REQUEST FOR PROPOSALS OFFICE SPACE LEASING RFP

Transcription

1 REQUEST FOR PROPOSALS OFFICE SPACE LEASING RFP DUE DATE: March 27, :00 p.m. CITY OF FRIENDSWOOD Attention: Melinda Welsh, City Secretary 910 S. Friendswood Drive Friendswood, TX 77546

2 TERMS AND CONDITIONS 1. The City of Friendswood will accept SEALED PROPOSALS Monday through Thursday, 7:30 a.m. 12:00 p.m. and 1:00 p.m. 5:30 p.m. and Fridays, 8:00-5:00 p.m. Proposals must be received by the City Secretary before the specified hour and date of the opening. At that time proposals shall be opened and names publicly read. 2. All sealed offers should be submitted on the original forms provided. Each proposal must be sealed and should be placed in a properly identified envelope with RFP number, time and date of RFP opening. 3. Late proposals will be UNOPENED. Late proposals will not be considered under any circumstances. 4. Proposals CANNOT be altered or amended after opening time. Any alterations made before opening time must be initialed by offeror or his authorized agent. No proposal may be withdrawn after opening without approval, and based on a written acceptable reason. 5. The City of Friendswood reserves the right to revise or amend the specifications prior to date set for opening proposals. Such revisions or amendments, if any, will be announced by amendments or addendum to these specifications. Copies of such amendments or addendum so issued will be furnished to all prospective offerors. If offeror demonstrates just reason for a change, the City of Friendswood must have at least five working days notice prior to bid opening date. 6. Should offeror find discrepancies in or omissions from the specifications or other documents or be in doubt as to their meaning, offeror should at once notify the Purchasing Coordinator and obtain clarification prior to submitting a proposal. 7. QUOTE F.O.B. destination. Price should include all costs including shipping, handling, and other related costs. 8. Proposals shall be valid for ninety (90) days from opening date. 9. The City of Friendswood is exempt from taxes. DO NOT INCLUDE TAX IN PROPOSAL. 10. The City of Friendswood reserves the right to terminate this contract for any reason by notifying the Contractor/Supplier in writing thirty (30) days prior to the termination of this agreement. 11. Offeror MUST give full firm name and address. Person signing bid should show TITLE or AUTHORITY TO BIND HIS FIRM IN A CONTRACT. Authorized signature should appear on each page of the proposal in the space provided. 12. Any catalog, brand name or manufacturer s reference used in proposal invitation is descriptive NOT restrictive it is to indicate type and quality desired. Proposals on brands of like nature and quality will be considered. If proposing on other than reference specifications, offeror must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s) specified is offered, illustrations and complete description should be made part of the proposal. If offeror takes no exceptions to specifications or reference data, he will be required to furnish brand names, numbers, etc., as specified. All items proposed shall be new, in first class condition and manufacturer s latest model and design including containers suitable for shipment and storage, unless otherwise indicated in RFP. Verbal agreements to the contrary will not be recognized. 13. If the brochure or information included with your proposal does not exactly describe the item to be furnished, then notes in the attached form, EXCEPTIONS TO PROPOSAL, must explain the difference. Comments in this form signify that your proposal takes exception to the stated specifications. Exceptions taken may be just cause to disqualify proposal. 14. NO substitutions or cancellations permitted without written approval of the City of Friendswood. 15. All offerors must meet or exceed the minimum specifications to be considered as a valid proposal. The City of Friendswood reserves the right to accept or reject all or any part of any proposal, waive minor technicalities and award the proposal to the offeror whose proposal is determined to be the most advantageous to the municipality considering the relative importance of price and the other evaluation factors included in the request for proposal. 16. DELIVERY: Specifications indicate number of days required to place material in receiving department designated location under normal conditions. A difference in delivery promise may break a tie proposal. Unrealistically short or long delivery promises may cause proposal to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. Delivery shall be made during normal working hours only, 8:00 a.m. to 5:00 p.m. unless prior approval for late delivery has been obtained. 17. Consistent and continued tie bidding could cause rejection of bids by the City of Friendswood and/or investigation for Anti-Trust violations. 18. If a proposal contains proprietary information, the offerors must declare such information as proprietary if Offeror does not want information to become public. The City strictly adheres to the Texas Public Information Act and in no event shall the City be liable for disclosure of such information in response to a Public Information Act request. 19. The Contractor/Supplier agrees to protect the City of Friendswood from claims involving infringement of patents or copyrights. 20. Purchase order number should be on original invoice and invoice sent to the City of Friendswood, 910 S. Friendswood Drive, Friendswood, TX 77546; Attn: Accounts Payable. 21. The City of Friendswood intends to negotiate a lease agreement without triple net provisions and a lease purchase option agreement with the successful proposer.

