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R2017-197 2017-09-25 RESOLUTION NO. R2017-197 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into a contract with IMS Infrastructure Management Services, Inc., in the amount of$71,817.00 for emergency related data collection services associated with asphalt roadways in the City. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and IMS Infrastructure Management Services, a copy of which is attached hereto as Exhibit"A"and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with IMS Infrastructure Services, for emergency related data collection services associated with asphalt roadways in the City. PASSED, APPROVED and ADOPTED this the 25th day of September, A.D., 2017. TOM REID MAYOR ATTEST: 0,1 I I'►,,,�� .41f%/tom io .r.Z. .' ' : s • NG 4 1 G, T, 'C --•01 •1 Y Sr -ETARY `•..........: APPROVED AS TO FORM: p f DARRIN M. COKER CITY ATTORNEY Resolution No. R2017-197 Exhibit "A" CONTRACT FOR PROFESSIONAL SERVICES CSh THIS CONTRACT is entered into on September 25, 2017, by and between the City of Pearland ("CITY")and IMS Infrastructure Management Services, LLC ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for the project known and described as Asphaltic Concrete Pavement Data Collection Services ("PROJECT"). SECTION I -SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall provide Pavement Data Collection service for all asphaltic concrete streets (approximately 100 centerline miles). This work will service to update the 2014 pavement condition survey and distress data, and provide a baseline for asphalt streets inundated by Hurricane Harvey. The CONSULTANT has prepared and submitted a scope of work and a not to exceed cost for the PROJECT, as shown in Attachment A. CONSULTANT shall comply with Code of Federal Regulations, C.F.R. §200.236 and 2 C.F.R. Part 200, Appendix II, as shown in Attachment B, as applicable. B. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. C. The CONSULTANT recognizes that all documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, and shall subsequently become subject to the Open Records Laws of this State. D. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. Professional Services 1 of 5 PS.Revised 5'14 Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30)days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. E. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution. CONSULTANT shall proceed with performance of professional services defined as Asphaltic Concrete Pavement Data Collection Services, and proposes to complete the scope of work within 6 months. SECTION III - CONSULTANT'S COMPENSATION A. Total compensation for the services performed shall not exceed $71,817.00 for the subject project. See Attachment A, Proposal for cost breakdown. B. The CITY shall pay the CONSULTANT based upon required deliverables and supported by detailed invoices submitted by the CONSULTANT. • Professional Services 2 of 5 PS.Revised Mai/14 C. The CITY shall make any required payment to the CONSULTANT within thirty (30) days of receipt and approval of a detailed invoice. Invoices shall be submitted on the basis of completion or identified milestones. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANI' and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANTS work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANTS work shall not relieve CONSULTANTS responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at IMS Infrastructure Management Services, LLC, 1820 W. Drake Dr., Suite 104, Tempe, AZ 85283. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15t day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. Professional Services 3 of 5 PS.Revised May/I4 E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. Professional Services 4 of 5 PS.Revised May:14 SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this 18th day of September, 2017. 44 1/; CIT TF P A' • P, TEXAS CON ULT T—IMS Infrastructure Management Services, LLC Professional Services 5 of 5 PS.Revised Maui 14 ATTACHMENT A Quotation For IMS P ro f e s s i o n a I Services IMS Infrastructure Management Services 1820 W.Drake Dr,Ste 104,Tempe AZ 85283 Phone.(480)839-4347 Fax (480)839-4348 W wr ems-rst corn To: Norbert Gonzalez, Streets and Drainage Date: May 181h, 2017 Superintendent From: Zac Thomason, MBA. Client Services Project: City of Pearland Manager Subject: City of Pearland 2017 Update Project No.: Thank you for taking the time to review the pavement data collection services offered by IMS Infrastructure Management Services. IMS excels in pavement and asset management solutions and can provide a full suite of data collection and software implementation services. In 2014 IMS was selected to conduct a pavement • condition survey and develop a comprehensive rehabilitation plan for the City of Pearland. The 71 ft City maintains approximately 507 centerline miles = mom- - of roadway and the distress data should be •.n" mum - updated every 3-5 years. The City is interested in ? . inns conducting an update on the asphalt roadways f.