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R2017-182 2017-09-05 RESOLUTION NO. R2017-182 A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for Emergency Debris Monitoring Services. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City obtained unit supply bids for Emergency Debris Monitoring Services, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Tetra Tech, in the unit supply amounts reflected in Exhibit "A" attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of Emergency Debris Monitoring Services. PASSED, APPROVED and ADOPTED this the 5th day of September, A.D., 2017. TOM R ID MAYOR ATTEST: ````,11111111 '' 6 G1 ' oUNe ORFI , MC /\ ITY .. CRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY MASTER SERVICES AGREEMENT#0917-63 DEBRIS MONITORING SERVICES THIS AGREEMENT is made this the Jy6day of September, 2017, by and between the CITY OF PEARLAND, TEXAS, located at 3519 Liberty Drive, Pearland, TX 77581 (hereinafter referred to as ("Client") and TETRA TECH, INC. (hereinafter referred to as ("Contractor"), located at 2301 Lucien Way, Suite 120, Maitland, FL 32751. WHEREAS, Client issued a request for proposal, RFP No. 0917-63,for Debris Monitoring Services on September 2, 2017; and, WHEREAS, Client evaluated the proposals received and found Contractor qualified to perform the necessary consulting services; and WHEREAS, Contractor has reviewed the consulting services required pursuant to the Agreement and is qualified, willing and able to provide and perform all such services in accordance with its terms. NOW, THEREFORE, Client and Contractor, in consideration of the mutual covenants contained herein, agree as follows: 1. Scope of Services: Contractor and Client agree Contractor will perform services associated with debris monitoring and management services as described in Exhibit A and Exhibit 8, which are attached hereto. Task Orders shall be issued for specific deliverables under this Agreement. Such deliverables to be provided by Contractor will be determined by Client and specified in writing on each Task Order prior to commencing work. 2. Term: The term of this Agreement shall begin on the date written above and shaft continue in full force for two (2)years with the option to extend for three (3) additional one (1) year periods. 3. Independent Contractor: Contractor is an independent contractor and is not an employee of Client. Services performed by Contractor under this Agreement are solely for the benefit of the Client. Nothing contained in this Agreement creates any duties on the part of Contractor toward any person not a party to this Agreement. 4. Required Conditions: in performance of the services under this Contract, Contractor must comply as applicable with regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria, standards and 2 C.F.H. Part 200. The Equal Opportunity provision is attached hereto as Exhibit C and 2 C.F.R.200.326 and 2 C.F.R. Part 200 Appendix II is attached hereto as Exhibit D. 5. Bond Requirements: Contractor shall provide Client a performance and payment bond within seven (7) business days of receipt of a signed Task Order. The performance and payment bond shall be in an amount at least equal to the estimated price of the work in the Task Order. 6. Standard of Care: Contractor will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or Contractors performing the same or similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. 7, Changes/Amendments: This Agreement and its exhibits constitute the entire agreement between the Parties and together with its exhibits supersede any prior written or oral agreements. This Agreement may not be amended, modified or changed except by written amendment executed by both Parties.The estimate of the level of effort, schedule and payment required to complete the Scope of Services, as Contractor understands it, is reflected herein. Services not expressly set forth in this Agreement or its exhibits are excluded. Contractor shall Page 1 of 6 MASTER SERVICES AGREEMENT#0917-63 DEBRIS MONITORING SERVICES promptly notify Client if changes to the Scope of Services affect the schedule, level of effort or payment to Contractor and the schedule and payment shall be equitably adjusted. 8. Uncontrollable Forces: Neither the Client nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, explosion, strike, transportation, or equipment delays, act of war, Act of God, lightning, epidemic, war, riot, civil disturbance, sabotage, acts of terrorism and governmental actions outside the control of the Client. The schedule or payment under the Agreement shall be equitably adjusted, if necessary, to compensate Contractor for any additional costs due to the delay. Neither party shall, however, be excused from performance if nonperformance is due to forces which are foreseeable, preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 9, Fee for Services:The fee for the services under this Agreement will be based on the actual hours of services furnished multiplied by Contractor's hourly rates as set forth in Exhibit 8. The hourly rates are inclusive of all applicable overhead, profit, and travel expenses. Overtime hours will be paid at the same rate as regular time hours. Special costs such as boat rental and marine expenses may be billed to Client at cost without mark-up. 10. Compensation: Payment terms are net thirty (30) days. Client will review invoices for acceptance within ten (10) calendar days of the date of the invoice to which Client shall immediately notify Contractor of any invoice discrepancies. Contractor and Client will work in good faith to resolve any such discrepancies within ten (10) days after notification. Should a discrepancy result in a partial rejection of any item(s) invoiced, Client shall proceed with partial payment within Net 30 days of the date of the invoice. Interest shall accrue at the rate of one percent (1%) over prevailing prime rate shall be charged on a monthly basis (or the maximum percentage allowed by law, whichever is less) on any amounts not paid within sixty (60) days of invoice submittal. in the event legal action is necessary to enforce the provisions of this Contract, Contractor shall be entitled to collect from the Client any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by Contractor in connection therewith and, in addition, the reasonable value of Contractor's time and expenses spent in connection with such action, computed at Contractor's prevailing fee schedule and expense policies. Under no circumstances shall payment of Contractor's invoices be contingent on reimbursement of Client by any third party authority or funding source. Any interest charges due from Client on past due invoices are in addition to amounts otherwise due under this Agreement. Page 2 of 6 MASTER SERVICES AGREEMENT#0917-63 DEBRIS MONITORING SERVICES All invoices shall be delivered to: Attn:Account Payable City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Payment shall be made to and delivered to; Tetra Tech, Inc. PO Box 911642 Denver, CO 80291-1642 11. Indemnity: Contractor shall save harmless the Client from all claims and liability due to activities of himself, his agents, or employees, performed under this contract and which to the extent result from an negligent act, error or omission of the Contractor or of any person employed by the Contractor. Contractor shall also save harmless the Client from all expenses, including attorney fees which might be incurred by the Client in litigation or otherwise resisting said claims or liabilities which might be imposed on the Client as result of such activities by the Contractor, his agents, or employees. 12. insurance: During the performance of the Services under this Agreement, Contractor shall maintain the following insurance policies: Worker's Compensation Statutory Employer's Liability U.S. $1,000,000 Commercial General Liability U.S. $1,000,000 per occurrence U.S. $1,000,000 aggregate Comprehensive General Automobile U.S. $1,000,000 combined single limit Professional Liability U.S. $1,000,000 per claim and in the aggregate 13. Work Product: Client shall have the unrestricted right to use the documents, analyses and other data prepared by Contractor under this Agreement ('Work Products'); provided, however Client shall not rely on or use the Work Products for any purpose other than the purposes under this Agreement and the Work Products shall not be changed without the prior written approval of Contractor. If Client releases the Work Products to a third party without Contractor's prior written consent, or changes or uses the Work Products other than as intended hereunder, (a) Client does so at its sole risk and discretion, and (b) Contractor shall not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products. 14. Limitation of Liability: No employee of Contractor shall have individual liability to Client. To the extent permitted by law, the total liability of Contractor, its officers, directors, shareholders, employees and Subcontractors for any and all claims arising out of this Agreement, including attorneys' fees, and whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third party claims, shall not exceed one million dollars(U.S.$1,000,000). 15. No Consequential Damages: In no event and under no circumstances shall Contractor be liable to Client for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non-operation due to late completion or otherwise or for any other economic, consequential, indirect or special damages. Page 3 of 6 MASTER SERVICES AGREEMENT#0917-63 DEBRIS IVIONITORING SERVICES 16. Information Provided by Others: Client shall provide to Contractor in a timely manner any information Contractor indicates is needed to perform the services hereunder. Contractor may reasonably rely on the accuracy of information provided by Client and its representatives. 17. Safety and Security: Contractor has established and maintains programs and procedures for the safety of its employees. Unless specially included as a service to be provided under this Agreement, Contractor specially disclaims any authority or responsibility for job site safety and safety of persons other than Contractor's or Subcontractor's employees. 18. Termination: Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. Client shall pay Contractor for all services rendered to the date of termination plus reasonable expenses for winding down the services. If either party defaults in its obligations hereunder, the non-defaulting party, after giving seven (7) days written notice of its intention to terminate or suspend performance under this Agreement, may, if cure of the default is not commenced and diligently continued, terminate this Agreement or suspend performance under this Agreement. 19. Dispute Resolution: Contractor and Client shall attempt to resolve conflicts or disputes under this Agreement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator. If mediation does not settle any dispute or action which arises under this Agreement either party may pursue litigation after notifying the other party of their intentions. 20. Successors and Assigns: This Agreement is binding upon and will inure to the benefit of Client and Contractor and their respective successors and assigns. Neither party may assign its rights or obligations hereunder without the prior written consent of the other party, 21. Notices: Any notice required or permitted by this Agreement to be given shall be deemed to have been duly given if in writing and delivered personally or five (5) days after mailing by first- class, registered, or certified mail, return receipt requested, postage prepaid and addressed as follows: Client: Contractor: Attn: Bob Pearce Attn: Betty Kamara Purchasing Officer Contracts Administrator City of Pearland Tetra Tech, Inc. 3519 Liberty Drive 2301 Lucien Way, Suite 120 Pearland,TX 77581 Maitland, FL 32751 Phone: 281.652.1668 Phone: 407.803.2551 bpearce @pearlandtx.gov betty.kamara@tetratech.com 22. Severability: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. Page 4 of 6 MASTER SERVICES AGREEMENT#0917-63 DEBRIS MONITORING SERVICES 23. Governing Law: This Agreement shall be governed by and interpreted according to the laws of the State of Texas. 24. Access and Audits: Contractor shall maintain adequate financial and program records to justify all charges, expenses, and costs incurred in estimating and performing the work under this Agreement for at least three (3) years following final payment to the Client as Federal Emergency Management Agency sub-grantee as required by FEMA's 322 Public Assistance Guide, page 114 and 95.25.9 and 44 CFR §13.36 Procurement, Disaster Assistance Policy 9525.9, Section 324 Management Costs and Direct Administrative Costs, as amended, or any similar regulation, policy, or document adopted by FEMA subsequent to the execution of this Agreement. The Client shall have access to all records, documents and information collected and/or maintained by others in the course of the administration of the Agreement, This information shall be made accessible at the Contractor's place of business to the Client, including the Comptroller's Office and/or its designees, for purposes of inspection, reproduction, and audit without restriction. 25. Compliance with Laws: In performance of the Services, Contractor will comply with applicable regulatory requirements including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria and standards, and shall obtain all permits and licenses necessary to perform the Services under this Agreement at Contractor's own expense. 26. Non-Discrimination: The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age or national origin. 27. Waiver:A waiver by either the Client or Contractor of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 28. Entirety of Agreement: The Client and the Contractor agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein, This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the Client and Contractor pertaining to the Services, whether written or oral. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. 29. Modification: The Agreement may not be modified unless such modifications are evidenced in writing and signed by both the Client and Contractor. Such modifications shall be in the form of a written Amendment executed by both parties. 30. Contingent Fees: The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 31. Truth-in-Negotiation Certificate: Execution of this Agreement by the Contractor shall act as the Page 5 of 6 MASTER SERVICES AGREEMENT#0917-63 DEBRIS MONITORING SERVICES execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 32. Confidentiality: No reports, information, computer programs, documentation, and/or data given to, or prepared or assembled by the Contractor under this Agreement shall be made available to any individual or organization by the Contractor without prior written approval of the Client. 33. Miscellaneous: Client expressly agrees that all provisions of the Agreement, including the clause limiting the liability of Contractor, were mutually negotiated and that but for the inclusion of the limitation of liability clause in the Agreement, Contractor's compensation for services would otherwise be greater and/or Contractor would not have entered into the Agreement. In any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover, as part of its judgment, reasonable attorneys'fees and costs from the other party. 34. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument, but all of which taken together shall constitute one instrument. IN WITNESS WHEREOF, the Contractor has caused this Agreement to be signed in its corporate name by its authorized representative, and the Client has caused this Agreement to be signed in its legal corporate name by persons authorized to execute this Agreement as of the day and year first written above. CONTRACTOR: CLIENT: TETRA TECH, INC. CITY OF PEARLAND,TEXAS 1, By: Jo than Burgiel By: 'C'( �Qtr�o„ Title: Vice President/Operations Manager Title: CI /ric.-‘ .5c Date: September 5, 2017 Date: / qr 5`_ r-�• g f '� Attest: Attest: 4/ -- / ,.:.,. ____ Bety amara, Contracts Manager / / ."tuu i+r+,,, \` � R�NZ/,, I (. /\ Page 6 of 6 EXHIBIT A REQUEST FOR PROPOSAL Debris Monitoring Services for City of Pearland Hiaitijardall v � T E X A S es T. Sqb RFP#0917-63 DUE DATE: 09/5/17 @ 1:30 pm CST CITY OF PEARLAND,TEXAS 3523 Liberty Drive Pearland,TX 77581 (281) 652-1668 https://pearland.ionwave.net Page 1of41 Introduction The City of Pearland is soliciting Proposal(s) for Debris Monitoring Services. Proposals shall be received no later than 1:30 p.m., CST,Tuesday,September 5,2017. Proposals received after the deadline stated herein will not be considered for the award of the contract,and shall be considered void and unacceptable. It shall be the Vendor's sole responsibility to assure response delivery by the designated time. Late submissions will not be opened and will be returned to the Vendor at the expense of the Vendor, or destroyed if requested. Proposal forms, specifications and all necessary information may be obtained from the following website, upon supplier registration approval: https://pearland.ionwave.net. Prospective respondents should download required documents as found in the "Attachments" tab on website referenced above, print, complete and submit with all proposal requirements as stated herein. It is strongly encouraged that RFP responses be submitted via the E-bid system as referenced in this paragraph, Any hard-copy submissions should include one(1)original and one(1)electronic version of the proposal and should be returned in a sealed envelope clearly bearing the name and address of the respondent and marked with the RFP number(0917-63) on the outside of submittal envelope. All proposals and copies are to be submitted on 8-1/2 x 11 inch paper,and bound individually. Facsimile and/or email transmittals shall not be accepted as valid bids. Hard-copy proposals shall be submitted to: City of Pearland Police Department—First Floor Receptionist 2555 Cullen Parkway Pearland,TX 77584 The City of Pearland is aware and appreciative of the time and effort you expend in preparing and submitting proposals to the City. Please notify the Purchasing Office in writing of any bid requirements that are causing you difficulty in responding to our proposal. We want to make the process as convenient as possible so that all responsible vendors can compete for the City's business. Given the urgent nature of the services requested herein, the City regrets any errors or omissions to this document,and request Contractor's understanding and acceptance of corrections of minor issues or irregularities which may need to be perfected prior to issuance of a contract. QUESTIONS REGARDING PROPOSAL SPECIFICATIONS: All questions regarding this proposal should be submitted in writin: to the Cit of Pearland Purchasin: Office with contact information below. suestions and answers will be distributed to all known specification holders. Questions should be submitted in writing no later than 1:30 p.m., CST,on September 4,2017. Please direct all questions regarding this bid to: City of Pearland Purchasing Office Bob Pearce, Purchasing Officer Mobile: 281-840-0841 Fax:281-652-1738 E-mail:ebids@pearlandtx.gov NOTE: Successful offeror shall be subject to certain Federal and/or State certifications and assurances regarding compliance with uniform administrative requirements for Federally-funded non-construction programs, debarment,suspension,ineligibility,voluntary exclusion—lower-tier covered transactions and lobbying(15 CFR Part 26, "Government-wide Debarment and Suspension,"and 15 CFR Part 28, "New Restrictions on Lobbying"). Page 2 of 41 Definitions In order to simplify the language throughout this request for proposals,the following definitions shall apply: CITY OF PEARLAND—The government of the City of Pearland,Texas;Including the City Council,City Manager or his designee(s). CITY COUNCIL—The elected officials of the City of Pearland,Texas given the authority to exercise such powers and jurisdiction of all City business as conferred by the State of Constitution and Laws. CONTRACT—An agreement between the City and a Provider to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity and/or service specified. CITY—Same as the City of Pearland. OFFEROR/CONTRACTOR—The respondent,proposer,contractor,or submitting party of a response to this RFP. RFP—Request for Proposal. Page 3 of 41 DEBRIS MONITORING SERVICES between THE CITY OF PEARLAND,TEXAS and TBD RECITALS THIS AGREEMENT is made and entered by and between the City of Pearland, a body politic and corporate under the laws of the State of Texas, hereinafter referred to as the "City" and TBD, hereinafter referred to as the "Contractor." WHEREAS, on August 24, 2017, the City of Pearland Mayor Tom Reid issued an official Proclamation Declaring Disaster, recognizing the imminent threat and potential for severe damage, injury or loss of life or property that could result from Hurricane Harvey; and WHEREAS, the Mayor of Pearland has determined that extraordinary measures must be taken to alleviate the suffering of people and to protect or rehabilitate property; and WHEREAS, the City has in the past suffered the full force and effects of major disasters and the resulting destruction brought upon the City by such events or disasters; and WHEREAS, the measures necessary to facilitate remediation and/or mitigation of the aforementioned conveyance of potential harm have produced the emergent need to procure emergency services towards removing massive amounts of debris from Pearland residences, businesses and other properties; and WHEREAS, the substantive, unbudgeted encumbrance of costs associated with these measures may require the City to seek additional support in the form of public assistance from federal, State and/or local sources that provide funding for disaster recovery activities; and WHEREAS, the City must adopt certain terms and conditions, that will pass on to the Contractor, in ways that comply with federal, State and/or local disaster recovery programs; including but not limited to those provided by the Federal Emergency Management Agency (FEMA-44 CFR), Texas Division of Emergency Management (Texas Government Code Chapter 418), and the U.S. Department of Housing & Urban Development's Community Development Block Grant Program — Disaster Recovery (CDBG— DR 24 CFR Part 570). NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is agreed between the parties hereto that the following specifications, terms and conditions apply: Page 4 of 41 SECTION I—GENERAL SPECIFICATIONS/TERMS& CONDITIONS 1.0 INTENTION OF SPECIFICATIONS It is the intention of the City of Pearland to contract for the services of a qualified Contractor to perform debris monitoring services on an as needed basis throughout City of Pearland. It is the intent of the City to award the contract to one (1) primary and one (1) or more alternate service provider(s), however, the City of Pearland reserves the right to accept or reject any and all proposals, to accept any proposal deemed advantageous and to waive irregularity in the proposals. By submitting a proposal, the offeror acknowledges and will adhere to all specifications as stated within this proposal packet. NO PERSON has the authority to verbally alter these specifications. Any changes to specifications will be posted on the City of Pearland's E-bidding website. 2.0 GENERAL CONDITIONS PROPOSALS MUST COMPLY with all state, county and local laws concerning this type of good or service. REMEDIES: The successful offeror and City of Pearland agree that both parties have all rights, duties and remedies available as stated in the Uniform Commercial Code. FUNDING: Funds for payment have been provided through the City of Pearland budget approved by the City Council for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current City of Pearland fiscal year shall be subject to budget approval. ETHICS:The offeror shall not offer or accept gifts or anything of value or enter into any business arrangement, or discussion of this solicitation, with any employee, official or agent of City of Pearland, except as specifically named herein. More than one proposal on any one contract from a firm or individual under different names may be grounds for rejection of all bids in which the firm or individual has an interest. One or all proposals may be rejected if there is any reason to believe that collusion exists between offerors. 