Administration_Professional_Services.pdf

REQUEST FOR PROPOSALS

RFP #2025-33P

ADMINISTRATION PROFESSIONAL SERVICES

City of Rosenberg

2110 4th Street

Rosenberg, TX 77471

RELEASE DATE: December 2, 2024

DEADLINE FOR QUESTIONS: December 12, 2024

RESPONSE DEADLINE: December 19, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/rosenbergtx

REQUEST FOR PROPOSALS

Administration Professional Services

I. Introduction II. Legal Notice

III. Funding Notice IV. Request for Proposal Outline V. Instructions, Terms and Conditions

VI. Scope of Work - Administration Services VII. Vendor Questionnaire

VIII. Evaluation Criteria

Attachments:

A - Cost Proposal

B - Required Contract Provisions

C - 1295 Example

Request For Proposals #2025-33P Title: Administration Professional Services

1. Introduction

1.1. Summary

The City of Rosenberg is seeking well-qualified administration/project delivery service provider(s) to assist the City in preparing application(s) for and in the overall administration or implementation of proposed Disaster Recovery Reallocation Program (DRRP) project(s), if funded, by the Texas General

Land Office (GLO).

Notice to All Vendors

The City of Rosenberg utilizes OpenGov Procurement as its eProcurement platform. All solicitations, official notices, addenda, other solicitation documents, and contracts will be posted in OpenGov.

Registration is highly encouraged to ensure you receive proper notifications.

Information obtained from any other source is done so solely at your own risk.

The City of Rosenberg takes no responsibility for information posted outside of the OpenGov

Procurement Platform or Legal Notices published in the Fort Bend Herald.

1.2. Contact Information

Blake Skiles

Procurement Manager

2110 4th Street

Rosenberg, TX 77471

Email: tskiles@rosenbergtx.gov

Phone: (832) 595-3363

Department:

City Manager

1.3. Timeline

Advertisement 1 December 1, 2024

Release Project Date December 2, 2024

Advertisement 2 December 8, 2024

Question Submission Deadline December 12, 2024, 5:00pm

Proposal Submission Deadline December 19, 2024, 2:00pm mailto:tskiles@rosenbergtx.gov tel:(832)595-3363

City Council Award January 21, 2025

2. Legal Notice

2.1. Notice to Respondents

The City of Rosenberg plans to apply for Disaster Recovery Reallocation Program (DRRP) program(s) from the Texas General Land Office (GLO) and is soliciting proposals to provide administration and/or planning services for CDBG contract(s), if awarded.

RFPs must be submitted electronically or received by the City Secretary’s Office no later than:

2:00 pm CST, Thursday, December 19, 2024.

All sealed RFPs must be received either electronically or at the designated location by the deadline shown. RFPs received after the deadline will not be considered for evaluation and shall be considered void and unacceptable.

All RFPs will be opened, and respondent’s names publicly read aloud promptly in the City Hall Council

Chamber, at 2110 4th Street, Rosenberg, Texas 77471, at 2:00 pm CST, Thursday, December 19, 2024.

To obtain a copy of the Request for Proposals or submit an electronic response please visit:

https://procurement.opengov.com/portal/rosenbergtx

If a respondent chooses to submit a hard copy response, it must be delivered in a sealed envelope with a return address and clearly marked “City of Rosenberg Request for Proposals (RFP No. 2025-33P). DO

NOT OPEN IN THE MAIL ROOM.” The respondent’s name shall appear on the outside of the envelope.

Submit Hard Copy to:

City of Rosenberg

City Secretary’s Office

2110 4th Street * P.O. Box 32

Rosenberg, Texas 77471

RFP No. 2025-33P – DO NOT OPEN IN MAIL ROOM

To obtain a copy of the Request for Proposals, or if you should have any questions or require additional information, please contact Blake Skiles, CPPO, NIGP-CPP, CPPB, CPPM, CPP, CPC, Procurement Manager at (832) 595-3363 or email at tskiles@rosenbergtx.gov. The Request for Proposals is also available at the

City of Rosenberg website: www.rosenbergtx.gov.

The City of Rosenberg reserves the right to negotiate with any and all individuals or firms that submit proposals and may award one or more contracts to one or more service provider(s). Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business

Enterprises, and Labor Surplus Area firms are encouraged to submit proposals. The City of Rosenberg is an Affirmative Action/Equal Opportunity Employer. Servicios de traducción están disponibles por peticion.

Danyel Swint, TRMC, City Secretary http://www.rosenbergtx.gov/

3. Funding Notice

3.1. Proposed Contract Funding for Disaster Recovery Reallocation Program (DRRP) - Texas General Land Office (GLO)

Dear Service Providers:

Herein is a copy of the City of Rosenberg’s Request for Proposals (“RFP”) for Professional Administration

Services. These services are being solicited to assist the City in its application(s) for and implementation of one or more contracts, if awarded, from the Texas General Land Office’s (GLO’s) Disaster Recovery

Reallocation Program (DRRP). The City of Rosenberg is considering applying for such funding to support eligible activities in the City of Rosenberg.