( only (100 centerline miles) and the Laser Road �`" ' Surface Tester(RST) conducts two passes on the major roadways, while single pass testing the residential roadways This will result in testing approximately 144 survey miles of roadway for this 2017 assignment. The data will be collected following the ASTM D6433 data collection protocols and longitudinal profile will be reported as the International Roughness Index (IRI). The IMS scope of services includes the acquisition of surface condition data, HD digital imagery, web hosted data viewer update, pavement analysis modeling, and development of a comprehensive 5-year rehabilitation plan that maximizes City resources through the use of cost benefit practices. Our approach, and key service differentiator, is based on three, time proven fundamentals: Answer the questions that are being asked — don't over-engineer the system or make it needlessly complicated Databases and the application of technology are meant to simplify asset management, not make it more difficult. Service and quality are paramount to success — the right blend of technically correct data, condition rating. and reporting will provide the agency with a long-term, stable solution. Service to the Client remains our top priority. Local control and communications are key — it is important that all stakeholders understand the impacts of their decisions and have the system outputs react accordingly. We excel in making ourselves readily available. 1:11S lnfrastruciure Management Services Pearland Quote 2017 RE 1'4 ACP Update Onh'.doc r■,lge City of Pearland, TX Pavement Management Update Performing Objective ASTM D6433 Data Collection The IMS fleet of pavement performance equipment includes four Laser Road Surface Testers, two Dynaflect Devices and two Sidewalk Surface Testers. For this survey, we - propose to use our Laser Road Surface Tester 1111111111(RST) enhanced with digital imagery and GPS capabilities and our Dynaflect device. • * IMSI Ws The RST, with its Laser Camera Array (LCA) is i A capable of collecting a full array of pavement • condition data complete with high accuracy GPS coordinates and multiple view digital imagery for both rigid and flexible pavements (in real time), as it traverses the roadway. An integrated Digital Direct Condition Rating System (DDCRS) supplements the RST data for additional ASTM D6433 distress data elements, quality assurance and inventory information. Specialized data processing. using GIS as its backbone, allows the pavement data to be quickly checked for completeness and quality. The main components of the enhanced RST are: • A transducer bar with an array of 11 laser cameras, rate gyroscopes, inclinometers and accelerometers to measure pavement roughness., rutting, cracking, and geometries • DDCRS that may be customized to collect a variety of roadway attributes and extent-severity based pavement distresses. • Ability to collect dual wheel path roughness to International Roughness Index (IRI) standards • Up to 7 digital video cameras for forward, pavement, side and rear right-of-way images for QA/QC, virtual drive deliverables, and right-of-way asset extraction. • High accuracy Global Positioning System (GPS) receiver with inertial navigation. • Dual distance measuring instruments to measure linear distances to within +/-0.5%. Laser Camera Array (LCA) The LCA is an ASTM device capable of collecting automated pavement condition data. The LCA is comprised of gyroscopes, ■ ■ accelerometers and 11 high speed lasers configured to capture roughness data to International Roughness Index (IRI) standards - -_ 7_ and wheel path rutting measurements. Our 11-sensor configuration I ma- =-d�- provides greater precision and repeatability of profile data over :. traditional five sensor configurations because it reduces the impact of vehicle wander in the driving lane. The LCA automatically collects transverse cracking, block cracking, alligator cracking, distortions and texture. The laser camera technology automatically detects cracks and minute variances in the pavement surface. Thus, the LCA greatly diminishes the subjective nature of pavement condition data collection performed by'windshield" and image based field surveys. 