3 CITY OF FRIENDSWOOD RFP OFFICE SPACE LEASING SPECIFICATIONS (MINIMUM): INTENT: The City of Friendswood seeks proposals from qualified Property Owners, Real Estate Agents, Brokers, etc., to provide Office Space Leasing. The City Staff who will inhabit the facilities includes personnel from Public Works, Parks, Emergency Operations Center, and others requiring the space. The purpose of these specifications is to describe the minimum requirements of the City of Friendswood. The person to contact for additional information is Jeff Spears, Purchasing Coordinator at (281) REQUIREMENTS: Any variance in any item must be specified clearly under the Exceptions to Bidder's Proposal by Bidder in order to have a valid proposal. Any exceptions taken may be just cause for disqualification. GENERAL CONDITIONS: Sections must be filled out completely. The contract shall be awarded in whole to the offeror whose proposal is determined to be the most advantageous to the municipality considering the relative importance of price and the other evaluation factors included in the request for proposal. AUDIT: Contractor shall provide the City of Friendswood a line item report of quantities and expenditures at any time during the term of this contract for materials, commodities, or services rendered as requested by City staff. In addition, the Contractor shall maintain all records in relation to this contract for a period of at least ten (10) years from the date of the final certification of completion of the City s last project associated with the disaster. NON-FUNDING CLAUSE: The City of Friendswood City s budget is funded on an October 1 st to September 30 th fiscal year basis. Accordingly, the City of Friendswood reserves the right to terminate this contract by giving Offeror thirty (30) days written notice, without liability to the City, in the event that funding for this contract is discontinued or is no longer available. INSURANCE REQUIREMENTS: OFFEROR SHALL INCLUDE CERTIFICATE OF INSURANCE WITH THE RFP, OR PRIOR TO AWARD. OFFEROR OR OFFEROR'S INSURANCE AGENT SHALL INCLUDE RFP NUMBER AND DESCRIPTION OF RFP ON THE CERTIFICATE OF INSURANCE. THE COMPANIES AFFORDING COVERAGE AND THE PRODUCER OF THE CERTIFICATE OF INSURANCE SHALL BE LICENSED WITH THE STATE BOARD OF INSURANCE TO DO BUSINESS IN THE STATE OF TEXAS.

