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HomeMy WebLinkAboutPR 24307: CONTRACT WITH ARDURRA GROUP, LLC DISASTER RECOVERY GRANT MANAGEMENT AND ADMIN. SERVICES City of ort rthur 7i' uc www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM Date: March 25, 2025 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, CPM, City Manager From: Pamela D. Langford, CPM, Assistant City Manager— Operations/Director of Development Services RE: P.R. NO. 24307 —A proposed resolution authorizing award of a Contract with Ardurra Group, LLC for Disaster Recovery Grant Management and Administrative Services Introduction: The purpose of this memorandum is to request the City Council's consideration and approval of proposed Resolution No. 24307, authorizing the award of a contract to Ardurra Group, LLC of Houston, Texas, for disaster recovery grant management and administration services. The proposed resolution also authorizes the City Manager to execute the contract in an amount not to exceed $1.8 million, with funding available in ARPA Interest Account No. 169-07-015-5492-00-40-000. Background: On March 27, 2018, the City Council approved Resolution No. 18-120, authorizing a contract for disaster recovery services following the unprecedented damage caused by Hurricane Harvey. At that time, the City lacked sufficient internal staffing and expertise in disaster planning, preparedness, cost analysis, project development, environmental scanning, grant writing, and regulatory reporting. These deficiencies hindered the City's ability to effectively apply for, secure, and manage federal and state recovery funds. In response, the City solicited proposals and received fourteen (14) submissions. Ardurra Group, LLC of Houston, Texas, emerged as the most qualified firm. Since then, Ardurra has been instrumental in helping the city capture over $150 million in grant funding through various state and federal programs. The firm continues providing critical grant management and administrative support services, ensuring the City complies with all applicable regulations and deadlines. A dedicated in-house Grant Writer has recently been hired to further enhance the City's internal capacity. Ardurra has played a key role in mentoring this new hire, providing access to professional development and networking opportunities that are essential for securing competitive funding for infrastructure and community projects. In addition to grant writing support, Ardurra provides technical assistance in environmental analysis and National Environmental Policy Act(NEPA) compliance, which is often required for state and federal funding. Ardurra is currently assisting the city with grants management and administration for the following projects: • Harvey PA 406/404 Projects: Public Assistance Project Development, Hazard Mitigation, Drainage Improvements, and closeout. • USDOT Safe Streets Program: City-wide survey of street signals, roads, bridges, and intersections for master plan development. • HUD Infrastructure Project (Manhole Replacement): Replacement of deteriorated brick manholes within city limits. • HUD Infrastructure Project (9th Avenue): Utility relocation and right-of-way improvements along a key evacuation route. • ARPA Program: Development, management, reporting, and closeout of ARPA- funded projects. The city recently advertised a Request for Proposals (RFP) for continued disaster grant management and administration services. Three (3) proposals were received, all from Houston-based firms. Ardurra Group, LLC was again determined to be the most qualified and responsive proposer after a thorough evaluation. Budget Impact: The total contract amount of $1.8 million will be funded through the ARPA Interest Account No. 169-07-015-5492-00-40-000, which was established to support eligible projects and services aligned with the American Rescue Plan Act. The use of ARPA interest earnings ensures there is no negative impact to the City's General Fund. This allocation supports continued disaster recovery efforts and enhances the City's ability to pursue additional external funding, which may result in significant long-term savings and infrastructure investment. The contract's not-to-exceed amount is structured to cover services over a one-year term with flexibility for up to four(4) one-year renewals, subject to future funding availability and performance review. Recommendation: The City Council is recommended to approve P.R. NO. 24307, authorizing the award of a one-year contract with Ardurra Group, LLC, with four (4) optional one-year renewals. This contract ensures continued professional oversight and support of vital disaster recovery and infrastructure-related funding efforts. P.R. NO. 24307 04/25/2025 PDL Page 1 of 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ARDURRA GROUP, LLC FOR DISASTER RECOVERY GRANT MANAGEMENT AND ADMINISTRATION SERVICES IN AN AMOUNT NOT TO EXCEED $1.8 MILLION WITH FUNDING AVAILABLE IN ARPA INTEREST ACCOUNT NO. 169-07-015-5492-00-40-000. WHEREAS, on March 27, 2018, the City Council of the City of Port Arthur, Texas authorized by Resolution No. 18-120 a contract for disaster recovery grant management and administrative services following the catastrophic effects of Hurricane Harvey; and, WHEREAS, the City of Port Arthur at that time did not have sufficient internal staffing with technical expertise in disaster planning, preparedness, cost analysis, project development, environmental compliance, grant writing, and reporting to successfully secure and manage state and federal disaster-related funding; and, WHEREAS, in response to a competitive solicitation process, the City received fourteen (14) proposals and selected Ardurra Group, LLC of Houston, Texas as the most qualified proposer to provide said services; and, WHEREAS, since the initial contract award, Ardurra Group, LLC has successfully helped the City capture over$150 million in state and federal grant funding and has continued to support the City in complying with applicable regulations and program requirements; and, WHEREAS, Ardurra currently provides services to the city on several projects including but not limited to: FEMA Public Assistance Projects (PA 406/404), Hazard Mitigation drainage improvements, USDOT Safe Streets Program, HUD-funded infrastructure projects, and ARPA-funded initiatives; and, WHEREAS, the City has taken proactive steps by hiring a full-time in-house Grant Writer, and Ardurra has provided mentorship, professional development, and technical support to enhance internal capacity; and, P.R. NO. 24307 04/25/2025 PDL Page 2 of 5 WHEREAS, on March 29, 2025, and April 5, 2025, a new Request for Proposals(RFP) was advertised and evaluated, with three (3) proposals received from qualified firms, as delineated in Exhibit "A" and Ardurra Group, LLC was again determined to be the most qualified and responsive proposer; and WHEREAS, the proposed contract will be for a one-year term with four (4) optional one-year renewal periods, subject to performance and funding availability. NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and recitations set forth in the preamble of this Resolution are hereby found to be true and correct and are adopted as part of this Resolution. Section 2. That the City Council hereby authorizes the award of a contract to Ardurra Group, LLC of Houston, Texas, for disaster recovery grant management and administration services in an amount not to exceed $1,800,000.00. Section 3. That the City Council further authorizes the City Manager to execute the contract, as delineated in Exhibit "B", and any related documents necessary to carry out the purpose of this Resolution. Section 4. That the funding for this contract shall be available in ARPA Interest Account No. 169-07-015-5492-00-40-000. Section 5. That a copy of the Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED on this day of May, A.D., 2025, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: , P.R. NO. 24307 04/25/2025 PDL Page 3 of 5 Noes: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVeAopr:NVD' INIS 'TION: 6PAP• Ronald "Ron" ' rton, CPM, City Manager APPROVED AS TO AVAILABILITY OF FUNDS: LYjind Boswell,�Finance Director' 1141 Clifton Williams, CPPB, Purchasing Manager P.R. NO. 24307 04/2512025 PDL Page 4 of 5 Attachment •$ / br k ct / v » 4. CA « - $ \ /0\ $ �V = \ \ " U j / � \ / ( '� % / f $ % eq / ,\ f \ a .0 = » k ƒ / & § \ eq G IIIo t \ \/ §\ ƒ \ / / 0 ) \ k « Q j 2 2 / .J CD? \ o 0 0 ? § / 1-4 - 00 # 2 / \ S. \ 0) \ / V e 2 0 ƒ .» P...2 a C \ 0 cr $ / _ 0 / / ( \ / ° » 5 v 9 § = ° § / { •_ / V C, • k RS i ) / C \ '� 3k 4.4. � f % .- / k X = } \ 5 k $ W Q ¥ Q Q 9 ¥ P.R. NO. 24307 04/25/2025 PDL Page 5 of 5 Attachment CONTRACT FOR SERVICES DISASTER CONSULTING SERVICES THIS AGREEMENT, made this day of May, 2025, by and between the CITY of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "CITY" and The Ardurra Group, a Professional Engineering and Disaster Management, a Limited Liability Corporation licensed in the State of Texas, hereinafter called "CONSULTANT". WHEREAS, the CITY of Port Arthur desires to obtain services in connection with its "Disaster Consulting Services", within the CITY of Port Arthur ("CITY") and The Ardurra Group, LLC ("Consultant") desires to provide such services; and WHEREAS, this Agreement between the Parties consist of the terms and conditions set forth herein, and Exhibits A and B identified as the proposal from the CONSULTANT for the scope of services, and those document(s), attached and incorporated for all purposes for the following project: City of Port Arthur Disaster Management and Administrative Services WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, CITY and CONSULTANT agree as to follows: 1. The term of this Contract shall be for a term of one year with the option to renew for four additional one year periods, as set forth in Section 10 of this agreement and in the City's RFP. A Notice to Proceed will be provided to the Contractor indicating the start date for the performance of the services to be provided to the City in connection with the project. 