1,NS Infrastructure Management Services Pearland Quote 2017 RE;14.4('p Update Only.dne page City of Pearland, TX Pavement Management Update PCI Development, Analysis Configuration & 5-Year CIP Plan Immediately following the completion of the field survey's IMS will begin processing the pavement distress severity and extent scores in an effort to develop a Pavement Condition Index (PCI) for each roadway segment. The condition results are analyzed by a team of IMS engineers, who then develop the City of Pearland 5-year pavement management plan. This section provides a brief summary of the functionality of the IMS pavement analysis in order to emphasize our implementation expertise as well as the abilities and constraints within a pavement analysis. The purpose of pavement management is to produce cost effective maintenance programs that maximize available resources and roadway life. By incorporating key components of a cost benefit analysis into the analysis operating parameters, we can develop a game plan that is optimized to meet the needs of the City of Pearland. In addition, the analysis operating parameters described within this section will be delivered in an easy to use Excel Spreadsheet including the segment PCI data, pavement deterioration curves. triggers (priority weight factors), and the prioritized 5-year plan. Everything is linked to GIS in the form of simple shape files or even a personal geodatabase. Field Inspection Data and Pavement Condition Index (PCI) The IMS analysis allows you to store information regarding your pavements, including surface types, number of lanes, patching estimates, cross slopes, and sidewalk & curb types with replacement estimates. Pavement condition data including surface distress, roughness, and deflection results can be stored and analyzed. Using an in-house Pavement Manager Setup module, we can develop customized condition elements, distress types (load & non-load), Indices (SDI, RI, & SI), weightings, and overall PCI calculations. In addition to the yearly programs, the net impact each budget scenario has on the expected condition of the road network over time can be determined. This budget impact can be illustrated both in terms of the yearly increase or decrease in the average network PCI score, PCI distribution, or % Backlog of roads that were not selected by the budgets. IMS converts the difficult to understand FHWA and ASTM D6433 data to a 0-10 distress rating scale with distress weighted factors (DWF), where DWF = {Area under D6433 deduct curves/3000}. Modeling and Performance Curves With an IMS analysis, you can forecast various budget scenarios to help you determine your ideal . f l......... .__ } maintenance and rehabilitation schedule. The IMS g • :-. �y•�_... - _- approach will help you decide what rehab activities = - �,.' should be performed, when and where to perform • . - them, and an ideal budget for your system to a I I • maintain it at a specific level of service. ■ IMS engineers use pavement deterioration models that can be customized to reflect the climatic ft conditions and structural characteristics of the City of 7.m. Pearland's road network. As a result, performance curves can be developed on factors such as functional class, pavement type and sub-grade strength. IMS Infrastructure Management Services Pearland Quote 2017 REV !.1 CP Update Onlh•.dor• City of Pearland, TX Pavement Management Update Set Points and Operating Parameters One of the most important aspects of the IMS approach is determining the 'set points' or thresholds of the performance curves and other factors In general, these set points determine what type of treatment will be selected given the current or predicted condition of a road segment over time. For example, the scatter plot displayed below illustrates a potential rehab selection process that may be incorporated for Pearland. Each dot represents the outcome of a pavement condition assessment on each segment in the road network. The X-axis is the pavement condition score while the Y-axis is a Structural Index (will be developed with deflection data). The boundaries created by the intersection of the vertical green lines and horizontal dashed black lines represent the potential rehabilitation strategy for those given conditions Each maintenance and rehabilitation strategy is programmed to take place in the most optimal year for each roadway segment_ The color bands are also an effective way of illustrating the activity priorities through an analysis that takes into account critical PCI drops, also known as "cost of deferment." The IMS analysis specifically targets "critical segments", which is defined as segments that will drop into a more expensive treatment category if they are not selected now. By presenting the rehab strategies in a visual format such as this, the user, City staff, management and Councils can easily understand, follow and potentially modify the results with confidence. I I Pavement Condition Index(PCI)Rehab Priority Chart , 1601 i I 0 . • t Part41 • Rococo 1 g ,, Moderate Pavements Weak Pavements • :; -,•�,� 1St Priority• 17 „u, __ _• QRI' ' 4.0 5 RM•M 2nd Priority I -�-rk4 Olq►7-0 --.....7-;--- Olay• 1 L �' 3rd Priority J .• N0)Nod {711 5uA -z,_ o,.,,,.s f•art 4tih/stn Priority 7A `� RR, -1 Priori E f 7 �7'�_�..v�!' k :' 111 I L � 6�' Priority 10 {«I uoo "C:), t10f Slum IStrong Pavements I • _ '�•. ►y 4•. 0•1 4V• 1 mini. ' - '.0''..'.....'.:?”'