ESBD_365253_1719498119041_RFQ NO. 24-40 Disaster Recovery and FEMA Public Assistance Consulting Services.pdf

Bid # 24-40 Page 1 of 34 Firm Name:____________________________ Initials:________

REQUEST FOR QUALIFICTION (RFQ) NO. 24-40

“Disaster Recovery and FEMA Public Assistance Consulting Services”

Table of Contents Tentative Schedule of Events Introduction General Instructions

Submittals Information Award Terms of Contract Termination of Contract Special Terms & Conditions Preparation of RFQ Written Modification Qualification of Respondents Addenda & Interpretations Laws and Regulations Obligation of Respondent Required Forms RFQ Tabulation

General Information Objective Scope of Work

General Responsibilities FEMA Public Assistance Program Management Recovery and Mitigation Strategy Compliance and Documentation Training Deliverables

Required Contract Clauses Compliance with Federal Law, Regulations and Executive Orders

City of Huntsville 1220 11th Street Huntsville, Texas 77340 Lucy Gonzalez, Procurement Manager Phone: 936-291-5495 Email: lgonzalez@huntsvilletx.gov

Sealed solicitations shall be received no later than:

2:00 P.M., Central Time July 16, 2024

MARK ENVELOPE: “Solicitation Packet 24-40”

ALL PAGES MUST BE INITIALED AND RETURNED,

IF NOT BID MAY BE REJECTED.

RETURN SEALED RFQ:

City of Huntsville City Secretary 1220 11th Street Huntsville, Texas 77340

Bid # 24-40 Page 2 of 34 Firm Name:____________________________ Initials:________

Termination Equal Employment Opportunity Compliance with Contract Work Hours and Safety Standards Act Compliance with Clean Air Act Federal Water Pollution Control Act Debarment & Suspension Procurement of Recovered Materials Compliance with the Contract Work Hours and Safety Standards Act Procurement of Recovered Materials Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

ANTI- LOBBYING CERITIFICATION

No Obligation by Federal Government Program Fraud and False or Fraudulent Statements or Related Acts

Evaluation Criteria Proposal Format

Safety Standards & Accident Prevention Insurance Requirements Required Forms

Conflict of Interest Certificate of Interested Parties Form 1295 Legal Firm Name Disclosure Certification Regarding Lobbying Child Support Statement for Negotiated Contracts Israel Verification Form Iran, Sudan and Foreign Terrorist Organizations Verification Form Firearm Verification Form Prohibition of Contracts Discriminating Against Energy, & Energy Company Boycott Verification Form Critical Infrastructure Verification Form Texas Public Information Act Verification Form References Non-Collusion Affidavit

No-Bid Statement Respondents Information

Tentative Schedule of Events

1. June 29 & July 6, 2024 – Legal Advertisement Dates

2. June 27, 2024 – RFQ Release

3. July 3, 2024 – Deadline for Questions

4. July 16, 2024 – 2:00 PM Public Opening

5. July 2024 – Award Preparation

Introduction The City of Huntsville is seeking qualified firms to provide comprehensive Disaster Recovery and Federal Emergency Management Agency (FEMA) Public Assistance (PA) Consulting. Please let us know of any RFQ requirements which are causing you difficulty in responding. We want to make the process as easy and painless as possible so that all responsible firms can compete for the City's business.

Bid # 24-40 Page 3 of 34 Firm Name:____________________________ Initials:________

General Instructions RFQ packets must be delivered in a sealed envelope to: Attention of City Secretary, City of

Huntsville, 1220 11th Street, Huntsville, TX 77340.

Solicitation Packets must be received by

July 16, 2024 at 2:00 P.M. Central Time

Six (6) copies of the RFQ proposal should be provided in the packet submitted. It is the sole responsibility of respondent to have packet at designated location prior to the deadline date and time. Each response must be sealed in an opaque envelope which has been clearly marked “RFQ Packet # 24-40”. Responses received after July 16, 2024, 2:00 P.M. will not be considered for the award of the contract and shall be considered void and unacceptable. All late packets will be returned to respondent unopened when properly marked. Public reading is scheduled to be held at the date and time listed above at City Hall, 1220 11th Street, Huntsville, Texas. You are invited to attend.