3.0 CONFLICT OF INTEREST No public official shall have interest in this contract except in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. Page S of 41 Offerors must make every effort to comply Chapter 176 of the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Pearland, including affiliations and business and financial relationships such persons may have with City of Pearland officers. By doing business or seeking to do business with the City of Pearland, including submitting a response to this Request for Proposals, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you are in compliance with them. Conflict of Interest Questionnaire (CIQ) must be completed and turned in with proposal when applicable. 4.0 PURCHASE ORDER City of Pearland shall generate a purchase order to the successful offeror for any and all work to occur under the resulting contract. The purchase order number must appear on all invoices, packing lists and all related correspondence, City of Pearland will not be responsible for any orders placed and/or delivered without a valid Purchase order number. 5.0 DELIVERY All costs associated with delivery of staff, labor, equipment, supplies and insurance necessary to perform the services described herein for the City of Pearland shall be included in offerors' proposal. 6.0 INVOICES Vendors shall submit an original invoice on each purchase order after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice,which cannot be verified by the contract price and/or is otherwise incorrect,will be returned to the contractor for correction. Invoice shall indicate the employee name and items delivered. Invoices shall be emailed to accountspavable_@pearlandtx.gov or mailed to: City of Pearland Accounts Payable P.O. Box 2719 Pea rland,TX 77588 Payment basis shall be net thirty (30) days from receipt of invoice. Page 6 of 41 7.0 QUALITY CONTROL Goods or services supplied under this contract shall be subject to approval as to quality and must conform to the highest standards of manufacturing practice. Items found defective or not meeting specifications shall be replaced at the supplier's expense within a reasonable period of time. Payment for defective goods or goods failing to meet specifications is not due until 30 days after satisfactory replacement has been made. 8.0 WARRANTY Successful offeror shall warrant that all items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material,workmanship and title. In addition to all other warranties,whether expressed or implied herein, Vendor warrants to City that items and/or services furnished hereunder will be of good quality and new unless otherwise required or permitted and that the work will be free from defects and will conform to the requirements of these specifications. Items and/or services not conforming to these requirements shall be deemed defective. 9.0 INDEMNIFICATION In accordance with Texas state law, the contractor agrees to indemnify, save, and hold harmless the City of Pearland, Texas, its employees, officials, and agents from any and all claims, actions, damages, lawsuits, proceedings,judgments, or liabilities , for personal injury, death or property damage resulting from the acts or omissions of anyone under the contractor's supervision or control. In the event of any cause of action or claim asserted by a party to this agreement or any third party, the City will provide the contractor with timely notice of such, claim, dispute or notice. Thereafter,the contractor shall, at its own expense,faithfully and completely defend and protect the City against any and all liabilities arising from this claim, cause of action,or notice. If the contractor should fail to so successfully defend, the City may defend, pay or settle the claim or other cause of action with full rights of recourse against the contractor for any and all fees, costs, expenses, and payments, including but not limited to attorney fees and settlement payments, made or agreed to be paid in order to discharge the claim, cause of action, dispute or litigation. It is the express intention of the parties hereto, both contractor and City of Pearland, that the indemnity provided for in this paragraph is an agreement by contractor to indemnify and protect city of Pearland from consequences of City of Pearland's own negligence,when that negligence is a concurring 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, or liability • where the injury, death, or damage results from the sole negligence of the City of Pearland Page 7 of 41 unmixed with the fault of any other person or entity. Contractor assumes no liability for the sole negligence of City of Pearland, its officers, agents, or employees. Provision to be applied if indemnity is determined void: If the foregoing indemnity provision is found void for any reason, and only in that case, then the parties agree that if any claim or suit for damages of any nature arising out of or occasioned by Contractor's breach of any of the terms or provisions of this Contract or by any negligent act or omission of Contractor, its officers, agents, associates, employees or subcontractors, then Contractor will be obligated to pay for the legal defense of the City, its officers, agents and employees against such claim or suit (including the costs and expenses associated with that defense). It is additionally expressly agreed that any payment due as a result of any successful claim or lawsuit shall be paid by the party or parties found liable in the proportion of liability found against that party after the matter has been finally litigated or, alternatively, in the proportion agreed upon by the parties if the matter is settled. This provision does riot waive any immunity or defense available to either party under Texas law. The provisions of this Paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,to any other person or entity. 10.0 TERM OF CONTRACT Contract term shall be two (2) years from date of award. Upon completion of the term of the original contract, and upon the mutual agreement of both parties, the original contract may be renewed for three(3)additional one (1)year periods, upon mutual agreement of the parties. The unit prices of all items/services purchased under this contract are firm for the duration of the initial term, and for any subsequent renewal period; additionally, Contractor shall be responsible for accepting revisions of the contract agreement at any time, as warranted by any applicable statutory/regulatory changes which could affect the City's eligibility for future federal funding. 11.0 INSURANCE REQUIREMENTS Specific insurance provisions are included in the proposal. An original, certified copy of an insurance certificate must be submitted within one (1) day(s) of request. The successful vendor will be required to maintain, at all times during performance of the contract, the insurance detailed on the "Insurance Requirements" form,which is attached under the "Attachments" tab in our e-bidding system, located at: https://pearland.ionwave.net. Failure to provide this document may result in disqualification of bid. 12.0 TERMINATION OF CONTRACT The City of Pearland reserves the right to terminate the contract immediately (unless otherwise noted below) in the event the successful offeror: 12.1 By failing to pay insurance, liens, claims, or other charges. Page 8 of 41 12.2 By failing to pay any payments due the City, State or Federal Government from the successful bidder or its principals, including, but not limited to payments identified in this agreement or any taxes,fees, assessments, or liens. 12.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. 12.4 By violation of any provision of the agreement. 12.5 By failing to respond within prescribed time, including weekends, holidays, and/or emergency events. 12.6 By failing to make adequate arrangements for mobilization following an emergency event. 12.7 By providing substandard debris monitoring services, or work the City deems to be otherwise unacceptable. 12.8 Additionally,the City reserves the right to terminate the contract without cause upon written notice twenty-four(24) hours prior to the date of termination. Such termination is in addition to and not in lieu of any other remedies that City of Pearland may have in law or equity. Offeror, in submitting this proposal, agrees that City of Pea rland shall not be liable to prosecution for damages in the event that the City declares the offeror in default. NOTICE: Any notice provided by this proposal or required by law to be given to the successful offeror by City of Pearland shall be deemed to have been given and received on the next business day after such written notice has been deposited in the U. S. mail in Pearland, Texas, by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful offeror at the address so provided; provided this shall not prevent the giving of actual notice in any other manner. 13.0 ASSIGNMENT The successful offeror shall not sell, assign, or otherwise transfer this contract, in whole or in part,without the prior written consent of City of Pearland. 14.0 LAW GOVERNING AND VENUE The law of the State of Texas shall govern this contract and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County,Texas. Page 9 of 41 U 15.0 PROPOSAL INFORMATION If quantities are listed, the quantities should be considered as approximate and based on the best available information. The vendor may not limit an order or shipment of an order with a "Minimum Dollar Amount or Quantity Amount." When "Unit Prices" and "Extended Prices" are listed in the proposal and there is an error in the mathematical calculations,the unit price shall govern for evaluation purposes. All orders will be issued on an "as needed" basis; City of Pearland does not guarantee a minimum order on the basis of these specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detail description shall be the vendor's responsibility in its proposal price. If applicable, contracts will not be awarded to any party that has been debarred, suspended, excluded or ineligible for participation in federal assistance programs. If applicable, in the event an awarded party or their subcontractor(s) become debarred, suspended, excluded or ineligible for participation in federal assistance programs after award of contract,the awarded contract may be cancelled without notice. City of Pea rland reserves the right, at its discretion, to procure the awarded item(s)/service(s) from other sources, if it is found to be in the City's best interest. 16.0 ALTERNATE VENDOR(S) To insure an uninterrupted source of service, City of Pearland reserves the right to award multiple contracts. The entire contract will be awarded to one (1) "primary" contractor as the highest-evaluated responsive and responsible offeror, and one (1) or more "alternate" contractor(s) for use as necessary due to time constraints, availability, etc., on the part of the primary. City of Pearland reserves the right to use other vendors when the response time is not met,the quality of work is unacceptable, the number of hours estimated/being charged is considered excessive, or the number of employees/laborers required or sent to perform work as described herein is deemed by the City to be either insufficient or excessive. Also, the City shall reserve the right to purchase from the Alternate source if any of the following conditions exist: 17.1 Service and/or material is not acceptable (does not meet specifications); 17.2 Service and/or material is not available on the day it is needed; 17.3 Vendor fails to respond to service request, i.e. does not return phone calls; or Page 10 of 41 17.4 The Contractor and City of Pearland are unable to agree on the labor/equipment required to complete any request for services under this contract. 17.0 CONTINUITY OF STAFFING Offerors shall provide an emergency contingency plan; outlining measures and procedures for assuring continuity of staffing, communications, labor and equipment availability, etc. during, and after, emergency events. Awarded offeror(s) will be required to provide contact name and phone number in the event of an emergency. This person should be able to be reached 24 hours a day, 7 days a week. 18.0 SPECIAL REQUIREMENTS 18.1 EXAMINATION OF EXISTING PREMISES: It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the character and quality of the materials to be encountered,the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. 18.2 RISK: The work under this contract in every respect shall be at the risk of the Contractor until finished and accepted. 18.3 EXECUTION, CORRECTION AND INTENT: The intent of the contract documents, and proposal is to describe the complete work to be performed under such contract. Unless otherwise provided, it is also the intent of the proposal and contract documents that the contractor shall furnish all materials, supplies, tools, equipment, machinery, labor and supervision necessary for the prosecution and completion of the work in full compliance with the bid, specifications and other documents. 18.4 CODE REQUIREMENTS: The rules and regulations, ordinances and laws governing the work and/or equipment shall be in accordance with all regulations and codes of the Federal,State and Municipal departments having jurisdiction,the National Board of Fire Underwriters, Factory Mutual Insurance,Texas Engineering and Fire Prevention Bureau, and the local utility companies which are in force at the time of the execution of the work. 18.5 PROTECTION: The Contractor shall provide and maintain all protection required by the governing laws, regulations and ordinances.The Contractor shall be responsible for any loss or damage caused by him or his employee(s) to the property of City of Pearland or to the work or materials installed and make good any loss, damage, or injury without cost to City of Pearland. 18.6 WORKMEN'S SAFETY: The Contractor shall meet all safety and health regulations required such as but not limited to, by the Occupational Safety and Health Page 11 of 41 Administration, Department of Labor and all state regulations dealing with occupational safety. 19.0 MODIFICATION OF BIDS An offeror may modify a proposal at any time prior to the submission deadline for receipt of bids. Proposals may not be amended or altered after the official opening with the single exception that any product literature and/or supporting data required by the actual specifications will be accepted at any time prior to City Council's consideration of the bid. 20.0 AWARD OF CONTRACT In determining and evaluating the best proposal, the pricing may not necessarily be controlling, but quality, equality, efficiency, utility, general terms, delivery, suitability of service offered and the reputation of the service in general use will also be considered with other relevant items, as identified in Technical Specifications, Sections 1.0 and 2.0, pp. 24-27. Per Local Government Code 252.043(b): In determining the best value for the municipality, the municipality may consider: 20.1 the purchase price; 20,2 the reputation of the offeror's goods or services; 20.3 the quality of the offeror's goods or services; 20.4 the extent to which the goods or services meet the municipality's needs; 20.5 the offeror's past relationship with the municipality; 20.6 the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses(HUB)and non-profit organizations employing persons with disabilities; 2.0.7 the total long-term cost to the municipality to acquire the bidder's goods or services; and 20.8 any relevant criteria specifically listed in the request for bids or proposals. Each offeror by submitting a proposal agrees that if their proposal is accepted by City Council, such offeror will furnish all items and services upon which prices have been tendered and upon the terms and conditions in this proposal and contract. The contractor shall not commence work under these terms and conditions of the contract until all applicable Certificates of Insurance, Performance and Payment Bonds and Irrevocable Letters of Credit(if required)have been approved by the City of Pearland and he/she has received notice to proceed in writing and an executed copy of the contract and purchase order from the City of Pearland. Page 12 of 41 21.0 NEGOTIATIONS AND CONTRACT EXECUTION The City reserves the right to negotiate the final terms and conditions of the contract to be executed. In the event the City and the Contractor(s) are unable to agree upon all contract provisions, the City reserves the right to cease negotiations, and select another Vendor, or to reject all Proposals, NOTE: if a Contractor intends to request that the City of Pearland execute a Contractor-provided agreement or contract form in connection with the award of a contract, said agreement must be submitted in its entirety with the proposal for review by the City's legal counsel during the evaluation of proposals. If only one proposal is received in response to the Request for Proposals,a detailed cost proposal may be requested of the single contractor.A cost/price analysis and evaluation and/or audit may be performed of the cost proposal in order to determine if the price is fair and reasonable. 22.0 EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this contract,the contractor agrees as follows: 22.1 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 by the contracting officer setting forth the provisions of this nondiscrimination clause. 22.2 The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion,sex or national origin. 23.0 RESPONSIBILITY The City shall determine whether or not a supplier has the strengths to be granted an award. Certain criteria may be used to evaluate these strengths, including, but not limited to: financial stability, capability and capacity. History of past litigation due to lack of performance may be considered but not necessarily used as a determining factor. 24.0 FORCE MAJEURE If by reason of Force Majeure either party shall be rendered unable, wholly or in part, to carry out its responsibilities under this contract by any occurrence by reason of Force Majeure, then Page 13 of 41 the party unable to carry out its responsibility shall give the other party notice and full particulars of such Force Majeure in writing within a reasonable time after the occurrence of the event,and such notice shall suspend the party's responsibility for the continuance of the Forced Majeure claimed, but for no longer period. Force Majeure means acts of God, floods, hurricanes, tropical storms, tornadoes, earthquakes, or other natural disasters, acts of public enemy, acts of terrorism, sovereign conduct, riots, civil commotion, strikes or lockouts, and other causes that are not occasioned by either Party's conduct which by the exercise of due diligence the party is unable to overcome and which substantially interferes with operations. 25.0 NO COMMITMENT BY THE CITY OF PEARLAND This Request for Proposal does not commit the City of Pearland to award any costs or pay any costs,or to award any contract, or to pay any costs associated with or incurred in the preparation of a proposal to this request, or to procure or contract for services or supplies. 26.0 WAGE RATES In conformance with applicable statutes, the general prevailing wage rates determined by the United States Department of Labor in accordance with the Davis-Bacon Act, in the locality in which the work is to be performed have been asserted and such rates shall be the minimum paid for labor employed on this project (if applicable to the contemplated work), if applicable. If, however, Federal funds are used,specified wage decisions will be provided at time of emergency event declaration. 27.0 CHANGE ORDERS, AS PER TEXAS LOCAL GOVERNMENT CODE SECTION 252.048 27.2 If Changes in plans or specifications are necessary after the performance of the contract is begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment or supplies to be furnished, the governing body of the municipality may approve change orders making the changes. 27.3 The total contract price may not be increased because of the changes unless additional money for increased costs is appropriated for that purpose from available funds or is provided for by the authorization of the issuance of time warrants. 27.4 If a change order involves a decrease or an increase of $50,000 or less, the governing body may grant general authority to an administrative official of the municipality to approve the change order. 27.5 The original contract price may not be increased under this section by more than 25 percent. The original contract price may not be decreased under this section by more than 25 percent without the consent of the contractor. Page 14 of 41 28,0 APPROPRIATION OF FUNDS The City of Pearland has established an appropriation (allocation) of funds for this project, if in the event that appropriated (allocated)funds are exhausted,the contractor's only remedy shall be suspension or termination of its performance under this contract and shall have no other remedy in law or in equity against the City and no right to damages of any kind. The City may reduce the funds allocated and the services required under this Agreement at its discretion. The City shall notify Contractor in writing of this reduction. Contractor shall not perform any services subtracted from this Agreement. The de-obligation of funds does not require any formal amendment of this Agreement but shall be evidenced by a revised budget approved by City Council. 29.0 CONFIDENTIALITY OF INFORMATION IN BIDS AND PROPOSALS Pursuant to State law, proposals shall be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations.All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for public inspection. 30.0 EXCEPTION TO BID The offerors will list on a separate sheet of paper any exceptions to the conditions of this RFP. This sheet will be labeled, "Exceptions to bid conditions", and will be attached to the proposal. If no exceptions are stated, it will be understood that all general and specific conditions will be complied with, without exception. 31.0 CHANGES IN SPECIFICATIONS If it becomes necessary to revise any part of this bid, a written notice of such revision will be provided to all bidders. The City is not bound by any oral representation(s), clarification(s), or changes made in the written specifications by the City's employees, unless such clarification or change is provided to bidders in a written addendum from the Purchasing Officer. 32.0 PROTEST Any actual or prospective bidder/offeror who is allegedly involved with the solicitation or award of bid/proposal may protest. The protest must be submitted in writing to the City of Pearland's Purchasing Officer within three working days after such aggrieved person knows of, or should have known of the facts giving rise thereto. If the protest is not resolved by mutual agreement, the Purchasing Officer will promptly issue a decision in writing to the protesting party. Page 15 of 41 All protest lodged by potential or actual bidders,contractors or offerors must be made in writing and contain the following information: 32.1 Name,address and telephone number of the protester. 32.2 Identification of the solicitation or contract number and time. 32.3 A detailed statement of the protest's legal and factual grounds, including copies of relevant documents. 32.4 identification of the issue(s)to be resolved and statement of what relief is requested. 32.5 Arguments and authorities in support of the protest. 32.6 A statement that copies of the protest have been mailed or delivered to all interested parties in the invitation to bid or request for proposals process. In the case of request for proposals, the City of Pearland Purchasing Officer shall ask the protester to mail or deliver the protest to relevant parties. The City of Pearland's City Manager has the authority to render the final determination regarding the protest. Any determination rendered by the City of Pearland will be final. 33.0 WORKERS COMPENSATION The successful bidder/offeror(as required by State of Texas Workers Compensations law) shall carry in full force workers compensation policy(ies) for all employees, including but not limited to full-time, part-time, and emergency employees employed by the successful bidder/offeror. Current insurance certificates, certifying that such policies as specified above are in full force, shall be presented to the City of Pearland by the successful bidder/offeror. 33.1 Definitions: workers compensation insurance coverage 33.1.1 Certificate of coverage - a copy of a certificate of insurance, a certificate of authority to self-insure issued by the State,or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 33.1.2 Duration of the project-includes the time from the beginning of the work on the project until the contractor's I person's work on the project has been completed and accepted by the governmental entity. 