2. The CONSULTANT will perform work as stated in the Contract Documents, which include the CITY's Request for Proposal (including all attachments, appendices, and addenda) and the CONSULTANT'S Response, and further designated in Exhibit A. 3. During the term of this Contract, the CONSULTANT will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of CONSULTANT in the Specifications. 4. The CONSULTANT agrees to perform all work described in the specifications and contract document and to comply with the terms therein for the sum of $1,800,000.00. 5. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement of Bid c) Addenda d) Scope of Services, General Information, and Specifications e) Notice of Award f) Notice to Proceed 6. SCOPE OF SERVICES: CONSULTANT will provide the services ("Work") to the City in connection with the Project, as stated in the Scope of Services in City's Request for Proposal (including all attachments, appendices, and addenda) and the Contractor's Response, and other documents further designated in Exhibit A, attached and fully incorporated for all intents and purposes. 7. STANDARD OF CARE: The standard of care for all services performed or furnished by CONSULTANT under this agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. 8. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS, REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The CONSULTANT will comply will all applicable federal laws, regulations, executive orders, FEMA policies, procedures, and directives. The CONSULTANT further agrees that it shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments, including, but not limited to the following provisions: A. Equal Employment Opportunity. "During the performance of this contract, the CONSULTANT agrees as follows: (1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONSULTANT 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. The CONSULTANT 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 CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The CONSULTANT 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 CONSULTANT's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The CONSULTANT 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) The CONSULTANT 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. (6) In the event of the CONSULTANT'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 CONSULTANT 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 as 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) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (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 SUB-CONSULTANT or vendor. The CONSULTANT 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 CONSULTANT becomes involved in, or is threatened with, litigation with a subCONSULTANT or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States." B. Davis Bacon Act and Copeland Anti-Kickback Act "Compliance with the Copeland "Anti-Kickback" Act. (1) Contractor. The contractor 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 contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also 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 of these contract clauses. (3) 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." C. Contract Work Hours and Safety Standards Act "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 (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) 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 (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." D. Clean Air Act and the Federal Water Pollution Control Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. E. Federal Water Pollution Control Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA." F. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, 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 contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or 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 while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." G. Procurement of Recovered Materials "(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program." H. Program Fraud and False or Fraudulent Statements or Related Acts. The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONSULTANT's actions pertaining to this contract." I. Procurement of Recovered Materials: (1) In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program." J. Access to Records. The following access to records requirements apply to this contract: (1) The CONSULTANT agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONSULTANT 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." K. DHS Seal, Logo, and Flags The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. L. "Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." 9. CHANGES: The CITY may request changes in the scope of services to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation to CONSULTANT, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Contract. No changes in the terms of this contract shall be binding unless it is in writing and signed by an authorized representative of both parties. 10. TERM: This contract shall be effective for a one year period upon execution by the CITY of Port Arthur and issuance of a Notice to Proceed. The CITY anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion of the CITY. It is agreed that CITY will have the option to extend the contract for up to four (4) additional years, in one-year intervals upon formal approval by the City Council. To exercise this option, the CITY shall serve notice 30 days prior to contract termination or to the end of any one-year extension The Option to Extend will not be considered if funding is unavailable or if the CONSULTANT's past performance is not within the industry standard 11. TERMINATION OF THE CONTRACT FOR CAUSE OR CONVENIENCE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City from the Contractor is determined. The City may terminate this contract at any time giving at least thirty (30) days' notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the date of termination. If the contract is terminated due to the fault of the Contractor, the previous paragraph hereof relative to termination shall apply. 12. APPROPRIATIONS: The obligations of the CITY to make a payment under this Contract are expressly subject to appropriations by the CITY of funds that are lawfully available to be applied to such purpose. 13. SCHEDULE AND DELIVERABLES: The CITY and its agencies will cooperate with CONSULTANT to facilitate the performance of the work described in the contract. CONSULTANT will perform the Work in accordance with the schedules/timetables described in greater detail in the attached Exhibit A. In the event that one or more of the members of the CONSULTANT cannot perform because of ill health, physical disability or other reasons beyond his/her control, CONSULTANT shall use its best efforts to furnish a substitute of similar stature for such member of the CONSULTANT whom CITY agrees to accept. CITY does not have to accept any substitutes provided by the CONSULTANT, but, may contract a substitute of their own. • 14. FORCE MAJEURE: In the event that the performance of any of the covenants of this agreement shall be prevented by an act of God, the acts and regulations of public authorities, or labor disputes, acts of the public enemy, acts of superior governmental authority, or other circumstances, or cause beyond their or its reasonable control, the CITY and CONSULTANT shall be respectively relieved of their obligations hereunder with respect to the performance(s) so prevented. In the above mentioned event, CONSULTANT grants CITY the right to reschedule the performance(s) under the same terms and conditions of this contract. 15. COMPENSATION: The CITY shall compensate CONSULTANT for the Work at the agreed upon per the unit prices set forth in Exhibit B. CONSULTANT will furnish an invoice to the CITY detailing activities performed and reflecting actual time and expenses incurred during the preceding month. All invoices are due under Government Code Sec. 2251.021, and are payable to the CONSULTANT at 2032 Buffalo Terrace, Houston, TX 77019. The CITY shall not be responsible for any payment to CONSULTANT for any additional services or expenses not specifically included in Exhibit A, except upon execution of an amendment to this Contract in writing by both parties. Parties shall attempt to resolve any payment disputes within thirty (30) days after the invoice date. CONSULTANT shall bill CITY for services on a 30-day billing cycle. If portions of an invoice are disputed, the CITY shall remit payment to the CONTSULTANT those non-disputed charges within the established time period. Upon resolution of any disputed invoice items, CONSULTANT shall resubmit an updated invoice for the unpaid charges. The CITY shall remit payment to CONSULTANT within 30 days of receipt approved invoice. In the event, circumstances arise in which the CITY will necessitate additional time to remit said payment, City will notify CONSULTANT in writing that payment to Consultant shall be made within 90 days of receipt approved invoice. 