4 INDEMNITY AGREEMENT: The Contractor hereby agrees to and shall indemnify, hold harmless, and defend the City, its officers, agents and employees from and against any and all claims, losses, damages, demands, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorneys' fees, for injury to or death of any person, for loss of use or revenue, or for damage to any property arising out of or in connection with the actual or alleged malfunction, design or workmanship in the manufacture of equipment, the fulfillment of contract, or the breach of any express or implied warranties under this contract. Such indemnity shall apply where the claims, losses, damages, causes of action, suits or liability arise in part from (i) the joint negligence of the City and the Contractor, and/or their respective officers, agents and/or employees or (ii) the sole negligence of the Contractor, its officers, agents and employees. It is the expressed intention of the parties hereto, both Contractor and the City, that the indemnity provided for in this paragraph is indemnity by Contractor to indemnify and protect the City from the consequence of (i) the City's own negligence where that negligence is a concurring cause with that of the Contractor of the injury, death or damage and/or (ii) the Contractor s own negligence where that negligence is the sole cause of the injury, death, or damage. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit and liability where in injury, death or damage results from the sole negligence of the City unmixed with the fault of any other person or entity. In the event any action or proceeding is brought against the City by reason of any of the above, the Contractor agrees and covenants to defend the action or proceeding by counsel acceptable to the City. The indemnity provided for herein shall survive the termination or expiration of this agreement. COMPLIANCE WITH LAWS: Offeror shall comply with all Federal and State laws and City Ordinances and Codes applicable to the Offeror's operation under this contract. These Specifications and the contract resulting here from shall be fully governed by the laws of the State of Texas, and shall be fully performable in Galveston County, Texas, where venue for any proceeding arising hereunder will lie. SILENCE OF SPECIFICATIONS: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality shall be used. All interpretations of specifications shall be made on the basis of this statement. SEVERABILITY: If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. CONFLICT OF INTEREST: Chapter 176 of the Texas Local Government Code requires that any person, who enters or seeks to enter in to a contract for the sale or purchase of property, goods or services with a local government entity and who has an employment or other business relationship with a local government entity and who has an employment of other business relationship with a local government officer of family member of the officer, as described by Texas Local Government Code Section , shall file a completed conflict of interest questionnaire with the City within seven (7) business days after the later of: 1. The date the person begins discussions or negotiations to enter in to a contract, including submission of a bid or proposal, or

5 2. The date the person becomes aware of facts that require the statement to be filed. Additional information and the form to be used to file this notice can be found at: CONTRACT TERMINATION: The City of Friendswood and the provider reserve the right to terminate this contract for any reason and at any time by, within 45-days, notifying the other party in writing and stating effective date of termination. RIGHT OF ASSURANCE: Whenever one (1) party to this contract in good faith has reason to question the other party's intent to perform, he may demand that the other party give a written assurance of this intent to perform. In the event that demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of this contract. HOUSE BILL 89: House Bill 89, effective September 1, 2017, amended the Texas Government Code to add Chapter 2270, Prohibition on Contracts with Companies Boycotting Israel. Effective September 1, 2017, a state agency and a political subdivision (which includes a city) may not enter a contract with a company for goods or services unless the contract contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. By accepting this purchase order, the Vendor (Professional or other applicable term defining the contracting party) verifies that it does not Boycott Israel, and agrees that during the term of this Agreement (Contract as applicable) will not Boycott Israel as that term is defined in Texas Government Code Section , as amended. RFP DELIVERY: Request for proposals (RFP) shall be submitted in sealed envelopes clearly marked with RFP , OFFICE SPACE LEASING. The RFP shall be addressed to the City of Friendswood, Attention: Melinda Welsh, City Secretary. The Requests for Proposals will be received at Friendswood City Hall, 910 S. Friendswood Drive, Friendswood, TX, until 2:00 pm, Tuesday, March 27, 2018, at which time the RFPs will be publicly opened. Submit to: CITY OF FRIENDSWOOD ATTN: MELINDA WELSH, CITY SECRETARY 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TX 77546