33.1.3 Persons providing services on the project. Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, with limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any such entity, which furnishes persons to provide Page 16 of 41 services on the project. "Services" include, without limitation, providing, hauling or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 33.2 The contractor shall provide coverage, based on proper reporting of classification code and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas, for all employees of the contractor providing services on the project, for the duration of the project. The contractor must provide a certificate of coverage to the governmental entity prior to being award the contract. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 33.3 The contractor shall obtain from each person providing services on a project,and provide to the City: 33.3.1 A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 33.3.2 No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during the duration of the project. 33.4 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 33.5 The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project. 33.6 The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Department of Insurance, Commissioner of the Division of Workers'Compensation informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 33.7 The contractor shall contractually require each person with whom it contracts to provide services on a project,to: Page 17 of 41 33.7.1 Provide coverage, based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas, for all of its employees providing services on the project,for the duration of the project: 33.7.2 Provide to the contractor, prior to that person beginning work on the project a certificate showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project: 33.7.3 Provide to the contractor, prior to the end of the coverage, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate ends during the duration of the project: 33.7.4 Obtain from each other person with whom it contracts, and to provide to the contractor; 33.7.4.1 A certificate of coverage, prior to the other person beginning work on the project; and 33.7.4.2 The coverage period, if the coverage period shown on the current certificate of a new certificate of coverage showing extension of coverage, prior to the end of coverage ends during the duration of the project; 33.7.5 Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 33.7.6 Notify the governmental entity in writing by certified mail or personal delivery, within days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 33.7.7 Require each person I firm with whom it contracts to perform as required by this invitation to bid, conform to project specifications, and abide by any/all requirements placed on the contractor, and to provide any certificates of coverage to the person/firm for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's division of self- Page 18 of 41 insurance regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, or other civil actions. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach with ten days after receipt of notice of breach from the governmental entity. 34.0 WITHDRAWAL OF PROPOSAL Contractors may request withdrawal of a sealed proposal prior to the scheduled proposal opening time provided the request for withdrawal is submitted to the Purchasing Officer in writing. No proposals may be withdrawn for a period of sixty(60)calendar days after the opening of proposals. The City Manager is the only person authorized to execute contracts on behalf of the City. All signature pages must include "approved as to form" and be signed by the City Attorney before the City Manager will execute the contract. Neither department heads nor elected officials are authorized to sign any binding contracts or agreements prior to being properly placed on the City Councils agenda and approved in an open meeting, Department heads and other elected officials are not authorized to enter into any type of agreement or contract on behalf of the City of Pearland.Only the City Manager may enter into a contract on behalf of the City of Pearland as authorized by City Council and the City Charter. Additionally, department heads and other elected officials are not authorized to agree to any type of supplemental agreements or contracts for goods or services. Supplemental agreements are subject to review by the City's Legal Department prior to being signed by the City Manager, (City's authorized representative). 35.0 LEGAL NOTICES All legal notices required pursuant to the terms and conditions of this contract shall be executed in writing. Any notice required to be given under the terms and conditions of this contract shall be deemed to have been given when notice is received by the party to whom it was directed, when it has been transmitted by facsimile with confirmation of transmission, or when sent by U,S. Mail via certified mail-return receipt requested,whichever occurs first. 36.0 INDEPENDENT CONTRACTOR The successful offeror will be an independent contractor solely responsible for the acts, means, methods used to perform debris monitoring services. This RFP and the successful offeror's proposal do not seek to create an employer/employee relationship,joint enterprise, partnership, or joint venture. Page 19 of 41 37.0 SEVERABLITY The invalidity, illegality or unenforceability of any provision of this contract or the occurrence of any event rendering any portion or provision of this contract void shall in no way affect the validity or enforceability of any other portion or provision of this contract. Any void provision shall be deemed severed from this contract, and the balance of the contract shall not be construed and enforced as if the contract did not contain the particular portion or provision to be held void. The parties further agree to amend this contract to replace any stricken provision. The provisions of this clause shall not prevent this entire contract from being void should a provision which is the essence of this contract be determined void. 38.0 TAXES AND WAGES Successful offeror shall pay or cause to be paid, without cost or expense to City of Pearland, all Social Security, Unemployment and Federal Income Withholding Taxes of all employees and all such employees shall be paid wages and benefits required by Federal and/or State Law. 39.0 ELECTRONIC DOCUMENTS Requesting firms may be supplied with the original documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, Firms agree not to edit or change the language or format of these documents. Submission of a proposal by Firms signifies full agreement with this requirement. 40.0 CLARIFICATION OF PROPOSALS City reserves the right to obtain clarification of any point in a vendor's proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a vendor to respond to such a request for additional information or clarification may result in rejection of the vendor's proposal. 41.0 PERFORMANCE AND PAYMENT BONDS Under no circumstances shall the successful Offeror start work until they have supplied acceptable performance and payment bonds. The surety which issues the bonds shall be listed on the U.S. Treasury, Fiscal Service, Bureau of Government Financial Operations (latest review) entitled "Companies Holding Certificates of Authority as Acceptable Surety on Federal Bond and as Acceptable Reinsuring Companies." The successful Offeror shall furnish performance and payment bonds as security for faithful performance of contract awarded as a result of this solicitation, and for the payment of all persons performing labor and/or furnishing material in connection therewith. The performance and payment bonds shall each be in the amount of$500,000. The bonds shall be submitted on Page 20 of 41 forms acceptable to the City. The surety shall be responsible for any increases or extensions to the contract. The attorney-in-fact who signs the bond shall send with the bond a certificate and effective dated copy of power of attorney. If the surety on any bond furnished by successful Offeror is declared bankrupt or becomes insolvent or its right to do business is terminated in any State where any of the work herein is located or it ceases to meet the requirements imposed by the contract documents, said Offeror shall within five (5) days thereafter substitute another bond and surety, both of which shall be acceptable to the City. 42.0 AWARD RESTRICTION The City's currently-awarded Debris Management Contractor shall be ineligible to compete for this contract. 43.0 CERTIFICATE OF INTERESTED PARTIES Effective January 1, 2016, all contracts and contract amendments, extensions or renewals executed by City Council will require the completion of Form 1295 "Certificate of Interested Parties" pursuant to Texas Local Government Code Chapter 2252.908. Form must be completed by vendor at time of signed contract submittal. All responding vendors may access a video from the Texas Ethics Commission which explains the process on how to submit Form 1295. The video link is available on the City of Pearland Purchasing Department website at http://pearlandtx.gov/purchasing. Page 21 of 41 SECTION II-TECHNICAL SPECIFICATIONS(SCOPE OF WORK) The City of Pearland is accepting sealed proposals for Debris Monitoring Services. Debris as used in this document is defined as found in the Federal Emergency Management Agency (FEMA) Debris Management Guide, Chapter 3. This guide may be accessed at FEMA publication 325, http://www.fema.gov/pdf/government/grant/pajdemagde.pdf. It is the intent of this solicitation to enter into a Debris Monitoring Services contract, which would result in no immediate cost to the City, and which must meet FEMA guidelines established as found in FEMA Debris Management Guide (FEMA publication 325). This procurement process is intended to comply with federal, state, and local standards, including Sections 200.318 through 200.316 of the Code of Federal Regulations, Government Code Chapter 2155, Texas Local Government Code Chapter 252, and local purchasing procedures. The purpose of the proposal is to demonstrate the technical capabilities,professional qualifications,past project experiences, and knowledge within this industry. The proposal should address the following: 1.0 QUALIFICATIONS OF THE FIRM AND STAFF Firm qualifications must include, at minimum,the following: 1.1 Recent experience demonstrating current capacity and current expertise in debris removal, solid waste and hazardous waste management and disposal. 1.2 Documented knowledge and experience coordinating with Federal, State and Local emergency agencies. 1.3 Experience representing local governments with various state and federal funding sources and reimbursement processes, including FEMA, FHWA, and NRCS. 1.4 Provide references for which the firm has performed services that are similar to the requirements in Section II — Technical Specifications. References shall include local government entities for hurricane debris monitoring experience. Provide the reference contact name, address, e-mail address, telephone numbers and date of services provided. 1.5 Provide a summary of staff qualifications. Key project staff(management staff including, but not limited to, project manager,collection and disposal operations managers, FEMA reimbursement specialist, data manager, etc.) must be full time employees of the proposing firm. 1.6 Provide your intent to employ subcontractors, including efforts to include Historically Underutilized Business(HUB) participation. 1.7 Proposer must not he excluded or debarred by the System for Award Management (SAM) EPLS system to enter into a contract for services. You are encouraged to verify your firm's status at https://www.SAM.gov . Successful proposer will be required to submit Texas Ethics Commission Form 1295, CIQ, Conflict of Interest Questionnaire. 1.8 Provide intent to furnish General Liability, Automobile Liability, and Workers' Compensation Certificate of Insurance listing City of Pearland as additional insured at statutory limits. y Page 22 of 41 2.0 TECHNICAL APPROACH Provide a description of the Proposer's approach to the project, including startup procedures/requirements, debris estimate methodology, analysis of debris recovery operations and management of the debris recovery contractors, and billing/invoices reporting procedures to FEMA and the City of Pearland,Texas. 3.0 COST PROPOSAL Each proposer must complete and submit, at minimum,the cost proposal line items included in the City's E-bidding system. Costs will be evaluated on the hourly rates submitted for the labor positions listed. Non-labor projected costs will be billed to the City of Pearland, Texas, at cost without markup. 4.0 SCOPE OF SERVICES DISASTER DEBRIS MONITORING SERVICES The selected firm will be expected to provide disaster debris monitoring services to include debris generated from the public rights-of-way, private property, drainage areas/canals, waterways, and other public, eligible, or designated areas. Specific services may include: 4.1 Serving as "Debris Manager"for disaster debris monitoring operations. 4.2 Coordinating daily briefings, work progress, staffing, and other key items with City of Pearland,Texas, management staff. 4.3 Monitoring and supervision of TDSRS locations and any other permitting/regulatory issues as necessary. 4.4 Scheduling work for all team members and contractors on a daily basis. 4.5 Hiring, scheduling, and managing field staff. 4.6 Monitoring recovery contractor operations, and making/implementing recommendations to improve efficiency and speed up recovery work. 4.7 Assisting City of Pearland,Texas,with responding to public concerns and comments. 4.8 Certifying contractor vehicles for debris removal using methodology and documentation practices appropriate for contract monitoring. 4.9 Entering load tickets into a database application. 4.10 Digitization of source documentation (such as load tickets). 4.11 Developing daily operational reports to keep City of Pearland,Texas, informed of work progress. 4.12 Development of maps,GIS applications,etc.,as necessary. 4.13 Comprehensive review, reconciliation, and validation of debris removal contractor(s) invoices prior to submission to City of Pearland,Texas,for processing. 4.14 Project Worksheet and other pertinent report preparation required for reimbursement by FEMA, FHWA and any other applicable agency for disaster recovery efforts by the City of Pearland,Texas, and designated debris removal contractors. 4.15 Final report and appeal preparation and assistance. Page 23 of 41 5.0 MOBILIZATION Upon Contractor's receipt of written Notice to Proceed, he/she will make necessary arrangements to mobilize a minimum 50% of the required resources within twenty-four (24) hours and 100%within forty-eight (48) hours. 6.0 NON-EXCLUSIVE CONTRACT Any awarded debris monitoring contracts are not considered exclusive. The City may award contracts to multiple contractors at its discretion. Page 24 of 41 SECTION III- EVALUATION CRITERIA AND RESPONSE FORMAT 1.0 EVALUATION An evaluation committee will score proposals based on pricing, corporate experience and capacity, technical approach and reference. The City reserves the right to select a proposal(s) other than the lowest cost. The offeror may be required before the award of any contract to show to the complete satisfaction of the City that it has the necessary facilities, ability and financial resources to provide the service specified therein in a satisfactory manner. The offeror may also be required to give a past history and references in order to satisfy the City with regard to the offeror's qualifications. The City may make reasonable investigations deemed necessary and proper to determine the ability of the offeror to perform the work. The offeror shall furnish to the City all information for this purpose that may be requested. The City reserves the right to reject a proposal if the evidence submitted by, or investigation of,the offeror fails to satisfy the City that the offeror is properly qualified to carry out the objectives of the contract and to complete the work described therein. Proposals that do not conform to the instructions given or which do not address all the services as specified may be eliminated from consideration.The City of Pearland, however, reserves the right to accept such proposal if it is determined to be in the City's best interest to do so. The City of Pearland may initiate discussions with vendors. Discussions may not be initiated by vendors.The City of Pearland expects to conduct discussions with vendor personnel authorized to contractually obligate the vendor with an offer.Vendors shall not contact any City of Pearland personnel during the proposal process without the express permission from the City's Purchasing Officer. The City of Pearland Purchasing Officer may disqualify any vendor who has made site visits, contacted City of Pearland personnel or distributed any literature without authorization from this office. All correspondence relating to this proposal, from advertisement to award, shall be sent to the City of Pearland's Purchasing Officer. All presentations and/or meetings between the City of Pearland and the vendor relating to this proposal shall be coordinated by the City of Pearland Purchasing Officer. No award can be made until the City of Pearland City Council approves such action. 1.1 EVALUATION FACTORS - Compliance with proposal requirements, qualifications, best value,delivery, pricing,and the needs of the end user department are all factors which will be considered when evaluating bids. After receipt of proposals, City of Pearland will use the following criteria in the selection process: After receipt of proposals, City of Pearland will use the following criteria in the selection process: Page 25 of 41 40% Fee Schedule; pricing for all line items listed in bid line items of E-bidding system. 25% Firm's Experience, Qualifications and Capacity; including demonstrated experience of prior work performed which is illustrative of capability in each of the work areas required herein; and further including documentation provided and maintained to assure compliance with Federal and state requirements; may include quality of provided references demonstrating firm's expertise. 20% Technical Approach; as referenced in item 2.0, page 23. 15% Qualifications of Key Staff. 3.0 TYPE OF CONTRACT The City contemplates award of a firm-fixed price contract resulting from this solicitation. It is a non-exclusive debris monitoring contract; and the City may award additional contract(s) to additional Contractor(s) at its sole discretion. 4.0 PERSONNEL TO CONTACT ON THIS SOLICITATION Offerors desiring an explanation or interpretation relative to this solicitation must request it in writing by 1:30 p.m., CST, September 4, 2017. Oral explanations or instructions will not be binding. Any information given to an offeror,which in the opinion of the City Purchasing Officer affects all offerors or would be prejudicial to other offerors if not communicated, shall be furnished to all other offerors as an addendum to the solicitation. Direct inquiries as follows: Bob Pearce—Purchasing Officer City of Pearland Purchasing Office Telephone: 281-840-0841 E-mail: ebids@pearlandtx.gov 5.0 SPECIAL ACCOMODATIONS FOR MEETINGS Persons with disabilities requiring reasonable accommodations to attend any scheduled meetings, please contact the City Secretary's Office at least forty-eight (48) hours in advance, excluding Saturday, Sunday and City observed holidays. Page 26 of 41 6.0 REQUIRED INFORMATION I DOCUMENTS All information and completed forms submitted by an offeror in response to this solicitation shall become an integral part of the resultant contract. 7.0 PREPARATION OF PROPOSALS 7.1 The offeror's authorized agent shall sign any document in which a signature is required. Proposals signed by an agent shall be accompanied by evidence of that agent's authority. Erasures or other changes must be initialed by the person authorized to sign for the offeror. 7.2 For each item offered in bid line items, offerors shall enter the unit price for all line items. Note: a blank line item, or response of"N/A" or "no-bid" may be result in the rejection of the proposal at the City's sole discretion. 7.3 Proposals for services other than those specified shall not be considered unless authorized by the solicitation. 7.4 Offerors shall thoroughly examine all statements of work I specifications, schedules, drawings, instructions, other documents and attachments, and references included or cited in this solicitation. Failure to do so will not constitute grounds for withdrawal of a proposal after proposal opening, for refusal to execute a contract if awarded by the City, or for a claim for equitable or other relief after the execution of a contract. 8.0 ISSUANCE OF ADDENDA 8.1 If this solicitation is amended, the City will issue an appropriate addendum to the solicitation. If an addendum is issued, all terms and conditions that are not specifically modified will remain unchanged. 8.2 Offerors shall acknowledge receipt of each addendum to this solicitation on the "Attributes"tab of the e-bid system. 9.0 DISCOUNTS FOR PROMPT PAYMENT Discounts for prompt payment will form a part of the award. 10.0 LATE SUBMISSION, MODIFICATION.AND WITHDRAWL OF PROPOSALS 10.1 Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be accepted. 10.2 The time and date stamp or annotation placed on the proposal package by Purchasing shall be conclusive as to the time of receipt. 10.3 Proposals may be withdrawn by written notice received at any time before the exact time set for proposal opening. A proposal may be withdrawn in person by an offeror or its Page 27 of 41 authorized representative if, before the exact time set for proposal opening, the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal. See provision entitle 'FACSIMILE DOCUMENTS'(15.0). 10.4 in an emergency and unanticipated event interrupts normal City processes so as to cause postponement of the scheduled proposal opening, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal City processes resume or to such other date and time as may be provided by the City Purchasing in a written notice to offerors. 11.0 CONTRACT AWARD-INVITATION TO PROPOSE 11.1 The City will evaluate submittals in response to this solicitation and contemplates awarding a contract to the offeror whose submittal conforms to the requirements of this solicitation. 11.2 The City may: 11.2.1 Reject any or all submittals; 11.2.2 Accept other than the lowest cost submittal; and 11.2.3 Waive informalities or minor irregularities in submittals received 11.3 The City may reject a submittal if the prices proposed appear materially unbalanced between the line items or sub line items. A submittal will be considered materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work and thereby creating a reasonable doubt that the submittal will result in the lowest overall cost to the City, even though it may be the apparent low proposal, or creating circumstances which are deemed tantamount to allowing an advance payment. 11.4 The City reserves the right to negotiate the final terms and conditions of the contract to be executed, In the event the City and the Contractor(s) are unable to agree upon all contract provisions,the City reserves the right to cease negotiations, and select another Vendor, or to reject all Proposals, If a Contractor intends to request that the City of Pearland execute a Contractor agreement or contract form in connection with the award of a contract, said form must be submitted with the proposal for review by the City's legal counsel during the evaluation of proposals. It shall be understood by all parties that all specifications herein, and responses by Offerors hereto, shall apply to, and be construed as a binding part of, any contract awarded as a result of this RFP. 12.0 APPROVAL OF RESULTANT CONTRACT The contract, which may result from this solicitation, is subject to approval by Pearland City Council and may be neither executed, nor binding, until so approved. Page 28 of 41 13.0 COSTS INCURRED BY OFFEROR The City will not be responsible,under any circumstances,for any submittal preparation costs or other costs incurred by any offeror before the execution of a contract between the City and the successful offeror(s). Appendix A:Special Conditions 2 C.F.R.§200.326 and 2 C.F.R.Part 200 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 II.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, 11B. 