ESBD_546843_1786046809550_Specifications Hazard Mitigation.pdf

JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6

PURCHASING DEPARTMENT

Karen K. Johnson, MBA, CTCD/CTCM: Chief Business Officer

6550 Walden Rd., Beaumont, Texas 77707 Phone: 409-842-1818 Fax: 409-842-2729

LEGAL NOTICE

Advertisement for Request for Proposal

August 6, 2026

Notice is hereby given that sealed proposals will be accepted by Jefferson County Drainage District No. 6’s (District) Purchasing Department for RFP 26-026/SC, Five (5) -Year Update to the Jefferson County Drainage District No. 6 Hazard Mitigation Plan. Specifications for this proposal may be obtained from the District’s website, https://dd6.org/departments/purchasing/notices-for-bid/.

Proposals are to be sealed and addressed to the Chief Business Officer with the proposal number and name marked on the outside of the envelope or box. Proposers shall forward an original and four (4) hard copies of their proposal to the address shown below. Late proposals will be rejected as non-responsive. Proposals will be publicly opened and only the firm name will be read aloud in the Jefferson County Drainage District No. 6 Board Room at the time and date below. Proposals shall be opened in a manner that avoids disclosure of the contents to competing Proposers and maintains the confidentiality of the proposals during negotiations. Proposals will be open for public inspection after the award of the contract, except for trade secrets and confidential information. Proposers are invited to attend the sealed proposal opening.

PROPOSAL NAME: Five (5) -Year Update to the Jefferson County Drainage District No. 6 Hazard Mitigation Plan

PROPOSAL NO: RFP 26-026/SC

DUE DATE/TIME: 2:00 PM CDT, August 27, 2026 MAIL OR DELIVER TO: Jefferson County Drainage District No. 6 Purchasing Department 6550 Walden Road Beaumont, Texas 77707

Any questions relating to these requirements should be directed to Shelby Clodfelter, CTCD, Buyer/Contract Administrator II, in writing to sclodfelter@dd6.org. by August 24, 2026, by 1:00 PM, CST. Jefferson County Drainage District No. 6 reserves the right to accept or reject any or all bids, to waive technicalities and to take whatever action is in the best interest of the District.

All interested vendors are invited to submit a proposal in accordance with the terms and conditions stated in this bid. All contractors/subcontractors whose System for Award Management (SAM.gov) registration is not active or that are debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs may not undertake any activity in part or in full under this project.

RESPONDENTS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE INVITATION.

Karen K. Johnson, MBA, CTCD/CTCM Chief Business Officer Jefferson County Drainage District No. 6, Texas Publish: Beaumont Examiner August 6th, and August 13th, 2026 https://dd6.org/departments/purchasing/notices-for-bid/

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Table of Contents

Table of Contents Proposal Submittal Checklist Introduction to Proposers Response Format Proposal Submittal Scope of Services Project Requirements Proposal Evaluation and Selection Process Cost Proposal Proposer References Signature Page Conflict of Interest Questionnaire Good Faith Effort (GFE) Notice of Intent (NOI) Subcontracting Participating Declaration Form (HUB)

Proposal Submissions:

Proposer is responsible for submitting:

■ One (1) original proposal copy to include a completed copy of this specifications packet, in its entirety.

■ Four (4) numbered proposal copies to include at a minimum all pages requiring completion and/or marked with instructions to be returned with proposal submission and any other documentation requested within these specifications.

Additionally, Proposer must monitor the Jefferson County Drainage District No. 6 Purchasing Department Website (below) to see if addenda or additional instructions have been posted.

Failure to return all required forms could result in a response being declared as non-responsive.

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Proposal Submittal Checklist

The Proposer’s attention is especially called to the items listed below, which must be submitted in full as part of the proposal.

Failure to submit any of the documents listed below as a part of your proposal, or failure to acknowledge any addendum in writing with your proposal, or submitting a proposal on any condition, limitation, or provision not officially invited in this Request for Proposal (RFP) may cause for rejection of the proposal.

Proposer shall check each box indicating compliance.

THIS CHECKLIST MUST BE SUBMITTED AS PART OF YOUR PACKAGE

Cover sheet identifying the contract/project being proposed, the name and address of the Proposer, the date of the proposal, and the email address, telephone, and facsimile numbers of Proposer.

An acknowledgment and/or response to each section of the proposal.