•. R12 RN7 . t70)5uf 4 • L �L�_ lrtmnt :.v� a I . . . .. . .∎- " L■ :t . 10 20 30 4u) 'JO 60 70 W) !'K: ;rp I Pavement Condition Index(Pd) 1.1LS Infrastructure Management Services Pearlorul Quote 2017 RE;:4 ACP Update On/1'.doc ',fig!!4 City of Pearland, TX Pavement Management Update Rehabilitation Analysis An unlimited number of pavement maintenance and City of Branson, MO rehabilitation strategies can be Five Year Post Rehab PCI Versus Annual Budget defined within our system An • W analysis is then run, V..,K.!31lttM incorporating the performance -- ips - ....b..,,.,, curves, set points, filter criteria * ,...,M and rehab alternatives to identify the overall need in terms of rehab strategies and costs for the City's road I I 1 network, for today as well as ...,'...7= ���r•.a.s1A year on year for the next 5 to ° `a" w"° Kr. 10 years. '�"°'•'•••^ The IMS approach allows you Annual E arro Year for Frye Years 01.000/Yr) to input any number of "what if' budget scenarios and produce prioritized yearly rehab programs based on those funding levels over a 10-year analysis period. Typical budget scenarios include Budget $/Year, Unlimited Budget 5, "Do Nothing" Budget, and a Target PCI Budget. What is included in an 1MS analysis & report? • Street ownership and inventory/attribute report • Present condition ranking—detailed and summary condition data including: Good/Fair/Poor, Load Associated Distresses (LAD), Non-LAD, and SuperSegment reviews of each street in the network, as well as the network as a whole. • Fix all budget analysis — this identifies the upper limit of spending by rehabilitating all streets assuming unlimited funding. • Do nothing analysis—this identifies the effects of not performing roadway rehabilitation projects. • Steady state rehabilitation life cycle analysis—this identifies the minimum amount of rehabilitation that must be completed in order to maintain the existing level of service over 3, 5, or 10 years. • PCI &funding levels—what funding will be necessary to maintain a PCI of 80, 85, & 95. Plus or minus 50% and other additional runs — additional budget runs are completed at rates of +50% and -50% of the suggested steady state analysis. Up to 10 budget scenarios will be run. • Integration of capital projects and Master Plans — ongoing and proposed projects that affect roadway rehabilitation planning will be incorporated into the analysis. • Draft 5-year rehabilitation and prioritized paving plans — based on need, available budget and level of service constraints; a minimum of three budget runs will be completed. • Final prioritized paving plan — incorporating feedback from stakeholder departments and utilities, complete with budget and level of service constraints. 1,41S Infrastructure Management Services Pearland Quote 2017 RF.r_4 ACP Update On!►'.doc Nge City of Pearland, TX Pavement Management Update Interactive Excel Spreadsheet Update While the results of the survey will certainly be documented and bound in a final report that illustrates the findings of the survey. it is imperative that City staff have access to the pavement condition and analysis results without having to become software experts. While IMS is a leading expert with most 3rd party pavement management applications, we have also designed a simple and easy to use Excel Spreadsheet that utilizes the core metrics of any pavement management system such as the ability to prioritize and optimize the 5-year plan. The IMS Excel Spreadsheet will be programmed to develop a 5-year maintenance and rehabilitation plan using -cost of deferral" as a priority weighting factor in an effort to introduce cost-benefit techniques into the City's pavement management plan. In addition, the Excel Spreadsheet will have referenced deterioration curves for each functional classification. pavement type, and even pavement strength rating. The power of having the data in such an open architecture fashion allows the City to easily integrate this data into a 3rd party pavement management system at some point in the future (if desired). The spreadsheet will also contain a full suite of maintenance and rehabilitation techniques, unit rates, and associated PCI resets. The parameters of the analysis (Priority Weighting Factors) can also be modified and reprioritized on the fly. This will allow the City's data to evolve with the priorities of elected officials and department staff. As seen in the image below, the analysis data in spreadsheet is supplemented with a few cells highlighted in yellow. The yellow highlighted cells simply indicate that they are "HOT" and can be modified. While there are several highlighted cells in the IMS Excel Spreadsheet, the 2 shown below represent the Annual Budget and the Project ID. The Annual Budget cell can be modified with a new budget and the 5-year plan will automatically re-prioritize on the fly While IMS will have already aggregated the City's segments (block-to-block) into viable projects (multiple blocks strung together to form a logical project), the user has the ability to aggregate additional blocks into a project or even remove a segment from a project without having to become a software expert. • IAA.loam 44415C4A•144.15141.14•11444.4 � t II ''s Si+ I < i ...au...