ESBD_422227_1747865963386_RFP 25-24 Disaster Recovery Consulting Services.pdf

Bid # 25-24 Page 1 of 43 Firm Name:____________________________ Initials:________

REQUEST FOR PROPOSALS (RFP) NO. 25-24

“Disaster Recovery Consulting Services”

Table of Contents Tentative Schedule of Events Introduction General Instructions

Proposal Submittals Information Award Terms of Contract Termination of Contract Special Terms & Conditions Preparation of Proposal Written Modification Qualification of Respondent Addenda & Interpretations Deviation From Requirements Evaluation Laws and Regulations Obligation of Respondent Proposal Tabulation

General Specifications Communication CFR 200 Compliance Language – Procurement Suspension and Debarment Byrd Anti-Lobbying Amendment, as amended, 31 USC § 1352

Scope of Services Requirements For Proposal Price Table Safety Standards & Accident Prevention

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

Sealed solicitations shall be received no later than:

2:00 P.M., Central Time June 18, 2025

MARK ENVELOPE: “Solicitation Packet 25-24”

ALL PAGES MUST BE INITIALED AND RETURNED,

IF NOT BID MAY BE REJECTED.

RETURN SEALED RFP:

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

Bid # 25-24 Page 2 of 43 Firm Name:____________________________ Initials:________

Insurance Requirements Federal Requirements for Contractual Agreements

Legal/Contractual/Administrative Remedies for Breach of Contract Termination for Cause and Convenience Equal Employment Opportunity Davis-Bacon Act

Applicable Wage Determination for Walker County, Texas:

Copeland “Anti-Kickback Act Contract Work Hours and Safety Standards Act Rights to Inventions Made Under a Contract or Agreement Clean Air Act and Federal Water Pollution Control Act Suspension and Debarment Byrd Anti-Lobbying Amendment Procurement of Recovered Materials Prohibition on Contracting for Covered Telecommunications Equipment or Services Domestic Preferences for Procurement Build America, Buy America Act (BABAA)

Required Forms Conflict of Interest Certificate of Interested Parties Form 1295 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 Certification Regarding Lobbying

Proposal Terms & Conditions No-Response Statement Respondent’s Information

Tentative Schedule of Events

May 21, 2025 – Release Solicitation

May 24 and May 31, 2025 - Legal Advertisement

June 4, 2025 – Questions Due to Procurement Manager

June 18, 2025 at 2:00 P.M. – Public Solicitation Opening

June 2025 – Award Preparation

Introduction The City of Huntsville, Texas (the “City”) is soliciting proposals to establish a pre-positioned contract for technical and professional services to support the City’s responsibilities under the FEMA Public

Assistance program and other applicable disaster recovery or grant programs. The City of Huntsville is aware of the time and effort you expend in preparing and submitting bids and proposals to the City. Please

Bid # 25-24 Page 3 of 43 Firm Name:____________________________ Initials:________ let us know of any requirements which are causing you difficulty in responding to our requests. We want to make the process as easy and painless as possible so that all responsible vendors can compete for the

City's business.

General Instructions Sealed proposal packets must be delivered to Attention of:

City Secretary, City of Huntsville, 1220 11th Street, Huntsville, TX 77340.

Proposal Packets must be received by

June18, 2025 at 2:00 P.M. Central Time

It is the sole responsibility of each respondent to have the proposal at the designated location prior to the deadline date and time. Each proposal must be sealed in an opaque envelope that has been clearly marked

“Solicitation Packet 25-24”. All late packets will be returned to the 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 Manager, Lucy Gonzalez at e-mail purchasing@huntsvilletx.gov.

Proposal Submittals Respondents submitting a proposal 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 proposal, 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 available 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 respondent in the best interest of the City based on price and/or based on best value meeting the requirements for this service. The City reserves the right to consider items such as safety record, references, previous performance, delivery time or a criteria specific to this project which the city considers weighted. The

City may award to multiple providers or to a single provider. If the awarded respondent is unable to meet the requirements of the City, services/products may be purchased from the next best available respondent and continue until a respondent is found that can complete the requirements of the City of Huntsville. The

City reserves the right to order from another vendor in which the City determines an emergency or urgent need becomes necessary. The City of Huntsville has the sole, last and final determination to determine award. The City reserves the right to reject any proposals that do not meet specifications stated herein or reject all proposals should this project not be approved for any reason.