The Disaster Recovery Reallocation Program (DRRP) includes the following six state action plans:

• Hurricanes Ike and Dolly

• 2015 Floods and Storms

• 2016 Floods and Storms

• Hurricane Harvey

• 2018 South Texas Floods

• 2019 Disaster

Service providers may submit proposals for any or all activities listed in the attached Scope of Work.

Multiple contracts may be awarded as a result of this solicitation. The City will, in its sole discretion, determine the number of contracts awarded, and may decide not to award any contracts.

The deadline for submission of proposals is 2:00 p.m. CST on Thursday, December 19, 2024. It is the responsibility of the submitting entity to ensure that the proposal is received in a timely manner.

Proposals received after the deadline will not be considered for award, regardless of whether or not the delay was outside the control of the submitting provider.

The point of contact for this solicitation is City of Rosenberg Procurement Manager Blake Skiles, CPPO, NIGP-CPP, CPPB, CPPM, CPP, CPC. Should you have any questions or require additional information or clarification on information contained in this RFP, please submit your questions via OpenGov

Procurement at the website https://procurement.opengov.com/portal/rosenbergtx no later than 5:00 pm on Thursday, December 12, 2024.

The City of Rosenberg is an Affirmative Action/Equal Opportunity Employer. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and Labor

Surplus Area firms are encouraged to submit proposals.

The City reserves the right to negotiate with any and all service providers submitting timely proposals, or to reject any or all responses and to waive informalities in responses.

4. Request for Proposal Outline

4.1. Request for Proposal (RFP) for Administration Professional Services

The City of Rosenberg is seeking well-qualified administration/project delivery service provider(s) to assist the City in preparing application(s) for and in the overall administration or implementation of proposed Disaster Recovery Reallocation Program (DRRP) project(s), if funded, by the Texas General

Land Office (GLO).

The following outlines the RFP:

1. Scope of Work

Administration Services

A sample detailed Scope of Work (“SOW”) for CDBG-DR administration services provided by the GLO is enclosed in this packet (see pages 20-24). The administration service provider to be hired will provide contract-related management services, including but not limited to the following areas:

Pre-Funding Services

Provider will assist in developing project scope(s) and complete Disaster Recovery Reallocation Program

(DRRP) application(s). The provider will work with the local government and Engineer, if applicable, to provide the concise information needed for submission of one or more complete Disaster Recovery

Reallocation Program (DRRP) applications and related documents. The required information shall be submitted in a format to be described by the GLO.

Post-Funding Services

Provider will administer and provide project delivery of infrastructure, utilities, housing and eligible projects approved for Disaster Recovery Reallocation Program (DRRP) funding. The selected service provider must follow all requirements as established by the GLO.

General Administration Services

• Administrative Duties

• Construction Management

• Acquisition Duties (as necessary)

• Environmental Services

Please specify a complete list of actual tasks to be performed under each of these categories in your response, including, if necessary, a brief description of each task.

*Pre-funding services are not eligible for CDBG-DR reimbursement and must be paid with local or other non-CDBG-DR funds.

2. Statement of Qualifications

The City is seeking qualified professional administration service providers experienced in grant application preparation, and administration/project delivery. Please provide the following as it relates to your qualifications:

• A brief history of the service provider, including general background, knowledge of and experience working with relevant agencies and programs;

• Related experience in applying for and managing federally-funded local projects, in particular recent experience;

• A description of work performance and experience with CDBG, CDBG Disaster Recovery, FEMA

Hazard Mitigation or similar projects including a list of at least three references from past local government clients, with information describing the relevancy of the previous performance;

• Describe which specific parts of the Scope of Work the service provider proposes to perform;

• Describe the capacity to perform the chosen Scope of Work activities as well as resumes of all employees who may be assigned to provide services if your firm is selected, identifying current employees and proposed hires; and

• A statement substantiating the resources of the service provider and the ability to carry out the scope of work requested within the proposed timeline.

3. Proposed Cost of Services

Provide your cost proposal to accomplish the scope of work by activity or to complete a specific service outlined above and for any additional services required using the Cost Proposal page(s) included in this packet (See Attachment A). The specific projects and grant amounts are yet to be determined;

therefore, vendors should propose pricing based on the potential funding amounts provided.

The local government will consider dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises. As such, proposers may specify any maximum limit to the total dollar value of grant funds they are able and willing to manage. Service providers may submit proposals for any or all activities. Preference will be given to firm fixed pricing. The proposal must include all costs that are necessary to successfully complete these activities. Note that the lowest/best price proposal will not be used as the sole basis for entering into this contract; rather, award will be made to the service provider(s) providing the best value, cost and other factors considered. The local government reserves the right to negotiate pricing.

Upon the award of this contract, profit (either %/actual cost) must be identified and negotiated as a separate element of the price for any contract in excess of $50,000.00.