Form of business (e.g., corporation, sole proprietorship, partnership); if corporation the date and state of incorporation.

Identification of three (3) entities for which the Proposer is providing or has provided Janitorial Services of the type requested, including the name, position, and telephone number of a contact person at each entity.

Identification of all legal claims, demands, contracts terminated or lawsuits filed, threatened, or pending against the Proposer and/or its principal/officers for the last three (3) years, as well as identification of any administrative actions or warnings taken or issued by any federal, state, or local governmental agency to Proposer and/or its principals/officers with regard to the provision of the same or similar service as covered by this RFP, or the payment of moneys under the terms of any agreement(s) relating to such services.

One (1) original proposal to include a completed copy of this specifications packet in its entirety;

and four (4) numbered proposal hard copies to include at a minimum all pages requiring completion and/or marked with instructions to be returned with proposal and any other documentation requested within these specifications.

Each Proposer shall ensure that required parts of the response are completed with accuracy and submitted as per the requirements within this specifications packet, including any addenda.

PLEASE READ THE “PROPOSAL SUBMITTAL CHECKLIST” INCLUDED IN THIS PACKAGE.

Company Telephone Number

Address Fax Number

Authorized Representative (Please print) Title

Authorized Signature Date

Proposer Must Complete and Return This Page With Proposal.

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1. Introduction to Proposers

This Request for Proposal (RFP) is to receive proposals from qualified firms regarding services for a Hazard Mitigation Plan.

The following items are provided as general information and specifications as required by the District Purchasing Department.

1.1 Proposer Instructions

Read the document carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. Be sure you have a clear understanding of the proposal.

General Requirements apply to all advertised requests for proposals; however, these may be superseded, whole or in part, by the Scope of Services, Guidelines and Specifications, Requested Responses and Information, or other data contained herein. Be sure your proposal package is complete.

1.2 Governing Law

Proposer is advised that these requirements shall be fully governed by the laws of the State of Texas and that Jefferson County Drainage District No. 6 may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the District Attorney concerning any portion of these requirements.

1.3 Ambiguity, Conflict, or other errors in the RFP

If Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, Proposer shall immediately notify the District of such error in writing and request modification or clarification of the document. Modifications will be made by issuing Addenda. Written notice will be given to all parties who have been furnished with the RFP without divulging the source of the request for the same. If the Proposer fails to notify the District prior to the date and time fixed for submission of proposals of an error or ambiguity in the RFP known to Proposer, or an error or ambiguity that reasonably should have been known to Proposer, then Proposer shall not be entitled to compensation or additional time by reason of the error or ambiguity or its later resolution.

The District may also modify the RFP, no later than 48 hours prior to the date and time fixed for submission of proposals, by issuance of an Addendum to all parties who have received the RFP.

All addenda will be numbered consecutively, beginning with 1.

1.4 Notification of Most Current Address

Firms in receipt of this RFP shall notify Karen J. Stewart, Jefferson County Drainage District No.

6 Chief Business Officer, of any address changes, contact person changes, and/or telephone number changes no later than 48 hours prior to the date and time fixed for submission of proposals.

1.5 Proposal Preparation Cost

Cost for developing proposals is entirely the responsibility of Proposers and shall not be charged to Jefferson County Drainage District No. 6.

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1.6 Signature of Proposal

A transmittal letter, which shall be considered an integral part of the proposal, shall be signed by an individual who is authorized to bind the Proposer contractually. If the Proposer is a corporation, the legal name of the corporation shall be provided together with the signature of the officer or officers authorized to sign on behalf of the corporation.

If the Proposer is a partnership, the true name of the firm shall be provided with the signature of the partner or partners authorized to sign.

If the Proposer is an individual, that individual shall sign. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a power of attorney or equivalent document must be submitted to the Jefferson County Drainage District No. 6 Purchasing Department prior to the submission of the proposal or with the proposal.

1.7 Economy of Presentation

Proposals shall not contain promotional or display materials, except as they may directly answer in whole or in part questions contained in the RFP. Such exhibits shall be clearly marked with the applicable reference number of the question in the RFP. Proposals must address the technical requirements as specified in the RFP. All questions posed by the RFP must be answered concisely and clearly. Proposals that do not address each criterion may be rejected and not considered.