* ! 1 f 4 ills AV au 141' II41CC .1 1 U V Iwia h n ) AM a I14.n 31 n 3 ,>» A Iwffi II 1. n• A 1s4111 )1 n Cif d Pal Orttlyd WA 1 t1^ 2. UAW )) n n y1 rrsrdrr.., nyrw wKINIX o►P.r._w.yor Ya NUB v AJ u _ e F! 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Lai'5,116 n 133 MONO f a s11mw14m 133 ry Ara mi. as O Ca 1[)1 33.7.[1 Lao na 111 La 51•111m 1,111:6715 A 11414 )1•.111 1 1141.0135 1n s we )(a • Ill NV Is s 511 A111S7 alit J M Is MN 115 23.311 A farm MUNI ■ 11115 infrastructure;1/anagentent Services Pearland Quote 2017 RE r' 4 ACP Update Onli.doc page 6 City of Pearland, TX Pavement Management Update The spreadsheet also allows an agency to re-fresh the 5-year plan by entering the maintenance and rehabilitation work completed. As seen in the image capture below, the spreadsheet is supplemented with "PCI Override" functionality. When work is completed on a particular segment. the user simply inserts the override PCI value along with a date The spreadsheet then removes the segment from the 5- year plan. The user can also force "Must Do' projects into the prioritized plan and can program varying annual budgets for each funding year within the 5-year horizon. Pavement Condition Summary Today: 3/30/2015 PCI: 76 Current Network PCI: 74 N 0 X a co r O) U lIli t1 i lilil L L E O a i U 74 53 67 6/1/2014 MOD Good 0 0 66 55 63 57 6/1/2014 MOD Fair 27 18 55 70 63 68 6/1/2014 MOD Good 19 10 66 76 75 76 6/1/2014 MOD V Good 0 0 74 73 54 67 6/1/2014 MOD Good 0 0 66 72 50 65 6/1/2014 STRNG Good 0 0 64 71 51 65 6/1/2014 MOD Good 0 0 63 99 90 96 6/1/2014 MOD Excellent 0 0 96 61 49 57 6/1/2014 WEAK Fair 0 0 56 93 78 88 6/1/2014 MOD Excellent 0 0 87 14 30 20 6/1/2014 WEAK V Poor 77 8 18 93 80 89 6/1/2014 MOD Excellent 0 0 88 87 71 82 6/1/2014 MOD V Good 0 0 81 While the spreadsheet is not meant to replace pavement management systems. it is an alternative for agencies that do not have the resources or staff to maintain a dedicated application. If a dedicated system is desired. IMS can assess the City's needs and compare them against the available pavement management applications. The idea is to select an application that fits within the City's budget and meets the needs of City staff and elected officials. While IMS has established ourselves as the leading pavement management firm since 1985, we are also third party software consultants who frequently implement applications such as Lucity, PAVER, StreetSaver, Deighton, Cartegraph, and many others. We go beyond software installation and training to ensure the operating parameters of the system are setup and configured to produce reliable pavement analysis routines and reports. The IMS team can ensure the selection of software that will meet current and future needs of Pearland staff. IMS Infrastructure Management Services Pear/and Quote 2017 REV 4 ACP Update On!r.dac City of Pearland, TX Pavement Management Update 2017 Project Budget-ACP Roadways Only The detailed budget presented below is based on the IMS work plan and deliverables. It represents a realistic budget to complete the work, and we are confident we can maintain an on-time. on-budget approach to the assignment. City of Pearland-2017 ACP Pavement Management Program Suggested Base Scope of Services Task Activity Quart Units Unit Rate Total Project Initiation 1 Project Initiation&Set Up 1 LS $3.500.00 $3,500.00 2 Network Referencing&GIS Linkage 144 T-M $20.00 S2.880 00 Field Surveys 3 RST Mobilization&Calibration 1 LS 53.000-00 $3,000 00 4 RST Field Data Colection 144 T-Mi 5115 00 516.560.00 Data Management 5 Data QA/QC.Processing Format,&Supply(Ex[h Shapelle,KVZi 144 T-fA $25.00 53.600.00 6 Process Forward View Imagery at 25-foot Intervals- 144 T-M $14.00 52,016.00 7 Condition Data Load 1 LS $5,000 00 55.000 00 8 Analysis&Budget Devmklpment Results 1 LS $7,500 00 $7,500.00 9 Final Report 1 LS $10,500 00 510,500.00 10 Web Hosted Data Vle»er- IMSVue LS $8,750.00 58,750.00 11 City Council Presentation&Meeting 1 LS 53.500.00 53.500 00 12 Project Management 1 LS 55,011 03 55,011.00 Project Total: $71,817.00 Thank you for considering IMS as a viable solution to your pavement management needs and we will strive to remain an asset and extension of the City of Pearland staff and team. If any questions arise please do not hesitate to call. Our entire staff is here to provide support and we look forward to hearing from you. Sincerely, r--_ - - IMS Infrastructure Management Services Zac Thomason, MBA National Client Services Manager 9 1 1:11S Infrastructure,1lunagernent Services Pearland Quote 2017 REI_4 ACP Update On6•doc page 8 ATTACHMENT B Current as of 1-9-17 2 C.F.R. $ 200.326 and 2 C.F.R. Part 200. Appendix II, Required Contract Clauses Requirements under the Uniform Rules. A non-Federal entity's contracts must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contracts Under Federal Awards), which are set forth below. 