16. INSURANCE REQUIREMENTS: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by CITY. The CONSULTANT shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any SUB-CONSULTANT or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits: 1. Standard Worker's Compensation Insurance 2. Commercial and General Liability occurrence type insurance CITY of Port Arthur, its officers, agents, and employees must be named as an additional insured: a) Bodily injury $1,000,000 single limit per occurrence or $1,000,000 each person / $1,000,000 per occurrences; and, b) Property Damage $1,000,000 per occurrence regardless of contract amount; and, c) Professional Liability $1,000,000 17. INDEMNIFICATION. For consideration received, CONSULTANT, shall, to the extent allowable, indemnify, save and hold the CITY of Port Arthur harmless, including CITY's officers, agents, employees and servants, from any claims, actions, lawsuits, proceedings, damages, loss, judgments, liabilities or expense on account of damage to property and injuries, including death, to the extent caused by any negligent act, intentional tort, intellectual property infringement, or failure to pay a SUB-CONSULTANT or supplier of CONSULTANT or those acting under CONSULTANT's supervision or control. CONSULTANT shall not be responsible, however, for any loss, damage, liability or expense on account of damage to property and injuries, including death, by which may arise from the negligence of the CITY. CONSULTANT shall comply with the requirements of all current applicable laws, rules and regulations and shall indemnify and hold harmless the CITY and its agency members from and against the failure to comply with those laws, and shall assume full responsibility for payments of Federal, State and local taxes on contributions imposed or required under the Social Security, worker's compensation and income tax laws. 18. INDEPENDENT CONSULTANTS: The parties are independent CONSULTANTS as to each other. Nothing in this Contract shall be construed as creating any agency or employment relationship. Neither Party shall make any representation tending to create an apparent or implied agency or employment relationship; neither party has the authority to act for the other or to create obligations or debts binding on the other; and neither party shall be responsible for any obligations or expenses incurred by the other. It is the intent of the parties to this agreement that the CONSULTANT as an independent CONSULTANT will control the manner and means of its performance(s). The CITY will control the scheduling of the performance(s). The exclusive nature of this agreement is limited to the duration of the performance and it is expected that the performer will enter into other similar agreements with other customers. 19. COOPERATIVE GOVERNMENTAL PURCHASING: Other governmental entities maintaining interlocal agreements with the CITY, may desire, but are not obligated, to purchase goods and services defined in this agreement. All purchases by governmental entities, other than the CITY, will be billed directly to and paid by that governmental entity. The CITY will not be responsible for another governmental entity's debts. Each governmental entity will place their own orders with the CONSULTANT and be responsible for ensuring full compliance with the agreement. Prior to order governmental entities placing orders, the Cl i Y will notify the successful Proposer of their intent. 20. PERMITS: The CONSULTANT warrants and represents that it has obtained any and all permits, approvals, and licenses and necessary for the services to be performed. All permits associated with the project shall be the sole responsibility of CONSULTANT, except in circumstances which specifically require the CITY to be the permitee. 21. CONSULTANT is responsible for adhering to the requirements for contracting with small and minority businesses, women's business enterprises, etc., as set forth in 2 CFR 200.321, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. 22. PROTECTION OF PERSONS AND PROPERTY: CITY is responsible for providing protection of persons and property, including safe working conditions. The CONSULTANT is responsible for its own conduct. The CITY warrants that the venue will be of sufficient size, is of stable construction and is an open air venue, and that there will be adequate security and/or emergency medical responders available if foreseeably necessary. 23. ASSIGNMENT: Neither party hereto may assign its rights or delegate its obligations hereunder without written consent of the other party. 24. CONSEQUENTIAL DAMAGES WAIVER: Each party expressly waives and releases the other Party and its SUB-CONSULTANTS from, and against, any and all punitive, indirect, special, exemplary and consequential damages of any kind, including without limitation, lost profits or loss of use, regardless of the cause or legal theory of recovery, including negligence, gross negligence or willful misconduct of the Party being released. 25. ENTIRE AGREEMENT: This Contract incorporates all provisions of the attached proposal for Disaster Consulting Services and Exhibit A constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Contract. The terms of this agreement, acknowledges the CITY of Port Arthur is entering into this contract in its governmental capacity, and not a proprietary capacity. 26. NO OBLIGATION BY FEDERAL GOVERNMENT. "The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract." 27. SEVERABILITY CLAUSE: The phrases, clauses, sentences, paragraphs or sections of those conditions are severable. If any phrase, clause, sentence, paragraph, or section of these conditions should be declared invalid by the final decree or judgment of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of those conditions. 28. ATTORNEY'S FEES: In the event there is a dispute concerning this Contract, each party shall be responsible for its own costs and expenses including attorney's fees and court costs incurred in the course of any dispute, mediation, or legal proceeding. 29. APPLICABLE LAW, VENUE, AND JURISDICTION: This Contract shall be constructed under and in accordance with the laws of the State of Texas, with jurisdiction in the courts of the State of Texas and venue in Jefferson County regardless of where the obligations of the parties were performed. By execution of this Contract, the parties agree to subject themselves to the jurisdiction of the Courts of the State of Texas in all matters relating to or arising out of this Contract of the Work. 30. NOTICES: All notices required or permitted under this Contract shall be in writing and shall be deemed given when delivered in person or three days after deposit in the United States Mail, postage prepaid, addressed to the party's address reflected at the end of this Contract. A party's notice address may be changed from time to time by that party's providing written notice to the other. A copy of the notice to the CITY shall be sent to: City Attorney City of Port Arthur 444 4th Street P.O. Box 1089 Port Arthur, Texas 77641 This Agreement shall be binding upon all parties hereto and their perspective heirs, executors, administrators, successors and assigns. I IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of — 2025. ATTEST CITY OF PORT ARTHUR By: CITY SECRETARY Ronald Burton, CPM City Manager Signed on the day of 2025. WITNESSED THE ARDURRA GROUP, CONSULTANT By: Print Name: Title: 4 4 EXHIBIT A - SCOPE OF SERVICES AS DELINEATED IN THE CITY OF PORT ARTHUR'S REQUEST /\\/ ARDURRA February 12, 2025 Ron Burton City Manager City of Port Arthur SUBJECT: February 25, 2025 Council Meeting Agenda Items: Ardurra Contract Extensions Dear Mr. Burton: The City of Port Arthur- Ardurra partnership has been a productive one since 2018. We have enjoyed serving the City of Port Arthur in its recovery from several declared disasters as well as seeking funding opportunities that have been of interest to the City. We humbly request that the items below be placed on the February 25, 2025 Council Meeting Agenda. We are optimistic that we can continue to deliver quality benefits to the City during the remaining progression of the projects that we have helped the City to develop and implement. Please find a summary table below which delineates the current contract extension requests. We are nearing the end of the contract period for the largest and significant projects related to Hurricane Harvey and the subsequent drainage improvement projects. It appears that the Ardurra contract will end prior to the completion of the work on the projects themselves, and it is recommended that either the City prepare to take over the management of the projects still in process in April 2026 or develop a plan to re-procure our services for the few months of remaining work. It is recommended that after the first of the year, that the city re-procure services for Disaster Recovery and Grant Management Services for the 2026 Hurricane Season and beyond. We are requested time extensions on the ARPA, HUD Infrastructure project, and the USDOT Safe Streets project at no additional fees. We have continued to support the city's efforts to increase in-house oversight of these projects and will continue to train your grant management staff accordingly. 3850 N Causeway Blvd suite 1530, Metairie, LA 700021 504.401.3654 I www.ardurra.com February 12, 2025 /\\/, Page 2 Please let me know if there is any additional information that you would like to review in anticipation of the council reviewing these requests. We look forward to completing these tasks which have been such positive additions to the City of Port Arthur. Contract Scope Fee Renewal Status Harvey Public Assistance Use funds from Final Renewal to PA/406/404 Project ARPA interest for end April 1, 2026 Development; drainage project Hazard Mitigation delivery ($1 .8M) Drainage total contract for Improvements; all PA/HMGP Close-out 406/404 capped at $9.1 M over 8 years- Over $90 Million Dollars of Revenue USDOT Safe City-wide survey No additional fee 2nd of 3 Renewals Streets of street signals, - time extension to end April 1 , roads, bridges, only; 2026 intersections to Contract capped develop master at $350K- USDOT plan Grant obtained $2.4 Million HUD Infrastructure Replace/repair No additional fee 2nd of 3 Renewals Brick Manholes up to 60 - time extension to end April 1, manholes only; contract 2026 throughout the capped at $50K City HUD grants obtained $2 Million ARPA Projects Develop, No additional fee Final Renewal to manage, and - time extension end August 2026 report on ARPA only; ARPA funds funded projects managed $26M; capped fee at $720K at no cost to the city 3850 N Causeway Blvd suite 1530, Metairie, LA 70002! 504.401.3654 www.ardurra.com February 12, 2025 /\\/ Page 3 Respectfully submitted, Craig Taffaro Ardurra Director of Federal Programs cc:Pamela Langford Albert Thigpen 3850 N Causeway Blvd suite 1530, Metairie, LA 70002 504.401.3654 www.ardurra.com EXHIBIT B - Clarification of Scope Disaster Recovery & Technical Assistance CONSULTANT will provide professional services and technical assistance to support the Applicant in performing Disaster Response and Recovery Management activities related to FEMA Public Assistance for Post Declaration Activities, Project Development, Project Formulation, Hazard Mitigation, and CDBG-DR related support as described in the following paragraphs as delineated in Exhibit "A". To further clarify, CONSULTANT will assist with documenting activities performed before, during, and after the disaster which are considered Emergency Protective Measures (and necessary for permanent repairs) as delineated below. 