6 RFP OFFICE SPACE LEASING SPECIFICATIONS PURPOSE: The purpose and intent of this Request for Proposals (RFP) is to solicit proposals from qualified proposers for an office space to house essential City staff. Furthermore, the City could entertain purchasing the facilities in the future if possible. SCOPE OF WORK: The scope of services described herein describes the minimum requirements and expectations of the City. The City will evaluate each proposal on the ability to satisfy the needs of the City. LEASE SITE SPECIFICATIONS A. Site must be within the corporate limits of the City of Friendswood. B. Site should located in an easily accessible area. C. Site must be available for lease for a minimum of two (2) years. The initial term shall be for a period of eighteen (18) months and subject to automatic month to month renewal at the end of the initial term unless the City of Friendswood provides written notice of intent to terminate the agreement at least thirty days prior to the end of the term of the lease. D. Site must be available for lease and occupancy by April 1, E. Site must meet any and all existing codes for occupancy. F. Site must meet ADA requirements. G. Site must be suitable for public use as a Public Works facility and Parks maintenance facility. This includes office space and shops locations. H. Site must have adequate lighting. I. Site must have adequate air conditioning and heat. J. Site must have electrical, telephone, and telecommunications capacity suitable for a working City office. K. Facility must be a minimum of 15,000 which includes office space and shop space. L. Parking should accommodate a minimum of 50 vehicles which will include passenger and bigger trucks. M. Proposal shall list all property owners and the Management Company (if any). N. Proposal shall include plat and plans. O. Proposals need to specify if the following utilities/services are included in the lease cost. These utilities/services include: 1) electric, 2) gas, 3) water, 4) sewer, and 5) trash. If they are not included, proposers are asked to include information on the expected cost for each utility/service. P. CONSULTANT shall comply with the Code of Federal Regulations, C.F.R. Section and 2 C.F.R., Part 200, Appendix II and all regulations shown in Attachment A incorporated herein for all purposes. PROPOSAL FORMAT: Only hard copy proposals submitted in the format below will be accepted. Oral proposals or proposals received by telephone, , or fax machine will NOT be accepted. The proposal must be submitted in hard copy. The proposer shall submit one (1) original, (3) copies of the proposed submission, and one (1) digital copy on CD, DVD, or flash drive of proposals. Proposal respondents must provide a response to each specification mentioned under Scope of Work listed in the previous section. Any specification within these pages should be addressed and responded to by respondent thoroughly and completely to provide enough information for evaluators.

7 SPECIAL CONDITIONS A. SITE VISIT: The City of Friendswood reserves the right to schedule site visits to any or all proposed sites. B. MAPPING & PHOTOGRAPHS: All proposals shall indicate on a map the location of the proposed site, and also include color photographs of the exterior, interior, and parking area described in the RFP. C. RFP PREPARATION COST: The Proposer shall be responsible for all costs associated with the development and submittal of the RFP. D. All proposals shall be valid for the period required by the City of Friendswood to perform the evaluation and recommend an award, but not to exceed a term or more than forty-five (45) days from the date the RFP s are accepted. E. The apparent low proposed price shall not be the sole award criteria. The City of Friendswood shall make the award to the proposer whose evaluated RFP is in the best interest of citizens it is trying to service pursuant to Texas Local Government Code Section (h). The City reserves the right to reject all proposals. EVALUATION CRITERIA: The following criteria will be used by City staff to evaluate the proposals and make a selection: 25% Lease price 25% Site suitability 15 % Site location 15 % Site size 10% Site visibility & access 10% Site parking Any additional information requested shall be considered as part of the proposal and evaluated as such. The City reserves the right to negotiate a best and final offer with the selected vendor whose proposal is determined to be the most advantageous to the City, considering the relative importance of price and the other evaluation factors included in the Request for Proposals. TERM OF CONTRACT, OPTION TO EXTEND AND LEASE PURCHASE OPTION: Any contract resulting from this bid shall be effective for an eighteen (18) month period, with the provision that the contract may be renewed on a monthly basis, after the initial eighteen (18) month period. A triple net lease will not be considered. The following clauses shall be included in the contract: A. Option Clause: It is agreed that City will have the option to extend the contract for up to two (2) additional years, in one-year intervals. To exercise this option, the City shall serve notice at least 30 days prior to contract termination or to the end of any one-month extension. The Option to Extend will not be considered if funding is unavailable or if the contractor s past performance is not within the industry standard. Proposer will provide the City and exclusive right to purchase the property through a Lease Purchase Option Agreement.