4. Evaluation Criteria - The proposal received will be evaluated and ranked according to the following criteria and using the rating sheet enclosed:

Criteria Maximum

Points

Experience 30

Work Performance 25

Capacity to Perform 30

Proposed Cost 5

Affirmative Action 10

Total 100

5. Submission Requirements

• A copy of your current certificate of insurance for professional liability.

• Statement of Conflicts of Interest (if any) the service provider or key employees may have regarding these services, and a plan for mitigating the conflict(s). Note that the City may in its sole discretion determine whether or not a conflict disqualifies a firm, and/or whether or not a conflict mitigation plan is acceptable.

• System for Award Management. Service provider must have a current registration in the

System for Award Management (https://www.sam.gov/SAM/). Service provider and its

Principals, may not be debarred or suspended nor otherwise on the Excluded Parties List System

(EPLS) in the System for Award Management (SAM). Include verification that the service provider as well as its principals are not listed (are not debarred) through the System for Award

Management (www.SAM.gov). Enclose a printout of the search results that includes the record date. This clearance information must be included in the service provider’s Proposal.

• Form CIQ, Texas Local Government Code chapter 176 requires that any vendor or person who enters or seeks to enter into a contract with a local government entity disclose in the

Questionnaire Form CIQ the vendor or person’s employment, affiliation, business relationship, family relationship or provision of gifts that might cause a conflict of interest with a local government entity. Questionnaire form CIQ is included in the RFP and must be submitted with the response.

• Certification Regarding Lobbying. Certification for Contracts, Grants, Loans, and Cooperative

Agreements is included in the RFP and must be submitted with the response.

• Form 1295. Effective January 1, 2018, all contracts and contract amendments, extensions, or renewals executed by the City Council will require the completion of Form 1295 “Certificate of

Interested Parties” pursuant to Government Code § 2252.908. Form 1295 must be completed by https://www.sam.gov/SAM/ the awarded vendor at time of signed contract submission. Form 1295 is included in this RFP for your information (See Attachment C). Form 1295 requires the inclusion of an “unsworn declaration” which includes, among other things, the date of birth and address of the authorized representative signing

• Required Contract Provisions. Applicable provisions must be included in all contracts executed as a result of this RFP (See Attachment B).

6. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. Small and minority businesses, women's business enterprises, and labor surplus area firms must participate in this RFP. If the awarded vendor is a prime contractor and may use subcontractors, the following affirmative steps are required of the prime contractor:

A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

B. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

E. Using the services and assistance, as appropriate, of such organizations as the Small Business

Administration (SBA) and the Minority Business Development Agency (MBDA) of the

Department of Commerce.

F. Please choose the MBDA Center that is in closest proximity to your community. Email your

RFP to the appropriate center.

Minority-owned businesses may be eligible for contract procurement assistance with public and private sector entities from MBDA centers:

Dallas MBDA Business Center Houston MBDA Business Center

8828 N. Stemmons Freeway, Ste. 550B 3100 Main Street, Ste. 701

Dallas, TX 75247 Houston, TX 77002

214-920-2436 713-718-8974

Website: https://www.mbdadfw.com

Email: admin1@mbdadallas.com

Website: https://www.mbda.gov/business-center/houston-mbda-business-center

Email: MBDA@hccs.edu

El Paso MBDA Business Center San Antonio MBDA Business Center

2401 East Missouri Avenue 501 W. Cesar E. Chavez Blvd., Ste. 3.324B

El Paso, TX 79903 San Antonio, TX 78207

915-351-6232 210-458-2480

Website: https://www.mbda.gov/business-center/el-paso-mbda-business-center

Website: https://www.mbda.gov/business-center/san-antonio-mbda-business-center

Email: treed@ephcc.org Email: orestes.hubbard@utsa.edu

Small and woman-owned businesses may be eligible for assistance from SBA Women’s Business Centers:

Dallas Fort Worth WBC WBEA – Women’s Business Center

7800 N. Stemmons Fwy., Ste. 120 9800 Northwest Freeway, Ste. 120

Dallas, TX 75247 Houston, TX 77092

214-572-9452 713-681-9232

Website: https://womensbusinesscenterdfw.com/

Email: wbcdfw@liftfund.com

Website: https://www.wbea-texas.org/womens-business-center

Email: wbc@wbea-texas.org

LiftFund Women’s Business Center

600 Soledad St.

San Antonio, TX 78205

888-215-2373 ext. 3000

Website: https://womensbusinesscentersa.com/

Email: wbc@liftfund.com

SBA also provides assistance at Small Business Development Centers located across Texas:

https://americassbdc.org/small-business-consulting-and-training/find-your-sbdc/ https://www.mbdadfw.com/ https://www.mbda.gov/business-center/houston-mbda-business-center https://www.mbda.gov/business-center/houston-mbda-business-center https://www.mbda.gov/business-center/el-paso-mbda-business-center https://www.mbda.gov/business-center/el-paso-mbda-business-center https://www.mbda.gov/business-center/san-antonio-mbda-business-center https://www.mbda.gov/business-center/san-antonio-mbda-business-center https://womensbusinesscenterdfw.com/ https://www.wbea-texas.org/womens-business-center https://www.wbea-texas.org/womens-business-center https://womensbusinesscentersa.com/ https://americassbdc.org/small-business-consulting-and-training/find-your-sbdc/

7. Deadline for Submission – Proposals must be received no later than 2:00 p.m., CST, Thursday, December 19, 2024. It is the responsibility of the submitting entity to ensure that the proposal is received in a timely manner. Proposals received after the deadline will not be considered for award, regardless of whether or not the delay was outside the control of the submitting firm.

