document (9).pdf

CITY OF PASADENA

Request for Qualifications No. 26-017

FEDERALLY FUNDED ENGINEERING SERVICES FOR

DESIGN AND CONSTRUCTION OF

A PERMANENT GENERATOR

AT GOLDEN ACRES WASTEWATER TREATMENT PLANT,

FIRE STATION NO. 2, AND FIRE STATION NO. 10

RFQ SCHEDULE SUMMARY

September 30, 2026 RFQ documents released

September 30, 2026 October 7, 2026

Legal Advertising for RFQ

October 13, 2026 at noon Last day for inquiries and clarifications

October 19, 2026 by 4pm RFQ Due Date

October 20, 2026 at 3pm Qualifications opened at 1149 Ellsworth, 2nd Floor, Conference Room

To be Determined Notify short-listed firms

To be Determined Interviews

To be Determined City Approval of selected Engineering Firm

* This schedule is preliminary and may be modified at the discretion of the owner.

TABLE OF CONTENTS

I. PROJECT INFORMATION

II. ADVERTISEMENT

III. SUBMISSION INSTRUCTIONS

IV. SELECTION PROCESS

V. GENERAL INFORMATION

VI. FORMS

Form 1 – Submittal Cover/Signature Sheet

Form 2 – Submittal Checklist (Table of Contents)

Form 3 – Acknowledgement of Addenda

Form 4 – General Questionnaire

Form 5 – Felony Conviction Notification

Form 6 – Conflict of Interest Questionnaire

VII. ATTACHMENTS

Attachment A – Grant Terms and Conditions

Attachment B – Draft Agreement for Professional Services

Attachment C – Certification Regarding Lobbying

Attachment D – Statement of Offeror Qualifications

Attachment E – Subcontractor Listing Form

Attachment F – References

Attachment G – Contractor Profile

REQUEST FOR QUALIFICATIONS

The City of Pasadena, Texas is seeking Engineering Services to provide design, bid and construction phase services to complete the Critical Facility Generators project approved by the Texas Division of Emergency Management (TDEM) under the Hazard Mitigation Grant Program (HMGP). The scope of services is further described below.

I. PROJECT INFORMATION/SCOPE OF SERVICES

PROJECT NEED

The proposed sites for emergency generators either have no source of emergency power generation or emergency generators which do not power the entire site. Severe weather events can cause extended periods of power outages at these facilities which can result in the endangerment of the public’s health and safety.

PROJECT DESCRIPTION

This project will provide for a new 1,500 kW diesel generator at the Golden Acres WWTP and two new 250 kW natural gas generators for Fire Stations #2 and #10. Implementation of the generators includes, but is not limited to, the installation of concrete slabs, automatic transfer switches, conduits, conductors, panels, switch gears, electrical racks, energy service upgrades, access platform, site work, and fencing modifications.

*The City’s intent is to award two contracts for this work. One contract for the generator at Golden Acres WWTP and another contract for the generators at Fire Stations #2 and #10.

SCOPE OF SERVICES

Design Phase 100% plan submission within 6 months of Notice to Proceed for Fire Stations #2 and #10 100% plan submission within 12 months of Notice to Proceed for Golden Acres WWTP

Acquire all existing plans, data, and information from the City and others as needed for the completion of the project.

Identify and define existing conditions, conflicts, and create matrix.

Submit to City for review of 30%, 60% and 90% plans with Engineer’s Opinion of Probable

Construction Cost.

Prepare construction plans, special specifications, designs and supporting documents necessary for bidding and construction of the projects being developed.

Obtain plan approvals from OWNER, TDEM and any other necessary agencies, including any required permitting.

A final cost estimate will be prepared for the plans at the completion of the “Design Phase”. The estimate will be based on pricing from recent projects.

Bid Phase

Assist the City in preparation for the Project bid advertisement.

Participate in pre-bid conference meeting.

Prepare addenda to address or clarify comments.

Participate in Bid Opening.

Tabulate and evaluate Bid Proposals and make award recommendation

Construction Phase

Will attend pre-construction conference scheduled and lead by the City.

Attend Monthly Construction progress meetings with the City and Contractor.

Make one monthly visit to the project site.

Review and respond to Request for Information (RFI) and submittals to the City and the

Contractor.

Assist City in issuing Supplementary Instructions to the Contractor when necessary to correct and clarify plans or specifications and to avoid potential problems identified by the team.

Consultant will work through City.

Assist City with evaluating Contractor monthly invoices, change orders and cost proposals, including changes by RFI’s.

Additional design work necessary for any findings in the field.

Attend Final Inspections to verify all punch list items and verify that the contractor has corrected all.

Prepare, seal, and submit the record drawings to the OWNER within 30-days of receipt of contractor’s redline as built.

Regular Project Reporting, Invoicing and Scheduling: CONSULTANT will prepare monthly progress reports for the duration of the project (based on the project schedule) that will be used to monitor performance. The report will be produced and updated, as reasonably required.