All questions concerning the solicitation should be directed to the Procurement Agent, Lucy Gonzalez, at email: lgonzalez@huntsvilletx.gov.

Submittals Firms submitting a response do so entirely at their expense. There is no expressed or implied obligation by the City of Huntsville to reimburse any individual or firm for any costs incurred in preparing or submitting a response to this RFQ, for providing additional information when requested by the City of Huntsville, or for participating in any selection interviews.

Information Details on which commodities and services we purchase or have for sale is available from the Purchasing Department. You may register on the City’s vendor management program at www.huntsvilletx.gov/bids to receive notice of bid opportunities. Additionally, you may register at www.publicpurchase.com.

Award The City of Huntsville reserves the right to award to the most responsible and responsive firm in the best interest of the City. If the awarded respondent is unable to meet the requirements of the City, services/products may be purchased from the next best available respondent until a respondent is found that can complete the requirements of the City of Huntsville.

Terms of Contract

Any term of any contract resulting from this RFQ shall be from contract award until FEMA/TDEM project close.

Termination of Contract The City or the Firm shall have the right to cancel at any time for any reason on thirty (30) day written notice. The City of Huntsville reserves the right to terminate this agreement if, in the opinion of the City of Huntsville, the successful firm’s performance is not acceptable, or if the deliveries and servicing of this contract do not conform to the requirements detailed herein. If though any cause, the firm fails to fulfill its obligations, or if the firm violates any of the agreements of this solicitation, the City has the right to terminate by giving the successful respondent thirty (30) calendar days-written notice. During the thirty-day notification period, the City reserves the right to contact and award to other firms. The vendor will be compensated for the satisfactorily deliveries performed before the termination date. Contract may be terminated immediately should there be any illegal or unprofessional activities, alleged or otherwise, occurring or suspected of occurring.

mailto:lgonzalez@huntsvilletx.gov http://www.huntsvilletx.gov/bids http://www.publicpurchase.com/

Bid # 24-40 Page 4 of 34 Firm Name:____________________________ Initials:________

Special Terms & Conditions It is understood that the City of Huntsville, Texas reserves the right to reject any or all products, services and/or qualification for any or all products and/or services covered in this RFQ and to waive informalities or defects in a RFQ or to accept such qualifications as it shall deem to be in the best interests of the City of Huntsville. The City of Huntsville may reject a RFQ for any omission of requested forms not limited to the following: insurance, collusion affidavit, respondent information, conflict of interest, and/or signed RFQ document. If less than three RFQs are received, the City of Huntsville reserves the right to extend the opening date as it deems to be in the best interest of the City. Each elected responder will receive an engagement letter per the awarded contract. The City of Huntsville has the sole last and final determination to determine award.

Preparation of RFQ Each solicitation must be submitted on the prescribed form. The respondent must initial each page of the City of Huntsville RFQ. If the RFQ is submitted by a partnership or corporation, the name and address of the partnership or corporation must be shown, together with the name and address of the partners or corporate officers. RFQ submitted by a partnership must be signed by one of the partners. RFQ submitted by a corporation must be signed by one of the corporate officials having, under the corporate structure, the power to act in this capacity and the corporate seal must be affixed onto the RFQ. RFQ submitted by a sole proprietorship must be signed by the proprietor.

Written Modification Any respondent may modify their RFQ by letter, or other written communication at any time prior to the scheduled closing time for receipt of RFQ’s, provided such written communication is received by the City prior to the closing time, and provided further, the City is satisfied that the written modification bears the signature of the respondent. The written communication should provide the addition or subtraction or other modification so that the final terms will not be known by the City until the sealed RFQ is opened. It is the responsibility of respondent to ensure modification was received by the City.

Qualification of Respondents No prequalification of any respondent is required. Before award of any contract can be approved, however, the City shall be satisfied that the respondent involved: (1) maintains a permanent place of business, (2) has adequate personnel and equipment to do the work properly and expeditiously, (3) has a suitable financial status to meet obligations incident to the work, (4) has appropriate technical experience, and (5) can submit a satisfactory performance record. The City of Huntsville has the final and sole decision to determine qualifications.

Addenda & Interpretations No interpretation of the meaning of the specifications of the RFQ will be made to any respondent orally.