*Best Value: An assessment and/or award based on analysis of the total life cycle of the item. Combination criteria which can be used are:

price, quality of item, location of respondent, safety record of respondent, past relationship with respondent, and/or any relevant criteria specifically listed.

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

Bid # 25-24 Page 4 of 43 Firm Name:____________________________ Initials:________

Terms of Contract

It is anticipated that the City will issue a consulting services contract with an initial contract period of three (3) years and an option to renew in one (1) year increments for a period of two (2) one-year renewals.

It is expressly understood that the City’s selection of any proposal does not constitute an award of a contract agreement with the City. Once the City has selected a proposal, contract negotiations will follow between the City and the selected respondent; it is further expressly understood that no contractual relationship exists with the City until a contract has been executed by both the City and the selected respondent.

It is expressly understood that upon award of a contract by the City, the City does not guarantee any work or payment for services. The City shall issue Task Orders stating the scope, duration, and payment amounts or rates for any work to be performed under the awarded contract. Task Orders will be issued and signed by the awarded respondent prior to any work commencing. Task Orders may be terminated or amended at any time by the City.

Termination of Contract The City of Huntsville reserves the right to terminate this agreement if, in the City's opinion, the successful bidder (hereinafter referred to as the "Contractor") fails to perform satisfactorily; if the delivery of goods or services does not conform to the specifications set forth herein; or for any other cause deemed to be in the City's best interest.

The City may also terminate this contract, in whole or in part, for convenience and without cause by providing the Contractor with thirty (30) calendar days’ written notice. Such termination shall not be considered a breach of contract. The Contractor shall be compensated for all services performed or goods delivered and accepted by the City prior to the effective date of termination.

If, through any cause, the Contractor fails to fulfill its obligations under this contract or breaches any term or condition, the City may terminate the agreement by providing thirty (30) calendar days' written notice.

In the event the Contractor violates any law or engages in illegal activity, the City reserves the right to terminate the agreement immediately.

The Contractor may also terminate this agreement by providing thirty (30) calendar days’ written notice to the City of Huntsville. The City will compensate the Contractor for satisfactory services performed or goods delivered prior to the termination date.

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 solicitation and to waive informalities or defects or to accept such qualifications as it shall deem to be in the best interests of the

City of Huntsville. If less than three responses are received, the City of Huntsville reserves the right to resolicit as it deems to be in the best interest of the City. Each elected respondent will receive a purchase order at the prices quoted. Respondent must be able to complete the job within a reasonable time of request for service. Should the awarded respondent not be able to respond, the City reserves the right to offer service to the next available respondent. The City of Huntsville reserves the right to make the award of solicitation line items in whole, parts or to reject any and all proposals or proposal line items if it is determined to be in the best interest of the City. The Bid Terms and Conditions reference any and all indemnification language that is required and not stated to the fullest extent of the law. The City of

Huntsville has the sole last and final determination to determine award with no recourse to the fullest extent of the law.

Bid # 25-24 Page 5 of 43 Firm Name:____________________________ Initials:________

Preparation of Proposal Each Proposal must be submitted on the prescribed form. All blank spaces for prices must be filled in, in ink or typewritten and must be fully completed and executed when submitted. If the unit price and the total amount named for an item are not in agreement, the unit price alone will be considered as representing the respondent’s intention and the total will be corrected to conform thereto. The respondent must sign their solicitation in the space provided on the respondent’s form. If the Proposal 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. Proposals submitted by a partnership must be signed by one of the partners. Proposals 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.

Proposals submitted by a sole proprietorship must be signed by the proprietor.

Written Modification Any respondent may modify their proposal by letter, electronic or other written communication at any time prior to the scheduled closing time for receipt, 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 not reveal the proposal price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the City until the sealed proposal is opened. It is the responsibility of the respondent to ensure the modification was received by the City.