CONSULTANT will prepare monthly invoices that reflect the services completed each month that aligns with the information provided in the monthly reports. Invoices will present information consistent with the reimbursement terms of the contract. The format for invoices will be a selected format that complies with the City and all funding agency requirements.

Project Execution Plan: CONSULTANT will create a Project Execution Plan (PXP) that will guide the project work. The PXP will be provided to the OWNER and updated as needed throughout the life of the project.

Project Kickoff Meeting: A project initiation kickoff meeting with the City and CONSULTANT will be scheduled within ten (10) working days following notice to proceed.

The purpose of the kickoff meeting will be to identify success factors, identify previously studied alternatives, brainstorm potential solutions, and establish a clear set of objectives for the project based on the City’s input and consultation with senior technical staff. The Selected Project Manager will facilitate the Project Kickoff meeting. CONSULTANT will prepare and distribute a meeting agenda and information 24 hours in advance of the meeting. CONSULTANT will prepare the meeting summary.

Project Meeting and Work Session with City: CONSULTANT will prepare supporting materials to provide additional background and context to be discussed at monthly progress meetings and coordination meetings. The level of effort is as follows:

o Monthly progress meetings with the OWNER, provide meeting materials, agenda, and meeting minutes with action log.

o Project progress/coordination conference calls between the monthly meetings as reasonably required.

HMGP Support, Quality Control, TDEM Reviews: CONSULTANT will deliver technical support to the OWNER in coordinating and implementing all deliverables, responses to TDEM request for information (RFIs), assisting with any reporting requirements, extension requests, and other TDEM coordination and correspondences. CONSULTANT shall perform intra-discipline, inter-discipline, and QA/QC team reviews at each submittal milestone throughout the duration of the project.

Additional Services

Geotechnical o Perform geotechnical investigation and provide report detailing findings, recommendations, etc.

Surveying o Provide survey services and preparation of survey deliverables to support design.

II. ADVERTISEMENT

NOTICE FOR PROFESSIONAL SERVICES

RFQ NO. 26-017

The City of Pasadena, Texas invites you to submit a sealed Statement of Qualifications for:

FEDERALLY FUNDED ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION

OF A PERMANENT GENERATOR AT GOLDEN ACRES WASTEWATER TREATMENT

PLANT, FIRE STATION NO. 2, AND FIRE STATION NO. 10

Sealed proposals will be received by the City of Pasadena, Texas on or before 4:00 p.m. on Monday, October 19, 2026 in the Office of the City Secretary, 1149 Ellsworth Drive, 2nd Floor; Pasadena, Texas 77506. Statements of Qualification will be publicly opened, and the name of the firm will be read aloud on Tuesday, October 20, 2026 at 3:00 p.m. at City Hall, 1149 Ellsworth Drive, 2nd Floor, Room 236.

RFQ documents may be obtained via the Internet by contacting DemandStar.com or from the City of Pasadena Purchasing Department web page at www.pasadenatx.gov. If you do not have Internet access, you may obtain the documents by contacting the Purchasing Department at 1149 Ellsworth Drive, Suite 401, Pasadena, Texas, 77506, (713) 475-5532, or Purchasing@pasadenatx.gov.

Statement of Qualifications may be either mailed or hand delivered to the City Secretary’s Office, 1149 Ellsworth Drive, 2nd Floor, Pasadena, TX 77506. Any Statement of Qualifications received after the above stated time will be returned to the submitter unopened.

The City of Pasadena is soliciting qualifications for the services herein described for the purpose defined in this document. By responding to this request, the submitter agrees to perform in accordance with the terms and conditions set forth in this document in the event that the response is selected for contract award.

The City reserves the right to waive any informality in submittals received, deemed to be in the best interest of the City. No officer or employee of the City of Pasadena shall have a financial interest, direct or indirect, in any contract with the City of Pasadena.

Published in the Pasadena Citizen & on the City of Pasadena Website

Publish: September 30 & October 7, 2026

III. SUBMISSION INSTRUCTIONS

A. Submission due date and location: Monday, October 19, 2026 by 4:00PM

City of Pasadena City Secretary’s Office 1149 Ellsworth, 2nd Floor Pasadena, Texas 77506

B. Any submission not prepared and received in accordance with provisions stated herein will be considered an informal submission and any, or all of the submissions may be rejected.

C. Submit 1 hard copy along with an electronic copy of your Qualifications along with all required forms as listed in this request.

D. Format for your Request for Qualifications shall include the following information in the sequence and format prescribed. Maximum page length should be 25 pages excluding table of contents and divider pages.

Cover Letter – Respondents shall include a one-page introductory cover letter indicating interest in projects.

Submittal Cover/Signature Sheet (Form #1) – respondent shall complete and sign this form. Respondent must complete and include the Submittal Cover/Signature sheet with submittal. The Submittal Cover/Signature Sheet must be signed by a person, or persons, authorized to bind the entity, or entities submitting the response.

Submittals signed by a person other than an officer of the company or partner of the firm shall be accompanied by evidence of authority. Joint ventures require signatures from all firms participating in the Joint Venture. Joint Ventures are required to provide legal proof of the joint venture such as Joint Venture Agreement as an attachment to the submittal.