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 Page 29 of 41 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, 11C. b. Key Definitions. (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, 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. Page 30 of 41 (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. It does not apply to other FEMA grant and cooperative agreement programs,including 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 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, 11D. 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. Page 31 of 41 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 Act does not apply, neither does the Copeland "Anti-Kickback Act." 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. (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 II, ¶ 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 Page 32 of 41 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 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 Page 33 of 41 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 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 flours 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 Page 34 of 41 Business Firms tinder Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by 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, 11G. 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 t1.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 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. Page 35 of 41 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(Non-procurement 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 II, 11 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 (PDAT) 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 non-procurement transaction (unless accepted) at either a"primary"or"secondary"tier.Although "covered transactions"do not include contracts awarded by the Federal Government for purposes of the non-procurement 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: (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). Page 36 of 41 (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 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 PRAT 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 hid or offer exceeding$100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: Page 37 of 41 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 shaft complete and submit Standard Form- l.l_L, "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 $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 10. Procurement of Recovered Materials. a. Applicability: This requirement applies to all$EMA 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, ¶ 7. 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 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 Page 38 of 41 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 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, n 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 Page 39 of 41 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 representative 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 DHS Standard Terms and Conditions, v 3.0, l 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 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. Page 40 of 41 b.The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts: '?he 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." I I I I I Page 41 of 41 EXHIBIT B ilt TETRA TECH City of Pearland, Texas . •, • :, ., , te..-''.,.•,7. ,. ,-,,, fr ,,,.,.k. ,..,- ; *, • Al' 4...:v.*: ' 4 i... -.". .7 v,. -. *ow' ''1111111G. ...gra& 0; !.., .,.', . •,.. • I i J- . .1.•$ Ifziks,, A . tle4 '' '• "11 u.t. i , , i_ .„ , ,.4 ... . ... , . • f • 1 . io A =1 . . 1••„ l'_.•li • ••••,-,• -',.,‘,..`. ,,1 , . e lit -'1'. .. •''' '4..X\..-` ; i'. 0' I . I lb] '. 11' /./ZilV.W.f., ''' -, %.'.•• . , ,,,.1 • ...1 6i' V14-77-- .'f ''',71.- ,:. VI.1 i , •''- . "11'.. '.5. , . -AZ , . ., _ ri.' ' ..41 V t7 WIF. :•......'f,..::t..;'' ,..4."h.- . . . r " ::;...',44.,,; •.• - . % - , : __,,_ .r. _ , ,i•I ._ I goal"••*• •k • ' Ilk: ' •• --*'',. 5:•••••114: , • i'i'' , • -;• -.,,e4.r. .... ',.• "r,r,,...v,.v. . ,,.. 4:1! .; . ,,,,,,,, ,, ; 3,..1..,',. ., ...At.-4 .... . , . . . ,...,,..,41, ,.,;••,,itt,,, ..!;$4,!:), ,, . ' - •-•° 1 Irl ,•J. • . 0.' . .., .*•r...4,e- / - •tft...,T;!:-'--.4ft:::';';''''; * . ' •.' ', * 1' 'I ' ' : ' ti A.4 r 'Ci' ' \ '- • litria ' .i: • , . , . • •. • s -'4-..• , , .,-- '''' :.,. ., . . • ....,, . .--,--._.--m7,•e,,. —. , porriLitt „ , ..irt.'''' • . , . ,-.. .... v . i . rt,„ • . e..........._ _.,, . ; , . ' " ' ' ..,,,. , 4 Debris Monitoring Services (RFP/Bid #0917-63) 7 I f -TAW c ''-',•--. . f• •:- '' -,11. - . /i \ . i complex world !CLEAR SOLUTIONS' Proposal I Electronic 1 September 2017 'it TETRA TECH Submitted Electronically September 5, 2017 Subject: RFP No. 0917-63 Debris Monitoring Services Dear Members of the Evaluation Committee, Tetra Tech, Inc. is honored to submit the enclosed information regarding providing debris monitoring and consulting services for the City of Pearland (City). With over$2.5 billion in annual revenue, more than 16,000 employees, and extensive debris monitoring experience in Texas, Tetra Tech has both the financial and staffing resources to successfully provide disaster management consulting services to the City. Tetra Tech is a recognized leader in disaster debris monitoring nationwide and is well suited to assist the City for the following reasons: Immediate Response to the City's Needs. Tetra Tech is prepared to provide immediate engineering, environmental, accounting, and Federal Emergency Management Agency(FEMA) Public Assistance (PA) eligibility expertise and offers the full range disaster debris monitoring services. As demonstrated by our work with numerous Texas communities following Hurricane Ike, we will continue to stand by the City for years following the disaster. With seven offices throughout Texas, our team is able to respond to the City within minutes, not hours. Our staff continuity is unparalleled in the industry. We stand ready to assist the community immediately upon issuance of a notice to proceed. Unmatched Texas Debris Management Experience and History Assisting Neighboring Communities. Our team has assisted over 100 communities in Texas with response and recovery efforts following Hurricanes Ike, Dolly, and Rita; the 2011 Texas Drought and Wildfires; the May and October 2015 Floods; and the 2016 Severe Weather Events. Our team has monitored the collection, removal, and FEMA reimbursement of over 16.8 million CYs of disaster-generated debris in Texas. As a result, we have an in-depth understanding of the challenges the City's debris operations may face. For example, Tetra Tech is prepared to assist the City with residential drop-off debris site coordination and management. Additionally, key members of our staff also train local governments throughout the state on debris management issues for organizations such as the North Central Texas Council of Governments, Houston-Galveston Area Council, Texoma Council of Governments, Capital Area Council of Governments, Texas Public Works Association, and the Texas Division of Emergency Management Conference. In addition, our team has assisted in developing debris management plans and other emergency management plans for numerous Texas communities, including Collin County, City of Dallas, Fort Bend County, Brazoria County, City of Grand Prairie, Parker County, and City of Corpus Christi, among others. Automated Debris Management System (ADMS) Technology. RecoveryTrac-allows our staff to monitor and manage a recovery effort electronically, increasing productivity while decreasing fraud, human error, and cost to the community. RecoveryTrac'" provides real-time debris collection tracking and accurate and timely reporting. RecoveryTracTM was designed to provide real-time data on missed pickups, damage caused by debris haulers, waypoints for every pile of debris picked up, and street-level pass maps, which will meet the unique data needs of the City. In addition, RecoveryTracTM was approved by the United States Army Corps of Engineers (USACE) and meets their specifications for ADMS technology(Contract Number W912P8-14-D-0028/31). The specifications set forth by the USAGE are designed to support the largest and most devastating disasters. FEMA and Texas Division of Emergency Management (TDEM) Relationships Through Past Work History. Tetra Tech maintains a staff of reimbursement experts who have recovered millions of dollars of eligible FEMA PA reimbursement costs incurred by our clients. Key members of our team include Mr. John Tetra Tech, Inc. 2901 Wilcrest Drive, Suite 400, Houston, TX 77042 Tel 321-441-8500 Fax 321-441-8501 tetratech.com Buri, who has provided reimbursement and audit support to FEMA Region VI and TDEM since 2005, and Mr. Dick Hainje, former regional administrator of FEMA Region VII. These individuals meet frequently with state officials and FEMA Region VI on matters related to reimbursement policies. Tetra Tech would be honored to serve as the debris monitoring and consulting services provider for the City. We are fully prepared to provide the high quality service that all respective communities expect. For questions regarding this response, please feel free to contact the representatives listed below. As an authorized representative of the firm, I am able to contractually bind the firm. Technical representative: Contractual representative: Mr. John Buri Ms. Betty Kamara 2901 Wilcrest Drive, Suite 400, Houston, TX 77042 2301 Lucien Way, Suite 120, Maitland, FL 32751 (832) 251-5197 I (713) 737-5763 (407) 803-2551 I (321)441-8501 (f) john.buri@tetratech.com betty.kamara(@tetratech.com Sincerely, Tetra Tech, Inc. g4-41Z-- asej Jonathan Burgiel, Vice President 2301 Lucien Way, Suite 120, Maitland, FL 32751 (321)441-8510 I (321)441-8501 (f) jonathan.burgiel(ctetratech.com Tetra Tech, Inc. 2 Table of Contents TABLE OF CONTENTS Letter of Transmittal Qualifications of the Firm and Staff SECTION 1 • Project Profiles • Evidence of Insurance Technical Approach SECTION 2 Cost Proposal SECTION 3 Required Forms SECTION 4 • Insurance Requirements ■ Non-Collusion Statement o Corporate Resolution • Contractor Questionnaire • CIQ Form • References a Bidder's Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion • Proposal Certification Form ■ Disclosure of Lobbying Activities ■ Certification for Contracts, Grants, Loans, and Cooperative Agreements Exceptions SECTION 5 1 1 TETRA TECH Section 1: Qualifications of the Firm and Staff QUALIFICATIONS OF THE FIRM AND STAFF 1.1. FIRM QUALIFICATIONS Description and History of the Firm Tetra Tech, Inc., (Tetra Tech) is a leading provider of consulting, engineering, and technical services worldwide. Founded in 1966, Tetra Tech is one of the leading firms in the nation in the field of disaster management and homeland security, with millions of dollars in revenue coming from contracts in such diverse areas as infrastructure hardening and protection; disaster recovery; emergency management, planning, and preparedness; community resilience; and grant management. Tetra Tech supports government and commercial clients by providing innovative solutions to complex problems focused on water, environment, energy, infrastructure, and natural resources. With 16,000 employees worldwide, Tetra Tech's capabilities span the entire project life cycle. Dedicated to helping state and local governments plan for and recover from natural and human-caused disasters, our staff members offer a field-tested and proven methodology for emergency readiness, continuity planning, and disaster recovery. Our team is recognized for its ability to quickly respond to a broad range of emergencies, allowing our clients to return to the business of running their day-to-day operations. Likewise, our team's understanding of the Federal SICESTORMS Emergency Management Agency(FEMA), the Federal Highway Administration (FHWA) (including recent 19 HURRICANES 4 SNOW STORMS changes), and other reimbursement agencies' pCTIV' requirements for eligibility, documentation, and reimbursement helps clients receive the maximum - reimbursement allowed. Our team has obtained over Al 8 FLOODS $4 billion in reimbursement funds for our clients from federal agencies such as FEMA, FHWA, and the Natural Resources Conservation Service (NRCS). In .11 total, our team has successfully managed the removal of 1 DROUGHT and reimbursement for over 77 million cubic yards 4 TROPICAL STORMS (CYs) of debris as well as the demolition of over RIMY 5,000 uninhabitable residential and commercial 6 TORNADOES structures. Within our proposal, we demonstrate that: • We are duly qualified to perform the scope of work required by the City of Pearland (City), as evidenced by our staff's extensive qualifications for many of the nation's most catastrophic disasters and our team's previous experience with disaster recovery in Texas over the past 10 years. • We are committed to providing the City with skilled resources within the time frames specified by the City, as evidenced by the depth of experience of our senior management team and project management team, their historical performance across Texas and the City. • We offer a proven and successful technical and management approach that has been refined in disaster activations across the United States, including 16 projects with over 1 million CYs of debris, as evidenced by our team's detailed scope of work and significant work history in the disaster response marketplace and within the State of Texas • We offer detailed reporting, real-time debris collection tracking, and mapping capabilities that are driven by our RecoveryTracTM automated debris management system (ADMS)technology, which allows our staff to monitor [hj TETRA TECH 1-1 Section 1: Qualifications of the Firm and Staff and manage a recovery effort electronically in addition to increasing productivity while decreasing fraud, human error, and cost to the City. • We have the financial resources and cash flow for a large and long-term recovery effort. 1.2. KNOWLEDGE AND EXPERTISE IN DEBRIS MANAGEMENT Recent Debris Monitoring Experience Our team has vast experience providing disaster management, recovery, and consulting services to state and local government agencies. Our approach includes partnering with our clients to establish and test the necessary plans and procedures before a disaster strikes and assisting with disaster response and recovery operations as well as post-disaster grant management. One of the keys to maintaining readiness in the field of disaster response and recovery is remaining active year-round. Our team has responded to 20 major disaster declarations since 2011, totaling over 140 clients throughout the country. Exhibit 1-1 provides an abbreviated experience matrix for projects conducted since 2011. Tetra Tech can provide additional information upon request. Profiles and references from specific projects are featured later in this section. Tetra Tech can provide additional projects and information upon request. Exhibit 1-1: Experience Matrix42011-2017) c L C a1 5 al C O O _ CO O — C > m a� To O O > ' E C C 2 O O d N :. E o. $ E u ry 0. H m c rn N a N .n la aCi c c rn O E c c O c U cYo c O p '° y E U o 'C G, c O . >. C, G, N C o h Fill O m E OU O d w . Q U c 0 U CC C Q Q cn Event/Client Year Cubic Yardage U U E e ,„ J 0 m Q: �et f° w w o I 0 2 1 � 0 LL LL Q TEXAS TORNADOES—2017 Total Cubic Yards of Debris—93,000 I Total Clients—1 Texas Department of Transportation 2017 13,000 ■ • • ■ ■ ■ ■ ■ GEORGIA TORNADOES—2017 Total Cubic Yards of Debris—920,000 i Total Clients—2 Albany County, GA 2017 380,000 ■ ■ i ■ I ■ la ■ ■ Dougherty County,GA 2017 540,000 • ■ ■ • ' ■ ■ ■ ■ ■ HURRICANE MATTHEW—2016' Total Cubic Yards of Debris—8,739,550 (Estimated) I Total Clients—34 I Representative c Tents listed below. Brevard County, FL 2016 820,779 ■ ■ ■ ■ ■ ■ ■ City of Deltona,FL 2016 116,935 • • ■ ■ ■ • • • 1 Ongoing debris collection operations 'h]TETRA TECH 1-2 Section 1: Qualifications of the Firm and Staff w to •C C of cn C 6 E o C 7 y - Q rn o Cas 2 o p m ail co +'o t Ei c •c 2 o E oo o a •o 1'1 a a y u) W .0 C r .2 C :i+ 2 0 N C 7 c• o c 3 as c 0 y °r a 'Q a g o E U m m aci c f h c E •c Ia � . 'oi o 'o i W t Q C) U tY u) E d 0- n c U) V W w 2 Event/Client Year Cubic Yardage a v o 1° m 2 CO o 03 o wu. ttui Q Flagler County,FL 2016 129,687 ■ ■ ■ ■ ■ ■ ■ ■ City of Holly Hill,FL 2016 137,094 ■ ■ , ■ I • i , ■ a ■ ■ Liberty County,GA 2016 182,468 ■ ■ ■ • , ■ ■ ■ ■ City of New Smyrna Beach,FL 2016 203,981 ■ ■ ■ ■ ■ ■ • • City of Port Orange,FL 2016 428,244 a ■ ■ ■ es ■ ■ • St. Johns County,FL 2016 712,705 ■ a • i ■ • a ■ City of South Daytona,FL 2016 93,120 ■ • in ■ i i a • ■ • Volusia County,FL 2016 1,058,334 ■ ■ ■ ■ ■ ■ • ■ Beaufort County,SC 2016 1,609,243 ■ a ■ ■ ! ■ ■ • a ■ Hilton Head Island,SC 2016 2,187,080 ■ ■ • a a • ■ • Horry County,SC 2016 187,395 ■ ■ a ■ a ■ • ■ City of Myrtle Beach, SC 2016 128,174 ■ ■ ■ • , ■ a ■ ; ■ SEVERE STORMS AND FLOODING—20162 Total Cubic Yards of Debris—1,481 I Total Clients—2 Ascension Parish, LA 2016 390,000 • a • i 11111ill ` a j • • ■ Iberville Parish, LA 2016 46,264 a a a ■ a ■ ■ WILDFIRES—20162 Total Cubic Yards of Debris—2,875 I Total Clients --_ . ... Kern County, CA 2016 T&M2 ■ • ■ ■ • • ■ • ■ : ■ ■ Monterey County, CA 2016 T&M2 ■ ■ ■ ■ ■ ■ SEVERE STORMS AND FLOODING—2016 lir Total Cubic Yards of Debris—313,800 I Total Cliens Brazoria County,TX 2016 19,000 a a ■ 1 a a In ■ City of Houston,TX 2016 193,951 ■ ■ ■ ■ ■ ■ 1 ■ Harris County,TX 2016 39,940 ■ i IN IN ■ ■ ■ ■ Montgomery County,TX 2016 53,208 a ■ a 1 a a a i ■ Waller County,TX 2016 1,294 a a i a J , i ■ i a a i ■ 2 Time and materials contract documentation 'T TETRA TECH 1-3 Section 1: Qualifications of the Firm and Staff .. 0) L c cn 0) C O c .. w c s = a eno c > m 0 m 2 Too 0 A > +• E c c u 63 1'i a m w :e rn C a 0 .n A go F. m (..) o c w ' 2 o 2 w E w = ° y N w m U >, c c U) c o c 3 c o d c 0 B. E g o w c 2 in m E • m w E d ° -a 0 x c e: v o coy P. 2 S d W .c a t 0 a a N Event/Client Year Cubic Yardage o o 2 ni c 2 m O a m w w o General Land Office, TX 2016 6,395 ■ ■ ■ a ■ • ■ WILDFIRES—20151 Total Cubic Yards of Debris-38,000 I Total Clients—2 , Lake County,CA 2015 38,000 ■ ■ ■ ■ ■ ■ I • i ■ , ■ ■ Calaveras County, CA 2015 T&M2 ■ a ■ ■ ■ , ■ ■ • ■ ■ SEVERE STORMS—20151 Total Cubic Yards of Debris-199,578 I Total Clients-3 Friendswood,TX 2015 8,800 • ■ ■ i l ■ ■ • • Hays County,TX _ 2015 132,100 • -■ ■ ( ■ ■ ■ ■ I • ■ Caldwell County,TX 2015 58,678 ■ ■ a ■ • ■ • ' a a FLOODING—20151 Total Cubic Yards of Debris—293,750 I Total Clients—10 I Representative clients listed below. City of Houston, TX 2015 240,725 ■ ■ ■ ■ • ■ a Hays County,TX 2015 10,900 • IN ■ • ■ ■ ■ ■ • Town of Wimberley,TX i 2015 18,922 ■ ■ • • ■ , ■ ■ ■ ■ Caldwell County,TX , 2015 1,320 ■ • , • ■ ■ 1 ■ ■ ■ ' • City of San Marcos,TX 2015 5,590 ■ , ■ ■ ■ ■ ■ ■ • ' ■ FLOODING-2014 Total Cubic Yards of Debris—10,000 I Total Clients- Escambia County, FL 2014 10,000 • ■ • • • ■ ■ TORNADO-2014 Total Cubic Yards of Debris-179,851 I Total Clients-2 r Umestone County,AL 2014 104,256 • • ■ ■ ■ ■ ■ ■ ■ Blount County, AL 2014 75,595 ■ a ■ , ■ ■ ■ ■ • ■ ICE STORM-2014 Total Cubic Yards of Debris-1,041,047 I Total Clients-7 Augusta-Richmond County, 739640, f. 2014 • ■ ■ • I ■ • • ■ ■ _ GA Sumter County,SC 2014 104,722 j ■ ■ ■ ■ • ' ■ ■ ■ 1 ■ i Dorchester County,SC 2014 91,850 1 ■ ; ■ i ■ j I ■ ■ 1 ■ ■ ■ ■ Clb TETRA TECH 1-4 Section 1: Qualifications of the Firm and Staff ... pr = C Of V E p) C 0 •'' C a+ E = a a) = 0 o c > co ea R o 0 C u o re 0. 0 W :� en c a cn Ix la 0) C c En E c a c o c 0 r ;a, o 0 0 , E di > .- 0 m t` a> m co C O C N E 'C [ O 10 3 c g o 3 o a' 'c cu u 0. E w c 2 a ■ E m ai E lie) 2 l . y 'O y W .0 Q °' V V < to a m 0- c u) o w _c Q Q Event/Client Year Cubic Yardage E o .N • y 2 w 0 az o w w I 0 0_ 0 0 x _�—�._ _a 2 0 U.._. Li-_ 4_ Barnwell County,SC 2014 85,703 • • ■ ■ • ■ ■ ■ ■ Colleton County,SC 2014 61,883 a • • I ■ I ■ ■ ■ ■ ■ City of Sumter,SC 2014 35,424 ■ ■ ■ a 1 ■ _ ■ a ■ ■ I r Hampton County,SC 2014 15,495 ■ ■ a ' ■ , a ■ ■ ■ FLOODING—2013 Total Cubic Yards of Debris—140,000* I Total Clients—1 Boulder County, CO 2013 140,000* ■ ■ ■ ■ ■ ■ ■ ■ ■ ' ■ ICE STORM—2013 Total Cubic Yards of Debris—100,664 I Total Clients -1 City of Rapid City, SD 2013 100,664 ■ ■ ■ ■ ■ ■ ■ • ■ ICE STORM—2013 Total Tons of Debris—79,925 I Total Clients—1 ? City of Sioux Falls, SD 2013 79,925* ■ • ■ a ■ ■ in ■ • HURRICANE SANDY—2012 Total Cubic Yards of Debris—272,931 I Total Clients—13 I Representative clients listed below. New Jersey Department of 2012 193,706 ■ ■ a a a a a a a a Environmental Protection Borough of Sayreville,NJ 2012 27,800 ■ ■ ■ a ■ a a a a Town of Fairfield,CT 2012 13,300 ■ ■ ■ a ■ ■ ■ a HURRICANE ISAAC—2012 Total Cubic Yards of Debris—721,672 I Total Clients—5 I Representative clients listed below. .. Jefferson Parish, LA 2012 270,136 • ■ a a ■ t ■ ■ • St.John the Baptist Parish, LA 2012 225,000 is ■ a • ■ a ■ a ■ a City of New Orleans, LA 2012 177,443 ■ ' ■ ■ ' • ■ ■ ■ ■ TROPICAL STORM DEBBY—2012 Total Cubic Yards of Debris—7,253 I Total Clients—3 I Representative clients listed below. 3----- Clay County, FL 2012 3,777 ■ a I ■ • Pasco County, FL 2012^ 2,583 I ! a ■ I ■ ■ HURRICANE IRENE—2011 Total Cubic Yards of Debris—573,200 I Total Clients—22 I Representative clients listed below. TETRA TECH 1-5 Section 1: Qualifications of the Firm and Staff a) L c 01 p) C 8 '•' C ♦+ O •c ig E o _ c o Q O7 2 To O a7 Es) w r it v2' a,L° " z. re C dc a u a tu 0 c o c o c ol 2 N E d o 2 V w o . cI. >in E ■ a E :o .. co C o _ I. c to m o E c m .2 ° E ovO. u° -0,.. 4-3 w .c < co 4, Q E o. c ca o w •c 1° % % E Event/Client Year Cubic Yardage 0 0 o = SI A m 0 2 O u. uw. Q Dare County,NC 2011 145,700 j • ■ -_ I a in , ■ VA Dept.of Transportation 2011 132,600 ! • • • � ■ ■ • i Lenoir County,NC 2011 127,000 • : • ■ ■ ■ City of Virginia Beach,VA 2011 55,600 ■ ■ • • a ■ Henrico County,VA 2011 26,950 ■ • • • • • TEXAS DROUGHT&WILDFIRES-2011 Total Cubic Yards of Debris-990,868 i Total Clients-2 Bastrop County, TX 2011 773,068 • • ■ • • ■ • City of Houston, TX 2011 271,800 ■ ■ • ■ • • • NOR'EASTER(WINTER STORMS)-2011 Total Cubic Yards of Debris-1,787,201 I Total Clients-19 I Representative clients listed below. CT Dept.of Transportation 2011 436,410 ■ in a ■ • ■ Town of West Hartford,CT 12011 321,682 • a 1 ■ I lain ■ 1 Town of South Windsor,CT 2011 234,764 ■ ` is ■ ■ • ■ _ Town of Enfield,CT _2011 189,090 1 • 1 ■ ■ __■ ■ Town of Manchester, CT 2011 153,575 • . ■ • ■ ■ ■ TORNADOES-2011 Total Cubic Yards of Debris-61,458 I Total Clients-4 I Representative clients listed below. USACE/Elmore County,AL 2011 33,220 ■ a • USACE/Tuscaloosa County, I AL 2011 ! 18,878 ■ ! • 1 ■ _J____._ ... 