Every question or request for interpretation concerning the RFQ shall be directed to the Procurement Manager, Lucy Gonzalez, in writing via e-mail at lgonzalez@huntsvilletx.gov or sent via mail addressed to the Purchasing Department at 1220 11th St, Huntsville, Texas 77340. All questions or request for interpretation must be received by July 3, 2024 @ 5:00 P.M. as addressed above. All questions or requests for interpretation concerning the solicitation received after July 3, 2024 @ 5:00 P.M. will be considered void and unacceptable.

A written addenda will be issued as a response and will be posted on or before July 8, 2024 @ 5:00 P.M.

on the City of Huntsville website, Public Purchase website and Electronic State Business Daily website.

All addenda so issued shall become part of the contract documents, and receipt thereof shall be acknowledged in the space provided in the RFQ response. It is the responsibility of the respondent to verify all addendums and interpretations.

Bid # 24-40 Page 5 of 34 Firm Name:____________________________ Initials:________

Laws and Regulations The respondent’s attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the City of Huntsville and this solicitation shall apply to the award throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

Obligation of Respondent At the time of the opening of the solicitation each respondent will be presumed to have become familiar with the City’s Parks and Recreation and contract documents (including all addenda). The failure or omission of any respondent to examine any form, instrument or document shall in no way relieve any responder from any obligation in respect of their RFQ.

Required Forms Each respondent will be required to complete the RFQ packet, including the forms in the Required Forms section. Where applicable the respondent may complete the No Response Statement and the Question/Response Form.

RFQ Tabulation To obtain RFQ tabulation results, please log on to our website at http://www.huntsvilletx.gov/business/bids_and_rfps/bid_tabulations/. If you have any other questions, please contact the Procurement Manager, Lucy Gonzalez at (936) 291-5495 or e-mail lgonzalez@huntsvilletx.gov.

General Information The City of Huntsville is seeking qualified firms to provide comprehensive Disaster Recovery and Federal Emergency Management Agency (FEMA) Public Assistance (PA) Consulting Services to support the City’s disaster recovery operations, to expedite financial recovery and mitigation and to minimize impacts from future disasters. Services shall include, but are not limited to, recovery from damage resulting from DR-1781-TX, Texas Severe Storms, Straight-Line Winds, Tornadoes, & Flooding, declared May 17, 2024.

Objective The objective is to secure a consulting firm that can offer expert guidance and support in navigating the complexities of disaster recovery and the FEMA PA program. The selected firm will provide strategic, technical, and operational assistance to ensure effective disaster response and recovery efforts, while adhering to all relevant regulations and policies.

The ideal firm shall include Texas registered engineer(s) and shall possess demonstrated experience in disaster recovery programs with extensive knowledge and expertise in the operation of the Federal Emergency Management Agency’s (FEMA) Public Assistance Program, Hazard Mitigation Program and other federal and state programs to ensure full compliance with all federal, state and local laws.

The City will require any licensed engineer or registered architect to perform services:

(1) With the professional skill and care ordinarily provide by competent engineers or architects practicing under the same or similar circumstances and professional license; and

(2) As expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.

http://www.huntsvilletx.gov/business/bids_and_rfps/bid_tabulations/ mailto:lgonzalez@huntsvilletx.gov

Bid # 24-40 Page 6 of 34 Firm Name:____________________________ Initials:________

Scope of Work

General Responsibilities

• Provide comprehensive disaster recovery consulting services.

• Ensure that all eligible damages have been identified, qualified and presented to all stakeholders, including applicable federal, state and regulatory agencies.

• Serve as the liaison between the City and State and Federal agencies for disaster recovery projects.

• Ensure compliance with all applicable federal, state and local regulations, including but not limited to FEMA guidelines and requirements.

• Develop and implement strategies to maximize reimbursement and funding opportunities.

• Coordinate with federal, state and local agencies, including FEMA, Texas Division of Emergency

Management (TDEM) and other relevant entities.

• Provide training and support to City staff and stakeholders.

FEMA Public Assistance Program Management

• Guide the development of projects, project worksheets and documentation required for FEMA PA applications.

• Assist in the preparation and submission of FEMA PA funding requests.

• Perform cost estimation, scope of work development and project formulation.

• Ensure all eligible damages be incorporated into FEMA Project Worksheets with supporting documentation and proper cost estimates, using the FEMA cost estimating factors when necessary.

