟes Assuming HUD Environmental ResponsibiliƟes (24 C.F.R.

Part 58).

ACQUISITION/ RELOCATION

The Uniform RelocaƟon Assistance and Real Property AcquisiƟon Policies Act of 1970 (42 U.S.C. § 4601, et seq.), 24 C.F.R. Part 42, and 24 C.F.R. § 570.606.

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FAITH-BASED ACTIVITIES

ExecuƟve Order 13279 of December 12, 2002 - Equal ProtecƟon of the Laws for Faith-Based and

Community OrganizaƟons, (67 FR 77141).

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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SECTION 5 – SUBMISSION FORMS

WHAT MUST BE INCLUDED IN THE PACKET

The required forms for submission are listed in this secƟon.

For ease and transparency, each form is listed on our Purchasing Department website at the below URL:

www.freeporƩx.gov/purchasing

Please take note if any bond will be required prior to contract execuƟon, as stated in the Scope of Work.

Should one be required, the form is on our website at the above URL.

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Appendix A – SubmiƩal Cover Sheet

Company Name: __________________________________________________

Interested parƟes MUST submit the following items for consideraƟon by either of the following delivery methods:

Online at: hƩps://vendors.planetbids.com/portal/81745/portal-home

Hard Copy: One (1) hard copy and one (1) electronic copy (flash drive) delivered to the

City Secretary at:

City Hall

AƩn: City Secretary

1201 N Avenue H

Freeport, TX 77541

AƩached Appendix Required Documents Must be Included

A SubmiƩal Cover Sheet Form Yes

B Vendor IRS W-9 Form Yes

C Insurance Requirements Acknowledgement Form Yes

D References Form Yes

E Conflict of Interest Form Yes

F Non-Collusion Affidavit Yes

G CerƟficate of Interested ParƟes – Form 1295 Yes

H VetHUB CerƟficaƟon Yes

Company AuthorizaƟon:

I confirm that I have the authority to execute this Proposal in its enƟrety as submiƩed and enter into an agreement on behalf of the Proposer.

Printed Name of Authorized RepresentaƟve PosiƟon of Authorized RepresentaƟve

Signature of Authorized RepresentaƟve Date

THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT

IS A PART OF THE SOLICITATION PACKAGE.

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Appendix B – IRS Form W-9 IRS Form W-9

Link to online blank W-9: hƩps://www.irs.gov/pub/irs-pdf/fw9.pdf

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Appendix C – Insurance Requirement Acknowledgment

Contractor agrees to procure and always maintain, at Contractor’s sole cost and expense, during the performance of the Work and for so long as this Contract remains in effect, policies of insurance with carriers Rated A+ or beƩer by AM Best with the minimum amounts of coverage outlined below:

A. Workers’ CompensaƟon or Employer’s Liability coverage complying with the applicable laws of the State of Texas, covering all employees, agents and representaƟves of Contractor and all subcontractors engaged in any manner in performance of the Work. Employer’s Liability coverage shall have a minimum limit of $1,000,000 for liability arising out of any accident related to the Work.

B. Comprehensive General Liability insurance, including Contractor’s protecƟve liability, in

Contractor’s name, with combined bodily injury and property damage of not less than

$1,000,000 per occurrence with an aggregate of $3,000,000 or its equivalent, and will include, without limitaƟon, the following coverages:

1. Contractor Liability Coverage

2. Completed OperaƟons and/or Products Liability Coverage, commencing with issuance of Final CerƟficate for Payment and extending for at least two (2) years from that date.

C. Comprehensive Automobile Liability Insurance, with combined single limit bodily injury and property damage of not less than $1,000,000 per occurrence. Such coverage shall include owned, hired, and non-owned vehicles of Contractor or Contractor’s employees, agents, representaƟves, or subcontractors.

D. The Contractor shall require all its subcontractors to provide the foregoing coverage, as well as any other coverage that Contractor considers necessary. The Contractor will require that all subcontractors maintain a comprehensive Commercial General Liability policy with a minimum limit of at least $1,000,000 per occurrence with an aggregate of $3,000,000 or its equivalent.