1 *Cubic yardage volume converted from tons using FEMA conversion ratio Large-Scale Debris Monitoring Experience Our team understands the significant resource commitment and effort that is necessary to manage and monitor large-scale debris removal operations for local governments. We have monitored and obtained FEMA, FHWA, and NRCS reimbursement on 16 debris removal projects in excess of 1 million CYs of debris. Tetra Tech takes great pride in the reliability of our service. Clients count on us to respond in their time of need, and we deliver. Our team has never failed to respond to our clients' deployment and mobilization needs, regardless of location or type of disaster. Exhibit 1-2 summarizes our team's experience serving as the prime contractor on large- scale debris monitoring projects for over 500,000 CYs of debris in the past 10 years. Our services under these 't TETRA TECH 1-6 Section 1: Qualifications of the Firm and Staff engagements included environmental permitting, DMS monitoring, contractor invoice reconciliation, and federal grant reimbursement support. Exhibit 1-2: Summary of Our Large-Scale Debris Monitoring Activations Client Disaster Year Cubic Yards Monitored Escambia County,Florida Hurricane Ivan 12004 5,385,084 City of Gulfport, Mississippi Hurricane Katrina 2005 2,891,220 Miami-Dade County,Florida J Hurricane Wilma t 2005 I 2,571,871 Harrison County, Mississippi Hurricane Katrina 2005 2,494,971 Santa Rosa County, Florida Hurricane Dennis 2005 I 1,708,085 Escambia County,Florida Hurricane Dennis j 2005 �' 1,589,182 Jefferson County,Texas Hurricane Rita 2005 1,448,027 City of Pensacola,Florida Hurricane Ivan 2005 1,381,670 City of Pembroke Pines,Florida Hurricane Wilma 2005 j 919,200 City of Plantation, Florida Hurricane Wilma 2005 796,369 City of Fort Lauderdale, Florida Hurricane Wilma 2005 614,711 City of Boca Raton,Florida Hurricane Wilma 2005 585,351 City of Hollywood, Florida Hurricane Wilma 2005 585,331 City of Miramar, Florida Hurricane Wilma 2005 513,127 City of Waveland,Mississippi Hurricane Katrina 2005 512,820 Town of Amherst, New York [ Buffalo Snow Storm 1 2006 778,421 City of Springfield,Missouri Midwest Snowstorms 2007 1,442,727 Greene County, Missouri Midwest Snowstorms 2007 572,319 City of Norman,Oklahoma Midwest Ice Storm 2007 536,581 City of Houston,Texas Hurricane Ike 2008 5,469,167 City of Bolivar,Texas Hurricane Ike 2008 2,699,683 Harris County,Texas Hurricane Ike 2008 2,395,475 City of Galveston,Texas Hurricane Ike 2008 1,810,857 Galveston County,Texas Hurricane Ike 2008 859,496 City of Baytown, Texas Hurricane Ike 2008 817,603 — City of Beaumont,Texas Hurricane Ike 2008 747,901 Montgomery County,Texas Hurricane Ike 2008 697,441 Chambers County,Texas Hurricane Ike 2008 630,234 Hidalgo County,Texas Hurricane Dolly 2008 628,307 Orange County,Texas ! Hurricane Ike 2008 616,527 Bastrop County,Texas Texas Drought and Wildfires 2011 773,068 u Augusta-Richmond County,Georgia Winter Storm Pax 2014 739,640 Volusia County,Florida Hurricane Matthew 2016 1,058,334 Beaufort County,South Carolina Hurricane Matthew 2016 1,609,243 Hilton Head Island,South Carolina Hurricane Matthew 2016 2,187,080 Brevard County, Florida Hurricane Matthew 2016 820,779 St.Johns County, Florida Hurricane Matthew 2016 712,705 lt TETRA TECH 1-7 Section 1: Qualifications of the Firm and Staff Ability to Respond Clients count on us to respond in their time of need, and we deliver. Our team has never failed to respond to our clients' deployment and mobilization needs, regardless of location or disaster event. Tetra Tech understands the organized chaos of an effective response and recovery. Many team members have served in government positions at all levels and have been responsible for executing plans and managing forward-deployed response teams. Tetra Tech has staffed every Incident Command System (ICS) position within an emergency operations center(EOC). Additionally, our staff has supported public information efforts and provided research and administrative support to assist response operations. Historically, Tetra Tech team members have been called upon to provide staff positions in federal, state, and departmental EOCs, mobile command post, and FEMA's Joint Field Offices nationwide. Our team's staff have previously served in both incident command senior leadership and operational capacities and are prepared to bolster the City's response and recovery operations, providing redundancy and freeing Orange County staff to serve in their critical command and control functions. These professionals have first-hand disaster support experience, including massive field and EOC deployments for 9/11; Space Shuttle Columbia Disaster; Hurricanes Frances, Ivan, Katrina, Rita, Ike, Gustav, and Irene; the Joplin, Missouri tornado; and numerous smaller disasters, including other tornadoes, flooding, ice and winter storms, heat emergencies, and human-made disasters. Tetra Tech has the proven capability to rapidly deploy team members to field operation sites within 12 to 24 hours of being notified. The Tetra Tech team members have personally hired and deployed approximately 10,000 emergency response personnel collectively for over 50 disaster events. Exhibit 1-3 highlights some of Tetra Tech's representative deployment mobilization response periods. Exhibit 1-3: Representative Tetra Tech Response Deployment Event and Year Staff Mobilized Mobilization Periods* Hurricane Charley(2004) 150 3 days Hurricane Frances(2004) 75 2 days Hurricane Jeanne(2004) 50 2 days Hurricane Ivan(2004) 600 5 days Hurricane Dennis(2005) 250 5 days Hurricane Rita(2005) 200 7 days Hurricane Katrina(2005) 500 14 days Hurricane Wilma(2005) 1,500 14 days Buffalo Snowstorms(2006) 250 5 days Midwest Severe Winter Storms(2007) 200 7 days Midwest Severe Winter Storms(2008) 150 7 days Hurricane Dolly(2007) 150 5 days Hurricane Gustav(2008) 250 5 days Hurricane Ike(2008) 3,200 10 days * Hurricane Irene(2011) 500 5 days State of Connecticut Snowstorm(2011) 450 7 days — Hurricane Isaac(2012) 400 3 days Hurricane Sandy(2012) 90 — _ 4 days Hurricane Joaquin(2015) 12 10 days California Wildfires(2015) 100 _ 2 days Texas Flooding—(May 2015) 150 3 days Texas Flooding—(October 2015) 50 2 days Hurricane Matthew(2016) 890 5 days I'h TETRA TECH 1-8 Section 1: Qualifications of the Firm and Staff Texas Experience Our team has assisted over 100 communities in Texas with response and recovery efforts following Hurricanes Ike, Dolly, and Rita; the 2011 Texas Drought and Wildfires; the May and October 2015 Floods; and the 2016 Severe Weather Events. Our team has monitored the collection, removal, and Federal Emergency Management Agency(FEMA) reimbursement of over 16.8 million CYs of disaster-generated debris in Texas. As a result, we have an in-depth understanding of the challenges the City's debris operations may face. Key members of our staff also train local governments throughout the state on debris management issues for organizations such as the North Central Texas Council of Governments, Houston-Galveston Area Council, Texoma Council of Governments, Capital Area Council of Governments, Texas Public Works Association, and the Texas Division of Emergency Management Conference. In addition, our team has assisted in developing debris management plans and other emergency management plans for numerous Texas communities, including Collin County, City of Dallas, Fort Bend County, Brazoria County, City of Grand Prairie, Parker County, and City of Corpus Christi, among others. The Tetra Tech team is just finishing the development of a disaster debris management plan for the City of DeSoto, Texas, and has in-depth knowledge of the region as a result. Each project required our team to coordinate closely with state and federal partners including the Texas Commission on Environmental Quality(TCEQ), Texas Division of Emergency Management(TDEM), Texas Department of Transportation (TxDOT), General Land Office (GLO), FEMA Region VI, U.S. Environmental Protection Agency (EPA) Region VI, NRCS, and U.S. Fish and Wildlife. Below is a representative list of the many Texas communities our team has assisted. 1.3. EXPERIENCE COORDINATING WITH FEDERAL, STATE, AND LOCAL FUNDING SOURCES AND REIMBURSEMENT PROCESSES Throughout the course of the hundreds of debris management and grant management projects that our staff has administered for state and local governments across the United States, our team has developed a unique understanding of the FEMA organization and other regulatory agencies' policies and procedures. Our team maintains strong relationships with many of the lead federal coordinating officers, debris specialists, Public Assistance (PA) coordinators and officers, and other staff. Our team also understands the duties and responsibilities of emergency management personnel at the state and local level, which helps us build strong relationships. Our team has worked with hundreds of local government emergency management agencies and dozens of state emergency management organizations following disaster debris-generating events. Our team has worked closely with FEMA and FHWA staff in the determination of debris eligibility, data requirements, project worksheet/detailed damage inspection report development, auditing of documentation, and reimbursement requirements. This includes providing step-by-step assistance to clients throughout the FEMA reimbursement process. To maximize PA funding for our clients, our staff members maintain a working relationship with FEMA at the headquarters, regional, and local levels. Constant communication and regular interface with FEMA allows our team to obtain quick responses on disaster-specific guidance and issues. Moreover, Tetra Tech maintains a full-time staff to assist our clients in obtaining reimbursement. Mr. Dick Hainje, former regional administrator of FEMA Region VII, has been responsible for deploying and managing over 2,000 emergency management employees following disasters and created a long-term community recovery process for FEMA Region VII. Mr. Hainje has assisted our clients with navigating the reimbursement process and obtaining clarification on FEMA policies. Mr. Hainje also led the response, recovery, and mitigation for the historic 2008 Midwest flooding event, where he was the regional administrator in charge of over 1,000 FEMA employees deployed to this event. ITh TETRA TECH 1-9 Section 1: Qualifications of the Firm and Staff Additionally, our data management and document storage procedures are tailored to facilitate FEMA review of the WHAT DO OUR CLIENTS SAY? generation of project worksheet versions throughout the "Your team assisted us with FEMA PA Grant Program project. Our FEMA appeals and funding specialists application and administration, FHWA ER technical have worked with FEMA closeout officers to obtain assistance, FEMA HMGP grant application, and HUD millions of previously deobligated dollars for CDBG-DR project identification, technical assistance, communities. and application development representing a combined estimated$280 million in federal grants—the largest In the field, our operations managers and field supervisors grant application in Boulder County's history. fully understand FEMA rules and regulations for hand- loaded vehicles; stump, limb, and tree removal at unit Boulder County has been very pleased by the work of rates; volumetric load calls at temporary disposal site your team and would absolutely recommend them to locations; and right-of-way (ROW) debris removal any other state or local government agency in the eligibility. This allows us to monitor contracts to the aftermath of a disaster." smallest detail while concurrently managing and Michelle Krezek, Commissioners' Deputy documenting the operation using proven methodologies Boulder County, Colorado that maximize FEMA reimbursement. Our understanding 4_ of reimbursement agencies'requirements for eligibility, documentation, and reimbursement has helped our clients obtain over$4 billion in reimbursement funds from federal agencies such as FEMA, FHWA, and the NRCS. Special Programs Management Our team is experienced with all facets of the debris removal monitoring industry, including special disaster recovery program management services. Some examples of special programs our team has managed and administered include the following: • Animal carcass removal and disposal • Leaner, hanger, and stump removal • Asbestos abatement • Marine/waterway debris removal • Beach remediation/restoration • Private property demolition/debris removal • Construction and demolition debris • Nuisance abatement ordinance administration • Creosote piling • Saltwater killed tree removal • Disposal site management • Subsurface storm drain debris removal • Drainage and canal debris removal • Vessel and vehicle recovery • E-wastes • Wetland and parkland debris • Food waste removal • White goods debris removal • Hazardous waste debris removal • Woodchips/ashes Private Property/Right-of-Entry Debris Removal Our team has administered many of the largest PPDR programs in U.S. history, including projects for New Orleans, Louisiana; Gulfport, Mississippi; Bastrop, Texas; and Escambia County, Florida. Tetra Tech assists communities with ensuring they have the legal authority via local and state ordinances to enter onto private property. Our team also assists with preparing submittal packages for FEMA to approve the program, promoting the ROE program with residents, and ensuring the program is properly documented. Exhibit 1-4 is a representative list of our experience in assisting clients with PPDR activities and demolition program management. lb TETRA TECH 1-10 Section 1: Qualifications of the Firm and Staff Exhibit 1-4: PPDR and Demolition Program Management ill Di a) H c ix on OI c)O N C i. c 'C c C a) p 2 .+ 2 N C E >, E o is « C it E E Nl a C N E `O >, d a) C O d ! Iiii1J1 : ! $ c, d > .c ' o Client Disaster/Year a Q c d 3 o Dougherty County, GA Hurricane Matthew g016) • • ■ Lake County, CA Wildfires(2015) ■ • ■ ■ ■ ■ ■ ■ ■ Hays County,TX Flooding(2014) • ■ ■ ■ ■ ■ in ■ ■ Boulder County,CO Flooding(2013) • • ■ ■ ■ ■ ■ • • ■ Middletown,Township of,NJ Hurricane Sandy(2012) ■ _ ■ ■ ■ ■ ■ St.John the Baptist Parish,LA Hurricane Isaac(2012) ■ ■ ■ ■ ■ ■ Bastrop County,TX Wildfires(2011) ■ • ■ ■ ■ • ■ ■ ■ Comanche Nation,OK Ice Storm(2009) ■ ■ ■ , ■ ■ Cedar Rapids,City of,IA Flooding(2008) ■ ■ ■ ■ _ ■ ■ ■; University of Iowa Flooding(2008) ■ ■ ■ ■ • ■ ■ Galveston,City of,TX Hurricane Ike(2008) ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■. Terrebonne Parish,LA Hurricanes Ike(2008) ■ ■ • ■ ■ ■ ■ ■ ■ ■ ■ Iberville Parish,LA Hurricane Gustav(2008) • ■ • ■ ■ ■ ■ ■ New Orleans, City of, LA Hurricane Katrina(2005) • ■ ■ ■ ■ ■ ■ ■ ■ ■ • Waveland,City of,MS Hurricane Katrina(2005) ■ ■ ■ ■ ■ • ■ ■ ■ ■ Naples, City of, FL Hurricane Wilma (2005) ■ ■ ■ ■ ■ Waterways Debris Removal Our team has worked extensively with local, state, and federal agencies (including the United States Army Corps of Engineers (USAGE) and the National Oceanic and Atmospheric Administration) to determine legal responsibility and to evaluate and implement marine debris removal programs. Our team has performed multiple projects for Monroe County, Florida (the Florida Keys), to remove derelict vessels and traps from waterways following Hurricanes Katrina, Gustav, Ike, and Wilma. Following Hurricane Ike, our team assisted Galveston City Municipal Utility District#12, Jefferson County Drainage District#7, the Trinity Bay Conservation District, and the Harris County Flood Control District with inland waterway debris removal assignments. We will help the City legal staff rapidly determine legal responsibility for waterway debris removal, verify scope eligibility, and document the work in a fashion deemed appropriate by reimbursement agencies. Our team members monitored marine and vessel debris removal efforts following Hurricane Sandy on behalf of the New Jersey Department of Environmental Protection (NJDEP) and following Hurricane Matthew for the Florida Department of Environmental Protection (FDEP). Th TETRA TECH 1-11 Section 1: Qualifications of the Firm and Staff Vessel and Vehicle Recovery Tetra Tech is able to assist the City in documenting the locations and quantities of vessel and vehicle debris in the City and presenting a case to FEMA to approve and fund the program. The City must first show that they have a legal responsibility to remove the debris and that the debris is not the responsibility of another state or federal agency such as the Texas Commission on Environmental Quality, USACE, or the NRCS. Vessel and vehicle debris on private land may present unique ingress/egress challenges and require ROE agreements for access. Our team monitored vessel debris removal efforts following Hurricane Sandy on behalf of the NJDEP and provided similar services to Escambia County, FL and Monroe County, FL (Florida Keys) following the 2004 and 2005 hurricane season and is currently monitoring vessel removal in Beaufort County, SC to remove vessels damaged and abandoned from Hurricane Matthew. Leaning Trees, Hanging Limbs, and Stump Removal Leaning trees, hanging limbs, and stumps pose significant threats to public health and safety. Guidance on reimbursement for the removal of these vegetative threats is disaster-specific. Tetra Tech has the experience and expertise to help communities avoid the de-obligation of funds or non-reimbursement for these activities due to ineligible work. Our team has assisted numerous clients in surveying, documenting, and monitoring the removal of leaning trees, hanging limbs, and stumps. Our team members most recently monitored the removal and disposal of 198,635 hazardous trees and hangers on behalf of 36 clients following Hurricane Matthew. Exhibit 1-5 provides featured clients where our team has monitored the collection and removal of leaning trees, hanging limbs, and stumps following a disaster debris-generating event. Exhibit 1-5: Previous Leaner/Hanger/Stump Removal Programs Client Event Total Leaners/Hangers/ Stumps Removed Beaufort County, South Carolina 2016 Hurricane Matthew 67,581 Town of Hilton Head,South Carolina 2016 Hurricane Matthew 48,589 Horry County,South Carolina 2016 Hurricane Matthew 33,661 Flagler County, Florida j 2016 Hurricane Matthew 15,151 City of Port Orange,Florida 2016 Hurricane Matthew 6,098 City of Myrtle Beach, South Carolina 2016 Hurricane Matthew 4,076 City of Augusta, Georgia 2014 Winter Storm Pax 26,800 City of Rapid City,South Dakota 2013 Ice Storm 8,000 City of Sioux Falls,South Dakota 2013 Ice Storm 26,700 State of Connecticut 2011 Winter Storm Alfred 57,200 Henrico County,Virginia 2011 Hurricane Irene 15,500 Texas Department of Transportation 2011 Texas Drought and Wildfires 5,800 City of Raleigh,North Carolina 2011 Tornado 7,500 Arkansas Game and Fish Commission 2009 Ice Storm 48,900 City of Houston,Texas 2008 Hurricane Ike 212,500 Terrebonne Parish,Louisiana 2008 Hurricane Gustav 14,500 City of Norman, Oklahoma 2007 Midwest Ice Storm 26,800 Greene County,Missouri 2007 Midwest Snow Storm 1 53,900 Genesee County, New York 2006 Ice Storm 1 9,100 Town of Amherst,New York 2006 Ice Storm 32,700 City of Fort Lauderdale,Florida 2005 Hurricane Wilma 20,400 It TETRA TECH 1-12 Section 1: Qualifications of the Firm and Staff Total Leaners/Hangers/ Client Event Stumps Removed Santa Rosa County, Florida 2005 Hurricane Dennis II 13,700 Escambia County, Florida 2004 Hurricane Ivan 15,100 Hazardous Material Removal Major disasters (particularly those that involve significant flooding)will result in the need to address hazardous materials. Typically, the U.S. Environmental Protection Agency(EPA) is responsible for identifying and removing large quantities of household hazardous waste (HHW) (containers over 5 gallons such as large commercial/industrial storage tanks, propane tanks, 55-gallon drums, etc.). Local governments are charged with implementing collection programs for HHW, including containers with paints, pesticides, household cleaners, oils/solvents, fuels, etc. Our team has significant experience helping local governments plan, procure, implement, and track disaster-related HHW collection programs at curbside or drop-off locations. Following Hurricane Ike, which resulted in a storm surge that covered almost all of Galveston Island, our team helped the City of Galveston implement one of the largest post-disaster HHW programs in U.S. history, in addition to working cooperatively with the EPA on large quantity HHW recovery. Asbestos Containing Material Management Through our team's years of demolition experience, including our previous engagements in Iowa following the 2008 flood, our team of experts has developed best management practices for documenting and monitoring work related to Asbestos Containing Material (ACM). Tetra Tech's best management practices for ACM collection, remediation, and disposal meet state and local regulatory agency requirements. Tetra Tech will collect and catalog all pertinent information related to the ACM content, or lack thereof, for a property. Once the remediation contractor has removed and wrapped the ACM, Tetra Tech will document the transfer of custody through final disposition. As part of the ACM documentation process, Tetra Tech will also collect and pair all waste shipment records to the respective load tickets. Additionally, during the course of the project if Tetra Tech notices any lack of due diligence or potential for environmental violations, our management staff will notify City officials immediately and assist in creating a mitigation strategy. In the instance of non-ACM debris removal, Tetra Tech will collect and digitally link all DMS or landfill manifest with the corresponding load ticket. Data Management Our team has spent years researching and developing an effort to streamline the debris collection documentation process with a focus on minimizing the cost to our clients and improving the visibility of debris project operations. Our ADMS, RecoveryTracTM, is the result of these efforts. RecoveryTracTM is a scalable and fully featured disaster management application designed specifically to address the operational challenges faced during a disaster recovery project. Managing the enormous volume of documentation generated during a debris monitoring operation was paramount to the design of our ADMS. This state-of-the-art technology has already shown to increase the efficiency and improve the management of debris removal efforts for multiple clients. For more information on our data management, please see please see Section 3: Technical Approach. Hauler Invoice Reconciliation and Contracting To expedite contractor invoice reconciliation efforts,Tetra Tech requires copies of all primary debris hauler contracts with the City. After reviewing the contracts, Tetra Tech will set up our ADMS, RecoveryTracTM database to generate transactions for tickets issued to each debris contractor. Tetra Tech will then meet with each primary debris contractor to review the debris contractor reports that will be generated automatically through RecoveryTracTM. The debris contractor reports will provide each contractor with sufficient data to reconcile with their subcontractors as well as generate invoices for payment by the City. Several quality assurance (QA) and quality control (QC) checks will be conducted on data before it is provided to the contractor. RecoveryTracTM 't TETRA TECH 1-13 Section 1: Qualifications of the Firm and Staff significantly reduces the amount of time needed for a contractor to generate an invoice and for the subsequent invoice reconciliation with Tetra Tech. For more information on our hauler invoice reconciliation and contracting, please see Section 3: Technical Approach. FEMA Appeal Assistance and Support Our staff has an outstanding track record of getting our clients reimbursed, with more than 200 major disaster recovery mobilizations over the past 10 years. Given the nature and scrutiny of FEMA reimbursement, it is not unusual for a local government to have one or more project worksheets questioned by FEMA/Office of Inspector General (GIG) during the audit process. We routinely work with our clients in these matters—oftentimes for years following an event—to support and defend their reimbursement. Furthermore, due to our staff's in-depth knowledge of FEMA reimbursement policies, we are often hired by applicants to assist them during FEMA/OIG audits and support them during FEMA appeals even when we have had no involvement with the applicant during the recovery period. Our team of recovery experts is currently working with the Port of Galveston, Texas, to close out Hurricane Ike-related projects. To date, we have been able to identify and capture over$80 million in previously unidentified or deobligated funding. The following are a few examples of areas in which our staff has successfully supported the appeals effort of our clients with FEMA: • South Broward Drainage District. Following Hurricane Wilma, our team prepared an appeal in support of$4 million in reimbursement associated with lake erosion repairs made by the South Broward Drainage District. With our team's support, the South Broward Drainage District was fully reimbursed. • Lake County, Florida. Our team supported the successful appeal of over$400,000 of previously deobligated funds in response to the 2004 Hurricanes Charley, Frances, and Jeanne. These funds were associated with debris collected on private roads and gated communities. Our team did a comprehensive geographic information system (GIS) analysis of all of the debris collected on the roads in question and was able to appeal the decision and obtain reimbursement from FEMA for these county-incurred costs. • Port of Galveston, Texas. The Port of Galveston experienced extensive damage due to storm-induced erosion caused by Hurricane Ike surge that reached heights upward of 20 feet. The pier was not designed to withstand the water weight and rapid draw down of the water. As a result, the concrete sheet pile was damaged and caused the fill underneath the warehouse slab to wash out, thus compromising the support of the warehouse floor. The floor collapsed near the most significant voids underneath the base. FEMA deemed the damage ineligible due to subtle erosion that happened over time. The Port of Galveston, with the assistance of our team of experts, submitted an appeal for eligibility and won the appeal resulting in an approval of a $1.5 million for Pier 15. More importantly, the appeal approval has established precedence for the Port of Galveston's remaining Ike-damaged piers, enabling the Port of Galveston to apply for an additional $80 million of funding due to damage caused by Hurricane Ike previously deemed ineligible. 