• Ensure compliance with FEMA’s requirements for eligibility, cost reasonableness, and procurement, including bid and award support, contract management, construction oversight, project closeout and audit support.

Recovery and Mitigation Strategy

• Develop comprehensive recovery plans that include rebuilding, restoration, and enhancement of damaged facilities.

• Identify and pursue opportunities for hazard mitigation funding and initiatives.

• Assist in the design and implementation of mitigation projects to reduce future risk.

• Coordinate long-term recovery efforts and ensure alignment with community goals and priorities.

Compliance and Documentation

• Ensure adherence to all applicable federal, state and local regulations, including FEMA guidelines.

• Assist in the development and maintenance of comprehensive records and documentation to support audits and reimbursement claims.

• Provide regular updates and reports on recovery progress and compliance status.

• Support the City in managing financial and procurement compliance requirements.

Training

• Conduct training sessions and workshops on disaster recovery and FEMA PA processes.

• Provide ongoing support to enhance the City’s ability to manage future disasters.

• Develop and delivery training materials and resources tailored to the City’s needs.

Deliverables

• Detailed project plans and timelines

• Regular progress reports and compliance updates

• Completed project worksheets and supporting documentation for FEMA PA applications.

• Timely responses to Requests for Information (RFI’s) from FEMA, TDEM, and other relevant agencies.

Bid # 24-40 Page 7 of 34 Firm Name:____________________________ Initials:________

• Comprehensive disaster recovery and mitigation plans.

• Training materials and documentation off training sessions.

Required Contract Clauses Any contract resulting from this RFQ shall include the following clauses.

Compliance with Federal Law, Regulations and Executive Orders This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of this purchase order/contract. The respondent will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

Termination The City may terminate this purchase order/contract at any time upon thirty (30) calendar days written notice.

Upon the service provider’s receipt of such notice, the service provider shall be compensated for the services satisfactorily performed prior to the termination date. If, through any cause, the service provider fails to fulfill its obligations under this contract, or if the service provider violates any part of the agreement of the contract, the City has the right to terminate this contract by giving the service provider five (5) calendar days written notice. The service provider will be compensated for the services satisfactorily performed before the termination date. No terms or provisions of the purchase order/contract shall be construed to relieve the service provider of liability to the City for damages sustained by the City because of any breach of contract by the service provider. The City may withhold payments to the service provider until the exact amount of damages due to the City from the service provider is determined and paid. If the City terminates the contract, the City will equitably compensate the service provider in accordance with the provisions of this purchase order/contract for the services properly performed prior to the date specified in such notice following inspection and acceptance of same by the City. The service provider will not, however, be entitled to lost or anticipated profits, special damages or consequential damages should the City choose to exercise it’s option to terminate.

In addition to other provisions of this Purchase Order/Contract, the City has the right to terminate the Agreement without cause at any time upon giving the Service provider thirty (30) days’ written notice. The service provider will be compensated for the satisfactory deliveries and/or services performed before the termination date.

Equal Employment Opportunity Service provider agrees as follows:

(1) The service provider will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The service provider will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The service provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The service provider will, in all solicitations or advertisements for employees placed by or on behalf of the service provider, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The service provider will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or

Bid # 24-40 Page 8 of 34 Firm Name:____________________________ Initials:________ disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the vendor’s/contractor's legal duty to furnish information.

(4) The service provider will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The service provider will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The service provider will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the vendor’s/contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the service provider may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The service provider will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The service provider will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a service provider becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the service provider may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State, Territorial, or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of vendors/contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may

Bid # 24-40 Page 9 of 34 Firm Name:____________________________ Initials:________ require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Compliance with Contract Work Hours and Safety Standards Act

(1) Overtime requirements. No service provider or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

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

Compliance with Clean Air Act

(1) The service provider agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

Bid # 24-40 Page 10 of 34 Firm Name:____________________________ Initials:________

(2) The service provider agrees to report each violation to the City of Huntsville and understands and agrees that the City of Huntsville will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

(3) The service provider agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act

(1) The service provider agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

(2) The service provider agrees to report each violation to the City of Huntsville and understands and agrees that the City of Huntsville will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

(3) The service provider agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Debarment & Suspension

(1) This contract is a covered transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(3) This certification is a material representation of fact relied upon by the City of Huntsville (hereinafter referred to as “the City”). If it is later determined that the contractor did not comply with 2 C.F.R. pt.