8 B. The City reserves the right to negotiate the purchase of the property within the executed lease. This lease/purchase action must be initiated by the City with a notice in writing 10 days prior to negotiations. Terms and conditions of the purchase must be agreed upon by both parties. The starting terms for a lease/purchase are to include but not inclusive of $7, per month of the lease price to go against the agreed upon purchase price of the property. These terms shall extend until the purchase is executed. C. The City reserves the right of first refusal if the owner decides to sell or place on the market the contracted property. The City has 45 days to exercise the right to negotiate without competition for the property with the owner. PROOF OF PROPERTY TAX PAYMENT AND INSURANCE COVERAGES: OFFEROR SHALL INCLUDE CERTIFICATE OF INSURANCE OR POLICY WITH THE PROPOSAL, OR PRIOR TO AWARD OF THE PROPOSAL THE COMPANIES AFFORDING COVERAGE AND THE PRODUCER OF THE CERTIFICATE OF INSURANCE SHALL BE LICENSED WITH THE STATE BOARD OF INSURANCE TO DO BUSINESS IN THE STATE OF TEXAS. a) Comprehensive General Liability Insurance including products/completed operation with limits of liability of not less than: Bodily Injury $1,000,000 per each person, $1,000,000 per each occurrence/aggregate; Property Damage $1,000,000 per each occurrence; (b) (c) (d) Casualty Insurance against fire. Flood Insurance. Windstorm Insurance.

9 EXECUTION OF OFFER The undersigned, in submitting this proposal and their OFFER of same, represents that they are authorized to obligate their firm, that they have read this entire bid proposal package, is aware of the covenants contained herein and will abide by and adhere to the expressed requirements. Submittals will be considered as being responsive only if entire Bid Package plus any/all attachments is returned with all blanks filled in. SUBMITTED BY: (OFFICIAL Firm Name) By: (Original Signature) Must be signed to be considered responsive (Typed or Printed Name) (Title) (Date) Remittance Address: (City, State and Zip Code) Phone #: ( ) Fax #: ( _) _ Address: If an addendum is issued for this bid, please acknowledge receipt. ADDENDUMS/AMENDMENTS: 1) date acknowledged 2) date acknowledged 3) date acknowledged

10 1. Proposer Full Name of Business: Principal Business Address: Statement of Organization Principal Phone Number: Local Business Address: Local Business Contact: Local Business Phone: Local Business Fax: Local Business Type of Organization: Tax ID #: License #: Provide names of authorized representative(s) of the Respondent who has/have legal authority to bind the Respondent into contractual obligations: (a) (b) (c) 2. Subcontractor(s) List of all firms participating in this proposal Name Address Area of Responsibility (a) (b) (c) (d)

11 BIDDER S CERTIFICATION The 1985 Texas Legislature passed HB620 relating to bids by nonresident contractors. The pertinent portion of the Act has been extracted and is as follows: Section 1. (a) (2) Nonresident bidder means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. (3) Texas resident bidder means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. (b) The state or a governmental agency of the state may not award a contract for general construction, improvements, services, or public works projects or purchases of supplies, materials, or equipment to a nonresident bidder unless the nonresident s bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident s principal place of business is located. I certify that is a resident bidder of Texas as defined in HB 620. (Company Name) Signature Print Name I certify that is a Nonresident bidder as defined in HB 620 (Company Name) and our principal place of business is. (City and State) Signature Print Name

12 EXCEPTIONS TO SPECIFICATIONS If any item, material or equipment submitted as a part of this bid does not fully meet or exceed the minimum specifications as published, the exception(s) MUST be listed on this sheet and attached to the bid. Section Item/Material/Equipment Bid Reason If no exceptions are listed, it will be assumed that the bid meets or exceeds the minimum specifications and any purchase contract as a result of this bid will be contingent on that condition. Company Agent

13 CONTRACTOR S CAPACITY TO PERFORM Based on the provider s response to this solicitation, please identify dedicated resources available for contract fulfillment (use extra pages as necessary): 1. Availability to perform: (Include any additional personnel or equipment/assets contractor will acquire to complete contract performance) 2. Equipment and operational items: (Identify by quantity and type any equipment/assets allocated to contract performance) 3. Personnel: (Identify by quantity and category any personnel assigned to contract performance) 4. Other Resources: (Identify any other resources to be allocated to complete contract performance)