Submittal Checklist (Form #2) – Respondent shall complete this form which is to be used as the Table of Contents for its submittal.

Acknowledgment of Addenda (Form #3) must be completed to verify all addenda have been received, if any.

General Questionnaire (Form #4) – Completed

Felony Conviction Notification (Form #5) must be completed to include any of the principals of any of the companies involved in this submittal.

Conflict of Interest Questionnaire (Form #6) – Completed

Supplemental Qualification Statement in narrative form that covers items in Section IV paragraph H.

Resumes labeled as Attachment.

Additional information (optional) labeled as Attachments

E. 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 are encouraged to participate in this RFQ. If the awarded vendor is a prime contractor and may use subcontractors, the following affirmative steps are required of the prime contractor:

1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

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

3) 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;

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

5) 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.

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

Houston MBDA Business Center 2302 Fannin Street, Suite 165, Houston, TX 77002 713-718-8974 https://www.hccs.edu/hcc-in-the-community/entrepreneurial-initiatives/mbda/

Dallas-Fort Worth MBDA Business Center 8828 N Stemmons Freeway - Ste 550-B, Dallas, TX 75247 214-920-2436 http://www.mbdadfw.com/

San Antonio MBDA Business Center 501 W César E Chávez Blvd, San Antonio, TX 78207 210-458-2480 https://sanantoniombdacenter.com/

MBDA Business Center – El Paso c/o El Paso Hispanic Chamber of Commerce 2401 E. Missouri Ave.

El Paso, TX 79903 915-351-6232 ext. 19 https://ephcc.org/blog/growing-my-existing-business/our-mbda-business-center/

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

Houston Women's Business Council, Inc.

9800 Northwest Freeway, Suite 120, Houston, TX 77018 713-681-9232 wbc@wbea-texas.org

LiftFund - Dallas Fort Worth Women's Business Center 8828 N. Stemmons Fwy, Suite 142, Dallas, TX 75247 888-215-2373 wbcdfw@liftfund.com

LiftFund - San Antonio Women's Business Center 600 Soledad St., San Antonio, TX 78205 888-215-2373 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/

IV. SELECTION PROCESS

A. The selection process will follow the stipulations as applicable of Chapter 2254 Local

Government Code. Any federal funding provided will need to abide by 2 CFR 200.318 and 2

CFR 200.320.

B. The City will conduct a comprehensive, fair and impartial evaluation of all submittals received in response to this RFQ according to the criteria set forth in Section IV-H. The City will appoint a selection committee to perform the evaluation. Each submittal will be analyzed to determine overall responsiveness and qualifications under the RFQ. The selection committee may select all, some or none of the Respondents for interviews. If the City elects to conduct interviews, Respondents will be interviewed and scored. If interviews are to be held, an interview invitation email will provide any request for clarifications. The City may also request additional information from Respondents at any time prior to final approval of a selected Respondent.

C. Within 30 days after the date of opening the Request for Qualifications, the City will evaluate each submission in relation to the criteria set forth in the Request for Engineering Services Qualifications.

D. At the conclusion of the selection process, each of the rated elements for each firm will be evaluated to determine the highest qualified firm(s) for the project(s). The City will enter into negotiations with the selected firm(s) and execute a contract upon completion of negotiation of fees and contracts terms for final approval.

E. If the City is unsuccessful in negotiating a contract with the highest scoring firm(s), the City may then negotiate with the second or third most qualified firm(s) until a contract is executed or may decide to terminate the selection process.

F. Firm(s) short listed for interviews or the Firm(s) selected for this project will be notified directly by the City per the above schedule.

G. Final approval of selected Respondent(s) is subject to the action of the City of Pasadena City Council.

H. Proposals will be evaluated and scored by the selection committee. The scoring is based upon the following criteria and weights:

30% Current staff capacity, Qualifications and Accessibility of personnel dedicated for this project

30% Overall reputation for managing schedule, budget, scope changes, punch list, close-out, & responding to client needs

25% Engineer design experience on similar projects 15% Historical Compliance with State and Federal Grant Programs

Include information regarding all sub-consultants, scope of work and percent of total effort not to exceed 50%. Also identify all opportunities for Minority/Women Business Enterprises (MWBE) participation and all previous experience with Hazard Mitigation Grants and your role in the process.

Required: Proof of Professional Liability Insurance

I. The City reserves the right to waive any informality and to reject and or accept any or all Qualification Statements.

V. GENERAL INFORMATION

A. Pursuant to the requirements of House Bill 1295, 84th Legislative Session, contract with successful respondent is contingent upon the business entity's completion of the required Form 1295, Certificate of Interested Parties, as applicable.