Please submit one electronic copy of your proposal of services and a statement of qualifications for the proposed services, if submitting a hard copy response please submit to the following address:

2110 4th Street

Rosenberg, TX 77471

Attn: Blake Skiles, Procurement Manager

Any questions or requests for clarification must be submitted in writing via OpenGov by the deadline stated in this RFP. The City may, if appropriate, circulate the question and answer to all service providers that have provided contact information regarding this request for proposals.

5. Instructions, Terms and Conditions

5.1. General Instructions

The City of Rosenberg will receive sealed proposals for the goods/services described in this RFP.

IT IS UNDERSTOOD that the City Council of the City of Rosenberg reserves the right to reject any or all proposals for any or all products and/or services covered in this RFP and to waive any informalities or defects in such proposals.

RESPONDENT'S RESPONSIBILITY

Proposals must be submitted via the City's eProcurement Portal. Each proposal shall be acknowledged by a person having the authority to bind the firm in a contract.

FACSIMILE AND/OR EMAIL TRANSMITTALS SHALL NOT BE ACCEPTED AND WILL BE VOIDED IF

RECEIVED.

Respondents should carefully examine all terms, conditions, specifications and related documents.

Should a respondent find discrepancies in, or omissions from, the specifications or related documents, or should there be a doubt as to their meaning, the City of Rosenberg Procurement Department should be notified immediately for clarification prior to submitting the proposal. In the event of any conflict between the terms and conditions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, the City of

Rosenberg’s interpretation shall govern.

DOCUMENTATION

Respondent shall provide with this proposal response all documentation required by this RFP. Failure to provide this information may result in rejection of proposal.

DESCRIPTIONS

Specifications may reference any catalog, brand name or manufacturers’ model numbers. It is the intent of the City of Rosenberg to be DESCRIPTIVE – NOT RESTRICTIVE and to establish a desired quality level of merchandise or to meet a pre-established standard of quality. Respondents may offer items of equal quality and the burden of proof of such quality rests with them.

SALES TAX

City of Rosenberg is exempt by law from payment of Texas Sales Tax and Federal Excise Tax. As such, tax should not be included in proposal.

ADDENDA

Any interpretations, corrections or changes to this Invitation to Proposals and Specifications will be made by addenda. Sole issuing authority of addenda shall also be vested in the City of Rosenberg

Procurement Department.

ISSUANCE OF ADDENDA

As addenda is issued, it shall be posted via the City's eProcurement Portal. It is the respondent's responsibility as the supplier to review all addenda posted prior to the completion and submission of the proposal. All addenda should be reviewed and considered in the submission of the proposal as it pertains to the pricing and scope of work outlined herein.

Respondents are responsible for checking the City's eProcurement Portal regularly for any changes to the proposal documents, such as addenda, clarifications, and questions. The City can only guarantee the accuracy and completeness of information in the eProcurement Portal. If another agency or construction data website references this project, please also refer to the eProcurement Portal or contact the City of Rosenberg Procurement Department at (832) 595-3363 to verify completeness of the data.

LATE PROPOSAL

Proposals received by the City after the submission deadline will be considered VOID and unacceptable.

City of Rosenberg is not responsible for lateness, failure on technology or non-delivery of mail, carrier, etc. The date/time stamp in the City Secretary’s Office shall be the official time of receipt.

PROPOSAL WITHDRAWAL

Any proposal may be withdrawn via the City's eProcurement Portal prior to the scheduled time for opening via the City's eProcurement Portal. Proposals can be amended and resubmitted prior to the opening time and date.

PROPOSAL REJECTION

City Council may choose to reject all proposals and not award any contract.

PROPOSAL AWARD

The City shall award the contract to the respondent providing the best value to the City meeting or exceeding the terms, conditions and specifications of the RFP. The City has the right to award contracts upon the conditions, terms and specifications contained in a proposal submitted to the City for a period of up to one hundred and eighty (180) days following the date specified for the opening of proposals.

5.2. Mandatory Terms and Conditions

Because the City of Rosenberg is a governmental entity that must follow State and Federal Laws and has an obligation to protect its taxpayers, the City requires that certain terms be included in the contract that results from this solicitation. Your response to this solicitation is an offer to contract with the City based on the terms, conditions and specifications contained in this solicitation. If any of the mandatory contract terms are unacceptable to your firm, please do not respond to this solicitation.