1.8 Proposal Obligation

The contents of the proposal and any clarification thereof submitted by the selected Proposer shall become part of the contractual obligation and incorporated by reference into the ensuing contract.

1.9 Incorporation by Reference and Precedence

This Agreement is derived from (1) the RFP, written clarifications to the RFP and the District’s response to questions; (2) the Proposer’s Best and Final Proposal, and (3) the Proposer’s response to the RFP.

In the event of a dispute under this Agreement, applicable documents will be referred to for the purpose of clarification or for additional detail in the following order of precedence:

(1) Amendments to the Agreement in reverse chronological order; (2) the Agreement, including the Scope of Work; (3) the Proposer’s Best and Final Proposal; (4) the RFP, including attachments thereto and written responses to questions and written clarifications; and (5) the Proposers response to the RFP.

1.10 Governing Forms

In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Jefferson County Drainage District No. 6’s interpretation shall govern.

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1.11 Implied Requirements

Products and services not specifically mentioned in the RFP, but which are necessary to provide the functional capabilities described by the Proposer, shall be included in the proposal.

1.12 Compliance with RFP Specifications

It is intended that this RFP describe the requirements and the response format in sufficient detail to secure comparable proposals. Failure to comply with all provisions of the RFP may result in disqualification.

1.13 Proposer Registration: SAM (System for Award Management)

Proposers doing business with Jefferson County Drainage District No. 6 are required to be registered with The System for Award Management (SAM), with an “active” status.

The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is NO fee to register for this site. Entities may register at no cost directly from the SAM website at: https://www.sam.gov

Proposers are strongly encouraged to review their firm’s SAM (System for Award Management) status prior to Proposal Submission.

1.14 Awarded Proposer(s): Submission of FORM 1295 (Texas Ethics Commission)

In accordance with House Bill 1295 (passed January 1, 2016), Proposers entering into contracts and professional agreements with Jefferson County Drainage District No. 6 will be required to complete a Certificate of Interested Parties (FORM 1295).

In 2017, the Texas legislature amended the law to require Form 1295 to include an “unsworn declaration” which includes, among other things, the date of birth and address of the authorized representative signing the form. The unsworn declaration, including the date of birth and address of the signatory, replaces the notary requirement that applied to contracts entered into before January 1, 2021.

The TEC filing application does not capture the date of birth or street address of the signatory and it will not appear on forms that are filed using the TEC filing application.

Upon entering into a contract or professional agreement, the Jefferson County Drainage District No. 6 Purchasing Department will submit a request to the Proposer to both:

1. Submit a FORM 1295 online via the Texas Ethics Commission website link below. Proposers must enter the required information on Form 1295, and print a copy of the completed form. The form will include a certification of filing that will contain a unique certification number.

2. Submit a FORM 1295 hard copy (completed & signed by an Authorized Agent of the Awarded Proposer), to the Jefferson County Drainage District No. 6 Purchasing Department.

FORM 1295, Completion Instructions, and Login Instructions are available via the Texas Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

1.15 Federal Emergency Management Agency (FEMA) Mandated Contract Clauses

If applicable to the work and services being performed by PROPOSER under the parties’ AGREEMENT, the following provisions are adopted and form part of this AGREEMENT:

(A) DAMAGES, 2 CFR §200.326 Appendix II to Part 200 (A) https://www.sam.gov/ https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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(1) All work to be performed under this AGREEMENT shall be timely commenced.

A breach of this AGREEMENT by Proposer would cause substantial delay in the completion of the required services affecting the safety and welfare of the public.

(2) In the event of Proposer’s breach of its performance obligations, County shall have all rights and remedies against Proposer as provided by law.

(B) TERMINATION RIGHTS, 2 CFR §200.326 Appendix II to Part 200 (B)

Termination for Convenience: Whenever the interests of the District so require, County may terminate the parties’ Agreement, in whole or in part, for the convenience of the District.

County shall give Proposer thirty (30) days prior written notice of termination specifying the portions of the Agreement to be terminated and when such termination will become effective. If only portions of the parties’ agreement are terminated, Proposer has the right to withdraw from the parties’ Agreement, without adverse action or claims. In the event of a termination for convenience by County, Proposer shall be entitled to payment for all work and services performed by it up to the effective date of such termination.

Termination for Cause: The District may, by written notice of default to Proposer, terminate the parties’ Agreement, in whole or in part, if the Proposer fails to satisfactorily perform any provisions of the parties’ agreement after a period of ten (10) following Proposer’s receipt of a Notice of Deficiency provided by County.