Qualification of Respondent No pre-qualification of a 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 plant 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.

Addenda & Interpretations No interpretation of the meaning of the plans, specifications or other pre-proposal documents will be made to any respondent orally.

Every question or request for interpretation concerning the solicitation shall be directed to the Procurement

Manager, Lucy Gonzalez, in writing via e-mail at purchasing@huntsvilletx.gov or sent via mail addressed to the Purchasing Department at 448 SH 75 North, Huntsville, Texas 77320. All questions or request for interpretation must be received by June 4, 2025 @ 5:00 P.M. as addressed above. All questions or requests for interpretation concerning the solicitation received after June 4, 2025 @ 5:00 P.M. will be considered void and unacceptable.

A written addendum will be issued as a response and will be posted on or before June 9, 2025 @ 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 solicitation document. It is the responsibility of the respondent to verify all addenda and interpretations.

Deviation From Requirements Respondents shall clearly indicate, by letter and on a point-by-point basis, any and all deviations from the requirements outlined in this RFP. This includes, but is not limited to, deviations from the General

Specifications, Requirements for Proposal, Required Forms, or any other part of this solicitation. All variances must be attached to the proposal under a clearly labeled section.

Bid # 25-24 Page 6 of 43 Firm Name:____________________________ Initials:________

If no exceptions or deviations are identified in the proposal, the City will assume full compliance and will require the successful respondent to deliver all goods and/or services as specified in the RFP.

Contract terms and conditions for Disaster Recovery and Management Services will be negotiated following the selection of a successful respondent. Final contract terms — including scope of services, budget, schedule, and FEMA compliance provisions — will be subject to review and approval by the City of Huntsville Legal Department. The resulting agreement must comply with all applicable federal, state, and local procurement regulations, including the requirements of 2 CFR Part 200 for FEMA-funded projects.

Evaluation The City’s selection committee shall conduct a comprehensive, fair, and impartial evaluation of all proposals received in response to this RFP. The committee shall analyze each proposal to determine the overall responsiveness and the qualifications of each respondent. 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(s) 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 points noted in this Section. Respondents shall label their proposal criteria in accordance with the corresponding tab identifier. A more complete breakdown of the evaluation criteria is located in Section “Requirements for Proposal.”

TAB EVALUATION CRITERIA POINTS

A Experience and Qualifications 30

B Technical Approach and Methodology 25

C Capacity and Availability 15

D Cost Proposal 20

E Compliance with Federal. State and Local

Procurement Regulations

Laws and Regulations The respondents’ attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction shall apply to the award throughout, and they will be deemed to be included in the proposal document the same as though herein written out in full.

Obligation of Respondent At the time of the proposal opening, each respondent will be presumed to have reviewed and to be thoroughly familiar with the contract documents, including all addenda. The failure or omission of any respondent to examine any required form, instrument, or document shall in no way relieve them of any obligation related to their proposal.

Proposal Tabulation To obtain proposal 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 purchasing@huntsvilletx.gov.

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

Bid # 25-24 Page 7 of 43 Firm Name:____________________________ Initials:________

General Specifications The City of Huntsville is requesting competitive proposals from qualified firms to establish a pre-positioned contract for technical and professional services to assist with or implement the City’s responsibilities under the FEMA Public Assistance (PA) program, as well as other federal, state, and non-federal disaster recovery and grant programs that may be available following an emergency or disaster event. These services will include, but are not limited to, grants management and administration, project management, and disaster recovery support. This contract does not guarantee any minimum quantity of services, and its use will be determined solely by the City based on its needs at the time of an emergency or disaster.

All submitted proposals will become part of the final contract.

Communication All communication and questions concerning this solicitation, including any of a technical nature, shall be made in writing to the procurement manager. Respondents are specifically barred from contacting any user department personnel involved in this solicitation for the purpose of discussing this solicitation. Violation may result in the respondent's disqualification.