CONFLICTING PROVISIONS

The contract consists only of the city-prepared contract, including all required contract provisions to satisfy GLO, and any additional city or vendor contract documents incorporated by reference as a part of the contract. If a conflict or inconsistency exists between the city-prepared contract and a document incorporated by reference, the city manager shall have sole discretion to determine which contract controls. If a conflict or inconsistency exists between any additional contract documents incorporated by reference, the city’s additional contract document takes precedence over the contractor’s additional contract document.

PAYMENT PROVISIONS

The City’s payments are under the Contract, including the time of payment and payment of interest on overdue amounts, are subject to Chapter 2251, Texas Government Code.

MULTIYEAR CONTRACTS

If the City Council does not appropriate funds to make any payment for a fiscal year after the City’s fiscal year in which the contract becomes effective and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Contract automatically terminates at the beginning of the first day of the successive fiscal year. (Section 5, Article XI, Texas Constitution)

LIABILITY AND INDEMNITY

Any provision of the Contract is void and unenforceable if it:

1. Limits or releases either party from liability that would exist by law in the absence of the provision;

2. Creates liability for either party that would not exist by law in the absence of the provision; or

3. Waives or limits either party’s rights defenses, remedies or immunities that would exist by law in the absence of the provision (Section 5, Article XI, Texas Constitution)

INSURANCE REQUIREMENTS

Successful respondent (as Contractor) must maintain the insurance types and coverages and comply with the insurance requirements shown in the Owner’s Minimum Insurance Policy Limits outlined as part of the Request for Proposals.

Within ten (10) days of the initial request; prior to City Council’s award of the contract, the successful respondent must furnish original certificates of insurance and corresponding endorsements that meet these insurance requirements.

CONFIDENTIALITY

Any provision in the Contract that attempts to prevent the City’s disclosure of information subject to public disclosure under federal or Texas law or regulation, or court or administrative decision or ruling, is invalid. (Chapter 552, Texas Government Code)

TAX EXEMPTION

The City is not liable to Vendor for any federal, state or local taxes for which the City is not liable by law, including state and local sales and use taxes (Section 151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code). Accordingly, those taxes may not be added to any item. The city’s Tax Exemption Certificate will be furnished by the city on request of the contractor.

CONTRACTUAL LIMITATIONS PERIOD

Any provision of the Contract that establishes a limitations period that does not run against the City by law or that is shorter than two years is void. (Sections 16.061 and 16.070, Texas Civil Practice and

Remedies Code)

GOVERNING LAW AND VENUE

Texas law governs this Contract and any lawsuit on this Contract must be filed in a court that has jurisdiction in Fort Bend County, Texas.

TERMINATION FOR CONVENIENCE

The City may terminate the Contract and/or any other Agreement(s) for convenience and without cause or further liability, upon no less than thirty (30) calendar day’s written notice to the Successful

Respondent. The City reserves the right to extend this period if it is in the best interest of the City. In the event the City exercises its right to terminate without cause, it is understood and agreed that only the amounts due to the Successful Respondent for goods, commodities and/or services provided, and expenses incurred to and including the date of termination, will be due and payable. No penalty will be assessed for the City's termination for convenience.

TERMINATION FOR CAUSE

The City of Rosenberg reserves the right to terminate the contract immediately in the event the successful respondent:

1. Fails to meet delivery schedules;

2. Defaults in the payment of any fees;

3. Otherwise fails to perform in accordance with this contract;

4. Becomes insolvent and/or files for protection under bankruptcy laws.

Such termination is in addition to and not in lieu of any other remedies that City of Rosenberg may have in law or equity. Respondent, in submitting this proposal, agrees that City of Rosenberg shall not be liable to prosecution for damages in the event that the City declares the respondent in default.

FORCE MAJEURE

If the party obligated to perform is prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of said party, the other party shall grant such party relief from the performance. The burden of proof for the need of such relief shall rest upon the party obligated to perform. To obtain release based on force majeure, the party obligated to perform shall file a written request with the other party.

EX-PARTE COMMUNICATION

Please note that to ensure the proper and fair evaluation of a response to a solicitation, the City prohibits ex-parte communication (e.g. unsolicited) initiated by the Respondent to any Department

Head, City Employee, Elected Official or Committee Member evaluating or considering the responses prior to the time a formal decision has been made. Questions and other communication from vendors will be permissible by the means established in the solicitation until the day and time specified as the deadline for questions. Any communication between Respondent and the City after the deadline for questions will be initiated by the appropriate City Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the response. Ex-parte communication may be grounds for disqualifying the offending Respondent from consideration or award of the solicitation then in evaluation. If a Respondent violates these provisions more than once in a three (3) year period, the Chief Procurement Officer may debar the Respondent from the sale of goods or services to the City for a period not to exceed three (3) years.

5.3. Other Terms and Conditions

REMEDIES

The successful Respondent and City of Rosenberg agree that both parties have all rights, duties and remedies available as stated in the Uniform Commercial Code.

CONFLICT OF INTEREST

No public official shall have interest in this contract except in accordance with Vernon’s Texas Codes

Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.