14 CERTIFICATE OF INTERESTED PARTIES (Form 1295) In 2015, the Texas Legislature adopted House Bill The Texas Government Code , and the rules issued by the Texas Ethics Commission found in Title 1, Sections 46.1, 46.3 and 46.5 of the Texas Administrative Code, require a business entity to submit a completed Form 1295 to the City before the City may enter into a contract with that business entity. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, Form 1295 must be completed online. In Box 3 of the form, provide the solicitation number shown on the cover page of this solicitation (e.g. IFB , RFO or RFCSP ). The form is available from the Texas Ethics Commission by accessing the following web address: Print the completed Form 1295 showing the Certification Number and Date Filed in the Certification of Filing box at the upper right corner. Sign Form 1295 in front of a notary and submit it with a response to any City solicitation or contract. The following definitions found in the statute and Texas Ethics Commission rules may be helpful in completing Form Business entity includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency. Controlling interest means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. Interested party means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser, or attorney for the business entity. Intermediary, for purposes of this rule, means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who: (1) receives compensation from the business entity for the person s participation; (2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and (3) is not an employee of the business entity.

15 ATTACHMENT A PROCUREMENT FEDERAL REQUIREMENTS There are no bonding requirements for this RFP. The following are required Federal Clauses that shall be returned with the proposal and are part of the contract documents herein. CONTENTS 1. No Government Obligation to Third Parties 2. Program Fraud and False or Fraudulent Statements and Related Acts 3. Access to Records and Reports 4. Equal Employment Opportunity 5. Government-wide Debarment and Suspension (Nonprocurement) 6. Contract Work Hours and Safety Standards Act 7. Lobbying 8. Clean Air 9. Clean Water 10. Procurement of Recycled Materials 11. Department of Homeland Security Logo, Seal, and Flags 12. Compliance with Federal Law, Regulations, and Executive Orders 13. Contracting with Small and Minority Businesses, Women s Business Enterprises, and Labor Surplus Area Firms 14. Energy Efficiency and Conservation

16 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) 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C et seq. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C 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) THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE BID PACKAGE.

17 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) THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE BID PACKAGE.

18 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 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 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 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 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 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) THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE BID PACKAGE.

19 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 As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R ), or its affiliates (defined at 2 C.F.R ) are excluded (defined at 2 C.F.R ) or disqualified (defined at 2 C.F.R ). (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) THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE BID PACKAGE.

20 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) THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE BID PACKAGE.

21 7. LOBBYING Byrd Anti-Lobbying Amendment, 31 U.S.C (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 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 sub awards at all tiers (including subcontracts, sub grants and contracts under grants, loans, and cooperative agreements) and that all sub recipients 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.

22 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 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 THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE BID PACKAGE.

23 8. CLEAN AIR 42 U.S.C 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 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 WATER REQUIREMENTS 33 U.S.C 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 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) THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE BID PACKAGE.

24 10. PROCUREMENT OF RECOVERED MATERIALS 42 U.S.C (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, (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) THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE BID PACKAGE.

25 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) 13. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (2CFR ) Should the CONTRACTOR subcontract any work under this Contract, CONTRACTOR shall take the following steps: place qualified small and minority businesses and women s business enterprises on solicitation lists; assure that small and minority businesses, and women s business enterprises are solicited whenever they are potential sources; divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women s business enterprises; establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women s business enterprises; and use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Their websites and contact information can be found at 222.SBA.gov and (printed name of signatory) (signature and date) THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE BID PACKAGE.

26 14. ENERGY EFFICIENCY AND CONSERVATION CONTRACTOR shall comply with the mandatory standards and policies in compliance with the Energy Policy and Conservation Act (42 U. S. C. 6201). (printed name of signatory) (signature and date) THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS IT IS A PART OF THE BID PACKAGE.