(C) EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix II to Part 200 (C))

If applicable to the work and services performed by PROPOSER under the AGREEMENT, during the performance of the AGREEMENT, PROPOSER shall comply with the Equal Employment Opportunity Clause (41 CFR 60-1.4(b)):

(1) PROPOSER will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. PROPOSER 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, 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.

AGREEMENTOR 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) PROPOSER will, in all solicitations or advertisements for employees placed by or on behalf of the PROPOSER, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

(3) PROPOSER will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice to be provided advising the said labor union or workers’ representatives of the PROPOSER’S commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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(4) PROPOSER 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.

(5) PROPOSER 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 for purpose of investigation to ascertain compliance with such rules, regulations, and orders.

(6) In the event of the PROPOSER’S noncompliance with the nondiscrimination clauses of this AGREEMENT or with any of the said rules, regulations or orders, this AGREEMENT may be canceled, terminated, or suspended in whole or in part and the PROPOSER 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.

(7) PROPOSER will include the portion of the sentence immediately preceding paragraph (1) and the provisions of subparagraphs 1 through 7 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 Proposer. PROPOSER 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 PROPOSER becomes involved in, or is threatened with, litigation with a subcontractor or Proposer as a result of such direction by the administering agency the PROPOSER may request the United States to enter into such litigation to protect the interest of the United States.

D. DAVIS-BACON ACT AND COPELAND “ANTI-KICKBACK” ACT, 2 CFR §200.326 Appen. II to Part 200 (D)

If applicable to the work and services performed by PROPOSER under the parties’

AGREEMENT:

(1) Bacon-Davis Act: Applicable to construction or repair of public buildings or public works. see FEMA Public Assistance Program and Policy Guide, Ch.2(V)(G)(2), page 32 (FP 104-009-2/January 2016);

(2) Copeland “Anti-Kickback” Act: In contracts subject to the Davis-Bacon Act, PROPOSER shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C.

§3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Proposers and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that the Proposer and subcontractor must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The GOVERNMENT must report all suspected or reported violations to the appropriate Federal agency.

If applicable to the work and services performed by PROPOSER under the parties’ AGREEMENT:

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(a) PROPOSER shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this AGREEMENT.

(b) PROPOSER or subcontractor shall insert in any subcontract the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The PROPOSER shall be responsible for the compliance by any subcontractor or lower tier subcontract with all of these contract clauses.

(c) A breach of the AGREEMENT clause above may be grounds for termination of the AGREEMENT, and for debarment as a Proposer and subcontractor as provided in 29 C.F.R. §5.12.

E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 2 CFR §200.326 Appendix

II to Part 200 (E) (40 U.S.C. 3701-3708)

Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Proposer and its subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

(1) Overtime requirements. No Proposer 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-halftimes 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 (I) of this section the Proposer and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Proposer 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 (I) of this section, in the sum of $10 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 (I) of this section.

(3) Withholding for unpaid wages and liquidated damages. The GOVERNMENT 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 Proposer or subcontractor under any such contract or any other Federal contract with the same prime Proposer, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Proposer, such sums as may be determined to be necessary to satisfy any liabilities of such Proposer or

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(4) The Proposer and subcontractor shall insert in any subcontract the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2 CFR

§200.326 Appendix II to Part 200 (F)

AGREEMENT and if the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the GOVERNMENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the GOVERNMENT must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business.”

G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT, 2 CFR §200.326

Appendix II to Part 200 (G)

PROPOSER shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

PROPOSER shall include the foregoing requirements in each subcontract exceeding $100,000.

H. ENERGY EFFICIENCY AND CONSERVATION, 2 CFR §200.326 Appendix II to Part 200 (H)

AGREEMENT, PROPOSER shall comply with the mandatory standards and policies of the state regulation promulgated in accordance with the Energy Policy and Conservation Act (42 U.S.C. § 6201).

I. DEBARMENT AND SUSPENSION, 2 CFR §200.326 Appendix II to Part 200 (I)

(1) This AGREEMENT is a covered transaction for purposes of 2 C.F.R. pt. 180 and

2 C.F.R. pt. 3000. As such, the PROPOSER is required to verify that none of the Proposer, its 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 PROPOSER 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

GOVERNMENT. If it is later determined that the PROPOSER 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 GOVERNMENT, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

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(4) The PROPOSER agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C AGREEMENT is valid and throughout the period of performance. The PROPOSER further agrees to include a provision requiring such compliance in its lower tier covered transactions.