ETHICS

The respondent shall not offer or accept gifts or anything of value or enter into any business arrangement with any employee, official or agent of City of Rosenberg. More than one proposal on any one contract from a Respondent or individual under different names shall be grounds for rejection of all proposals in which the Respondent or individual has an interest. One or all proposals will be rejected if there is any reason to believe that collusion exists between Respondents.

Respondents must make every effort to comply with Chapter 176 of the Texas Local Government

Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with City of Rosenberg, including affiliations and business and financial relationships such persons may have with City of Rosenberg officers.

By doing business or seeking to do business with City of Rosenberg, including submitting a response to this Request for Proposals, you acknowledge that you have been notified of the requirements of

Chapter 176 of the Texas Local Government Code and you are representing that you are in compliance with them.

Conflict of Interest Questionnaire (CIQ) must be filled out and returned with each proposal.

PURCHASE ORDER

City of Rosenberg shall generate a purchase order to the successful respondent. The Purchase order number must appear on all invoices, packing lists and all related correspondence. City of Rosenberg will not be responsible for any orders placed and / or delivered without a valid Purchase Order number.

DELIVERY

Any delivery and freight charges (FOB Rosenberg designated location) are to be included in the proposal price.

PACKING SLIPS

Packing Slips or other suitable shipping documents shall accompany each shipment and shall show:

1. Vendor Company Name and Address

2. Name and address of City of Rosenberg department the shipment is being made to

3. City of Rosenberg purchase order number

4. Descriptive information as to the items delivered, including quantity and part numbers

INVOICES

Invoices submitted for payment shall be addressed to:

City of Rosenberg - Accounts Payable

P.O. Box 32

Rosenberg, TX 77471

Email: accountspayable@rosenbergtx.gov and shall reference the City of Rosenberg approved purchase order number. Periodic payments will be made within 30 days of invoice date or satisfactory delivery of the product or service, whichever is later, provided that all other requirements as detailed in the contract have been fulfilled.

QUALITY CONTROL

Goods supplied under this contract shall be subject to approval as to quality and must conform to the highest standards of manufacturing practice. Items found defective or not meeting specifications shall be replaced at the supplier’s expense within a reasonable period of time. Payment for defective goods or goods failing to meet specifications is not due until 30 days after satisfactory replacement has been made.

WARRANTY

Successful respondent shall warrant that all items or services shall conform to the proposed specifications and all warranties state in the Uniform Commercial Code and be free from all defects in material, workmanship and title.

PATENTS / COPYRIGHTS

The successful respondent agrees to protect City of Rosenberg from claims involving infringements of patents and/or copyrights.

NOTICE

Any notice provided by this RFP or required by law to be given to the successful respondent by City of

Rosenberg shall be deemed to have been given and received on the next business day after such written notice has been deposited in the US Mail in Rosenberg, Texas, by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful respondent at the address so provided;

provided this shall not prevent the giving of actual notice in any other manner.

ASSIGNMENT

The successful respondent shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of City of Rosenberg.

SILENCE OF SPECIFICATIONS

The apparent silence of the 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 the specifications shall be made on the basis of this statement.

COOPERATIVE PROCUREMENT PROGRAM

During the term of the Contract resulting from this RFP, the City would like to afford the same prices, terms and conditions to other political subdivisions or public entities. Another entity's participation in the Contract resulting from this RFP is subject to a properly authorized Purchasing Cooperative Inter-local Agreement with the City. Any liability created by purchase orders issued against the Contract shall be the sole responsibility of the governmental agency placing the order.

6. Scope of Work - Administration Services

6.1. SCOPE OF SERVICES REQUESTED

Providers will help the Texas General Land Office (GLO) fulfill State and Federal Disaster Recovery

Reallocation Program (DRRP) statutory responsibilities related to recovery in connection with any federally declared disaster. Providers will assist the GLO and/or grant recipients in completion of

Disaster Recovery Reallocation Program (DRRP) projects. Respondents may be qualified to provide Grant

Administration services for one or more programs or services (environmental, acquisition, general administration, etc.). Grant administrative services must be in compliance with the U.S. Department of

Housing and Urban Development (HUD) and guidelines issued by the GLO.

6.2. DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS

Respondent must be able to perform the tasks listed herein to be considered eligible for an award under this Solicitation. Respondents should provide a detailed narrative of their experience as it relates to each of the items below. Respondents should clearly indicate if they intend to provide services in-house with existing staff or through subcontracting or partnership arrangements. Grant Administration Services will be provided in conformance with the guidance documents and use forms provided by the subrecipient utilizing GLO guidance. The providers shall furnish post-funding grant administrative services to complete the Disaster Recovery Reallocation Program (DRRP) projects, including, but not limited to the following:

Pre-Funding Services

Grant Administrator will develop project scope and complete Disaster Recovery Reallocation Program

(DRRP) application(s). The provider will work with the subrecipient and engineer, if applicable, to provide the concise information needed for submission of complete Disaster Recovery Reallocation

Program (DRRP) funding application(s) and related documents. The required information shall be submitted in a format to be described by the GLO.