1 Grant Management The CONSULTANT is to provide assistance and support for grants management and administration as needed for federal and state programs, including primarily, but not limited to, the Federal Emergency Management Agency Public Assistance Program, Federal Emergency Management Agency 404 and 406 Hazard Mitigation Programs, and the HUD CDBG-DR Program. The CONSULTANT shall work closely and collaborate with various funding agencies and internal CITY staff to ensure the proper use and application of federal and state funds. The CONSULTANT shall focus on maximizing eligible, allocable federal dollars. The CONSULTANT shall conduct efficient processes that reduce the timeline for eligibility determinations that support project cash flow sources and uses. The CONSULTANT will provide technical knowledge and experience, proven business processes, and policy strategies. In order to develop and implement the framework of grant activities, The CONSULTANT may perform services and work necessary to complete the following objectives and tasks: i Develop a document management plan that specifically outlines the structure, containment, and management of all project documentation consistently for all CITY departments. Effectively maintain efficient and complete records concerning any and all applicable grant programs. 11.2 Compile and summarize/justify costs for presentation to Federal agencies and State agencies for reimbursement of eligible costs, ensuring compliance with applicable regulations. 1.1.3 Attend meetings with the CITY, Federal agencies, and State agencies to negotiate and represent Project Worksheets (PWs) and the obligation of eligible amounts. 1.1.4 Provide grant management advice to maximize reimbursements of disaster recovery expenses. 1.1.5 Provide advice to CITY personnel and consultants; attend and participate in meetings as required. 1.1.6 Prepare draft correspondence to local, Federal and State officials as necessary. 1.1.7 Prepare and conduct the close-out process, ensuring maximum recovery and retention of all eligible funding, satisfactory disposition of appeals and availability of supporting documents for future audits. 1.1.8 Keep track and monitor CONSULTANT's own time and activities by project and task in accordance with acceptable provisions of Federal guidance for direct and indirect administrative costs and project management costs (reference Federal regulations and policy guidance for these topics). 1.1.9 Provide monthly written performance and status reports for the CITY on FEMA Public Assistance projects and other grant programs as requested. The performance and status data set shall include the following: 1.1.9.2 Hours billed and amount invoiced by personnel 1.1.9.3 PW phase and grant application development and revisions 1.1.9.4 PW phase and grant application submissions and approvals 1.1.9.5 Obligated amounts versus eligible estimates 1.1.9.6 Issues with PW and grant application submissions and resolutions 1.1.9.7 Issues requiring assistance • 1.1.9.8 Amounts awarded to CITY per PW and grant application 1.1.9.9 Requests for Reimbursement submitted 1.1.9.10 Estimated and actual costs 1.1.9.11 Reimbursements received by CITY 1.2 Grant Development The CONSULTANT shall provide services to maximize grant funding for the CITY, including but not limited to the following objectives and tasks: 1.2.1 Prepare and coordinate the development of PW's and versions as required with the CITY, Federal agencies and State agencies. Components of this process include project development, formulation, and processing as required for small and large projects. 1.2.2 Prepare, submit, and track Hazard Mitigation Grant program applications as required with the CITY, Federal agencies and State agencies. This includes project or program development, formulation, processing, and monitoring as required. 1.2.3 Work with the CITY departments and divisions to obtain all costs and necessary backup documentation to develop, revise and submit PW's and grant applications to the Federal agencies and State agencies to be approved, obligated, and reimbursed. 1.2.4 Review eligibility issues for the CITY and develop justifications for presentation to the Federal agencies, State agencies, and other agencies involved in providing disaster recovery funds. 1.2.5 Ensure that all eligible damages have been identified, quantified, and presented to the CITY, Federal agencies, and State agencies. All eligible damages shall be incorporated into the Preliminary Damage Assessment and subsequently into the associated Project Worksheet(s). Where appropriate, supporting documentation and proper cost estimates, using a FEMA acceptable cost estimating tool as needed, including the use of FEMA's Cost Estimating Factor (CEF) guidance when necessary. 1.2.6 Review contracts, bid documentation, change orders, and other records to support the proper preparation and presentation of PW's, grant applications and eligible activities. 1.3 Policy Support The CONSULTANT shall provide support to the CITY on relative grant policies, including but not limited to providing the CITY with any published changes in policies, procedures, processes, or deadlines throughout the financial disaster recovery process. 1.4 Debris Management The CONSULTANT as part of Grant Management and Grant Development activities to be provided under the tasks indicated above shall Reconcile the Debris data that was tracked, quantified, and reconciled by the Debris Monitor in order to assist the CITY to document the cirY's debris removal activities for inclusion in a Category A PW for reimbursement, per data provided by the CITY's Debris Monitoring Firm. 1.5 Damage Assessment The CONSULTANT shall, in conjunction with CITY personnel, prepare a complete damage assessment of CITY owned roads, bridges, and infrastructure; water control structures; public buildings and equipment; utilities; and parks and recreational facilities as well as assist in reviewing the loss of storm damaged contents. Recognizing the limited time available between engaging the Consultant and relevant deadlines for submission of a Damage Assessment, the completion of damage assessments shall be in conjunction with the CITY's current information and the request for an extension to provide the Damage Assessment. 1.6 Project Management The CONSULTANT shall perform work that is considered Project Management to seamlessly and efficiently support the CITY 's grants and program objectives. CONSULTANT may perform services and work necessary to complete the following objectives and tasks: 1.6.1 Contact CITY departments and CONSULTANT's to the CITY for information and coordinate their participation as it relates to FEMA eligible projects. 1.6.2 Assist in plenary activities related to federal and state grants 1.6.3 Assist in grouping projects for PW development as well as CITY priorities 1.6.4 Oversee, coordinate, and implement project decisions made by the CITY and provide technical expertise. 1.6.5 Assist in prepping CITY Department Heads in responding to emergencies and natural disasters 1.6.6 Participate in document and data management 1.6.7 Assist in processing and tracking financial transactions related to such grants 1.6.8 Other project management activities as requested. 1.7 Additional Services The CONSULTANT shall provide at scheduled rates, or as needed retain the services of, professional experts to prepare damage assessments and technical reviews and oversight in the furtherance of program objectives. The CONSULTANT shall also provide consultation regarding the procurement of preliminary engineering design as needed consistent with Scope of Services in the Request for Proposals (Exhibit A), and project cost reconciliation support in the project development phase when necessary. The CONSULTANT shall provide destructive and non-destructive testing, as needed and approved by the CITY to document damages, including but not limited to roof system analysis, wall system testing, metallurgy, hazardous materials testing, geotechnical investigations, topographic surveys and other related information necessary to support the identification of storm related damage. The CONSULTANT shall obtain reasonable proposals from qualified third parties when required for the Project and recommend to the CITY for approval. Additional Services shall be considered a reimbursable expense and billed to the CITY. 1.8 Damage Categories to be Managed It is anticipated the following damaged facilities shall be managed by the 4 CONSULTANT for the CITY to include but not be limited to the following: 1.8.2 Debris removal activities in support of Category A PW development 1.8.3 Documentation of Category B Emergency Measures in Support of PW development 1.8.4 Categories C — G Permanent Repairs to damaged Facilities listed on the damage inventory list. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY APPENDIX B LETTER OF INTEREST 1 RFP—Disaster Recovery Grant Management and Administration Services Deadline: April 16,2025 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX(City) to provide Disaster Preparedness Consultant for Hurricane Harvey for the City of Port Arthur, TX. Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ Proposal including Appendix H ••• Letter of Interest ❖ Affidavit ❖ Conflict of Interest Questionnaire(If It Applies) ❖ Non Collusion Affidavit ❖ House Bill 89 Verification ❖ SB 252 Chapter 2252 Certification ❖ Federal Clauses (1-12) Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. Ardurra Group, Inc. April 16, 2025 Firm Name Date 3115 Allen Parkway, Suite 300 Houston,Texas 77019 Ad r ss City/State/Zip Partner Authorized Signature Title Christopher Canonico, PE 713.540.5512 Name(please print) Telephone p ccanonico@ardurra.com Email / / ARDURRA APPENDIX C AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shaII be signed by a duly authonzed officer of the company whose signature is binding_ The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I fiulbcr agree to pay succeeding debts as they become due. I hereby certity that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts I fifrther agree to pay succeeding debts as they become due. Ardurra Group, Inc. April 16, 2025 Firm Name Date 1 3115 Allen Parkway, Suite 300 Houston,Texas 77019 Addr"gss > City/State/Zip 1 ; ll4 {/, a.4.") r{ Partner Authorized Signature Title I Christopher Canonico, PE 713.540.5512 Name(please print) Telephone I ccanoni�rardurra corn Email S STATE: 76)(4.0 S COUNTY: /-/,' 2fc I SUBSCRIBED AND SWORN to before me by the above named L'hlg/sair deg C,Cn/Divicc, on this the /jo' day of 1/P 'lc ,202' 2�j..:,'b;f;oUht Pubik.State of 7041, ,. ;, COMM.Ewr�e) t r-14-2026 , ary ubliC , ,',<:� )rotary ICJ 13tCe2517 RETURN THIS AFFIDAVIT AS PART OF THE PROPOSAL / ARDURRA 36 APPENDIX D CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed.See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. N/A 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. N/A Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Fonn CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. ;scribe e h employment or business relationship with the local government officer named in this section. 