J. BYRD ANTI-LOBBYING AMENDMENT, 2 CFR §200.326 Appendix II to Part 200 (J)

PROPOSER must file with the GOVERNMENT 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 must 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 non-Federal award. If not provided with the bid response, PROPOSER must complete and submit the Certification Regarding Lobbying Form.

K. PROCUREMENT OF RECOVERED MATERIALS, 2 CFR §200.326 Appendix II to Part 200

(K) and 2 CFR §200.322)

(1) In the performance of this contract, the Proposer 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 is available at EPA's Comprehensive

Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is available at http://www.epa.gov/cpg/products/htm.

L. AGREEMENTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS

ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (2 CFR §200.321)

Should the PROPOSER subcontract any of the work under this AGREEMENT, PROPOSER shall take the following affirmative steps: place qualified small and minority businesses and women's business enterprises on solicitation lists; assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

M. ACCESS TO RECORDS

(1) PROPOSER agrees to provide GOVERNMENT, the FEMA Administrator, the

Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Proposer which are directly pertinent to this AGREEMENT for the purposes of making audits, examinations, excerpts, and transcriptions.

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(2) PROPOSER agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

(3) PROPOSER agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

N. SEAL, LOGO AND FLAGS

PROPOSER shall not use the U.S. Department of Homeland Security’s seal(s), logos, crests, or reproductions of flags or likenesses of the U.S. Department of Homeland Security’s agency officials without specific FEMA preapproval.

O. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND EXECUTIVE ORDERS

This is an acknowledgement that FEMA financial assistance will be used to fund the AGREEMENT only. PROPOSER will comply will all federal law, regulations, executive orders, FEMA policies, procedures, and directives.

P. NO OBLIGATION BY FEDERAL GOVERNMENT

The Federal Government is not a party to this AGREEMENT and is not subject to any obligations or liabilities to GOVERNMENT, PROPOSER, or any other party pertaining to any matter resulting from the contract.

Q. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

PROPOSER acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the PROPOSER'S actions pertaining to this contract.

1.16 Evaluation

Jefferson County Drainage District No. 6 reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the District’s judgment as to the appropriateness of an award to the best evaluated Proposer. This information may be appended to the proposal evaluation process results. Information on a service provider from reliable sources, and not within the service provider’s proposal, may also be noted and made part of the evaluation file. Jefferson County Drainage District No. 6 shall have sole responsibility for determining a reliable source. Jefferson County Drainage District No. 6 reserves the right to conduct written and/or oral discussions/interviews after the proposal opening. The purpose of such discussions/interviews is to provide clarification and/or additional information to make an award is in the best interest of Jefferson County Drainage District No. 6.

1.17 Withdrawal of Proposal

The Proposer may withdraw its proposal by submitting a written request over the signature of an authorized individual, as described in paragraph 1.6, to the Purchasing Department any time prior to the submission deadline. The Proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline.

1.18 Minority-Women Business Enterprise Participation

It is the desire of Jefferson County Drainage District No. 6 to increase the participation of Minority (MBE) and women owned (WBE) businesses in its contracting and procurement programs.

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While the District does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms.

1.19 Award

The District reserves the right to award this contract on the basis of the Best Proposal in accordance with the laws of Texas, to waive any formality or irregularity, to make award to more than one Proposer, and/or to reject any or all proposals. In the event the highest dollar Proposer meeting specifications is not awarded a contract, the Proposer may appear before Board of Directors and present evidence concerning his responsibility.

1.20 Ownership of Proposal

All proposals become the property of The District and will not be returned to Proposers.

1.21 Disqualification of Proposer

Upon signing this proposal document, a Proposer proposes to provide services to the District, and certifies that the Proposer has not violated the antitrust laws of this state codified in Section 15.01, et seq, Business & Commerce Code, or the Federal Antitrust Laws, and has not communicated directly or indirectly the Proposal made to any competitor or any other person engaged in such line of business. Any or all proposals may be rejected if the District believes that collusion exists among the Proposers.