1.4. REFERENCES Similar to the services needed by the City, our team has successfully assisted over 300 clients with recovering from the damaging effects of hurricanes, tropical storms, tornadoes, floods, and ice storms across the country. Our efforts have allowed our clients to maintain their focus on continuing daily operations while relying on us to oversee the management of debris removal operations and federal reimbursement in compliance with FEMA and FHWA guidelines and reimbursement procedures. The projects and references included at the end of this section are a representative sample of our experience and accomplishments in performing services that are similar in scope, complexity, and magnitude needed by the City. f'�l TETRA TECH 1-14 Section 1: Qualifications of the Firm and Staff 1.5. SUMMARY OF STAFF QUALIFICATIONS Tetra Tech has assembled a team of experienced emergency management, infrastructure, and grant management specialists Tetra Tech has served over 300 state and local with hands-on experience in recent disasters and emergencies government clients in response to over 50 as well as prevention, mitigation, preparedness, response, and declared presidential disasters with over$4 recovery programs. Our disaster recovery professionals are billion in disaster grants obtained,managed, uniquely familiar with the policies, procedures, and and/or recovered on our clients'behalf. This requirements associated with providing disaster recovery includes 16 debris removal projects in excess services subject to FEMA, FHWA, U.S. Department of Housing of 1 million CYs. and Urban Development (HUD), NRCS, and other federal agency reimbursement programs. Our team has monitored and obtained FEMA, FHWA, and NRCS reimbursement on 16 debris removal projects in excess of 1 million CYs of debris and understands the significant resource commitment and effort that is necessary to manage and monitor large-scale debris removal operations for local governments. Tetra Tech is committed to providing the City with a dedicated and consistent project management team that will expedite recovery efforts by establishing a coordinated and organized approach to debris removal. Proposed Staff Senior Management Team Our senior management team will provide expert oversight and assistance at critical junctures and is prepared to assist the project management team for the duration of any disaster recovery operation. These individuals bring decades of disaster debris monitoring and reimbursement expertise. • Mr. Jonathan Burgiel has 31 years of experience in solid waste and disaster recovery. His disaster-related work has included serving as principal in charge of over 30 projects, helping clients throughout the country prepare for, respond to, and recover from natural and human-caused disasters. Mr. Burgiel has provided senior management leadership to various communities following Hurricane Matthew, Richland County, South Carolina (Historic 1,000 Flooding Event), the New Jersey Department of Environmental Protection (NJDEP) (Hurricane Sandy); State of Connecticut(Hurricane Sandy); State of Louisiana (Hurricane Isaac); City of New Orleans, LA (Hurricane Katrina Residential Demolition Program); Harris County, TX (Hurricane Ike); and Miami-Dade County(Hurricanes Katrina and Wilma), to name a few. • Mr. Ralph Natale has overseen response to some of the country's largest debris-generating disasters. He is an expert in FEMA Public Assistance (PA) Grant Program reimbursement policies and has administered nearly 70 projects in his 11-year career. This includes managing and documenting the removal of over 16 million CYs of debris and 895,000 hazardous trees totaling over$470 million dollars of reimbursed invoices. He has served as a debris specialist and grant consultant for state and local governments, including for the State of Connecticut Emergency Operations Debris Task Force following Hurricane Irene and Winter Storm Alfred and the City of New Orleans, Louisiana, following Hurricane Isaac. He currently serves as principal in charge for several of the firm's response efforts in California following the devastating fires and for dozens of communities following Hurricane Matthew. • Ms. Anne Cabrera has worked nationwide on numerous major post-disaster activations since Hurricane Wilma in 2005. She has served in a variety of roles focusing on reimbursement for more than $2 billion from the Federal Emergency Management Agency(FEMA). Ms. Cabrera has worked on behalf of cities and counties throughout the United States and is a highly regarded expert in the debris management industry. In addition to her work with post disaster recovery operations, Ms. Cabrera has worked with a number of clients on their longer-term financial recovery, including serving as a technical resource to clients during implementation of the FEMA Public Assistance (PA) program and other federal grant programs and assisting in the preparation, nTETRA TECH 1-15 Section 1: Qualifications of the Firm and Staff development, and review of FEMA PA project worksheets (PWs)for disaster related activities, state appeals, and close out processes. • Mr. Jeff Dickerson has more than 20 years of experience in program management and information technology and is the principal system architect of our ADMS, RecoveryTracTM. Mr. Dickerson has managed numerous large disaster response operations with over 1,000 field monitors, coordinated the operation of 24-hour data processing centers (some with nearly 100 personnel), and provided technical support for a debris management database to track over 1,000 trucks and the documentation for over 5 million CYs of debris brought to clients' debris management sites. Mr. Dickerson has led deployment and logistics efforts for some of the firm's largest debris monitoring efforts. Most recently, he oversaw the deployment of over 900 field units to over 35 clients following Hurricane Matthew. • Mr. John Buri is a versatile emergency management, disaster mitigation, response and recovery, and grant management professional with 14 years of experience. Mr. Buri has provided senior management oversight on 16 major disasters declarations for over 100 clients since 2007, representing over $1 billion in disaster-related grants. He has responded to numerous large-scale activations and engages with FEMA and state regulatory agencies and debris contractors in addition to providing FEMA Public Assistance (PA) consulting for all tasks and activities associated with each disaster recovery operation. • Mr. Dick Hainje serves as a senior advisor and the former administrator of FEMA Region VII, where he led the region through 60 presidentially declared disasters. Mr. Hainje was the director of operations for Hurricane Charley and was responsible for the entire Florida operations division, which at the time was the largest deployment in FEMA's history. His extensive experience working with senior first responders as well as local, state, and federal elected officials during times of crisis has included providing full briefings to the president of the United States five times at the scene of major disaster operations. He was responsible for creating a long- term community recovery process for FEMA Region VII, which provides heavily impacted communities the opportunity to go through a FEMA-sponsored planning process after a catastrophic incident. Following Hurricane Katrina in 2005, Mr. Hainje was asked by Secretary Chertoff to serve as the deputy Principal Federal Official for the Mid-Atlantic States, where he was involved with every aspect of preparation for all of the states from Georgia to Delaware. Project Management Team In addition to our senior management team, our dedicated project I management team consists of disaster recovery professionals Most of the proposed key staff listed In our who are uniquely familiar with the policies, procedures, and proposal have already been deployed to requirements associated with providing disaster recovery Texas and are available to begin working on services. Tetra Tech's staff members constitute an integrated this project upon notice to proceed. team with unparalleled skills and experience that is uniquely qualified to manage the debris monitoring operations. • Mr. Simon Carlyle, Client Liaison— Mr. Simon Carlyle has been directly involved in all phases of disaster recovery efforts, and has developed significant knowledge of federal, state, and local regulations, allowing him to provide program and project management in response to some of the largest debris-generating disasters in the nation, including Hurricanes Katrina, Rita, Wilma, Gustav, Ike, Sandy, and Matthew, as well as numerous ice storms, wildfires, flooding events, and other natural disasters. Mr. Carlyle was recently deployed to Texas to assist clients with response operations following Hurricane Harvey. Mr. Carlyle is currently deployed to the area as a result of Hurricane Harvey, and will be immediately available to the City upon notice to proceed. As client liaison, Mr. Carlyle will serve as a consistent point of contact for the City's debris managers and will provide a bridge between any preparedness and post-disaster response activities. • Mr. Zachary Detwiler, Project Manager—Mr. Detwiler has over 6 years of disaster debris monitoring experience. He is experienced with project staffing, debris monitoring operations and has extensive experience in documentation management, quality assurance/quality (QA/QC), database management, and field 1Th1 TETRA TECH 1-16 Section 1: Qualifications of the Firm and Staff supervision. He has an in depth understanding of FEMA eligibility and documentation requirements. Mr. Detwiler also has an in depth understanding of our ADMS including field implementation, troubleshooting, and reporting. Mr. Detwiler has assisted numerous clients across the country, including the New Jersey Department of Environmental Protection with its waterway debris removal program following Hurricane Sandy. As project manager, Mr. Detwiler will be responsible for implementation of the specific programs tasked by the City through purchase orders. He is also responsible for program oversight, task order preparation, forecasting, and QA. • Mr. James Ward, Operations Manager- Mr. Ward is an experienced professional providing program management services for hazard mitigation emergency preparedness/planning response and recovery. He has supported projects in Texas, Louisiana, South Carolina, and South Dakota, where he was responsible for implementing schedules for the contractor and providing client support for FEMA regulations and procedures. Most recently, Mr. Ward was deployed as operations manager for Ascension Parish, Louisiana following severe storms and flooding that resulted in concentrated volumes of disaster debris in the Parish. Prior to this, he served as operations manager for Harris County, Texas and field supervisor for the City of Houston, Texas following the severe storms and flooding that affected the area in May 2016. • As operations manager, Mr. Ward will be responsible for the implementation of Tetra Tech's work plans, dispatching field personnel, staffing, safety, field logistics, and training. He will verify eligibility, compliance, and collection and disposal operations oversight and coordinate directly with our project manager daily with progress reports and on specific issues. • Mr. Owen Chen, Data Manager— Mr. Chen is an experienced quality control and data manager for Tetra Tech. His areas of expertise are in geographic information systems, documentation management, quality assurance/quality control (QA/QC), database management, and reporting. He also has an in-depth understanding of FEMA eligibility, documentation requirements, and our ADMS. As data manager, Mr. Chen will be responsible for multiple functions during debris removal activities, including reporting and quality assurance/quality control of all ADMS documentation in the field along with storing the documentation in preparation for future audits. He will validate documentation and metrics being reported as accurate and on-schedule. • Ms. Paris Atkinson, Billing/Invoice Analyst- Ms. Atkinson is a senior data manager and billing/invoice analyst whose responsibilities include data management, management of monitoring documentation for the FEMA, invoice reconciliation, and the use of our ADMS. She has extensive experience on all aspects of program data management, including project closeout and post-closeout audit support. Ms. Atkinson possesses knowledge and understanding of federal grant programs, including the FHWA Emergency Relief(ER) Program and the FEMA PA Program. As billing and invoice analyst, Ms. Atkinson will work with our data manager to enter, tabulate, and organize collection and disposal data into FEMA-required formats. She will develop regular updates on the quantities and types of debris collected and will provide quality assurance and quality control processes for the review and verification of field and debris contractor-provided data in support of invoices. • Mr. Donald Kunish, CEM, FEMA Coordinator- Mr. Kunish is a Certified Emergency Manager with 18 years of experience. Mr. Kunish is the former Deputy Bureau Chief for the Florida Division of Emergency Management, where he was responsible for managing Florida's Hazard Mitigation Planning and Grant Programs; Statewide Emergency Management All-hazards Planning, Training and Exercise Programs; and many other tasks. He worked with the State of Florida's growth management programs (including Community Development Block Grant [CDBG))to represent the emergency management perspective; this interaction supported Mr. Kunish's involvement in the production of Florida's Regional Evacuation Studies. Mr. Kunish has experience compiling damage assessments and comparing the aggregated data to damage estimates generated by the HAZUS hurricane module. As FEMA Reimbursement Specialist, Mr. Kunish will assist in providing examples of historical precedent and work with FEMA on disaster-specific guidance. He will help the City with FEMA policy interpretations, institute ( 1 TETRA TECH 1-17 Section 1: Qualifications of the Firm and Staff corrective processes and procedures to address project deficiencies, and provide consultation to the City and the project manager. Mr. Kunish may also be called upon to prepare and process grant payments, monitor PA grant activities, coordinate and communicate with stakeholders, maintain contracts and records, and prepare correspondence when necessary. Exhibit 1-6 shows our proposed project team organizational structure. Résumés for the staff listed above can be provided upon request. Exhibit 1.6: Project Team Organizational Chart Pearland, Texas Client Liaison Project Manager Senior Management Simon Carlyle Zachary Detwiler Jonathan Burgiel Ralph Natale Operations Manager Anne Cabrera g John Buri James Ward Dick Hainje Debris Monitoring Local Hires Data Manager Crew Monitors Owen Chen Debris Site/Tower Monitors Field Coordinators Billing/Invoice Analyst Scheduler/Expeditors Paris Atkinson Project Inspectors FEMA Coordinator Load Ticket Data Entry Clerks Donald Kunish, CEM Administrative Assistants 1.6. SUBCONTRACTORS It is Tetra Tech's practice to embrace Small Disadvantaged Business (SOB), Disadvantage Business Enterprise (DBE), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) participation in its contracting when feasible and possible. In fact, in 2016 Tetra Tech was presented with the Mentor of the Year Award by the U.S. Agency for International Development's Office of Small and Disadvantaged Business Utilization. The Mentor of the Year Award annually recognizes a large prime contractor for effective development assistance given to a small business. Tetra Tech received the award at the USAID Annual Small Business Conference held on May 4, 2016, in Washington, DC. Tetra Tech agrees to use its best efforts to meet HUB targets and goals, as may be required by any rules, processes, or programs the City might have in place. We have established working relationships with a number of small, women-, and minority-owned firms, and have worked with many agencies having equal employment opportunity requirements. In addition, we maintain a comprehensive file of the qualifications and experience of these firms to aid us in selecting appropriate subcontractors for specific project tasks. Should the need for a particular specialty arise during a project, Tetra Tech diligently promotes an equitable opportunity to subcontractors whose capabilities complement our own. The following exhibit presents a summary of historical relevant minority participation on Tetra Tech contracts. j'hl TETRA TECH 1-18 Section 1: Qualifications of the Firm and Staff Exhibit 1-7: Historical SIWIM/DBE Participation Firm Area of Expertise Type B2B Strategic Solutions, Inc. Regional Catastrophic Planning MBE C&S Consultants, Inc. Project Management Services for Demolition and HHW Mgmt. M/DBE Disposal CAP Productions Corporate and Professional Media Solutions W/DBE CONOPS Consulting,LLC Disaster Response and Recovery Services W/DBE Consolidated Printing, Inc. Regional Catastrophic Planning WBE Constant and Associates, Inc. Emergency Exercise Design Consulting Services CBE Corporate Results, Inc. Business Impact Analysis W/DBE Cousins&Associates, Inc. Emergency Management Consulting Services DBE Dovetail Consulting, Inc. Emergency Management Consulting Services DBE Hudson Valley Planning and Community Planning W/DBE Preservation Integrated Design Engineering Continuity of Operations Planning D/WBE Associates Julien Engineering &Consulting, Inc. Project Management Services for Demolition and HHW Mgmt. M/DBE Disposal Man Machine Systems Assessment Emergency Management Consulting Services DBE McKissack&McKissack Construction Management,Cost Estimating M/DBE Nova Consulting Engineering, Hydraulic and Hydrologic Modeling M/DBE Palm Print, Inc. Emergency Management Consulting Services DBE Planning 4 Places Community,Transportation And Waterfront Planning W/DBE Principle Design&Development,LLC Emergency Management Consulting Services DBE Royal Engineers&Consultants,LLC Disaster Response and Recovery Services DBE S Murphy Company,LLC Emergency Management Consulting Services W/DBE SCAPE Landscape Architecture,Green Infrastructure Design,Visioning W/DBE Steve Taylor Excavation Inc. Traffic Control Services W/DBE Susan Blickstein Community and Transportation Planning W/DBE TLC Engineering, Inc. Disaster Management Recovery and Consulting Services SBE Urban Forestry Associates, Inc. Certified Arborist DBE HUB Summary It is Tetra Tech's practice to embrace Small Disadvantaged Business (SDB), Disadvantage Business Enterprise (DBE), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) participation in its contracting when feasible and possible. Tetra Tech agrees to use its best efforts to work with and assist HGACBuy members in meeting HUB targets and goals, as may be required by any rules, processes, or programs they might have in place. Due to the nature of this contract and scope of services which falls under multiple areas of expertise, Tetra Tech has not obligated any services or percentage of potential project revenues contractually to any subcontractors. This will be assigned upon contract activation by HGACBuy members once a detailed scope of work and level of effort for a project is determined. Tetra Tech will then select the appropriate teaming partner(s)with specific and individual capabilities that will complement our own for the successful completion of the project. ��TETRA TECH 1-19 Section 1: Qualifications of the Firm and Staff 1.7. SAM AND FORM 1295 Below is a screenshot from the System for Award TETRA TECH,INC. is Hacker Dr Ste 3700 Management(SAM) demonstrating Tetra Tech's Ems: o8oio644g CAGE Code: DYE.% Ctucago,IL.6o6o6.4631, "active" status. A copy of the Texas Ethics Status:Active UNITED STATES Expiration Date:01/30/2018 Commission Form 1295, and Conflict of Interest Purpose of Registration: Awards Questionnaire has been included at the end of this Entityo,•eiae„. section. 1.8. INSURANCE Entity Registration Stitniniars• Name:I r.i KA TECH,INC. A copy of Tetra Tech's evidence of insurance is Business 1\pe:Business orOrganization provided at the end of this section. Last Updated By:Renee Valentino Registration Status:Actise Activation Date:03lo2/201 Expiration Date:or/3o/2or8 I'h1 TETRA TECH 1-20 TETRA TECH Disaster Debris Program Management Hurricane Matthew :�: , a ► CLIENT ` k..-.-'• � .r: tom. ~• >. , :'_.� ,ei3 oL \ City of Holly Hill y,. •..r .. It. 1 .4,,A I 11 LOCATION . ..'r'il it.'' •.A::r..A'' �� .,,.kr m.,i4j i..F eI.T,-,,' —'sT...T....-z'Ai Florida 'yi!�+r, + ! '1 ., .^,. ..r DURATION -° October 2016—January2017 REFERENCES KEY FEATURES Mark Juliano, Public Works • Disaster Debris Monitoring Director • Comprehensive Program Management City of Holly Hill • Disaster Technical Assistance 453 LPGA Blvd. Holly Hill, FL 32117 PROJECT DESCRIPTION Phone: 386-248-9463 The City of Holly Hill is a coastal community, situated along the Halifax River, mjuliano(a.hollyhillfl.orq just north of the popular tourist destination, Daytona Beach. Hurricane Matthew devastated the multiple coastal communities within Volusia County in October 2016, when it made landfall as a Category 2 hurricane and left 90% of residents without power. Throughout the City, there were numerous reports of downed powerlines, downed trees, and flooded homes. Our team has provided on-call debris monitoring services to the City of Holly Hill for a number of years and staff was available to assist the City both prior to the storm making landfall as well as in the immediate aftermath. After the storms passing, Tetra Tech personnel conducted a survey of the damage, with early estimates indicated debris amounts totaling over 130,000 cubic yards. In addition, this included thousands of hazardous trees in public roads and right-of-ways. Tetra Tech mobilized a team within hours and began the process of onboarding local debris monitors. In addition to providing debris monitoring services, Tetra Tech provide City public works and finance with technical experts to help advise them through project operations and reimbursement and assist in their recovery. In total, our team has monitored 137,000 cubic yards of debris from the City and over 1,500 hazardous hanging limbs and leaning trees. Project Profile 1 lit TETRA TECH Disaster Debris Monitoring Services Hurricane Matthew CLIENT .. _�... City of New Smyrna Beach LOCATION Florida DURATION .111041mit - -- October 2016—January 2017 REFERENCES Faith G. Miller, MPA, MMC Maintenance Operations Director City of New Smyrna Beach - - 124 Industrial Park Avenue w+s, New Smyrna Beach, FL 32168 Phone: (386)424-2202 • .:' • . fmiller(a_cityofnsb.corn KEY FEATURES • Disaster Debris Monitoring • Project Management and Oversight • Data Management/Payment Recommendation PROJECT DESCRIPTION While Hurricane Matthew only skirted the Florida Atlantic Coast after forming in October 2016, the storm left the entire City of New Smyrna Beach without power, including local businesses and hospitals. The hurricane caused significant damage to the City, scattering tree branches and debris on major roadways as well destroying several businesses, and damaging a local marina and airport. In the hours leading up to the storm, the City reached out to Tetra Tech for support through the pre-positioned contract with Volusia County. Upon notice to proceed, the Tetra Tech team responded in the immediate aftermath of Hurricane Matthew and performed initial debris survey estimates across the City. Working closely with the City, our team assisted with collection monitoring; disposal monitoring; truck certification; leaner, hanger, and stump monitoring; and FEMA reimbursement reporting for the City's debris removal contractor. Our project management team also provided data management services and helped the City split debris collected from public roadways from private roadways in order to help facilitate the City's reimbursement. Our team hired and trained 16 monitors who certified nearly 4,000 loads of debris and 1,000 leaners and hangers. In total, our team documented and managed the removal, reduction, and disposal of over 200,000 CYs of debris following Hurricane Matthew. Project Profile 1 TETRA TECH Disaster Debris Program Management Hurricane Matthew CLIENT ? City of Port Orange LOCATION #, i -- Port Orange, FL _ I I DURATION __� •_fTj + I October 2016—January 2017 =• mot' REFERENCE Alexandra Torrent 407 Virginia Avenue Port Orange, FL 32127 �,.