CFR 200 Compliance Language – Procurement While assisting the City with project procurements or in the event the vendor must procure additional resources post-contract award, the awarded respondent will strictly adhere to 2 CFR 200 procurement rules. This includes adhering to the strictest provisions of Federal, State and Local Procurement Rules, Regulations and/or Ordinances.

Suspension and Debarment Any contract resulting from this RFP will be considered a covered transaction for purposes of 2 CFR part

180 and 2 CFR Part 3000. As such, the awarded respondent (hereinafter referred to as ‘Contractor') is required to verify that none of the Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates

(defined at 2 CFR § 180.940) are disqualified (defined at 2 CFR § 180.935).

The Contractor must comply with 2 CFR part 180, subpart C and 2 CFR part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters.

This certification is a material representation of fact relied upon by the City of Huntsville. If it is later determined that the contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000 subpart C, in addition to remedies available to the City of Huntsville, the Federal Government may pursue available remedies, including, but not limited to suspension and/or debarment.

The respondent agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3---, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.

The respondent further agrees to include a provision requiring such compliance in its lower-tier covered transactions.

Byrd Anti-Lobbying Amendment, as amended, 31 USC § 1352 Respondents who apply or bid for an award of more than $100,000 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 USC § 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 to the recipient, who in turn will forward the certification(s) to the federal agency.

Bid # 25-24 Page 8 of 43 Firm Name:____________________________ Initials:________

Scope of Services The scope of services described herein requires the Respondent to develop and implement a recovery plan to restore facilities to their pre-disaster condition. The main objective of this RFP and the resulting

Disaster Consulting and Grant Administration Services contract is to maximize eligibility and reimbursement for all aspects of the recovery program, providing planning expertise, mitigation planning and implementation, and other potential federal and state funding opportunities. This may include but is not limited to, the following.

1. Provide assistance to the City with regard to disaster assistance and management of any type needed to include, but not limited to, response and preliminary damage assessments; coordination with any State of Texas Division of Emergency Management (TDEM) or Federal Emergency

Management (FEMA) recovery and mitigation services, and any other federal or state agency as needed. The Contractor must be available within 24-48 hours following a declared disaster or notification of need by the City to begin coordination efforts.

2. Provide broad-based support services for response, recovery, and administration activities, ensuring the City is able to accomplish and maximize (if available) federal and state grant funding for activities such as debris operations, emergency protective measures and recovery missions, infrastructure, and other activities that service the public’s health and safety.

3. Provide guidance in receiving reimbursement for the repair and potential replacement of the loss of critical infrastructure under the FEMA PA Program.

4. Support the City in conducting and documenting preliminary damage assessments (PDAs) to determine disaster impact and magnitude. Collaborate with the City on project formulation of

FEMA projects and state and Federal grants, including developing scope of work, cost estimates, detailed damage descriptions (field team assessment of damages including damaged structures, contents, etc.), and required backup documentation for submittal of project worksheets and grant applications.

5. Collaborate on project formulation for FEMA, state, and federal grants, including developing scope of work, cost estimates, damage descriptions, and required documentation for project worksheets and grant applications.

6. Provide support for documenting damages in the FEMA Portal, including uploading and managing required documents.

7. Coordinate with FEMA, federal and state agencies, and local jurisdictions for status/action plan meetings, priority setting, scope changes, updates, quarterly reporting, time extensions, and deliverables.

8. Assist City procurement with the development of bid packages (to include coordination with City

Engineering or Architect/Engineering Consultant) that align with the project's scope of work, damages, performance measures, and procurement laws in accordance with federal and state regulations.

Bid # 25-24 Page 9 of 43 Firm Name:____________________________ Initials:________

9. Develop improved and/or alternate project requests to include Section 428- Sandy Recovery

Improvement Act (SRIA) alternative arrangement projects within the recovery process within established FEMA timelines.

10. Develop and implement Section 406 Hazard Mitigation Proposals (HMPs) and Section 404 Hazard

Mitigation Grant Program (HMGP) applications, including FEMA Benefit Cost Analysis (BCA) methodologies.