0 4. April 16,2025 Signature of person doing business with the governmental entity Date S S S S "u ARDURRA APPENDIX E Cali OF PORT ARTHUR.TEXAS NON-COLLUSION AFFIDA' I ' CITY OF PORT ARTHUR S STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the D firm bdding this project has violated the antitrust laws of this Mate, codified at Section Q 15,01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, n r has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Printed Name: Civisiophot canoniw . PE Title; Partner Company: Ardurra Grasp. Inc. Date: April 16.2025 SUBSCRIBED and sworn to before me by the above named e / T P1" t1 s the 'r2:'1 day ofif 'f=-'f . 20 25 .q C, . s�c Expia 11-14-203$ o ary Public in and for the ;k} v .s e.v 10 134062547 State of Texas My commission expires: //-_/`/- ^/ ARDURRA 38 ® APPENDIX F House Bill 89 Verification Christopher Canonico, PE (Person name), the undersigned representative (hereafter referred to as "Representative') of S Ardurra Group, Inc. (company or business name, hereafter referred to as `Business Entity ), being an adult over the age of eighteen (18) years of age, after being duty sworn by the undersigned notary, do hereby depose and S affirm the following: !� 1. That Representative is authorized to execute this verification on behalf of Business Entity: 2. That Business Entity does riot boycott Israel and wi[I riot boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur, and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270 001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SI NATURE OF REPRESENTATIVE SUBSCRIBED AND SRN TO BEFORE ME, the undersigned authority, on this i404 day of :'L : 2025, te r` r.A.s NDRA C©E► Nati Pcrb4,SWAP tt4 4341 '1 1. #lathy ID 1/1a6n47_,I otary Public " / ARDURRA 39 I I APPENDIX G I I SB 252 b CHAPTER 2252 CERTIFICATION b b b I, Christopher Canonico, PE , the I I I undersigned an representative ofArdurra Group, Inc. (Company or Business Name) I being an adult over the age of eighteen (18) years of age, pursuant to Texas I Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify I 1 that the company named above is not listed on the website of the Comptroller of the I State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above- 1 1 named company enter into a contract that is on said listing of companies on the 1 website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port 1 1 Arthur Purchasing Department. 1 1 1 Christopher Canonico, PE Name of Company Representative (Print) 1 1 1 1 Signature of Company Representative 1 1 ! April 16, 2025 Date 1 i 1U ARDURRA 40 ARDURRA 2025-2026 RATE TABLE Labor Category Hourly Rate-Total including All Expenses Principal $275 Project Team Leader $250 Public Assistance Officer I $115 Public Assistance Officer II $135 Public Assistance Officer III $150 Mitigation Specialist I $ 130 Mitigation Specialist II $ 140 Mitigation Specialist III $160 Appeals Specialist $160 Insurance Specialist I $120 Insurance Specialist II $140 Insurance Specialist III $160 Cost Estimator I $110 Cost Estimator II $135 Accounting Supervisor $180 Accountant Level II Journal Entry $140 Grant Administrator $175 Sr. Grant Administrator $200 Programmer $140 Senior Programmer $160 Damage Assessment Specialist I $135 Damage Assessment Specialist II $155 Damage Assessment Specialist III $175 Closeout Specialist I $110 Closeout Specialist II $130 Closeout Specialist III $150 Debris Specialist I $135 Debris Specialist II $145 p Rate Schedule Labor Category Hourly Rate-Total including All Expenses Principal $290 Project Team Leader $280 Public Assistance Officer I $ 120 9 Public Assistance Officer II $ 150 Public Assistance Officer III $ 160 Mitigation Specialist I $ 130 1► Mitigation Specialist II $ 150 Mitigation Specialist III $ 170 Appeals Specialist $ 160 Insurance Specialist I $ 120 Insurance Specialist II $ 140 Insurance Specialist III $ 160 Cost Estimator I $ 120 Cost Estimator II $ 140 Accounting Supervisor $ 200 Accountant Level II Journal Entry $ 140 Grant Administrator $ 1850 Sr. Grant Administrator $ 200 Programmer $ 140 Senior Programmer $ 160 Damage Assessment Specialist I $ 135 Damage Assessment Specialist II $ 165 Damage Assessment Specialist III $ 185 Closeout Specialist I $ 120 Closeout Specialist II $ 140 eig Rate Schedule ors org Closeout Specialist Ill $ 160 Debris Specialist I $ 125 Debris Specialist II $ 140 fro oss p. p. p. p. p. p. p. p. p. es- tip p. p. p. p. p. p. p. p. ' r. pIIIIIIIIIIIIIIIIIIIIIIIIIIIIw 1 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES I 0 The Owner and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to 0 this contract and shall not be subject to any obligations or liabilities to the Owner, Contractor, or t any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. I : It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 3 5 0 Christopher Canonico, PE (printed name of signatory) b 0414:°1 ‘------------- April 16, 2025 (signature and date) r IA . ! 14 I k 1 p p 1 il 1 1 1 1 1 1 f`i ARDURRA 43 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELA1E1) ACTS 31 U.S.C. 3801 et seq. f ` Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., "Administrative Remedies for False Claims and Statements," apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract for which this contract work is being performed.In addition to other penalties that may be applicable,the Contractor further acknowledges that if it makes,or causes to be made,a false,fictitious,or fraudulent claim,statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. p p Christopher Canonico, PE (printed name of signatory) • April 16,2025 (signature and date) r 1 M ' ��/ ARDURRA 44 3. ACCESS TO RECORDS AND REPORTS The following access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor 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." Christopher Canonico, PE (printed name of signatory) &i:/) April 16,2025 (signature and date) �u ARDURRA 4111111111111111111111 4. EQUAL EMPLOYMENT OPPORTUNITY 29 CFR Part 1630, 41 CFR Parts 60 et seq. 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,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,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 considerations for employment without regard to race,color,religion,sex, or national origin. (3)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. (4)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. (5)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. (6)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 as 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)The contractor will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs(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 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 into such litigation to protect the interests of the United States." Christopher Canonico, PE (printed name of signatory) April 16,2025 (signature and date) 1 1 1y ARDURRA 46 5. GOVERNMENT-WIDE SUSPENSION AND DEBARMENT By signing and submitting its bid or proposal, the bidder or proposer agrees to comply with the following: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.pt. 3000. As such the contractor is required to verify that none of the contractor,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 contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by(insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or 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 while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Christopher Canonico, PE (printed name of signatory) (etApril 16, 2025 (signature and date) Wit/ ARDURRA 47 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 29 CFR § 5.5(b) (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(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States 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 (1) 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(1) of this section. (3)Withholding for unpaid wages and liquidated damages The Owner shall,upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2) of this section. (4) Subcontracts - Contractor or subcontractor shall insert in any subcontracts 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. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through(4)of this section. Christopher Canonico, PE (printed name of signatory) April 16, 2025 (signature and date) 7/ ARDURRA 7. LOBBYING Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 44 C.F.R. PART 18 —CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies,to the best of his or her knowledge, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ��i ARDURRA 49 The Contractor,Ardurra Group, Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq apply to this certification and disclosure, if any. Executed this 16th day ofAprll , 2025 BY Signature of Bidder/Contractor/Subcontractor's Authorized Official Christopher Canonico, PE ► Printed Name of Bidder/Contractor/Subcontractor's Authorized Official Partner Title of Authorized Official 1 I /' ARDURRA 50 ► IIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIV 8. CLEAN AIR 42 U.S.C. § 7401 et seq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn,report each violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Christopher Canonico, PE (printed name of signatory) April 16, 2025 (signature and date) 9. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 et seq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Christopher Canonico, PE (printed name of signatory) April 16, 2025 (signature and date) / ARDURRA 10. PROCUREMENT OF RECOVERED MATERIALS 42 U.S.C. 6962 (1) In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i)Competitively within a timeframe providing for compliance with the contract performance schedule; (ii)Meeting contract performance requirements; or (iii)At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Christopher Canonico, PE (printed name of signatory) April 16, 2024 (signature and date) 11. DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO,AND FLAGS The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval Christopher Canonico, PE (printed name of signatory) April 16, 2025 (signature and date) /\\/ ARDURRA 111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIVAIIIIIIIIIIEIIIIIIIIIIIIIIIIIIIIIIIL 12. COMPLIANCE WITH FEDERAL LAW,REGULATIONS,AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. Christopher Canonico, PE (printed name of signatory) April 16,2025 (signature and date) I\\/ ARDURRA A 53 CITY OF PORT ARTHUR Request for Proposal Disaster Recovery Grant Management and Administration Services March 29, 2025 April 5, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS • REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN THAT sealed Proposals, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444-4th Street or P. O. Box 1089, Port Arthur,Texas 77641 no later than 3:00 P.M.,Wednesday,April 16,2025 and all bids received will thereafter be opened and read aloud on Wednesday,April 16,2025 at 3:15 P.M.in the City Council Chambers,5th Floor,City Hall,Port Arthur,Texas for certain services briefly described as: Request For Proposal Disaster Recovery Grant Management and Administration Services • Proposals received after closing time wilt be returned unopened. ' Copies of the Specificatibns and other Contract Documents are on file in the Purchasing Office,444- 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be - retrieved from the City's website at www.portarthurtx.gov or www.publicpurchase.com. PUBLIC NOTICE The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. OF PORT ARTHUR,TEXAS • QUEST FOR PROPOSALS I Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not • healed Proposals, addressed to the City of Port Arthur,will award a contract to a company that is in arrears in Its obligations to the City. Secretary, City Hall 444-4th Street or P. O. Box 1089, Port ti 0 P.M.,Wednesday,April 16,2025 and all bids received will 444r—ci • in Wednesday,April 16,2025 at 3:16 P.M.in the City Council P.: „losMtwee ithur,Texas for certain services briefly described as: _—Request For Proposal �._ Disaster Recovery Grant Management and Administration Services • Proposals received after closing time will be retumed`unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444- 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not ' award a contract to a company that Is in arrears in its obligations to the City. CfUI V IIUaav, PB Purcnnbyr Mager CITY OF PORT ARTHUR TEXAS Bid Tabulation "°j ; Request for Proposal ny 11 ‘i, Al Disaster Recovery Grant Management ort rthu and Administration Services Texas P25-040 Firm Name Location Ardurra Group,LLC. Houston,TX MPACT Strategic Consulting, LLC. Houston,TX Garner Environmental Services, INC. Houston,TX YOLAN4 W Y-PION-GOODEAUX 4/17/2025 Yolanda Scypion-Goudeaux,Purchasing Assistant Date — I Addendum#1 THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, h CITY MANAGER MAYOR PRO TEM City of WI , SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t r t II tt ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR CITY ATTORNEY THOMAS KINLAW,III I exas DONALD FRANK,SR MARCH 27, 2025 REQUEST FOR PROPOSAL DISASTER RECOVERY GRANT MANAGEMENT AND ADMINISTRATION SERVICES DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,April 9,2025. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, April 9, 2025 in the City Council Chambers,City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. MARK ENVELOPE: P25-040 DELIVERY ADDRESS: Please submit one (1) original and five (5) exact duplicate copies of your RFP to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Request for Proposal should be directed in writinjl to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 • Addendum#1 The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 35 i )14 c ofCy -CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. ONE (1) r r r t h u March 27,2025 BID FOR: DISASTER RECOVERY GRANT MANAGEMENT AND ADMINISTRATION SERVICES BID: P25-040 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Attached is the revised bid package. Disregard the previous bid package. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. 6?)dizimtd- Cliftein Williams Purchasing Manager Signature of Proposer Date Company Vendor Name can of -CITY OF PORT ARTHUR,TEXAS ' �/ ADDENDUM NO. TWO (2) nrr rthur April 1,2025 BID FOR: DISASTER RECOVERY GRANT MANAGEMENT AND ADMINISTRATION SERVICES BID: P25-040 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time,Wednesday,April 16,2025. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, April 16, 2025 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Gf2 Cli `eh Williams Purchasing Manager Signature of Proposer Date Company Vendor Name Addendum#1 REQUESTS FOR PROPOSALS DISASTER RECOVERY GRANT MANAGEMENT AND ADMINISTRATION SERVICES (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid,we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 35 Addendum#1 Request for Proposal Introduction A.Project Overview: The City of Port Arthur, Texas is requesting proposals with the intent of awarding a contract for the purchase of goods and services contained in Scope of Services. B. Questions: Following are contacts for questions as identified. 1. RFP Clarifications: All questions related to requirements or processes of this RFP should be submitted in writing to the Purchasing Division. 2. Scope of Service Questions: All questions related to the scope of services should be submitted in writing to the contact person(s). 3. Replies: Responses to inquiries which directly affect an interpretation or effect a change to this RFP will be issued in writing by addendum and posted to City website and www.publicpurchase.com. 4. All such addenda issued by City prior to the submittal deadline shall be considered part of the RFP. The City shall not be bound by any reply to an inquiry unless such reply is made by such formal written addendum. 5. Acknowledgement of Addenda: The Proposer must acknowledge all addenda by signing and returning such document(s)or by initialing appropriate area of the proposal document or the submittal will marked Non-Responsive. The City of Port Arthur desires to stimulate growth of local minority and women-owned business enterprise (M/WBE)by encouraging their participation in all phases of its contract and procurement activity and by affording them the opportunity to compete for all City of Port Arthur contracts. The purpose and objectives of this article are to: 1. Increase the capacity of local M/WBE's to provide products and services. 2. Increase the opportunities for local M/WBE's to expand their business with the city and other public and private sector business entities. Provided,however, nothing herein shall require the city to award contracts for services or procurements to a M/WBE which is not also the lowest responsive and responsible Proposer and otherwise qualified unless the city may otherwise lawfully award the contract to someone other than the lowest responsive, responsible Proposer. Page 4 of 35 Addendum#1 SCOPE OF SERVICES PURPOSE: The purpose of this Request for Proposals (RFP) is to obtain competitive proposals from qualified firms to establish a contract for technical and professional services to assist the City of Port Arthur (the City)with respect to satisfying the requirements under the FEMA Public Assistance Program. These services will include assistance and support for grants management and administration and associated project management services. This contract is issued with no guaranteed quantity of services and the usage of this contract is wholly dependent upon the needs of the City at the time of an emergency or disaster. SCOPE OF WORK/SERVICES: The scope of services described herein requires the Contractor to develop and implement a recovery plan to restore facilities to their pre-disaster condition. The main objective of this RFP program is to maximize eligibility and reimbursement for all aspects of the recovery program. 1. Provide assistance to the City with regard to disaster assistance and management of any type needed including,but not limited to,response;preliminary damage assessments;recovery to include any State of Texas Division of Emergency Management (TDEM) or Federal Emergency Management Agency (FEMA), and mitigation and preparedness service (planning,training and exercise), including present and future disasters. 2. Provide broad-based support services to the City in a timely and efficient manner for response and recovery activities, ensuring the City is able to accomplish and maximize (if available) federal grant funding for debris missions, emergency protective measures and recovery missions that serve the public's health and safety. 3. Provide guidance in recovering reimbursement for the repair and potential replacement of the loss of critical infrastructure. 4. Assist the City with the implementation of preliminary damage assessments (PDAs) to document the impact and magnitude of the disaster. 5. Assist the City during Applicant's Briefings with FEMA and the state, assisting with relationship development,requesting additional programmatic details and clarifications that will assist the City during the grant process. 6. Collaborate with the City on project formulation, including damage assessments (field team assessment of damages including a comprehensive list of damaged structures,contents,etc.); information gathering (photo-document damages, gather records, drawings, insurance policies, historical photos/videos, etc.); project development (define both small and large projects' scope, size, and damages, including cost estimating,that will be the basis of each Project Worksheet); project submittals (draft and submit small and large project PWs to TDEM/FEMA). 