180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(4) The service provider agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2

C.F.R. pt. 3000, subpart C throughout the period of any awarded purchase order/contract. The service provider further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Procurement of Recovered Materials

(1) In the performance of this contract, the service provider shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired-

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

• Meeting contract performance requirements; or

• At a reasonable price.

(2) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s

Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

Bid # 24-40 Page 11 of 34 Firm Name:____________________________ Initials:________

(3) The service provider also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

Compliance with the Contract Work Hours and Safety Standards Act.

(1) Overtime requirements. No service provider or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The City of Huntsville shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

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

Procurement of Recovered Materials

(1) In the performance of this work covered by this Purchase Order/Contract, the service provider shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

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

b. Meeting contract performance requirements; or

c. At a reasonable price.

(2) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

(3) The service provider also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

Bid # 24-40 Page 12 of 34 Firm Name:____________________________ Initials:________

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

ANTI- LOBBYING CERITIFICATION

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

5. The Contractor, _______________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

Bid # 24-40 Page 13 of 34 Firm Name:____________________________ Initials:________

No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any mater resulting from the contract.

Program Fraud and False or Fraudulent Statements or Related Acts The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

Evaluation Criteria The City’s selection committee shall conduct a comprehensive, fair and impartial evaluation of all proposals received in response to this RFQ. The committee shall analyze each RFQ to determine the overall responsiveness and the respondent’s ability to provide the services as detailed in this RFQ. The adequacy, depth and clarity of the response will influence its evaluation. The committee may select all, some or none of the respondents for interviews. If the City elects to conduct interviews, respondents may be reevaluated based upon the initial scoring criteria. Once a respondent has been chosen, the City will negotiate and submit the agreement to the City Council for approval. The proposal shall be scored according to the criteria and corresponding points noted in this Section.

EVALUATION CRITERIA POINTS

Qualifications of Firm and Key Staff 35

FEMA PA Program Experience 30 Proposed Approach and Methodology 25

References from Past Clients, Including Texas Municipalities

Proposal Format The respondent shall submit one (1) original signed paper copy and five (5) copies of its response. In addition, the respondent shall submit one (1) electronic copy (CD or USB), containing a complete copy of Respondent’s submission in a searchable PDF format.

Title Page (1 page) Document title, the name of firm, address, telephone number(s), name of contact person and date.

Tab 1: Letter of Interest (1 page) This letter shall provide a statement of interest and understanding of the work, cite the individual who will be the primary point-of-contact for matters relating to the submittal (include contact information) and shall be signed by an individual with authority to commit the firm to the project. The letter shall include a narrative description of the strengths associated with the lead firm and consultants.

Tab 2: Table of Contents (1 page) Clearly identify the materials by Sections and Page Number

Tab 3: Qualifications of Firm and Key Staff (35 Points) 3.1: Qualifications of Firm

• Provide a summary of the firm’s history, capabilities, and areas of expertise, particularly in working with FEMA and TDEM on flood protection, flood control and drainage migration projects.

This summary should include:

o Company Profile: Background information, size, structure, and key areas of expertise; and

Bid # 24-40 Page 14 of 34 Firm Name:____________________________ Initials:________ o Capabilities Statement: Detailed description of the firm’s services, capabilities, and unique strengths in emergency management and disaster recovery.

• Include verification that your firm, as well as principles, are not listed (are not debarred) through the SAM (www.SAM.gov). Enclose a printout of the search results that include the record sate and the Unique Entity ID for the firm.

3.2: Qualifications of Key Staff

• Provide Resumes of Key Personnel who will be involved in the project, emphasizing experience and specific roles in past FEMA and TDEM projects focused on flood protection, flood control and drainage mitigation.

• Include Engineer license information, other licenses relevant to disaster recovery and project management, as well as certificates of completion for FEMA-related courses.

• Include at least three brief project case studies for each key staff member detailing the role, responsibilities, and contributions to successful project outcomes, with specific focus on development, reporting, monitoring, reimbursement coordination and training experience.

• Explain the role each key staff member will provide for this project.