11. Prepare applications and BCAs for the Building Resilient Infrastructure and Communities (BRIC) program.

12. Research and identify grant funding opportunities from federal, state, and foundation sources to support the City’s needs in areas such as community and economic development, public works, infrastructure, parks and recreation, transportation, GIS, and municipal planning.

13. Assist in insurance optimization by working with insurance carriers to maximize disaster-related coverage and providing recommendations on future policy negotiations.

14. Ensure compliance with applicable regulations, including the Stafford Act, Environmental and

Historic Preservation Management, Davis-Bacon, and Section 3 of the HUD Act.

15. Develop amendments requesting changes to scope of work, costs, insurance, or other discrepancies.

16. Assist in preparing and revising the City’s Hazard Mitigation Plan to identify opportunities to reduce risks from future events.

17. Provide grant administrative support to maximize reimbursements for disaster recovery expenses.

18. Prepare and conduct the final cost reconciliation and close-out packaging to ensure maximum funding recovery, audit readiness, and resolution of arbitration and appeals.

19. Coordinate with other consultants and vendors for related services such as accounting, legal, architecture, engineering, environmental, restoration, and construction.

20. Track, monitor, and report time and activities performed by consulting staff per project under federal guidance for administrative, indirect, and project management costs.

21. Prepare monthly written performance and status reports detailing hours billed, amounts invoiced, project worksheet and grant application developments, approvals, reimbursements received, and any outstanding issues requiring City assistance.

22. Prepare and respond to inspections, audits, and formal audit justifications as needed.

23. Attend meetings with City staff, City Council, and federal, state, and county agencies to present and negotiate project worksheets and grant applications.

The successful respondent will work closely with the City to ensure compliance with all applicable federal, state, and local regulations and to optimize funding opportunities for disaster recovery and infrastructure projects. Services provided will not be limited to FEMA Public Assistance (PA) applications, but may also include support for other federal, state, or grant programs as needed to maximize reimbursement and recovery funding.

Bid # 25-24 Page 10 of 43 Firm Name:____________________________ Initials:________

Requirements For Proposal The RFP response outside cover and/or first page shall include the respondent’s firm name, contact information, and business address. Submit one (1) unbound original and one (1) digital copy in searchable

PDF format on a USB drive. The submission shall be organized with tabs clearly divided and labeled A -

F, with each section containing the required information as outlined below.

Tab A Experience and Qualifications (30 Points)

• Detail the firm’s experience with FEMA Public Assistance (PA) programs, including grant administration, disaster recovery, and appeals (both first and second-level).

• Describe past work with federal and state agencies, including FEMA and the Texas Division of

Emergency Management (TDEM).

• Provide a summary of key personnel’s qualifications, certifications, and experience in disaster consulting and grant management.

• Include at least three (3) references from similar engagements, preferably with municipal or government clients.

Tab B Technical Approach and Methodology (25 Points)

• Demonstrate understanding of the City’s scope of work, objectives, and recovery needs.

• Describe the proposed approach to maximizing reimbursement and ensuring compliance with applicable federal, state, and local regulations.

• Outline strategies for developing recovery plans, hazard mitigation proposals, insurance coordination, and claims optimization.

• Explain the firm’s project management approach, including coordination with City staff and documentation practices.

Tab C Capacity and Availability (15 Points)

• Describe the firm’s ability to mobilize and provide support within 24 to 48 hours following a disaster declaration or notification by the City.

• Identify available resources, including qualified personnel, project teams, and technical systems for data management and documentation.

• Explain how services can be scaled to meet varying levels of disaster impact and City needs.

Tab D Cost Proposal (20 Points)

• Respondents must complete the Price Table provided below to submit their fee schedule. The Price

Table must include all proposed labor categories. Additional job titles not listed may be added.

Additional pages may be added, but do not substitute or alter the provided Price Table format.

• Profit (expressed as a percentage or actual cost) must be clearly identified and will be negotiated as a separate element of the total contract price.

• Describe how the cost proposal is competitive and cost-effective in maximizing available federal and state recovery funds.