2 C.F.R. § 200.326. For some of the required clauses we have included sample language or a reference a non-Federal entity can go to in order to find sample language. Please be aware that this is sample language only and that the non-Federal entity alone is responsible ensuring that all language included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200,Appendix 1I. We do not include sample language for certain required clauses (remedies, termination for cause and convenience, changes)as these must necessarily be written based on the non-Federal entity's own procedures in that area. 1. Remedies. a. Standard: Contracts for more than the simplified acquisition threshold ($150,000) must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II,¶ A. b. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. 2. Termination for Cause and Convenience. a. All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II,¶B. b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. 3. Equal Employment Opportunity. a. Standard. Except as otherwise provided under 41 C.F.R. Part 60,all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246,Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339),as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶ C. b. Kev Definitions. 1 Current as of 1-9-17 (1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract"as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. (2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work"as the construction, rehabilitation,alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. d. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause: "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, 2 Current as of 1-9-17 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.- 4. Davis Bacon Act and Copeland Anti-Kickback Act. a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. jj does not apply to other FEMA grant and cooperative agreement programs, jncluding the Public Assistance Program. b. All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 3 1 Current as of 1-9-17 U.S.C. §§ 3141-3144 and 3146-3148)as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II,1 D. c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. d. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f. The regulation at 29 C.F.R. § 5.5(a)does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Ac( does not gpnly.neither does the Copeland "Anti-Kickback Acts"However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause: "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. 4 Current as of 1-9-17 (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." 5. Contract Work Hours and Safety Standards Act. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Where applicable(see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704,as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix 11,r E. c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. e. The regulation at 29 C.F.R. § 5.5(b)provides the required contract clause concerning compliance with the 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 5 Current as of 1-9-17 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 (write in the name of the Federal agency or the loan or grant recipient)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." 6. Rights to Inventions Made Under a Contract or Agreement. a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households—Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of"funding agreement." b. If the FEMA award meets the definition of"funding agreement"under 37 C.F.R. § 401.2(a)and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements), and any implementing regulations issued by 6 Current as of 1-9-17 FEMA. See 2 C.F.R. Part 200, Appendix II, ¶F. c. The regulation at 37 C.F.R. § 401.2(a) currently defines"funding agreement"as any contract, grant, or cooperative agreement entered into between any Federal agency,other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties,or subcontract of any type entered into for the performance of experimental,developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of$150,000 must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. §§ 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II,¶ G. a. The following provides a sample contract clause concerning compliance for contracts of amounts in excess of$150,000: "Clean Air 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. 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 7 Current as of 1-9-17 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." 8. Debarment and Suspension. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986)and Executive Order 12689, Debarment and Suspension(1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000(Nonprocuremcnt Debarment and Suspension). c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix 1I,¶H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200(Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team (PRAT)Field Manual Chapter IV, ¶6.d, and Appendix C,¶2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV,¶6.d and Appendix C,112. d. In general, an"excluded" party cannot receive a Federal grant award or a contract within the meaning of a"covered transaction,"to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a"covered transaction,"which is any nonprocurement transaction(unless excepted)at either a"primary"or"secondary" tier. Although"covered transactions"do not include contracts awarded by the Federal Government for purposes of the nonprocurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. e. Specifically, a covered transaction includes the following contracts for goods or services: 8 Current as of 1-9-17 (1)The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. (2) The contract requires the approval of FEMA, regardless of amount. (3)The contract is for federally-required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of$25,000. d. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified: "Suspension and Debarment (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." 9. Byrd Anti-Lobbying Amendment. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Contractors that apply or bid for an award of$100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II,¶ I;44 C.F.R. Part 18; PDAT Supplement, Chapter IV,6.c; Appendix C,¶4. c. 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 9 Current as of 1-9-17 attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. See PDAT Supplement, Chapter IV,¶6.c and Appendix C,¶4. d. The following provides a Byrd Anti-Lobbying contract clause: "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 10 Current as of 1-9-17 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. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 el seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date" 10. Procurement of Recovered Materials. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965)(codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II,¶J; 2 C.F.R. § 200.322; PDAT Supplement, Chapter V, 117. c. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of 11 Current as of 1-9-17 competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. d. The following provides the clause that a state agency or agency of a political subdivision of a state and its contractors can include in contracts meeting the above contract thresholds: "(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." 11. Additional FEMA Requirements. a. The Uniform Rules authorize FEMA to require additional provisions for non- Federal entity contracts. FEMA,pursuant to this authority, requires or recommends the following: b. Changes. To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement,the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured. c. Access to Records. All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and 12 Current as of 1-9-17 agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0,¶XXVI (2013). d. The following provides a contract clause regarding access to records: "Access to Records. 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." 12. DHS Seal, Logo, and Flags. a. All non-Federal entities must place in their contracts a provision that a 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. See DNS Standard Terms and Conditions, v 3.0,¶XXV (2013). b. The following provides a contract clause regarding DHS 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." 13. Compliance with Federal Law, Regulations, and Executive Orders. a. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable federal law, regulations, executive orders, and FEMA policies,procedures, and directives. b. The following provides a contract clause regarding 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 13 Current as of 1-9-17 will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures,and directives." 14. No Obligation by Federal Government. a. The non-Federal entity must include a provision in its contract that states that the Federal Government is not a party to the 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. b. The following provides a contract clause regarding no obligation by the 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." 15. Program Fraud and False or Fraudulent Statements or Related Acts. a. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. b. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts: "The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)applies to the contractor's actions pertaining to this contract." 14