CITY OF PASADENA

1149 Ellsworth, 2nd Floor, Pasadena, Texas 77506

FORM 1

SUBMITTAL COVER / SIGNATURE SHEET

ISSUE

DATE:

September 30, 2026

Request For Qualification Title:

Engineering Services for Federally Funded Emergency Power Generator Design, Construction, and Installation for the Golden Acres WWTP, Fire Station No. 2, and

Fire Station No. 10

DATE OF

CLOSING:

October 19, 2026

ID# RFQ NO. 26-017

TIME OF

CLOSING:

(No later than) 4:00 P.M. CDT

DEPARTMENT / DIVISION:

Pasadena Public Works Department

SUBMIT

TO:

City of Pasadena Office of the City Secretary 1149 Ellsworth, 2nd Floor, Pasadena, Texas 77506

READ AND SIGN BELOW. UNSIGNED COVER SHEETS WILL NOT BE ACCEPTED.

Legal Name of Firm:

Address:

City:

State: Zip Code:

Contact Person:

Office Phone Number: Alternate Phone Number:

E-Mail Address: Fax Number:

I CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, information contained in this submittal reflects accurately data regarding my organization/firm, work to be performed, and estimates of planned/delivered services. By signing this cover sheet, the undersigned agrees that, if awarded a contract in response to this RFQ, Respondent will be able and willing to comply with all representations made by Respondent in Respondent’s Submittal and during the Solicitation process.

The undersigned certifies that he/she is authorized to bind the organization. All provisions in Respondent’s submittal shall remain valid for 120 days following the deadline date for submissions or, if Respondent is awarded a contract, throughout the entire term of the contract.

Signature of Authorized Individual Typed Name of Authorized Individual

Date Typed Title of Authorized Individual

FORM 2

SUBMITTAL CHECKLIST AND TABLE OF CONTENTS

The materials and information listed on this checklist shall be submitted as part of the submittal. Failure to submit any of the requested materials or provide adequate explanation may eliminate the submittal from consideration.

Materials shall be included in the submittal in the order identified on the checklist. Identify the corresponding page numbers in the space provided.

Section No.

Attachment/ Form

Attachment/Form Title

No Form Cover Letter

Form 1 Submittal Cover/Signature Sheet

Form 2 Submittal Checklist (Table of Contents)

Form 3 RFQ & Addenda Acknowledgement

Form 4 General Questionnaire

Form 5 Felony Conviction Notification

Form 6 Conflict of Interest Questionnaire https://www.ethics.state.tx.us/forms/conflict/

1. No Form Experience & Qualifications

2. No Form Work Performance

3. No Form Capacity to Perform

4. No Form Experience with State and Federal Grant Programs

5. C Certification Regarding Lobbying

D Statement of Offeror Qualifications

E Subcontractor Listing Form

F References

G Contractor Profile

No Form System for Award Management Results for Offeror and Subcontractors (www.SAM.gov)

No Form Service Provider and Subcontractors HUB / MWBE Certifications

No Form Statement of Conflicts

No Form Insurance Certificate

6. No Form Additional Information (Optional)

FORM 3

FORM 4

GENERAL QUESTIONNAIRE

1. Respondent Information: Provide the following information regarding the Respondent. (NOTE:

Co-Respondents are two or more entities proposing as a team or joint venture with each signing the contract, if awarded. Sub-contractors are not Co-Respondents and should not be identified here. If this proposal includes Co-Respondents, provide the required information in this Item #1 for each Co- Respondent by copying and inserting an additional block(s) before Item #1.2. If Joint Venture or Partnership, attach Joint Venture or Partnership Agreement.)

Respondent Name:

(NOTE: Give exact legal name as it will appear on the contract, if awarded.)

Principal Address:

City: State: Zip Code:

Telephone No. Fax No:

E-mail address:

List any other names under which Respondent has operated within the last 10 years. (add space as needed)

1.1 Business Structure: Check the box that indicates the business structure of the Respondent.

Individual or Sole Proprietorship If checked, list Assumed Name, if any:

Partnership

Corporation If checked, check one: For-Profit Nonprofit

Also, check one: Domestic Foreign

Other If checked list business structure:

1.2 Ownership: Does Respondent anticipate any mergers, transfer of organization ownership, management reorganization, or departure of key personnel within the next twelve (12) months?

Yes No

1.3 Is Respondent authorized and/or licensed to do business in Texas?

Yes No If “Yes”, list authorizations/licenses.

1.4 Firm’s Availability: When can firm start work? ____________________

Is there any concurrent commitment that would impede progress on this project, i.e. other jobs?

Yes No If yes, describe:

1.5 Debarment/Suspension Information: Has the Respondent or any of its principals been debarred or suspended from contracting with any public entity?

If “Yes”, identify the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension, and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension.

1.6 Surety Information: Has the Respondent ever had a bond or surety canceled or forfeited?

If “Yes”, state the name of the bonding company, date, amount of bond and reason for such cancellation or forfeiture.

1.7 Bankruptcy Information: Has the Respondent ever been declared bankrupt or filed for protection from creditors under state or federal proceedings?

If “Yes”, state the date, court, jurisdiction, cause number, amount of liabilities and amount of assets.

1.8 LITIGATION DISCLOSURE - Failure to fully and truthfully disclose the information required by this Litigation Disclosure may result in the disqualification of your proposal from consideration or termination of the contract, once awarded.