Tab E Compliance with Federal. State and Local Procurement Regulations (10 Points)

• Provide a statement confirming the firm’s ability to comply with all applicable federal, state, and local procurement regulations, including but not limited to 2 CFR Part 200 (Uniform

Administrative Requirements).

• Include a copy of the firm’s registration information from SAM.gov, including the Unique Entity

ID (UEI) and current exclusion status. The same should be included for any subcontractors or partner firms proposed in the response. All registrations must be active and not expired at the time of submission.

Bid # 25-24 Page 11 of 43 Firm Name:____________________________ Initials:________

• Include a description of internal controls and procedures used to maintain compliance with grant-funded project requirements.

Tab F Required Forms and Documents

• Completed and signed copy of the RFP.

• A letter clearly indicating any and all deviations from the RFP requirements, including the General

Specifications, Scope of Services, and Proposal Requirements. Refer to the Deviation from

Requirements section of this RFP for guidance.

• Certificate of insurance or a written statement confirming the firm’s ability to obtain the required coverage.

• Completed conflict of interest form and all other required documents listed in the Required Forms section of this RFP.

Bid # 25-24 Page 12 of 43 Firm Name:____________________________ Initials:________

Price Table Please provide fully burdened hourly rates for each labor category listed below. These rates should include all wages, overhead, administrative costs, and other associated costs necessary to perform the services described in the Scope of Work.

• Respondents may add additional job titles if needed to reflect the structure of their proposed team.

• If multiple individuals fall under the same title with different rates (e.g., based on experience), indicate the range or list each separately.

• Profit must be clearly identified and negotiated as a separate element of the total contract price. To comply with FEMA and federal procurement requirements, respondents must disclose and certify the profit percentage proposed as part of their submission.

Note: The City reserves the right to negotiate labor categories and rates.

Job Title Hourly Rate Overtime Rate

(if applicable)

Comments/Notes

Project Manager

Grant Administrator $ $

Financial Analyst $ $

Compliance Specialist $ $

Field Inspector / Assessor $ $

Public Assistance

Specialist

Compliance Specialist $ $

Mitigation Specialist $ $

Administrative Support $ $

Profit Certification:

• Proposed Profit Percentage: ______%

Bid # 25-24 Page 13 of 43 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 respondent shall furnish and maintain, at its own cost and expense, the following insurance during the term of this contract. Proof of insurability must be provided in the proposal:

1. Commercial General Liability Insurance:

Minimum combined single limits of $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage, including coverage for products/completed operations at a minimum of $1,000,000 per occurrence.

2. Commercial Automobile Liability Insurance:

Minimum combined single limits of $300,000 per occurrence for bodily injury and property damage, including coverage for owned, non-owned, and hired vehicles.

3. Cyber Liability Insurance:

Coverage for risks related to data breaches, cyberattacks, or hacking incidents involving financial or personal data, including the costs of data recovery, legal fees, and notifications.

4. Professional Liability Insurance (Errors and Omissions):

Coverage to protect against claims of negligence, errors, or omissions related to services or advice provided to the City.

5. Workers’ Compensation Insurance

Statutory limits as required by the State of Texas.

All insurance policies must be written on forms filed with and approved by the Texas Department of

Insurance. Certificates of Insurance shall be issued by the insurance company or its authorized agent.

The awarded respondent shall provide the City of Huntsville with a Certificate of Liability Insurance, listing the City as an "Additional Insured" via endorsement. The Description of Operations on the certificate should include language such as: "Blanket additional insured is added in favor of the certificate holder with respect to the general liability coverage as required by written contract" and "Blanket Waiver of Subrogation is added in favor of the certificate holder with respect to workers' compensation coverage as required by written contract." The Certificate Holder must be listed as: City of Huntsville, 1212 Ave

M, Huntsville, TX 77340.

The required insurance policies must include a provision for at least thirty (30) days' notice of cancellation, non-renewal, or material change, which the insurance company must submit to the City. The

City reserves the right to request full, certified copies of all required insurance policies in writing.