Post-Funding Services

Grant Administrator will provide Grant Administration Services required to complete infrastructure, acquisition, housing and other eligible projects approved for Disaster Recovery Reallocation Program

(DRRP) funding. The selected service provider must follow all requirements of the program as established by the GLO.

Grant Administration Services

A. General Administrative Duties:

a. Ensure program compliance including all Disaster Recovery Reallocation Program (DRRP) requirements and all parts therein, current Federal Register, etc.

b. Assist subrecipient in establishing and maintaining financial processes.

c. Obtain and maintain copies of the subrecipient’s most current contract including all related change requests, revisions and attachments.

d. Establish and maintain record keeping systems.

e. Assist subrecipient with resolving monitoring and audit findings.

f. Serve as monitoring liaison.

g. Assist subrecipient with resolving third party claims.

h. Report suspected fraud to the GLO.

i. Submit timely responses to the GLO requests for additional information.

j. Complete draw request forms and supporting documents.

k. Facilitate outreach efforts, application intake, and eligibility review.

l. Utilize and assist with the GLO’s system of record to complete milestones, submit documentation, reports, draws, change requests, etc.

m. Submit change requests and all required documentation related to any change requests.

n. Coordinate, as necessary, between subrecipient and any other appropriate service providers (i.e., Engineer, Environmental, etc.), contractor, subcontractor and the GLO to effectuate the services requested.

o. May assist in public hearings.

p. Will work with the GLO’s system of record.

q. Provide monthly project status updates.

r. Funding release will be based on deliverables identified in the contract.

s. Labor and procurement duties:

i. Provide all Labor Standards Officer (LSO) Services.

ii. Ensure compliance with all relevant labor standards regulations.

iii. Ensure compliance with procurement regulations and policies.

iv. Maintain document files to support compliance.

t. Financial duties:

i. Prepare and submit all required reports (Section 3, Financial Interest, etc.).

ii. Assist subrecipient with the procurement of audit services.

iii. Assist subrecipient in establishing and maintaining a bank account for program funds.

iv. Implementation and coordination of Affirmatively Furthering Fair Housing (AFFH) requirements as directed by HUD and the GLO.

v. Implementation and coordination of Section 504 requirements.

vi. Program compliance.

vii. Ensure that fraud prevention and abuse practices are in place and being implemented.

viii. Prepare and submit all closeout documents.

ix. Submit all invoices no later than 60 days after the expiration of the contract. All outstanding funds may be swept after 60 days. The provider may request an extension of this requirement in writing.

x. Assist in preparation of contract revisions and supporting documents including but not limited to:

xi. Amendments/modifications,

xii. Change orders.

u. Perform any other administrative duty required to deliver the project.

B. Construction Management

a. The provider will assist the subrecipient in submitting/setting up project applications in the GLO’s system of record.

b. The provider may compile and collate complete contract/bid packages that meet GLO program requirements. The packages will contain supporting documentation that meets or exceeds the requirements of the GLO’s program. If applications do not have the necessary forms, the provider may assist the subrecipient by coordinating to acquire the necessary documentation.

c. The provider may monitor, report, and evaluate contractor's performance; notify the subrecipient if the contractor(s) fails to meet established scheduled milestones. Receive, review, recommend, and process any change orders as appropriate to the individual projects.

d. The provider may assist the subrecipient with project Activity Draws/Close Out.

e. The provider may assist the subrecipient by submitting all the necessary documentation for draws and to close a project activity in the GLO’s system of record. The provider will compile, review for completeness, and collate complete contract/closeout packages that meet GLO program requirements for draw requests. If applications do not have the necessary forms, the provider may assist the subrecipient by coordinating to acquire the necessary documentation.

f. The provider may assist the subrecipient in developing Architectural and Engineering plans with guidance from the GLO.

g. Reassignment scope alignment (if necessary).

C. Acquisition Duties:

a. Submit acquisition reports and related documents.

b. Establish acquisition files (if necessary).

c. Complete acquisition activities (if necessary).

D. Environmental Services

a. Review each project description to ascertain and/or verify the level of environmental review required: Exempt, Categorical Exclusion not Subject to 58.5, Categorical

Exclusion Subject to 58.5, Environmental Assessment, and Environmental Impact

Statements;

b. If necessary, conduct tiered environmental review and submit broad and site-specific environmental reviews as required by 24 CFR Part 58.

c. Prepare, complete and submit HUD required forms for environmental review and provide all documentation to support environmental findings;

d. Consult and coordinate with oversight/regulatory agencies to facilitate environmental clearance;

e. Be able to perform or contract special studies, additional assessments, or permitting to secure environmental clearance. These may include, but are not limited to biological assessments, wetland delineations, asbestos surveys, lead-based paint assessments, archeology studies, architectural reviews, Phase I & II ESAs, USACE permits, etc.;

f. Prepare all responses to comments received during comment phase of the environmental review, including State/Federal Agency requiring further studies and/or comments from public or private entities during public comment period;

g. Maintain close coordination with local officials, project engineer and other members of the project team to assure appropriate level of environmental review is performed and no work is conducted without authorization;

h. Complete and submit the environmental review into GLO’s system of record;

i. At least one site visit to project location and completion of a field observation report;

j. Prepare and submit for publication all public notices including, but not limited to the