7. Assist with the management of FEMA and/or other federal grants and TDEM coordination along with the City,arranging for routine status/action plan meetings,establishing priorities, scope changes and updates at meetings. 8. Coordinate and manage deliverables with FEMA and TDEM. 9. Assist the City with TDEM/FEMA and/or other federal grant quarterly reporting. 10. Generate time extension requests to FEMA and/or other federal grants and TDEM when necessary so that PW eligibility is not forfeited. Page 5 of 35 Addendum#1 11. Develop improved and/or alternate project requests for TDEM and FEMA and/or other federal grants. 12.Develop Sandy Recovery Improvement Act(SRIA)alternative arrangement projects as soon as possible to streamline the recovery process within established FEMA timelines. 13. Develop Section 406 Hazard Mitigation Proposals (HMPs) where mitigation actions can minimize future disaster impacts. 14. Develop Section 404 Hazard Mitigation strategies providing staff experienced in the use of FEMA BCA tools and methodologies that can minimize future disaster impacts. 15. Assist with the submittal of first and second appeals to FEMA should the City disagree with the FEMA formulated PWs. 16. Generate PW amendments requesting changes as agreed through resolution discussions or first appeals. 17. Provide procurement assistance to the City, interfacing with internal staff, to ensure procurement processes adhere to FEMA federal grants recovery criteria. 18. Assist the City with development of scope and bid packages that align with the project worksheet scope of work and damages. 19. Coordinate and interface with engineering and design efforts for the repair and/or reconstruction of damaged infrastructure that will comply with FEMA eligibility and cost reasonableness, including oversight of the repair and/or reconstruction efforts to ensure FEMA's Public Assistance grant is clearly defined and implemented. 20.Assist with the procurement of architectural and/or design firms. 21. Guide the City through FEMA's Public Assistance grant and other federal grants funding requirements and criteria. 22.Assist the City with establishing programmatic document control, establishing a file retention system and data management processes to ensure disaster records are complete and ready for audit. 23.Assist the City with the closeout of PWs, both large and small, including the review and preparation of final closeout packages for completed work. 24. Assist the City with insurance optimization by working with insurance carriers to optimize coverage relating to the disaster,while also making recommendations with regard to limits, scope,and deductibles for future policy negotiations. 25. Provide insurance assistance to the City in the identification of Texas Windstorm Policies, National Flood insurance policies and the effects of anticipated and actual reductions on FEMA PW's. Term of Contract The contract shall be one year with the option to renew for four additional one-year periods. Page 6 of 35 Addendum#1 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain proposers with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 pages, excluding resumes. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. Corporate Background and Experience The Proposer should give a brief description of the company, including a brief history, full legal name, corporate structure and organization, date of establishment, number of years in business, current firm ownership, and any recent and/or materially significant proposed change in ownership. This section should provide a detailed discussion of the Proposer's prior experience in working on projects similar in size,scope,and function to the proposed contract. Proposers should describe their experience in other corporate/governmental entities of comparable size and diversity with references from five(5)previous clients serviced in the past five(5)years including names,telephone numbers, and email addresses. The proposer should also provide any information uniquely relevant in evaluating the experience of the proposer to handle the proposed work and describe the proposer's presence in and commitment to the City. Proposer's Experience / Staff Project Team: Identify all members of the Proposer's team (including both team members and management) who will be providing any services proposed and include information which details their experience. Removal or Replacement of Staff: If an assigned staff person must be removed or replaced for any reason, the replacement person must be approved by City prior to joining the project. Technical Approach & Methodologies The proposal should include the proposer's understanding of the disaster recovery process and how its proposal will best meet the needs of the City; a description of the proposer's approach to Grants management and quality assurance; and methodologies for delivering the project, including proposed organizational structure and staffing strategies. The proposer shall fill out Attachment E, Rate Schedule, in its entirety and include it in the proposal. The proposer shall list an hourly rate that includes costs for travel and expenses for every position listed in Attachment E. Costs proposed shall be hourly rates including travel and expenses. Only time properly invoiced and approved by the City will be paid. Expenses are to be calculated and included in the total hourly rate that is provided and not broken out separately Page 7 of 35 Addendum#1 EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview, at the proposer's own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience,qualifications,project approach,price, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Vendor for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a. Vendor Qualifications (25 points) b. Public Assistance Technical Experience(30 points) c. Understanding of Public Assistance Program (20 points) d. Cost(15 points) e. Experience with Similar Project(10 points) 2. The evaluation committee shall recommend the most qualified firm to the City Council for approval and will offer a contract based on services and fees as agreed upon. 3. Prior to the approval of an award, no evaluation committee member shall disclose any information regarding the committees' decision. 4. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s)shall pay their own costs incurred in preparing for,traveling to and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process)that might affect the City'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. Page 8 of 35 Addendum#1 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas,to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,alteration,or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual,to the Purchasing Division 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. CONFLICT OF INTEREST:No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated,Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ).The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only.If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. The following are the current City Council and City Employees who are anticipated to either recommend or approve award of the proposal. Page 9 of 35 Addendum#1 MAYOR: THURMAN BARTIE COUNCIL MEMBERS: MAYOR PRO TEM DONEANE BECKCOM; WILLIE BAE LEWIS, JR.; THOMAS KINLAW, III; TIFFANY L. HAMILTON EVERFIELD;HAROLD L. DOUCET, SR.; DONALD FRANK, SR. CITY STAFF City Manager: Ronald Burton Interim Director of Finance: Lynda Boswell Interim Director of Utility Operation: Calvin Matthews Director Public Work: Flozelle Roberts ETHICS: Public employees must discharge their duties impartially so as to assure fair,competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively,beginning with 1. PRICES: The bidder should show in the proposal both the unit price and total amount, where required,of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. Page 10 of 35 Addendum#1 PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089,Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws,ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect,in this Contract;and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. Page 11 of 35 Addendum#1 CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying e 'feccive'aate thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE:The City may terminate this contract at any time giving at least thirty(30)days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. • SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE:All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, Page 12 of 35 Addendum#1 maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract,whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,and employees must be named as an additional insured): a. Bodily injury $1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage $1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers,effective dates and expiration dates)and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered,modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten(10)days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from the City. PUBLIC INSPECTION OF PROPOSALS: The City strictly adheres to the Texas Public Information Act(Texas Government Code Chapter 552.001,et seq.)and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposal Documents are not available for public inspection until after the contract award. If the Proposer has notified the City, Page 13 of 35 Addendum#1 in writing, that the Proposal Document contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act.This is a statement of general policy only,and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. PROPOSAL EVALUATION AND CONTRACT AWARD: Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all proposals to determine which offerors are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. A variety of factors may be used in the evaluation of the submitted proposals for this project. The City may,at its option,conduct discussions with or accept proposal revisions from any reasonably qualified proposer.Discussions may not be initiated by offerors. These discussions will be limited to issues and topics brought forth by the City. Any attempt by proposer or vendor at deviating from the issues and topics to discuss other issues and topics concerning the Proposal brought forth by the City of Port Arthur shall be grounds for disqualification. Vendors shall not contact any City of Port Arthur personnel during the proposal process without the express permission from the City's Purchasing Manager. AMBIGUITY: Any ambiguity in the Proposal Document as a result of omission, error, lack of clarity or non-compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. ADDITIONAL INFORMATION: City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this RFP. WAGES& SALARIES:Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions.Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race,color, religion, sex, age or national origin. Page 14 of 35 Addendum#1 RETURN WITH PROPOSAL A. Proposal Information Yes B. Letter of Interest Yes C. Affidavit Yes D. Conflict of Interest Questionnaire Yes (Write NA if no conflict) E. Non Collusion Affidavit Yes F. Federal Clauses(1-12) Yes G. Yes Page 15 of 35 Addendum#1 APPENDIX A LIST OF KEY PERSONNEL NAME TITLE TELEPHONE Thurman Bartle Mayor 409.983.8105 Ronald Burton City Manager 409.983.8101 Timothy Duriso Chief of Police 409.983.8611 Antonio Mitchell Interim Deputy Fire Chief 409.983.8740 Jermey Houston Emergency Management Coordinator 409.983.8616 Fire Captain/ Asst. Emergency Management Robert Havens Coordinator 409.983.8740 Flozelle Roberts Director of Public Works 409.983.8182 Lynda Boswell Director of Finance 409.983.8150 I Page 16 of 35 Addendum#1 APPENDIX B LETTER OF INTEREST RFP—Disaster Recovery Grant Management and Administration Services Deadline: April 16,2025 The undersigned firm submits the following information(this RFP submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur,TX(City) to provide Disaster Preparedness Consultant for Hurricane Harvey for the City of Port Arthur,TX. Enclosed, and by this reference incorporated herein and made a part of this RFP,are the following: ❖ Proposal including Appendix H ❖ Letter of Interest • Affidavit ❖ Conflict of Interest Questionnaire(If It Applies) ❖ Non Collusion Affidavit ❖ House Bill 89 Verification ❖ SB 252 Chapter 2252 Certification ❖ Federal Clauses(1-12) Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. Firm Name Date Address City/State/Zip Authorized Signature Title Name (please print) Telephone Email Page 17 of 35 Addendum#1 APPENDIX C AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Address City/State/Zip Authorized Signature Title Name(please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the day of ,20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE PROPOSAL Page 18 of 35 Addendum#1 APPENDIX D CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. Signature of person doing business with the governmental entity Date Page 19 of 35 Addendum#1 APPENDIX E CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Printed Name: Title: Company: Date: SUBSCRIBED and sworn to before me by the above named on this 111 the day of , 20 Notary Public in and for the State of Texas My commission expires: Page 20 of 35 Addendum#1 APPENDIX F House Bill 89 Verification (Person name), the undersigned representative (hereafter referred to as "Representative") of (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1 . That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE 4 SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of , 20 Notary Public Page 21 of 35 Addendum#1 APPENDIX G SB 252 CHAPTER 2252 CERTIFICATION I, , the undersigned an representative of (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above- named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. 4 Name of Company Representative (Print) Signature of Company Representative I Date Page 22 of 35 Addendum#1 APPENDIX H RATE TABLE Labor Category Hourly Rate-Total including All Expenses Principal $ Project Team Leader $ Public Assistance Officer I $ Public Assistance Officer II $ Public Assistance Officer III $ Mitigation Specialist I $ Mitigation Specialist II $ Mitigation Specialist III $ Appeals Specialist $ Insurance Specialist I $ Insurance Specialist II $ Insurance Specialist III $ Cost Estimator I $ Cost Estimator II $ Accounting Supervisor $ Accountant Level II Journal Entry $ Grant Administrator $ Sr. Grant Administrator $ Programmer $ Senior Programmer $ Damage Assessment Specialist I $ Damage Assessment Specialist II $ Damage Assessment Specialist III $ Closeout Specialist I $ Closeout Specialist II $ Closeout Specialist III $ Debris Specialist I $ Debris Specialist II $ Page 23 of 35 Addendum#1 FEDERAL CLAUSES Page 24 of 35 Addendum#1 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Owner and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Owner, Contractor, or any other party (whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. (printed name of signatory) (signature and date) Page 25 of 35 Addendum#1 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELA L ED ACTS 31 U.S.C. 3801 et seq. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., "Administrative Remedies for False Claims and Statements," apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract for which this contract work is being performed.In addition to other penalties that may be applicable,the Contractor further acknowledges that if it makes,or causes to be made,a false,fictitious,or fraudulent claim,statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (printed name of signatory) (signature and date) Page 26 of 35 Addendum#1 3. ACCESS TO RECORDS AND REPORTS The following access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor 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." (printed name of signatory) (signature and date) Page 27 of 35 Addendum#1 4. EQUAL EMPLOYMENT OPPORTUNITY 29 CFR Part 1630, 41 CFR Parts 60 et seq. 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,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,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 considerations for employment without regard to race,color,religion,sex, or national origin. (3)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. (4)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. (5)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. (6)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 as 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)The contractor will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs(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 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 into such litigation to protect the interests of the United States." (printed name of signatory) (signature and date) Page 28 of 35 Addendum#1 5. GOVERNMENT-WIDE SUSPENSION AND DEBARMENT By signing and submitting its bid or proposal, the bidder or proposer agrees to comply with the following: (1)This contract is a covered transaction for purposes of 2 C.F.R.pt. 180 and 2 C.F.R.pt. 3000.As such the contractor is required to verify that none of the contractor,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 contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by(insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or 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 while this offer is valid and throughout the period of any contract that may arise from this offer.The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (printed name of signatory) (signature and date) Page 29 of 35 Addendum#1 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 29 CFR§ 5.5(b) (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(1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States 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(1)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(1)of this section. (3)Withholding for unpaid wages and liquidated damages—The Owner shall,upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2)of this section. (4) Subcontracts- Contractor or subcontractor shall insert in any subcontracts 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. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through(4) of this section. (printed name of signatory) (signature and date) Page 30 of 35 Addendum#1 7. LOBBYING Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants,Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding$100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge,that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract, grant, loan,or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Page 31 of 35 Addendum#1 The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq apply to this certification and disclosure, if any. Executed this day of ,20_ BY Signature of Bidder/Contractor/Subcontractor's Authorized Official Printed Name of Bidder/Contractor/Subcontractor's Authorized Official Title of Authorized Official Page 32 of 35 Addendum#1 8. CLEAN AIR 42 U.S.C. § 7401 et seq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will,in turn,report each violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (printed name of signatory) (signature and date) 9. CLEAN WAFER REQUIREMENTS 33 U.S.C. 1251 et seq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (printed name of signatory) (signature and date) Page 33 of 35 Addendum#1 10. PROCUREMENT OF RECOVERED MATERIALS 42 U.S.C. 6962 (1)In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— (i)Competitively within a timeframe providing for compliance with the contract performance schedule; (ii)Meeting contract performance requirements; or (iii)At a reasonable price. (2)Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (printed name of signatory) (signature and date) 11. DEPARTMENT OF HOMELAND SECURITY SEAL,LOGO,AND FLAGS The contractor shall not use the DHS seal(s), logos,crests,or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval (printed name of signatory) (signature and date) Page 34 of 35 Addendum#1 12. COMPLIANCE WITH FEDERAL LAW,REGULATIONS,AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. (printed name of signatory) (signature and date) Page 35 of 35