�, �s • (386)506-5573 _ 'Ace (386)756-5365-fax -,., t atorrent(a�port-orange.org • 4+•` Photo Credit:Lola Gomez KEY FEATURES • Disaster Debris Monitoring • Project Management and Oversight • Debris Management Consulting and Technical Assistance PROJECT DESCRIPTION Hurricane Matthew devastated the coastal community of Port Orange in October 2016 when it made landfall as a Category 2 hurricane. With 90% of residents left without power, there were numerous reports of downed powerlines and uprooted trees blocking local roadways, causing chaos throughout the county. Residents along the Halifax River experienced a storm surge of at least 3 feet, causing flooding damage for many local residents and destroying waterfront business and marinas along the coast. Our team has been supporting Volusia County's communities for many years and was available to assist the City prior to the storm making landfall as well as in the immediate aftermath. Within hours, Tetra Tech mobilized a team to assess the damage and begin the process of onboarding local debris monitors. When pre-identified temporary debris management sites were deemed inefficient for the project operations, Tetra Tech staffed helped the City to identify and coordinate with the Florida Department of Environmental Protection (FDEP) to permit alternate sites. In total, our team monitored over 428,000 cubic yards of debris and over 6,000 removals of hazardous hanging limbs and leaning trees. Tetra Tech used RecoveryTracTM to document all loads and separate public and private road data after helping the City obtain FEMA approval for debris removal from private communities that were seriously impacted by the storm. Our geoportal provided City staff with visibility into project operations and gave them the information to communicate with City residents regarding the progress of debris removal and timelines for completion. Project Profile 1 i %'rt TETRA TECH Disaster Debris Program Management Hurricane Matthew CLIENT City of South Daytona LOCATION Florida { DURATION r.tkf October 2016—December 2016 a • s:.t- �! r REFERENCES * • • ,� cr '� A". .ai • Les Gillis, P.E. y , �, .• '' � w,` Director of Public Works 1770 Seagrave Street South Daytona, FL 32119 : +: •. • ' • ° • , (386)322-3080 • _ Fax: None PROJECT DESCRIPTION Igillis(asouthdaytona.orq The City of South Daytona's coastal location along the Halifax River placed its residents in a vulnerable position with the impending landfall of Hurricane Matthew. While a last-minute shift in the storm's path prevented a more severe impact along the Florida Atlantic Coast, the Category 3 hurricane's prevailing wind gusts and deluge of rain caused widespread damage and debris throughout the City. Tetra Tech remained on standby, assisting the City and its key stakeholders prior to landfall as well as immediately after the storm's impact. Following a damage assessment right after the storm passed, our team began the hiring and training of local debris monitors. Tetra Tech's existing partnership with the City, including holding annual pre-hurricane season meetings, allowed for a rapid start to debris monitoring operations with little to no learning curve. Tetra Tech enlisted a dedicated project management team to provide truck certification, collection monitoring, disposal monitoring, data management, and project reporting for FEMA reimbursement and overall project management and oversight. In total, Tetra Tech managed the removal of over 93,000 cubic yards of debris from the City and over 40 leaner and hanger removals. Tetra Tech continues to support the City in providing the documentation and support necessary to develop FEMA project worksheets. Project Profile 1 ' k TETRA TECH Disaster Debris Program Management Hurricane Matthew CLIENT• City of Port Wentworth LOCATION •x 5 • ' Port Wentworth, GA • "':-• + DURATION • •aY .r'• • October 2016—January 2017 � • REFERENCES e Lance Moore, Chief of Fire Operations • ^w��° `9 305 South Coastal Highway ' • AA ;tir' ' • - Port Wentworth, GA 31407 Imoore(@citvofnortwentworth.com Phone: (912)210-7707 KEY FEATURES • Tetra Tech Client since 2012 • Dedicated Project Manager throughout the entirety of the project • Developed response plan that maximized each pass of debris removal PROJECT DESCRIPTION Since 2012, our team has remained on standby for Port Wentworth, as the City's debris monitoring service provider. During the days leading up to Hurricane Matthew's impact on the City in October of 2016, Tetra Tech was in regular communication with City officials to plan for and respond to a possible impact. The City was spared the major impact from Hurricane Matthew that many of its neighboring communities encountered, however, due to the City's relatively small size, storm generated debris was concentrated and required immediate attention. Our dedicated Project Manager worked closely with City official to design a removal mission that maximized each pass of debris removal while being mindful of costs. Despite being one of Tetra Tech's smaller engagements following Hurricane Matthew, our dedicated project manager stayed with the City through project completion. Project Profile 1 TETRA TECH Disaster Debris Management Services CLIENT ! City of Friendswood r, firer' dir • ;i t i LOCATION 4i4 _ r � � J'�. . Texas �• � , I .a i1 tr (( ti' '=• DURATION November 1 —November 16, .,:'i' RU, 2015 f I • t , 1 �,., REFERENCES �• V,,;,;, • Brian Mansfield, Assistant Emergency Management Coordinator 1600 Whitaker Drive Friendswood, TX 77546 PROJECT DESCRIPTION (281)996 3335 office - -_ - (281)996-3331 -fax In the early morning hours of October 31, 2015, an EF2 tornado severely b.mansfield(a_ci.friendswood.tx.us damaged several Friendswood homes and left public roads blocked by downed trees, powerlines, and other debris. Within 12 hours of the disaster, Tetra Tech responded to the City, sending a project manager immediately to the site. The project manager was able to assess the damage and meet with Friendswood officials. Upon notice to proceed, our firm mobilized a local team of debris monitors and established our ADMS for the City, focusing on the tornado path boundaries. Through the RecoveryTracTM portal, City officials were able to observe the contracted debris hauler in real time, track task orders, and administer assistance to the citizens of Friendswood affected by the incident. The City of Friendswood, Texas is a long-time client, and our firm has maintained contact and assisted the City in times of normalcy in addition to pre and post-disaster situations. Since 2007, Tetra Tech has supported the City on multiple projects, including debris monitoring after Hurricane Ike in 2008, Community Development Block Grant- Disaster Recovery(CDBG- DR)application development, and most recently, disaster debris monitoring in 2015. Project Profile 1 A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDiWW) 09,29/2D,6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION iS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Insurance Services West, Inc. NAME: Los Angeles CA office PHO No.Exq: (866) 283-7122 FAX (800) 363-0105 (A/C.No.): 707 Wi lshire Boulevard E-MAIL Suite 2600 ADDRESS: Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAIC A INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 Tetra Tech, Inc. INSURERS: The Insurance Co of the State of PA 19429 3475 E. Foothill Boulevard INSURER C: AIG Europe a Limited ted Pasadena, CA 91107 USA P AA1120841 INSURER D: Lexington Insurance Company 19437 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL.SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INS° WVO POLICY NUMBER (MM/DD7YYW LM� M/DD/YYYY) LIMITS A X COMMERCIAL GENERAL IJABILITY G16051604 10/01/2016 10/01/2017 EACH OCCURRENCE $2,000,000 CLAIMS-MADE I X i OCCUR DAMAGE TO RENTED $1,000,000 PREMISES{Ea occurrence) X Contractural Liability MED EXP(Any one person) $10,000 X X,C,U PERSONAL 8ADV INJURY $2,000,000 GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X PRO- X LOC JECT I i PRODUCTS-COMP/OP AGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY CA3194 511 10/01/2016 10/01/2017 COMBINED SINGLE LIMIT $2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) ALL OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS AUTOS XNON-OWNED X HIRED AUTOS PROPERTY DAMAGE AUTOS {Per accident) C X UMBRELLA LIAB X OCCUR TH1600053 10/01/2016 10/01/2017 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE 55,000,000 DED RETENTION B WORKERS COMPENSATION AND 'WC014629374 10/01/2016 10/01/2017 X PER OTH- EMPLOYERS'LIABILITY YIN wc014629378 10/01/2016 10/01/2017 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE rN I wc014629379 10/01/2016 10/01/2017 E.L.EACH ACCIDENT $1,000,000 OFFICLRJMEMSER EXCLUDED' II N/A 10/01/2016 10/01 2017 (Mandatory In NH) Wc014629380 / E.L.DISEASE-EA EMPLOYEE $1,000,000 H yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liability 028182375 10/01/2015 10/01/2017 Each claim $5,000,000 and Contractor's Aggregate $5,000,000 Pollution Liability DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)Includes Stop Gap:OH,ND,WA,WY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE Evidence of Insurance POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �/ff �-7'//J t-QePt a�/ t—fni LteznQ3 VGGvQX11 / ,AC. ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Section 2: Technical Approach TECHNICAL APPROACH PROJECT UNDERSTANDING Tetra Tech implements a best practices approach to disaster debris monitoring when planning for and responding to debris-generating events. Our team has gained unparalleled experience working on many of the largest Federal Emergency Management Agency(FEMA) Public Assistance (PA) eligible projects, including responses to Hurricanes Katrina, Wilma, Ike, and Sandy. Our team has assisted more local governments with debris monitoring efforts following catastrophic natural disasters than any other firm in the nation. Collectively, we have overseen and managed the recovery of over 77 million cubic yards (CYs) of debris on behalf of over 300 public sector clients, resulting in excess of$4 billion in reimbursable costs to our clients. In addition, our understanding of the Texas Department of Transportation, FEMA, Federal Highway Administration (FHWA), U.S. Department of Housing and Urban Development (HUD), Natural Resources Conservation Service (NRCS), and other reimbursement agencies' requirements for eligibility, documentation, and reimbursement will help the City of Pearland (City) to receive the maximum reimbursement allowed following a disaster event. Tetra Tech has carefully reviewed the scope of work requested in the request for proposal (RFP) and can assure the City that we have the extensive experience, understanding, and knowledge of the City to successfully perform all aspects of the scope of work. We are aware of the magnitude and importance of organizing and directing the necessary resources to define and carry out the tasks associated with the scope of work, and we are committed to continuing to provide a consistent and coordinated team to perform these services upon activation. Our project team will dedicate themselves to the City's needs throughout the year, not just during times of activation. The project approach and work plan provided below will provide the City with a clear description of our approach to the City's proposed project. To summarize, our technical approach below captures our unique capabilities, including the following: • Our team's ability to provide end-to-end services in disaster preparedness, emergency management, and post-event response and recovery to help state and local governments plan for and recover from natural and human-caused disasters • A complete project management team that is recognized for its ability to quickly respond to a broad range of emergencies, allowing our clients to return to the business of running their day-to-day operations • A focus on local hires and the ability to hire, train, and support a local team of inspectors that oversee the work being completed in their own communities, with local hires being fully supported with technology and a team of dedicated managers • Detailed reporting systems and mapping capabilities that are driven by our RecoveryTracTM automated debris management system (ADMS)technology, which will be tailored to the City's data needs RecoveryTracTM Automated Debris Management System — Tetra Tech's Alternative to Paper Ticketing In today's technology-driven society, paper-based systems are quickly becoming obsolete. Recognizing the migration to electronic-based systems, our team has spent years on research and development in an effort to streamline the debris collection documentation process, with a focus on minimizing the cost to our clients whilst improving the visibility of debris project operations. RecoveryTracTM is the result of these efforts. RecoveryTracTM is a scalable and fully featured disaster management application designed specifically to address the operational challenges faced during a disaster recovery project. Our proprietary ADMS technology, RecoveryTracm is one of only three systems validated by the U.S. Army Corps of Engineers (USACE). The system provides real-time collection of data, and offers multiple solutions to data management, reporting, invoice reconciliation, '� TETRA TECH 2-1 Section 2: Technical Approach and project controls that cannot be achieved with a paper-based program. Tetra Tech has also implemented RecoveryTracTM ADMS technology on the last 83 FEMA PA eligible projects. On these projects, our clients and FEMA found this state-of-the-art technology to increase efficiency and improve the management of debris removal efforts. The RecoveryTracTM Process The process begins with debris hauler truck certification using the handheld units. A truck certification form is • Owned and operated by Tetra Tech printed with a unique electronic bar code and provided to • Over 1,200 mobile units on-hand and ready for the driver as well as our debris site/tower monitor(s). state-wide multi district mobilizations • Meets USACE specifications for electronic debris Handheld units are provisioned and assigned to both field monitoring handhelds and debris site/tower monitors. Field monitors begin a • Real-time situation awareness of field resources ticket by scanning the truck certification bar code to open a and efficient direction to support County priorities control ticket and then begin to record waypoints (debris • Real-time GIS web services for EOC information pile pick-up locations) on the handheld as the truck is and visualization systems • loaded. When the truck is full, the field monitor selects the Capable of collecting data regardless of cellular service debris type, and scans the control ticket to assign the load • Automated photograph and GPS capture a unique number. The truck then proceeds to the disposal • Provides reports and pass map tracking in real- site. The collection data is uploaded to a server via cellular time connection and using a process called 'Look Ahead' - the • Minimizes chance of fraud through real-time collection ticket information is made available to the monitoring • disposal monitor's handheld before the truck arrives. The Minimizes data entry and human error • control ticket is provided to the driver and taken to the Expedites invoice reconciliation • Intuitive and user-friendly debris management site where it is scanned by a debris - • - site/tower monitor. The debris site/tower monitor confirms the truck and debris type and enters the load call. Finally the disposal load ticket is printed and data is uploaded to the system where it can be utilized in real-time reporting systems. Even when there is no cellular connection, the handhelds continue to operate in connected mode; however, the data is stored on the device until a data connection is restored. The device periodically searches for this connection, and when services are restored the device automatically uploads the stored ticket data. Even under the harshest conditions where cellular service is not available, RecoveryTracTM was built to comply with U.S. Army Corps of Engineers (USACE) specs using Near Field Communication (NFC) and internal memory to protect and transfer data. Exhibit 2-1 shows the RecoveryTracTM process under normal operating conditions. Exhibit 2-1:RecoverylracTM Process ( cai. fiecoveryTrac y 4 I I I I I I Ticket Records Cell • •Cell Data Data Printed Ticket with Cell Data 4010038 NUL Collection Hauler blsposal =-ate lit)TETRA TECH 2-2 Section 2: Technical Approach Key Benefits of RecoverylracTM Ability to Respond. Combined with the on-hand inventory of over 1,200 handhelds and the ability to rapidly procure Recently, our team deployed nearly 900 additional equipment through preferred vendor relationships, ADMS units in the field following Hurricane the City can rely on our mobilization strategy for zero-day Matthew. The use of RecoveryTracTM reduces activations in disasters covering large areas with little or no- data entry costs and provides real-time notice. The on-hand inventory can be on-site and ready to project tracking reports to our clients. use within 24 hours of a notice to proceed, and additional needs can be met quickly (in most cases, 72 hours or less). —� Simple and Intuitive. A key foundation of our mobilization strategy is the ability to quickly hire and train local residents and begin debris removal operations. The mobile application is simple to understand and intuitive, allowing most users to begin using the device once the standard monitor training is completed. Cost Effective. RecoveryTracTM combines the advantage of automation and the desire of our customers to control costs by utilizing widely available commercial equipment and increasing the simplicity of operations. Reliable and Stable. Based on the Android operating system, RecoveryTracTM is secure and reliable. This minimizes the interruptions in field operations due to technical difficulties and reduces the number of support personnel required to maintain the system. Technical Support. RecoveryTracTM is designed to be self-repairing when possible; most support needs are resolved by field supervisors who are able to reach field monitors within 15-30 minutes in most cases. In addition, we have dedicated technicians at disposal sites and provide a field service center to maintain and repair equipment. Real-Time Reporting. The key to successful management of a debris project is the timely availability of relevant information needed to make sound decisions and respond to anomalies before they become issues. Our powerful reporting engine allows the user to monitor contractor performance, track damages, track street-by-street debris removal progress, and identify and resolve potential problems as they happen. The geospatial reporting systems within RecoveryTracTM provide real-time information that raises the bar for post-disaster project management. In summary, our combined program management approach and RecoveryTracTM solution will provide day-one, boots-on-the ground services for the City immediately upon activation. Field Operations The Tetra Tech debris monitoring program includes the following: • Operations. Field collection monitors report to a staging location prior to the commencement of daily operations for a briefing to be given by the project manager or field supervisors and the distribution of safety gear (for example, caution lights or safety vests), map books, and ADMS handheld units/debris tickets. • Deployment. A field monitor is assigned to one loading unit or to a leaner and hanger removal crew. In instances where leaner and hanger crews have multiple saw operators, the cut crew can request the addition of a monitor (this typically happens when a cut crew can complete over 60 hazard removals per day). • Field Supervision. Responsibilities of the field supervisor monitor include training, QA/QC of work being performed, verifying load ticket accuracy, and responding to field monitor and debris contractor issues in the field. • Responsibilities. Field monitors will verify the proper loading of debris into the debris removal contractor's certified loading container. Monitors will document that contractors and their subcontractors adhere to local, state, and federal regulations and that they are working safely and efficiently. Field monitors often notice inconsistencies with debris removal procedures and submit them to their supervisors. If a field monitor feels 2-3 'Tb• TETRA TECH Section 2: Technical Approach there is justifiable need to stop operations, the monitor is instructed to refrain from issuing a ticket until the debris hauler supervisor and a Tetra Tech supervisor can be called in to determine the appropriate action. • Work Scheduling. Tetra Tech will coordinate with the debris removal contractor's project manager to estimate the number of field monitors that will be required for the following day. To be responsive and mitigate overstaffing, Tetra Tech requests that the debris hauler release the next day's schedule by 5 p.m. This will verify the appropriate number of field monitors is dispatched. • Daily Closeout. At the close of operations each day, all collection and disposal monitors will report to the staging area to clock out and turn in their ADMS handheld units. • Contractor Completion. Tetra Tech will assist the City in completing the project efficiently and within the timelines set forth in the RFP. There are many aspects of debris removal that are outside of the monitoring firm's control but will still need to be managed. Tetra Tech will assist the City with managing these goals, including the following: - The ability of a debris contractor to respond with sufficient equipment will affect the proposed schedule. Tetra Tech will provide burn rate analysis to verify the proper equipment is being provided. This will be adjusted as more accurate debris estimates are available. - Leapfrogging by the contractor(cherry picking work being performed) is detrimental to the efficiency of operations and will be reported. - Invoices by the contractor need to be produced in a timely manner so that Tetra Tech can reconcile in a timely manner. Tetra Tech will work to make the contractors aware of an appropriate time frame for invoicing and will communicate with the City if deadlines are not being met. -- Deadlines for collecting debris are set to correspond with the work schedule that is based on estimated work to be completed. As damage estimates become more accurate (as is typical throughout the process), Tetra Tech will work with City officials to adjust the timeline to appropriately reflect the changing estimates. In addition, there are events out of the control of all parties that could negatively impact a debris removal operation (for example, inclement weather). In the event any of these circumstances occur, Tetra Tech will work closely with the City to refine timelines and support an expeditious recovery for the City. Vehicle Certification Tetra Tech has a proven vehicle certification procedure that complies with FEMA guidelines and results in maximum reimbursement for our clients. Tetra Tech's ADMS technology, RecoveryTracTM, will be used to electronically certify all trucks used in an activation. Benefits of using the mobile truck certification application include electronic volume calculations, instantaneous upload to the RecoveryTracTM database to allow immediate quality assurance (QA)/quality control (QC) checks to verify the truck certification calculations, and automated photo-matching of truck and driver photographs to the truck. The truck certification application allows us to complete truck certifications in 30% less time than with a paper-based system. 'h TETRA TECH 2-4 Section 2: Technical Approach Exhibit 2-2:Truck Audit Report RecoveryTrac Truck Certification Audit Report Trucks Certified On:*AII AUGUSTA-WINTER STORM PAX-ROW COLLECTION-Truck CorbIca on Summary -104 Utz is(.U4flu1 Tll Culled(:gracly Avg Uatlaal(:4 Cultractar.ASF871TT 167 6961 41.68 Contra c loc A SUER!TT WA 11XXW1 61 02l17/21)141102 AN ACINL 2txrlWtlp10J 10 Ii-tdU]NG 111XX Marry Ma(L a W a 11)21 tic 1021102=224 i2fel 0(a1 tors(.) Type Ilea(t a W a 11).70c 1 Cfht 64=45e060 o(L tubs(.) Type.Ooe(L c W a I I):A(L 1 20=137000 00a Inches(.) Tnral V,•nc 21141 31 2 0 Cu ales(74t�f fi).6090(Wds 017ver-PYQd V dew Side view riadtin erica-view Wont View 1^•dam �. ,, . 1 1 ; � � r` . a .