1.22 Contractual Development

The contents of the RFP and the selected proposal will become an integral part of the contract but may be modified by provisions of the contract as negotiated. Therefore, the Proposer must be amenable to inclusion in a contract of any information provided (in writing) either in response to this RFP or subsequently during the selection process.

1.23 Assignment

The selected Proposer may not assign, sell, or otherwise transfer this contract without written permission of the District Board of Directors.

1.24 Contract Obligation

The District Board of Directors must award and execute the contract before it becomes binding on the District or the Proposer. Department heads are not authorized to sign agreements for the District. Binding agreements shall remain in effect until all products and/or services covered by this proposal have been satisfactorily delivered and accepted.

1.25 Termination

The District reserves the right to terminate the contract for default if the awarded Proposer breached any of the terms therein, including warranties of Proposer, or if the Proposer becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies the District may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all other requirements to the District’s satisfaction, and/or to meet all other obligations and requirements. Contracts may be terminated without cause upon thirty (30) days’ written notice to either party unless otherwise specified.

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1.26 Loss, Damage, or Claim

The Proposer shall totally indemnify the District against all claims by its employees, agents, or representatives or personal injury arising from any cause.

1.27 Taxes

The Proposer and its subcontractors, agents and employees, as the case may be, will be responsible for the payment of all federal, state and local taxes, and deposits or contributions imposed or required by law.

1.28 Non-Discrimination

The successful Proposer will be required to comply with the Americans With Disabilities Act and with all provisions of federal, state, county and local (if any) laws and regulations to ensure that no employee or applicant for employment is discriminated against because of race, color, religion, sex, age, handicap or national origin.

1.29 Conflict of Interest

The agreement entered into pursuant to this RFP will contain the Proposer’s warranty that, except for bona-fide employees or selling agents maintained by the Proposer for the purpose of securing business, no person or selling agency has been employed or retained to solicit this contract upon an agreement or understanding for commission, percentage or contingency.

Further, the Proposer will warrant that no kickbacks, gratuities, or contingency fees have been paid in connection with this RFP or contract and none has been promised contingent upon the award of contract. Proposer will still further warrant that to its knowledge and best belief, no one being paid under the agreement between the District and the Proposer, is engaged in any activities which would constitute a conflict of interest with respect to the purposes of said agreement.

1.30 Waiver of Subrogation

Proposer and Proposer’s insurance carrier waive any and all rights whatsoever with regard to subrogation against the District as an indirect party to any suit arising out of personal or property damages resulting from the Proposer’s performance under this agreement.

1.31 Acknowledgment of Insurance Requirements

By signing its proposal, Proposer acknowledges that it has read and understands the insurance requirements for this proposal. Proposer also understands that evidence of required insurance must be submitted within fifteen (15) working days following notification of acceptance of its Proposal; otherwise, the District may rescind its acceptance of the Proposer’s proposal. The insurance requirements are part of this package.

1.32 Insurance

The Proposer (including any and all subcontractors as defined in Section 1.36.1.3 below) shall, at all times during the term of this contract, maintain insurance coverages with not less than the type and requirements shown below. Such insurance is to be provided at the sole cost of the Proposer.

These requirements do not establish limits of the Proposer’s liability.

All policies of insurance shall waive all rights of subrogation against the District, its officers, employees and agents; a copy of the policy wording or endorsement is required.

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Proposer shall furnish The District with Certificate of Insurance naming The District as additional insured and will provide the actual policy wording or endorsement showing as such.

All insurance must be written by an insurer licensed to conduct business in the State of Texas.

Minimum Insurance Requirements:

Public Liability, including Products & Completed Operations $1,000,000 Excess Liability $1,000,000 Property Insurance (policy below that is applicable to this project):

Improvements & Betterments Policy: Improvements/Remodeling (for Lease Tenants) Builder’s Risk Policy: Structural Coverage for Construction Projects Installation Floater Policy: Improvements/Alterations to Existing Structure

Workers’ Compensation Statutory Coverage (See Section 1.36 Below)

1.33 Workers’ Compensation Insurance

1.33.1 Definitions:

1.33.1.1 Certificate of coverage (“Certificate”) – A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement, DWC-81, DWC-82, DWC-83, or DWC-84 showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project, for the duration of the project.

1.33.1.2 Duration of the project – Includes the time from the beginning of the work on the project until the Proposer’s/person’s work on the project has been completed and accepted by the governmental entity.