Notice of Finding of No Significant Impact (FONSI), Request for Release of Funds floodplain/wetland early and final notices in required order and sequence;

k. Provide documentation of clearance for Parties Known to be Interested as required by

24 CFR 58.43;

l. Process environmental review and clearance in accordance with NEPA;

m. Advise and complete environmental re-evaluations per 24 CFR 58.47 when evidence of further clearance or assessment is required;

n. Prepare and submit Monthly Status Report; and

o. Participate in regularly scheduled progress meetings.

6.3. Disaster Recovery Reallocation Program (DRRP) Grant Administration Services - Description of Programs

Below is a description of anticipated programs that are eligible for funding through the Disaster

Recovery Reallocation Program (DRRP) funded through the Texas General Land Office (GLO).

The City anticipates applying for the following programs that require Administration Services:

Applicant: The City of Rosenberg

Anticipated Program(s):(select all that apply)

__X__ Hurricanes Ike and Dolly

__X__ 2015 Floods and Storms

__X__ 2016 Floods and Storms

__X__ Hurricane Harvey

_____ 2018 South Texas Floods

_____ 2019 Disasters

7. Vendor Questionnaire

7.1. Proposal*

Please upload your entire proposal here as one complete PDF document.

Please do not upload multiple files.

*Response required

7.2. Certification

7.2.1. Proposal Certification *

Respondent certifies that neither the respondent nor the firm, corporation, partnership or institution represented by the respondent, or anyone acting for such firm, corporation, or institution has violated the anti-trust laws of this State, codified in Section 15.01, et. Seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such fine of business.

Respondent has examined the specifications and has fully informed themselves as to all the terms and conditions. Any discrepancies or omissions from the specifications or other documents have been clarified with City representatives and noted on the proposal submitted.

Respondent guarantees product offered shall meet or exceed specifications identified in this RFP.

☐ Please confirm

*Response required

7.2.2. Cooperative Procurement Participation*

Please select Yes or No. By selecting Yes the Respondent is agreeing to offer the quoted prices to all authorized entities during the term of the City's contract. By selecting No the Respondent is stating they will not offer the quoted prices to all authorized entities. A non-affirmative Proposal will in no way have a negative impact on the City's evaluation of the Proposal.

☐ Yes

☐ No

*Response required

7.3. Required Verifications

7.3.1. Anti-Boycott & Anti-Terrorism Verifications*

In the event the ensuing contract has a value of $100,000 or more and the company has 10 or more full-time employees:

Nondiscrimination against firearm and ammunition industries. Company verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association, as those terms are defined by Chapter 2274, Government Code, as enacted by S.B. 19, 87th Legislature, Regular Session.

Anti-Boycott of Energy Companies. Company verifies that it does not boycott energy companies and will not boycott energy companies during the term of this contract, as those terms are defined by Chapter

2276, Texas Government Code, during the term of this agreement.

Anti-Boycott of Israel. Company verifies that it does not boycott Israel and will not boycott Israel during the term of this contract, as those terms are defined by Chapter 2271, Texas Government Code, as enacted by H.B. 4170, 86th Legislature, Regular Session.

Foreign Terrorist Organizations. Company verifies that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as those terms are defined by Chapter 2252, Texas Government Code, as enacted by S.B.252, 85th Legislature, Regular Session.

Critical Infrastructure Affirmation. For Contracts concerning Critical infrastructure, as that term is defined by Texas Government Code Chapter 2275; The Engineer certifies (i) that Engineer, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Engineer, is not owned by or the majority of stock or other ownership interest of Engineer is not held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a country designated by the Governor as a threat to critical infrastructure; (ii) that Engineer including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Engineer, is not owned by or the majority of stock or other ownership interest of Engineer is not held or controlled by a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a country designated by the Governor as a threat to critical infrastructure; and (iii) that Engineer including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Engineer, is not headquartered in China, Iran, North Korea, Russia, or a country designated by the Governor as a threat to critical infrastructure.

☐ Yes

☐ No

*Response required

7.3.2. COVID-19 Anti-Passport Verification*

In the event the ensuing contract is to be paid in whole or in part with State Funds:

Company Certification Regarding COVID-19 Vaccination. Company certifies that it does not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from Company’s business during the term of this contract, and will not require such documentation during the term of this contract, as those terms are defined by Section 161.0085, Texas Health and Safety Code, as enacted by

S.B. 968, 87th Legislature, Regular Session.

☐ Yes

☐ No

*Response required

7.4. Conflict of Interest

7.4.1. Conflict of interest Questionnaire *

Sec. 176.006. DISCLOSURE REQUIREMENTS FOR VENDORS AND OTHER PERSONS; QUESTIONNAIRE.