Any exclusion shall first be approved by Owner. It is the responsibility of the Contractor to assure compliance with this provision. City of Freeport accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor.

E. All insurance policies required by this Appendix shall contain a clause waiving any right of subrogaƟon against City of Freeport. Insurance policies under (B), and (C), shall include City of

Freeport as an addiƟonal insured by endorsement.

G. All insurance must be wriƩen on forms filed with and approved by the Texas Department of

Insurance. CerƟficates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions represenƟng and warranƟng the following:

A. Sets forth all endorsements and insurance coverage according to requirements and instrucƟons contained herein.

B. Shall specifically set forth the noƟce-of-cancellaƟon or terminaƟon provisions to

City of Freeport.

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Appendix C – Insurance Requirement Acknowledgement

Ten days before the Contract is signed, and at any Ɵme following execuƟon thereof at the request of the

Owner, furnish Owner with a cerƟficate and proof of such addiƟonal endorsements or other documentary evidence that the aforemenƟoned insurance policies have been procured with such addiƟonal endorsements, that premiums have been paid and that such policies remain in place. Such cerƟficate or other evidence shall bear an agreement that Owner will be given thirty (30) days prior wriƩen noƟce by the Insurance Company furnishing the cerƟficate before the insurance is cancelled or changed in any manner or for any reason during the period of coverage as stated on the cerƟficate.

I have read and understand the insurance requirements applicable to this submission and agree to provide proof of insurance before a contract is signed.

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Appendix D – References Company shall provide five references where they have performed similar and/or the same types of services as described herein. Please provide references not affiliated with the City of Freeport, or any of its employees.

Reference #1:

Client / Company Name:

Contact Name:

Contact Title:

Phone:

Email:

Date and Scope of Services Provided:

Reference #2:

Reference #3:

(conƟnued on the next page)

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Appendix D – References

Reference #4:

Reference #5:

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Appendix E – Conflict of Interest

INFORMATION REGARDING VENDOR CONFLICT OF INTEREST QUESTIONNAIRE

WHAT: A person or business that contracts with the City or who seeks to contract with the City must file

“Conflict of Interest QuesƟonnaire” (FORM CIQ).

Visit www.ethics.state.tx.us to learn more about the requirements and exclusions.

WHEN: The person or business must file the quesƟonnaire – no later than seven days aŌer the date the person or business begins contract discussions or negoƟaƟons with the municipality, or applies, responds to a request for proposals or Proposals, correspondence, or other wriƟng related to a potenƟal future contract.

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Appendix F – Non-Collusion Affidavit

STATE OF TEXAS

COUNTY OF BRAZORIA

__________________________, being first duly sworn, deposes and says that he is

___________________________________. (owner, partner, officer, representaƟve, or agent) the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any manner, directly or indirectly, sought by agreement or collusion, or communicaƟon or conference with any person to fix the bid price or affiant or of any other bidder, or to fix any overhead, profit, or cost element of said bid price, or of that of any other bidder, or to secure any advantage against

THE CITY OF FREEPORT

or of any person interested in the proposed Contract; and that all statements in said proposal or bid are true.

Signature of Bidder

Subscribed and sworn to before me this ____ day of ____________________, 2026.

Notary Public

My Commission expires: _________________________

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Appendix G – Form 1295

CERTIFICATE OF INTERESTED PARTIES FORM 1295

THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE

SOLICITATION PACKAGE.

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Appendix H – VetHUB CerƟficaƟon VetHUB (VETERAN HEROES UNITED IN BUSINESS)

Formerly known as the Historically Underu lized Business Program

*Programs are Administered by the Texas Comptroller*

If Non-Applicable please iniƟal:

If Applicable please provide a copy of your membership card.

If not a member of VetHUB and would like to know more, please visit the below link:

hƩps://texashub.gob2g.com

I formally acknowledge that the answer provided above accurately reflects the status of my company in regards to the VetHUB CerƟficaƟon Program (formerly known as HUB).