Tab 4: FEMA Program Experience (30 Points) Provide detailed project summaries of completed FEMA PA projects focusing on flood protection, flood control and drainage/mitigation projects. Summaries should include:

• Project Overview with the client and project names, location, description, start and end dates;

• Scope of Work with detailed description of the work performed;

• Budget and Funding detailing the total budget, amount of FEMA funding secured, and breakdown of costs;

• Reporting Examples -o Samples of completed project worksheets with supporting documentation;

o Samples of reports submitted to FEMA and DEM, demonstrating adherence to reporting requirements;

• Outcomes: Results achieved, including completion status and impact;

• Challenges and Solutions: Specific problems encountered and how they were addressed.

Tab 5: Project Approach and Methodology (25 Points) Provide a comprehensive plan outlining the proposed approach to managing the project.

• Provide a detailed project plan that includes objectives, scope, timelines and milestones.

• Explain your overall approach to the project, including key methodologies and strategies.

• Include a proposed timeline, showing project phases, tasks and expected deadlines.

Tab 6: References from Past Projects, Including Texas Municipalities (10 Points) Provide at least five references for projects that you have acted as a consulted for FEMA PA projects. At least three of these must be Texas Municipalities. Include the following information.

● Contact information: Name, Position, Agency, Phone Number and Email Address.

● Project Information: Type, scope, duration and project dates.

Tab 9: Required Documents Respondent is to include the signed RFQ and complete all required forms provided in the section titled “Required Forms.” Failure to include these forms may disqualify the respondent from consideration.

Respondent must indicate in writing and offer alternative language to any terms and conditions that re n ot feasible. If a response is signed and submitted without including specific identification of all terms and conditions that are not feasible, the City will not negotiate the terms and conditions and reserves the right to commence negotiations with other respondents.

http://www.sam.gov/

Bid # 24-40 Page 15 of 34 Firm Name:____________________________ Initials:________

Safety Standards & Accident Prevention With respect to all work performed under this contract, the CONTRACTOR shall:

(1) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property.

(2) Maintain at his office or other well-known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care.

Insurance Requirements

The awarded responder shall furnish and keep in full force (at its own cost and expense) the following insurance during the term of this Contract:

a. Commercial General Liability at minimum combined single limits of ($1,000,000 per occurrence and $2,000,000 general aggregate) for bodily injury and for property damages, which coverage shall include products/completed operations at $1,000,000 per occurrence.

b. Commercial Automobile Liability at minimum combined single limits of $300,000 per occurrence for Bodily Injury and Property Damage, including owned, non-owned, and hired vehicle coverage.

c. Worker’s Compensation as required per statute.

d. Professional Liability (Errors and Omissions) against claims for bodily injury, property damage, and economic loss arising out of negligent acts, errors, or omissions committed I the performance of the services under this contract. The minimum coverage limits shall be $2,000,000 per occurrence and $2,000,000 in the aggregate.

All insurance must be written on forms filed with and approved by the Texas Board of Insurance.

Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent.

The awarded responder shall furnish at their own expense to the City of Huntsville, a Certificate of Liability Insurance listing the City as an “Additional Insured” via endorsement. In Description of Operations will need wording similar to: Blanket additional insured is added in favor of the certificate holder with respects to the general liability coverage as required by written contract. Blanket Waiver of Subrogation is added in favor of the certificate holder with respects to workers compensations coverage as required by written contract. Certificate Holder to be: City of Huntsville 1212 Ave M Huntsville TX 77340.

The required insurance must contain a provision that at least thirty (30) days prior notice of cancellation, non-renewal, or material change of said insurance shall be submitted to the city, by the insurance company. The City reserves the right to full, certified copies of all required insurance policies when requested in writing. Insurance will be required prior to purchase order being issued.

Copy of insurance to be supplied prior to award

Bid # 24-40 Page 16 of 34 Firm Name:____________________________ Initials:________

Required Forms

Conflict of Interest

Bid # 24-40 Page 17 of 34 Firm Name:____________________________ Initials:________

Bid # 24-40 Page 18 of 34 Firm Name:____________________________ Initials:________

Certificate of Interested Parties Form 1295

Pursuant to Section 2252 of the Texas Government Code, any business entity entering into a contract with a local government that requires approval of the governing body must submit a Disclosure of Interested Parties to the local government prior to the execution of the contract.