1.33.1.3 Persons providing services on the project (“subcontractor”) in article 406.096

– Includes all persons or entities performing all or part of the services under the Proposer has undertaken to perform on the project, regardless of whether that person contracted directly with the Proposer and regardless of whether that person has employees. This includes, without limitation, independent Proposers, subcontractor, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. “Services” includes, without limitation, providing, hauling or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage Proposers, office supply deliveries, and delivery of portable toilets.

1.33.2 The Proposer shall provide coverage, based on proper reporting of classification code and payroll amounts and filing any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Proposer providing services on the project, for the duration of the project.

1.33.3 The Proposer must provide a certificate of coverage to the governmental entity prior to being awarded the contract – refer to Section 1.35 above.

1.33.4 If the coverage period shown on the Proposer’s current certificate of coverage ends during the duration of the project, the Proposer must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

1.33.5 The Proposer shall obtain from each person providing services on a project, and provide to the governmental entity:

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1.33.5.1 A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

1.33.5.2 No later than seven (7) days after receipt by the Proposer, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during the duration of the project.

1.33.6 The Proposer shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter.

1.33.7 The Proposer shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Proposer knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

1.33.8 The Proposer shall post on each project site a notice, in the text, form and manner prescribed by the Texas Department of Workers’ Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

1.33.9 The Proposer shall contractually require each person with whom it contracts to provide services on a project to:

1.33.9.1 Provide coverage, based on reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project.

1.33.9.2 Provide to the Proposer, prior to that person beginning work on the project a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project.

1.33.9.3 Provide the Proposer, prior to the end of coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

1.33.9.4 Obtain from each person with whom it contracts, and provide to the Proposer:

1.33.9.4.1 A certificate of coverage, prior to the other person beginning work on the project; and

1.33.9.4.2 the coverage period, if the coverage period shown on the current certificate of a new certificate of coverage showing extension of coverage, prior to the end of coverage ends during the duration of the project.

1.33.9.5 Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter.

1.33.9.6 Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

1.33.9.7 Contractually require each person with whom it contracts to perform as required by paragraphs 1.36.1. – 1.36.7., with the certificates of coverage to be provided to the person for whom they are providing services.

1.33.10 By signing this contract or providing or causing to be provided a certificate of coverage, the Proposer is representing to the governmental entity that all employees of the Proposer who will provide services of the project will be covered by workers’ compensation coverage for the duration of the project, that

(RFP 26-026/SC), Five (5) -Year Update to Hazard Mitigation Plan Page 16 of 37 the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the Proposer to administrative penalties, criminal penalties, civil penalties, or other civil actions.

1.33.11 The Proposer’s failure to comply with any of these provisions is a breach of contract by the Proposer which entitles the governmental entity to declare the contract void if the Proposer does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity.

1.34 Delivery of Proposals

All proposals are to be delivered by 2:00PM CDT, August 27, 2026 to:

Jefferson County Drainage District No. 6 Purchasing Department Attention: Karen K. Johnson, Chief Business Officer

6550 Walden Road Beaumont, Texas 77707

District Holidays – 2026:

January 19 Monday Martin Luther King, Jr. Day

February 16 Monday Presidents’ Day

April 3 Friday Good Friday May 25 Monday Memorial Day June 19 Friday Juneteenth July 3 Friday Independence Day September 7 Monday Labor Day November 11 Wednesday Veteran's Day November 26 & 27 Thursday & Friday Thanksgiving December 24 & 25 Thursday & Friday Christmas January 1, 2027 Friday New Year's

The District will not accept any proposals received after the stated time and date and shall return such proposals unopened to the Proposer.

The District will not accept any responsibility for proposals being delivered by third party carriers.

Proposal Submissions shall be tightly sealed in an opaque envelope or box and plainly marked “SEALED PROPOSAL.” The outside of the envelope or box shall also include:

Proposal Number, Proposal Name, Proposal Due Date, Proposer’s Name and Address;

and shall be addressed to the Chief Business Officer.

Proposals will be opened publicly in a manner to avoid public disclosure of contents;

however, only names of Proposers will be read aloud.

1.35 Proposal Submissions During Time of Inclement Weather, Disaster, or Emergency

In case of inclement weather or any other unforeseen event causing the District to close for business on the date of a proposal submission deadline, the proposal…