A. Have you or any member of your Firm or Team to be assigned to this engagement ever been indicted or convicted of a felony or misdemeanor greater than a Class C in the last five (5) years?

B. Have you or any member of your Firm or Team been terminated (for cause or otherwise) from any work being performed for the City of Pasadena or any other Federal, State or Local Government, or Private Entity?

C. Have you or any member of your Firm or Team been involved in any claim or litigation with the City of Pasadena or any other Federal, State or Local Government, or Private Entity during the last ten (10) years?

If you have answered “Yes” to any of the above questions, please indicate the name(s) of the person(s), the nature, and the status and/or outcome of the information, indictment, conviction, termination, claim or litigation, as applicable. Any such information should be provided on a separate page and submitted with your qualification statement as an Attachment.

FORM 5

FELONY CONVICTION NOTIFICATION

Note: The Statement of Affirmation Must Be Notarized

STATEMENT OF AFFIRMATION

“The undersigned affirms that he/she is duly authorized to provide this information by the person(s) or business entity making the proposal, and the information provided below concerning felony convictions has been personally and thoroughly reviewed, and verified, and is, therefore, current, true and accurate to the best of my knowledge.”

a. ____ My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.

b. ____ My firm is not owned nor operated by anyone who has been convicted of a felony.

c. ____ My firm is owned or operated by the following individual(s) who has/have been convicted of a felony.

Name of Felon(s) __________________________________________________________________

Details of Conviction(s) __________________________________________________________________

PLEASE CHECK a, b, or c ABOVE AND SIGN BELOW.

Respondent’s Name______________________________________________________________

Position/Title ________________________________________________________

Offerors Signature ___________________________________________________

Date ______________________________________________________________

Subscribed and sworn to me on this __________day of __________________

Notary Public ___________________________________________________

My Commission expires on _________________________________________

FORM 6

ANEspinoza Text Box

ATTACHMENT A

Grant Terms and Conditions

Subrecipient Agreement for Texas Division of Emergency Management Administered Awards

Revised August 2025

Table of Contents Revisions

State of the Agreement

AGREEMENT AUTHORITY

Agreement

I. GENERAL TERMS

II. STANDARD OF PERFORMANCE

III. FAILURE TO PERFORM

IV. FUNDING OBLIGATIONS

V. RECOUPMENT OF FUNDS

VI. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPALS AND AUDIT REQUIREMENTS

VII. STATE REQUIREMENTS FOR GRANTS

VIII. RESTRICTIONS AND GENERAL CONDITIONS

IX. PROCUREMENT CONTRACTING

X. MONITORING

XI. AUDIT

XII. RETENTION AND ACCESSIBILITY OF RECORDS

XIII. CHANGES, AMENDMENTS, SUSPENSIONS OR TERMINATION

XIV. ENFORCEMENT

XV. CONFLICTS OF INTEREST

XVI. CLOSING OF THIS AWARD

XVII. NOTICES

XVIII. TDEM GRANTS MANAGEMENT SYSTEM

XIX. PERFORMANCE PERIOD

XX. COST/SCOPE MODIFICATION

XXI. FINAL EXPENDITURES REPORT

XXII. NET SMALL PROJECT OVERRUN

XXIII. APPEALS

XXIV. REQUESTS FOR REIMBURSEMENT

XXV. QUARTERLY REPORT REQUIREMENTS

XXVI. EQUIPMENT RECORDS

XXVII. FEMA PUBLIC ASSISTANCE PORTAL AND FEMA GO

XXVIII. INDIRECT COST RATES

XXIX. REQUEST FOR INFORMATION

Exhibits

EXHIBIT A: ASSURANCE – NON-CONSTRUCTION PROGRAMS

EXHIBIT B: ASSURANCES – CONSTRUCTION PROGRAMS

EXHIBIT C: CERTIFICATIONS FOR GRANT AGREEMENTS

EXHIBIT D: STATE OF TEXAS ASSURANCES

EXHIBIT E: ENVIRONMENTAL REVIEW

EXHIBIT F: ADDITIONAL GRANT CERTIFICATIONS

EXHIBIT G: REQUEST FOR INFORMATION PROCEDURE

EXHIBIT H: HAZARD MITIGATION APPLICATION REQUEST FOR INFORMATION PROCEDURE

EXHIBIT I: RECOUPMENT OF FUNDS

Grant Acknowledgement, Agreement and Signature

Terms and Conditions – August 2025 Page | 1

Revisions Rev. 1. General updates throughout reflect updates to Executive Orders and federal guidance.

Rev. 2. Updated links throughout the document.

Terms and Conditions – August 2025 Page | 2

State of the Agreement

Agreement Authority

This agreement applies to all Department of Homeland Security Federal Emergency Management Agency (DHS/FEMA) awards or other awarding agency financial assistance awards administered by the Texas Division of Emergency Management (TDEM), an agency of the State of Texas. The federal government, the State of Texas, and TDEM have the right to seek judicial enforcement of these actions.

Subrecipients are required to follow applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (CFR) Part 200, and adopted by DHS at 2 CFR Part 3002, as well as all other applicable federal, state, and local laws, regulations, policies, procedures, and executive orders.