Insurance must be provided prior to the issuance of any purchase order.

Proof of insurability must be included with the proposal.

Bid # 25-24 Page 14 of 43 Firm Name:____________________________ Initials:________

Federal Requirements for Contractual Agreements All contracts executed as a result of this RFP between the successful respondent and the City of

Huntsville, as well as any lower-tier subcontracts entered into by the awarded respondent, must include all applicable federally mandated contract provisions, including but not limited to those required under 2

C.F.R. Part 200, Appendix II, such as the following:

Legal/Contractual/Administrative Remedies for Breach of Contract Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. [Reference: 2 CRF 200 Appendix II (A)]

Termination for Cause and Convenience All contracts in excess of $10,000 must address termination for cause and for convenience by the non-

Federal entity, including the manner by which it will be effected and the basis for settlement. [Reference:

2 CFR 200 Appendix II (B)]

Equal Employment Opportunity Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, ‘‘Equal Employment Opportunity’’ (30 FR 12319, 12935, 3 CFR Part, 1964–1965 Comp., p. 339), as amended by Executive Order 11375, ‘‘Amending Executive Order 11246 Relating to Equal Employment

Opportunity,’’ and implementing regulations at 41 CFR part 60.

“During the performance of this contract, the Contractor agrees as follows:

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

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor 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 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, 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 Contractor 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 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 contractor's legal duty to furnish information.

Bid # 25-24 Page 15 of 43 Firm Name:____________________________ Initials:________

(4) The Contractor 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 Contractor 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 Contractor 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 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 contractor 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 Contractor 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

Contractor 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 contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter 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 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 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 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

Bid # 25-24 Page 16 of 43 Firm Name:____________________________ Initials:________ 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.” [Reference: 2 CFR Appendix II (C)]

Davis-Bacon Act The Davis-Bacon Act clause is required in any federally funded construction contract over $2,000 when mandated by the specific federal program's legislation. When applicable, contractors must comply with

Department of Labor wage regulations and include the same provisions in all subcontracts.

“Compliance with the Davis-Bacon Act

All prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions

Applicable to Contracts Covering Federally Financed and Assisted Construction”).

Contractors must comply with the Davis-Bacon Act and ensure that laborers and mechanics are paid wages not less than those established by the U.S. Department of Labor in the applicable wage determination.

Additionally, contractors must:

• Post the applicable wage determination at the job site.

• Include these requirements in all subcontracts.

• Maintain payroll and basic records for all laborers and mechanics and submit certified payrolls to the recipient or subrecipient as required.

Violations of the Davis-Bacon Act may result in withholding of payments, contract termination, and debarment.”

Applicable Wage Determination for Walker County, Texas:

Davis-Bacon Act WD # TX20250188, Construction – Building

Davis-Bacon Act WD # TX20250091, Construction - Heavy

Davis-Bacon Act WD # TX20250033, Construction – Heavy Dredging

Davis-Bacon Act WD # TX20250028, Construction - Highway

[Reference 2 CFR 200 Appendix II (D)]

Copeland “Anti-Kickback Act For all prime construction contracts above $2,000, when the Davis-Bacon Act also applies, recipients or subrecipients must include a provision in contracts and subcontracts for compliance with the Copeland

“Anti-Kickback” Act.

“Compliance with the Copeland “Anti-Kickback” Act.

Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of

29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.

Bid # 25-24 Page 17 of 43 Firm Name:____________________________ Initials:________

Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses.

Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”

[Reference 2 CFR 200 Appendix II (D)]

Contract Work Hours and Safety Standards Act This required contract clause applies to all procurements over $100,000 involving the employment of mechanics, laborers, and construction workers.

“Compliance with the Contract Work Hours and Safety Standards Act.

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

(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 therefor shall be liable for the unpaid wages and interest from the date of the underpayment. 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 watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $32 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).

(3) Withholding for unpaid wages and liquidated damages—

(i) Withholding Process. The (insert name of recipient or subrecipient) may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, any other federal contract with the same prime contractor, or any other federally assisted contract subject to…