By accepting this agreement, Subrecipient and its executives certify that Subrecipient’s policies are in accordance with guidance applicable to federal, state, and local laws, and relevant executive guidance. This agreement, consisting of these terms and conditions and all exhibits, is between TDEM and Subrecipient.

TDEM and Subrecipient are collectively hereinafter referred to as the parties. All awards made under this agreement are subject to the same terms and conditions, except where additional provisions may be added by TDEM to ensure compliance with the aforementioned authority.

Subrecipient may not assign or transfer any interest in this award without prior written consent of TDEM and, if required, DHS/FEMA or other awarding agency.

Terms and Conditions – August 2025 Page | 3

Agreement

I. General Terms

1. The terms recipient and pass-through entity have the same meaning as grantee, as used in governing statutes, regulations, and DHS/FEMA guidance.

2. Throughout this document, the terms grant and award will be used interchangeably.

3. A recipient means an entity that receives a federal award directly from a federal agency to carry out an activity under a federal program. The term recipient does not include Subrecipients or individuals that are participants or beneficiaries of the award.

4. Subrecipient means an entity that receives a subaward from a pass-through entity, in this case TDEM, to carry out part of a federal award. The term Subrecipient does not include a beneficiary or participant. Subrecipient may also be a recipient of other federal awards directly from a federal agency.

5. The grant referred to in this agreement is an award to the Subrecipient passed through from TDEM to the Subrecipient.

6. The certifying official is the mayor, judge, or executive director authorized to execute these terms and conditions, and to submit changes of Subrecipient agents. Contracted staff and/or vendors may assist the certifying official in completing related grant tasks but may not act in lieu of the certifying official.

7. Project and any subsequent versions for those projects accepted by Subrecipient and subsequently obligated or de-obligated by DHS/FEMA are considered subawards to this agreement.

8. TDEM uses contractors to assist in administering subawards, both in communication with Subrecipient and the awarding agency. A Subrecipient’s point of contact for all awards will be the assigned regional staff. TDEM may task various grant management tasks to contractors to work directly with Subrecipients.

9. Within 10 calendar days of any change, Subrecipient must notify TDEM of any change in Designated Subrecipient Agent as submitted during the execution of this agreement, and any subsequent changes submitted by Subrecipient in TDEM’s Grants Management System (GMS).

10. In the event Subrecipient hires a consultant to assist with managing its Public Assistance and Hazard Mitigation grants (or other), it must be listed on the Designated Subrecipient Agent Form (DSA) and may not act in lieu of the designated agent. TDEM will direct all correspondence to the Subrecipient.

Terms and Conditions – August 2025 Page | 4

Subrecipient is solely responsible for sharing written communications with the consultant. Subrecipient is the primary point of contact and must be included in all decision-making activities.

II. Standard of Performance

Subrecipient must perform all activities as approved by TDEM and that are required within applicable grant/ funding awards. Subrecipient must perform all activities in accordance with all terms, provisions, and requirements set forth in the award, including the following exhibits:

Assurances – Non-Construction Programs (federal authority), hereinafter referred to as Exhibit A.

Assurances – Construction Programs (federal authority), hereinafter referred to as Exhibit B.

Certifications for Grant Agreements (federal authority), hereinafter referred to as Exhibit C.

State of Texas Assurances (state authority), hereinafter referred to as Exhibit D.

Environmental Review (federal authority), hereinafter referred to as Exhibit E.

Additional Grant Certifications (state authority), hereinafter referred to as Exhibit F.

Request for Information Procedure (state authority), hereinafter referred to as Exhibit G

Hazard Mitigation Application Request for Information Procedure (state authority), hereinafter referred to as Exhibit H.

Recoupment of Funds (state authority), hereinafter referred to as Exhibit I.

III. Failure to Perform

In the event Subrecipient fails to implement and complete the project(s) approved and awarded, or comply with any provision of this grant, Subrecipient is liable to TDEM for an amount, not to exceed, the award and may be barred from receiving additional DHS/FEMA grant program funds or any other grant program funds administered by the State of Texas until repayment is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this grant. Failure to timely implement and complete projects may reduce future funding from DHS/FEMA and/or other grant programs administered by TDEM.

Terms and Conditions – August 2025 Page | 5

IV. Funding Obligations

TDEM is not liable to Subrecipient for any costs incurred by Subrecipient that are not allowable costs, authorized under the applicable award.

Notwithstanding any other provision of this grant, the total of all payments and other obligations incurred by TDEM under this award must not exceed the total cumulative award amounts listed on the subawards (projects and subsequent versions).

Subrecipient must contribute the required cost share, also known as non-federal share or match, listed on the subaward.

Subrecipient must provide supporting documentation that supports the totality of funding requests in accordance with program policy.

Any private non-profit (PNP) will agree to name the Recipient (TDEM) as a beneficiary in any bankruptcy proceeding or must obtain a bond to guarantee funding until the project(s) are closed.

In the event that TDEM is required to continue to manage the Subrecipient’s award after the Recipient’s (TDEM) allocated state management funds have been exhausted, Subrecipient agrees to reimburse TDEM for such costs necessary to close FEMA awards, including the final recoupment of any funds due to FEMA and/or TDEM and the State of Texas.

V. Recoupment of Funds

Subrecipient must refund, to TDEM, any sum of these award funds that TDEM and/or DHS/FEMA determines to be an overpayment to and/or has not been spent by Subrecipient in accordance with this award. Refund payment(s) may be made from local, state, or federal funds unless prohibited by federal regulation or other provision.

Nothing in Exhibit I shall limit TDEM’s ability to implement alternative remedies for which it has authority to resolve outstanding recoupments or to limit TDEM’s ability to take immediate recoupment action(s) after notice of required refund has been made.

VI. Uniform Administrative Requirements, Cost Principles and Audit Requirements

Except as specifically modified by law or this grant, Subrecipient shall administer this award through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS/FEMA program legislation, federal awarding agency regulations, and the terms and conditions of this grant. A non-exclusive list sanctioned by Federal is provided below (not all may apply in every project):

Public Law 93-288, as amended (Stafford Act)

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44 CFR, Emergency Management and Assistance

2 CFR 200, Grants and Agreements

Disaster Mitigation Act of 2000

Executive Order 11988, Floodplain Management

Executive Order 11990, Protection of Wetlands

Executive Order 12699, Seismic Design

Coastal Barrier Resources Act, Public Law 97-348

Single Audit Act, Public Law 98-502

Sandy Recovery Improvement Act, Public Law 113-2

Disaster Recovery Reform Act of 2018

16 U.S.C. § 470 National Historic Preservation Act

16 U.S.C. § 1531, Endangered Species Act

FEMA program publications, guidance, and policies

VII. State Requirements for Grants

1. Subrecipient must comply with all other federal, state, and local laws and regulations applicable to this award including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Texas Grant Management Standards (TxGMS) and the most recent applicable version of the program State Administrative Plan (and all effective updates).

2. Subrecipient must, in addition to the assurances and certifications, comply and require each of its subcontractors, employed in the completion of the project, to comply with all applicable statutes, regulations, executive orders, Office of Management and Budget (OMB) uniform guidance, terms and conditions of this award, and the approved application.

3. Grant funds must not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution’s academic mission, that is not conducted for the benefit of a particular candidate or party.

4. Award funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied:

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a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees;

b. Texas Government Code Sections 556.004, 556.005, and 556.006, prohibits the use of any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a registered lobbyist;

c. Texas Government Code Sections 2113.012 and 2113.101 prohibit the use of grant funds to compensate any employee who uses alcoholic beverages on active duty. Subrecipient may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage;

d. Texas General Appropriations Act, Art. IX, Section 6.13, requires the Subrecipient to make every effort to attain key performance target levels associated with this grant, including performance milestones, milestone time frames, and related performance reporting requirements; and

e. Texas General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, requires that this award may only be expended if Subrecipient timely completes and files its reports.

5. TDEM strongly encourages Subrecipient to complete refresher training in federal procurement standards as variances from these standards account for the majority of funding de-obligation. TDEM will provide training or sources for Subrecipient to attain training. Federal procurement training may be required in advance of funding or as a condition of funding and/or if additional monitoring is deemed appropriate by TDEM.

VIII. Restrictions and General Conditions

DHS/FEMA grant funds must only be used for the purposes set forth in this award and must be consistent with the grant's statutory authority. Award funds must not be used to match funds for other federal grants/cooperative agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds must not be used to sue the Federal government or any other government entity.

1. Federal employees are prohibited from directly benefiting from any funds under this Grant.

2. In accordance with 2 CFR §25.300, TDEM will not make a subaward unless Subrecipient has obtained a unique entity identifier (UEI). A UEI is the identifier required for System for Award Management (SAM) registration to uniquely identify entities with which the federal government does business.

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3. Subrecipient maintains that it has registered at SAM.gov or other federally established site for contractor registration and entered TDEM-required information.

Subrecipient shall keep information current, and review and update at least annually; until the later of when it submits this grant's final financial report or receives final award payment. Subrecipient agrees that it must not make any subaward agreement or contract related to this award without first obtaining the vendor or subawardee's mandatory UEI. See Appendix A to Part 25, Title 2.

4. Subrecipient must report total compensation for each of the five most highly compensated executives for the preceding completed fiscal year if the following is applicable (Appendix A to Part 170, Title 2).

a. Subrecipient shall report whether Subrecipient received $25 million or more in federal procurement contracts or financial assistance subject to the Transparency Act per 2 CFR Appendix-A-to-Part-170(b)(1)(ii)(B)

b. Subrecipient shall report whether 80% or more of Subrecipient’s annual gross revenues were from federal procurement contracts or federal financial assistance. If Subrecipient answers “yes” to both questions, Subrecipient shall report, along with Subrecipient’s UEI, the names and total compensation (see 17 CFR §229.402(c)(2)) for each of Subrecipient’s five most highly compensated executives for the preceding completed fiscal year.

c. Subrecipient shall report executive total compensation at SAM.gov, or other federally established replacement site.

5. Subrecipient must comply with Federal Executive Orders 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government

6. A completed direct deposit authorization form from Subrecipient must be provided to TDEM, prior to receiving any funds under the provisions of this grant.

7. Subrecipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. Subrecipient shall develop and implement a control system to prevent loss, damage, or theft of property and Subrecipient shall investigate and document any loss, damage or theft of property funded under this grant.

8. DHS/FEMA and/or TDEM, through its authorized representatives, have the right at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS/FEMA or TDEM on the premises of

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Subrecipient or a contractor under this grant, Subrecipient must provide and must require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. A final physical site inspection for eligible scope of work and program compliance may be conducted after the Subrecipient’s Project Completion and Certification Report has been submitted.

IX. Procurement Contracting

Subrecipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this award in accordance with 2 CFR 200 § 317-327 and Appendix II to Part 200.

1. All contracts executed using funds awarded under this award shall contain the contract provisions listed under 2 CFR § 200.327 and Appendix II (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

2. For each of the following types of procurement, activities must follow the most restrictive of federal, state, or local procurement regulations:

a. Micro purchase (2 CFR 200.320(a)(1))

b. Simplified acquisition (2 CFR 200.320(a)(2))

c. Sealed bid (2 CFR 200.320(b)(1))--

d. Competitive proposal (2 CFR 200.320(b)(2))

e. Non-Competitive proposal (2 CFR 200.320(c))

3. The State must approve the use of a noncompetitive procurement method. Federal regulations allow for noncompetitive procurements under certain circumstances, including when a non-state entity determines that immediate actions required to address the public exigency or emergency cannot be delayed by a competitive solicitation.

Failure to follow eligible procurement methods will result in ineligible costs. Other types of agreements for services must have State approval prior to use or execution. A copy of the local procurement policy must be provided to the State before initial payment.

4. Contracts attributed as “cost-plus-percentage-of-cost" or "percentage-of-construction-cost" are explicitly prohibited by federal procurement standards and are ineligible for DHS/FEMA grants.

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5. Subrecipients must perform cost/price analysis for every procurement action in excess of the Simplified Acquisition Threshold as outlined in the Federal Acquisition Regulation (FAR).

6. Subrecipients must not make any award to any party that is debarred or suspended, or is otherwise excluded from participation in the federal assistance programs (Executive Order 12549, Debarment and Suspension).

a. TDEM will not reimburse any expenses for a debarred vendor or Subrecipient that does not have a valid SAM.gov registration.

b. Subrecipients must maintain documentation validating review of the debarment list of eligible contractors. Evidence of non-debarment for vendors must be documented through SAM.gov and the Comptroller of Texas and available for review. Subrecipients must maintain documentation to show that they have checked all vendors for debarment and suspension prior to engaging them in a contract using both SAM.gov and the Comptroller of Texas.

7. Subrecipients must comply with rules related to underutilized businesses (small and minority businesses, women’s enterprises, veteran-owned, and labor surplus firms) at 2 CFR §200.321.

8. Subrecipients must comply with the rules of recovered materials for procurements at 2 CFR §200.323.

9. Subrecipients must comply with the rules for domestic preferences for procurements at 2 CFR § 200.322.

10. All procurement documentation must be submitted to the Texas Division of Emergency Management (TDEM) at the project level (or appropriate GMS location) prior to the award of any procurement contract by the sub-recipient in association with Hazard Mitigation.

X. Monitoring

Subrecipient will be monitored periodically by federal, state, or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program-related criteria are met.

Subrecipient must give DHS/FEMA, the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of their duly authorized representatives access to and the right to conduct a financial or compliance review of funds received, and performances rendered under this award. Subrecipient must permit TDEM or its authorized representative to monitor Subrecipient’s records. Subrecipient must provide any documents, materials, or information necessary to facilitate such monitoring activities.

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Subrecipient understands and agrees that it is liable to TDEM for any costs disallowed pursuant to any financial or compliance monitoring of these funds.

Subrecipient further understands and agrees that reimbursement to TDEM of such disallowed costs shall be paid by Subrecipient from funds that were not provided or otherwise made available to the Subrecipient pursuant to this award or any other federal grant or contract.

Subrecipient must take such action to facilitate the performance of such audit(s) conducted pursuant to this section as TDEM may require of Subrecipient.

Subrecipient must ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subrecipient and the requirement to cooperate is included in any subcontract it awards.

Subrecipient understands that acceptance of funds under this award acts as acceptance of the authority of the State Auditor’s Office to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate fully with the State Auditor’s Office’s audit or investigation, including providing all records requested. Subrecipient must ensure that this clause concerning the State Auditor’s Office’s authority to audit funds and the requirement to cooperate fully with the State Auditor’s Office is included in any subgrants or subcontracts it awards.

Additionally, the State Auditor’s Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of the Subrecipient relating to this award.

TDEM, or its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring of Subrecipient's compliance with this award and of the adequacy and timeliness of Subrecipient's…