�) d) , ; � . i „�)1r\ • Our disaster debris vehicle certification procedure includes the following: • Generation of unique truck numbers for contractor crews and equipment • Automated truck certification form, which includes the latest FEMA guidelines on truck certification documentation and volume calculations, and a bar code for automated ticket scanning • Special vehicle notations on the truck certification form and vehicle placard, which inform tower monitors of sideboards, tailgates, or other modifications, thus discouraging debris removal contractors from fraudulently altering vehicles after certification • Photographs of vehicles, vehicle cavities, and drivers • Periodic spot checks and recertification of trucks to identify trucks altered after initial certification Right-of-Way Collection Reporting Our ADMS technology in debris monitoring allows the City to view debris collection points, truck locations, monitor locations, damage, incidents, and daily metrics at any given time. The additional geospatial reporting capabilities are made possible through the Tetra Tech approach to field monitoring. At each debris collection point, the field collection monitor marks the "waypoint" or location of the debris pile to collect GPS coordinates. The map below displays the waypoints associated with each collection ticket issued in the field. The waypoint collection report is updated in real time and can be filtered by date. Exhibit 2-3:Waypoint Collection/Hazardous Tree Maps v. • Rhnn {• )j• Aurisla o . -,� • V y gr. ui Cv. 1s• • sr f � * � ' tie., �a•,' Pr.% IP e - .. ' • . i i ' _ canry r`� \Y.ele.l '(1 -• Vs ` a . � ' •�` .' • 1.. 4 .1% ' � t rM J ., � 7- l� 1 �Z0� n 1' • , • : . e r , C3.`.i' cl. .0 Club • : .Zs'. - , 1 Y L � J .� r.... t. ' ai p. „ .om + .ht `w.� - ` tt 1t "'Wig f., . ilea . - .. . • rfr %. J,'. er\ - - "l' eY 92,4 1Ni•,A -t1 TETRA TECH 2-5 Section 2: Technical Approach An additional feature of our ADMS technology is that each handheld device reports back the location of the device regularly. By leveraging this location information, Tetra Tech can view monitor locations and truck locations in real time, as demonstrated in Exhibits 2-4 and 2-5. Exhibit 2-4: Monitoring Locations Exhibit 2-5:Truck Locations •Sfj • 7ll s • r M D1 `/ 1�M.I. /00402 X . .�'. 7V ,/ 7Ga3s :-': I.w Pi 4 j'' Truck O• 1e0U! ., 1 • 'If • -'." CwY.ta ASH.IUTT ' • ..... ►• • 1 �� .� s„xwr.ao.:crw'srosnu i:.�% j � * _ D.'wr owwu MAIMS Y �,1...t cD'!,:•ROW:GL++E, �.�gNEUL'.' ludo May: . .,. _ 1. . ". ' ' `+ ',' '.. 7.0037i:-.:1 Dincton1 io Ue't.Flom heftIa. ► �`'�'•�.7 700374 700435 700436 ft, i. ,NGRiD'B RNES. • F Debris Management Site Monitoring Response to debris-generating events requires locating DMS, emergency permitting of DMS (including debris burning and State regulatory permits), baseline soil testing before the DMS are opened and as part of remediation process, and recycling and diversion initiatives once the reduced vegetative debris is collected and processed. Tetra Tech has had significant experience assisting local governments in Texas with pre-permitting DMS before a disaster event as well as post-disaster permitting. As DMS are activated, Tetra Tech will provide a minimum of two disposal monitors per site. Staffing numbers may also increase or decrease, depending on site layout. Tetra Tech verifies hauler passes through the DMS and documentation remains accurate and complete with several daily audits by project operations managers and supervisors to verify load call accuracy and consistency. Specific documentation kept by Tetra Tech DMS disposal monitors includes the following: • Load ticket. The load ticket is used to document debris removal complying with all requirements of FEMA. • Disposal monitor log. The disposal monitor log is used as backup documentation and requirements of FEMA. • Scale manifest tickets. If the debris hauling contract is weight-based, tickets generated by the existing scales at the City's DMS will be digitized and cataloged by Tetra Tech. • Incident report. Documenting property damage, arguments, unsafe practices, and personal injury. • Photographic documentation. Tetra Tech disposal supervisors will photograph a DMS frequently to create a visual timeline of the site. • QA/QC of field tickets. Disposal monitors review and verify collection monitors' work in the field. •h TETRA TECH 2-6 Section 2: Technical Approach Exhibit 2-6:Load Call Estimate Examples Example A—The mounded portion of the load offsets A ? the areas where the load drops below the fill line. Because the load includes light and medium debris, the load percentage estimate is 45 percent. B I Example B—The mounded portion of the load offsets the areas where the load drops below the fill line. J';" Because the load includes light and medium debris, the load percentage estimate is 70 percent. c ••• Example C —The mounded portion at the front of the load offsets the area in the back where the load drops below the fill line. Because the load includes light and medium debris, the load percentage estimate is 85 percent. •° 1 PP" - • Example D—The mounded portion of the load offsets the areas where the load drops below the fill line. Because the load includes light and medium debris, the load percentage estimate is 95 percent. Residential Drop-off Sites To provide documentation to FEMA that supports reimbursement of debris brought by the City's residents to residential drop-off sites and proves the debris is not commercial, the City will have to monitor each site and screen citizens who enter. Tetra Tech is prepared to support the City by assisting with this task if needed. Quality Assurance/Quality Control Program Implementing comprehensive QA/QC protocols and technologies is critical to a debris monitoring effort. Proper QA/QC protocols The use of our ADMS technology expedites reduce the amount of work associated with back-end data the QA/QC process and virtually eliminates management, reduce invoice reconciliation timeframes, prevent ticket errors that can result from traditional fraud, and establish a sound dataset for future audits. Throughout manual(paper and pen)debris monitoring years of experience assisting local governments with recovering operations. from disasters and the subsequent audits, Tetra Tech has developed industry-leading QA/QC standards and protocols. The use of our ADMS technology expedites the QA/QC process and virtually eliminates ticket errors that can result from traditional manual (paper and pen) debris monitoring operations. For example, monitors no longer have to carry a GPS device and manually write in GPS coordinates—this is automatically logged. Due to the real-time information collected by our ADMS technology, Tetra Tech can establish a virtual command center to audit project information during the collection process rather and correct issues as they appear. For example, our ADMS technology provides reporting and tracking on any missed debris piles. This allows Tetra Tech to improve our responsiveness to resident complaints and provide real-time tracking tools to manage removal of these missed piles to the City. NE'TETRA TECH 2-7 Section 2: Technical Approach Exhibit 2-7: Missed Piles Tracking �TrrRA Trcu ROW Collection �- �. Reported Missed Debris Piles 31ee I • e x Pr,11',Ms of d CD. DC-201 2-1 2849 o- Bella Terre n, U CouTer � di Address 82 DEREK LN Club •Riverl3nds • �.• Employee Info Country �u Club • l 0 y a ip Contractor Info DRC(TRUCK:039281 w • .'��. • 039282) ,F O C ' Homeowner • Info 1,F o !"' 5 Notes DRIVER COULD NOT PILESREACH DUE TO DUMPSTER. Monitor COI BALONEY JWS '�1 (8213286) C (� ty 1iT Zoom to m _ r— .1 La titude130.096228 to •tude:-90.45802• Fraud Prevention Several Tetra Tech practices are used to prevent debris haulers from committing fraud both in the field and remotely by real-time data monitoring. At DMS locations, Tetra Tech disposal monitors or supervisors will randomly recertify a previously certified truck. Recalculating the truck hauling capacity helps verify that the original work was accurate and that nothing has been altered since certification. Additionally, ADMS technology displays a photo of the truck as a ticket is scanned by the disposal monitor. This makes it nearly impossible for a debris hauler to switch truck certifications between trucks or alter their truck configuration (i.e., remove sideboards). Fraud Prevention Reports are also run on a daily basis to look for any data anomalies which may be a result of fraud. The Load Call report shows all load calls for a given day/monitor to assure no trucks are receiving extraordinarily high load calls. The Load Ticket and Unit Rate Daily ticket reports are ran to determine if monitors are issuing an excessive amount of tickets in relation to the average number of tickets per day. The RecoverylracTM system also has project controls built in which alert the data manager to anomalies which may be indicative of fraud. For example, the following data features are flagged: • Truck Turn-Around-Time. The time between last pickup location and arrival of a truck at the DMS is tracked. A time that is too short may be indicating the debris hauling truck not filling the vehicle to capacity. • Out-of-bounds. The municipality boundaries are programmed geospatially to assure debris pickup remains within the eligible bounds of the City. • Debris Type. Any ticket in which the debris type collected differs between what the collection monitor and disposal report the load as is flagged for review. lb TETRA TECH 2-8 Section 2: Technical Approach Hazardous Tree Removal Guidance established by FEMA requires supporting photo documentation for each ticket issued for hazardous tree or hanger removal services. The previous standard for monitoring firms was to take supporting photographs with a digital camera and manually associate the photos to each tree ticket. Tetra Tech can utilize ADMS technology to automatically associate photographs for all hazardous tree and hanger removal operations which eliminates the potentially extensive labor associated with this task. Additionally, our ADMS technology and software is designed to manage photo documentation by compressing and securely storing photos for field validations and audits in real time. The ability to associate photo documentation to unit rate tickets is critical for FEMA reimbursement, QA/QC, and fraud deterrence. As work in the field is completed, the information and supporting photos are uploaded directly to our database for QA/QC checks. A QA/QC manager verifies that the photographs comply with FEMA regulations and that all measurements meet the City's contractual agreement with the contractor. Exhibit 2-8: Real-Time Ticket Report RecoveryTrac Unit Rate AuditReport(Crew 700430) Date 0 311 112 0 1 4 Client AUGUSTA Prolect AUGUSTA-WINTER STORM PAX-ROW COLLECTION Total Ticket Count 12 Ticket in. Monitor Date GPS let GPS-Lnq Address Service Unit Altos Zone Photo Code Count Count El 121590044 DAM WALKER(6211106) 02/11201/8 1 7 ALI 33 424518 -82.023773 2405ACAPULCO DR IA ICO 2.50 26G6.2O) 4 Crew Photo Pre-Work Photo Measurement Photo Post-Work Photo . tom -N• • � � • • 4 • • a • Y �Z • lk !1�V �!14. .P'ti ji • • O 12059004E DAv.11 WALKER(e214108) 03/112014827 Alt 33434532 -02023628 2105ACAP11C0 OR IA 103 338 2d(G6 2D) 1 Crew Photo Pr..Work Photo Measurement Photo Post-Work Photo le irk iril ANIF Unit Rate Ticket Geoportal Report As monitors complete unit rate tickets for hazardous trees or hangers, their locations are logged and collected. The map below displays locations where hazardous tree or hanger removals were documented in the field. Clicking on the marker allows the user to review the data and photos collected by the field monitor(see example below). The unit rate ticket report is updated in real-time. ('Tb TETRA TECH 2-9 Section 2: Technical Approach Exhibit 2-9: Unit Rate Ticket Map p ` .-- _,..�- . .:.16 . ;. ,. ..., iR,11► sckaalas +ur,,, a•nu.l ihi44. . • _ �. . .. i ♦ • "• -s., M • • • V. ii.,or rty I rat tseePortal CI I go•• ON . ik4 • , 't • 11 6 - t ._ -_ r i 11- s._ _. a► �. QI • i .' ' � `' • INM hw.p•LI ItlII III. r x • • ' i• , 1\. • ; 1 . d •: • i 411 ; ' ',* It'' ' 446/110004 • IIdH PdI.IW n4:pu 1>t i.l �. [IN,1:Silr�t FLLls I I 1 0. lay 'i. ' vizI Crew 5rPvrll/t:NffllWlt•HI 1 . F u,t,ro Ader.s. )s o s IwxtoN AVE H,tnd cos:(I;IJ')4A1>f(f)0 1 ..,......"„. wr..Vvt..rd;IKlMiVbINMd@)InWeit.,, - • . � Bunt.(*doe 15 ro u•• IN(Iw.t: /ale 14 w•� N,.t6wl 114w161^.MAMA DFIFIt((BJ 1)f I t e Wes;N'+ Incident Reporting Another key feature of our ADMS technology is that it allows field monitors to report incidents and provide supporting photographs in real time to the City, Tetra Tech, and the debris contractor. Examples of incidents include reporting pre-existing damage, damage caused by the contractor, debris piles skipped by the contractor, safety hazards, and other incidents critical to a debris removal program. As monitors complete incident reports in the field, the information and supporting photographs are uploaded to the Tetra Tech reporting server. Depending on the type of incident, priority e-mails may be sent out by the reporting server to City representatives, Tetra Tech's project team, and debris contractor representatives. Our firsthand experience assisting local governments with recovering from disasters has shown that accurately capturing and photographing pre-existing damage can alleviate residential damage claims that may be submitted to the City. Additionally, the incident map developed from the collection information is essential to quickly identifying unresolved contractor damages before the completion of the program. Exhibit 2-10: Incident Report Ri o Incident Database Incident Map I141C:[I.;INCIY,tY 12 W t I -Ite 1 ; ,d r^w`.s tdy. yMaas • 111 •• I3511AGL t0 PNor[IIIT K. III �J rN:Att mor•er vuuN.irwa It ' NW./ Iwo IwaI.Cowl.WOO.tYwM 1 t -- Y.t: •w Y•. v`i„11. It, .a1 MIt.Y1 l G 5.. .a0o. u•.o.• fait �Y11!pr,tauMgJ Pla..tn - ( ,,,.. -.7. 04,,. i '�Chlt..„, .Y.r .m1. tf:.]tltlq•. U 10 10 1.... r 4'"•.1 1 gt" L - -- \ f f Th TETRA TECH 2-10 Section 2: Technical Approach Daily Reporting Metrics Tetra Tech has a suite of reports that are automated from RecoveryTracTM and available in real-time via PC, tablet, or smart phone. Although the reports are available at any time to the client, Tetra Tech will submit a daily status report that includes daily cubic yards/tons collected by material and program, cumulative cubic yard/tons collected, number of debris monitors in the field, cumulative cubic yards/tons hauled to final disposal, and daily/cumulative hazard removals. Below are samples of these reports created for recent projects. Additionally, Tetra Tech takes pride in the customization of reports to meet our client's specific needs and have a history of providing tailored reports to any metrics not captured in the generic reports. Exhibit 2-11: Sample Custom Reports Developed Deena Perna SLUM w{m tl.nd)yI4 d,13.201I H.agre•WOWS IOW SIA.p.SOM.fl pert 03/17/201 CITY Of AUGUSTA,CiA .•: ...•.,•. •.• •.•• IT MA 4146 OR 1 WIITFR 5TORu FAT GFDRCaA RIm clxtfc norl . I Inlaid Removals By Day e...sraur 01114E1ry Carr C'awM V.a.e..M1e) Total Cubic Yards 23.181 ;sr,)— stcc,ae.T,VAStGv 23.1, Total Loads 483 Ito ——— 1100 Total Trucks Operating 70 Average CuYds Per Load 50.07 I'`'1 Average Load Call 73.73% IIII am Ulm, Disposal Sites In Opermron 2 rocux / / 1IVlIIIIII IMINNIIF 51-17 Total Cubic Yards By Zone 23,182 f=m n....•. p'.e Ca.o..I ell _.,. . . I.,.1 u;s ul. III2r.3 DI 0 2r.I s 311 0213 0101 ogee Mill 2w I I 313 1>-.I 2))s IOW,I Want Ranwarak CIm1.Ls61p{Inlaid Rer111-Nn' _, Debris Renw.el Status Regod Thusdy,,gad,1).2014 Taal Crews in ate Field I 14^7a u M O)'d f�:1 i:-ir: !r.:1 ' AArr s..e,.W ,. n,..Mae,r.,rl.1 Llama Lin Total Cubic Yards 275,329 _ PNUIJIGWR NIti{P eiWl'4 L.. v3: 2,,, --ij Smarms I.t.S 9.'u __ a _. _. Total Loads 5,734 A. >0occp,.1 Th.su.yusd111,2011 Days Operational to 3 Ira I I� Average Cubic Yards Per Load 48 LOa FAIRGRCG0UA0OS DMS 2E9N T 2 - - :WO, Maximum Day Cubic Yards 23,181 0w. C r, GREEN-MOOtSpOuAL SITE a.Sala •xuwulcwwaI '' I<x..v.<ncom ..•.1 iiiiiiii Average Day Cubic Yards 17,208 ,, a d Average Load Cal 70.79% I C''„r'''KIC=A9e.n 1 7 res nzros an • IIowa.n.ir.in.p.ea..'eaw.ellfe. 4L 1 ., '�14. e MI 2014 trio..T....a Y..N w++1 Contractor Reconciliation RecoveryTracTM significantly reduces the amount of time needed for a contractor to generate an invoice and for the subsequent invoice reconciliation with Tetra Tech. To expedite contractor invoice reconciliation efforts, Tetra Tech requires copies of contracts for all primary debris contractors. After reviewing the necessary contract(s), Tetra Tech sets up the RecoveryTracTM database to generate transactions applicable to contract terms for tickets issued to each debris contractor. Next, Tetra Tech meets with each primary debris contractor to review the debris contractor project reports that will be generated automatically via RecoveryTracTM. The debris contractor project reports will provide the debris contractors with sufficient data to reconcile with their subcontractors as well as generate invoices for payment by the client. The debris contractor is given a report login, which enables them to access the data remotely. They may run the report for a specific date or a range of dates. Tetra Tech conducts several real-time QA/QC checks throughout the day, and a final daily comprehensive data analysis is performed at the close of operations. A final QA/QC check is completed when the debris contractor sends the invoice dataset to Tetra Tech for reconciliation. Incongruences in the debris contractor's data are flagged for review and must be resolved prior to the issuance of a final invoice. Th TETRA TECH 2-11 Section 2: Technical Approach The step-by-step process for contractor invoice reconciliation in a RecoveryTracTM project is outlined below: Exhibit 2-12: Contractor Invoice Reconciliation Process If no discrepancies are Identified,Tetra Tech notifies contractor that data is correct. Contractor generates invoice and submits electronically to •'— Tetra Tech for review. •'— • Q— Contractor revises Invoice G U l and resubmits to Tetra Tech for review. �.r •-- •— �— Contractor imports Tetra Tech reviews •— Once reconciled, ticket details electronically contractor's data `•�— l Tetra generates from Tetra Tech. againist RecoveryTrac1a // an invoice package database record:. that Includes the contractor's If discrepancies are invoice,Tetra Tech's Indentified,Tetra Tech generates a payment recommendation discrepancy report which details and a transmittal letter for differences and ticket number(s). the client's review. Monitor Training Program To properly instruct newly hired employees, Tetra Tech has developed a training program that includes modules specific to the City. These modules are complete with the information required to facilitate accurate field monitoring and ADMS implementation. Qualifying tools included in the training modules assist with the retention of the material and assist Tetra Tech in screening and selecting the most qualified personnel for the monitoring task. Training module topics include truck certification, load site monitor responsibilities, disposal monitor responsibilities, hazardous trees monitor responsibilities, and field supervisor responsibilities. Project Managers, data managers, and operations managers follow standard operating procedures and protocols established in our concept of operations plan. Health and Safety Tetra Tech's employees are the foundation of our business, and protecting them at all work sites is our highest priority. The company subscribes to the philosophy that all occupational incidents can be prevented and that no incident is treated as an acceptable event when we execute our work. To achieve this, the company's health and safety processes are a vital and integral part of our work. Health and safety addressed in our operations and management systems is supported by strong leadership. Tetra Tech's leaders understand their responsibility and accountability to plan for safety and to ensure that safety measures are implemented. Preventing incidents also relies on a management system that regularly evaluates performance and identifies necessary adjustments to target continual improvement. The principal objectives of our program are codified in our written health and safety policy, which is endorsed and regularly monitored by the highest levels of our management team. Industry metrics for our 2016 health and safety performance are provided below: • US Experience Modification Rate (EMR) of 0.71 • 2016 Enterprise-Wide Total Recordable Injury Rate (TRIR)0.54 • 2016 Enterprise-Wide Lost Workday Incident Rate (LWDIR) 0.12 It TETRA TECH 2-12 Section 2: Technical Approach Tetra Tech is committed to workplace safety. As such, a project-specific health and safety plan will be developed for the scope of work. Field staff assigned to the project will be trained on the health and safety plan. Additionally, Tetra Tech project managers have completed the Occupational Safety and Health Administration Disaster Site Worker course and have their 10-hour Construction Safety Certification. During a debris recovery operation, Tetra Tech project managers and supervisors routinely examine the safety of field and debris staging site operations and have the authority to shut down unsafe operations. Debris staging site monitors are equipped with the appropriate personal protective equipment, which may include hard hats, appropriate footwear, reflective vests, hearing protection, and eye protection. Additionally, Tetra Tech project managers conduct regular"tailgate" safety sessions with their field employees to alert them of potential work hazards and review safe work practices. A. PUBLIC ASSISTANCE/GRANT MANAGEMENT CONSULTING SERVICES As one of the nation's premier providers of hazard mitigation, emergency preparedness, and response and recovery services, Tetra Tech is dedicated to helping our clients plan for, respond to, and recover from natural and human-caused disasters. Over the past 20 years, our grant management experts have assisted clients with applying for and retaining grant funds, even after closeout and audit processes. Our team has extensive experience assisting local and state governments with managing and documenting projects that are eligible for federal funding through the FEMA Public Assistance (PA) Program, including multiple, large PA programs for the States of Vermont, South Dakota, and Connecticut. Our team also has significant experience with FHWA Emergency Relief(FHWA-ER) federal reimbursement, having assisted over 60 clients with FHWA application, project management, and reimbursement. Our team's record of success spans over 300 state and local government clients in response to over 50 declared presidential disasters, representing the recovery of more than $4 billion in disaster grant funds. These activations have yielded grant program management engagements resulting in clients not only garnering grant funds but in retaining 99.8 percent of the funds received. Having a national firm with broad capabilities allows the City to bring in the right skills and background for the required scope of work and funding source. From engineers with technical capabilities (i.e., transit, road/bridge, water/wastewater, cost estimating) to former federal and state emergency management officials included on our project team, our team has direct experience with the following grant programs: • FEMA Hazard Mitigation Grant Program (HMGP) • FEMA Flood Mitigation Assistance Program' (FMA) • FEMA PA Program • Pre-Disaster Mitigation (PDM) • Federal Highway Administration-Emergency Relief(FHWA-ER) Program • FHWA Transportation Investment Generating Economic Recovery Grant • Natural Resources Conservation Service (NRCS) Emergency Watershed Protection • U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program Tetra Tech has comprehensive experience working with the CDBG and CDBG-DR programs and has a successful record of helping communities across the region bolster recovery efforts and long-term resilience. Tetra Tech has applied our expertise in the CDBG-DR program to help numerous communities navigate complex program requirements, including the development of action plans, consolidated plans, grant management, application procedures, and compliance review among other services. 'Formerly three separate grant programs:FEMA Severe Repetitive Loss Program, FEMA Repetitive Flood Claims Program, and the FEMA Pre-Disaster Mitigation Program. MI TETRA TECH 2-13 Section 3: Price Proposal To the extent that the City Pearland (City) requests Tetra Tech's assistance, the following positions and hourly rates shall apply. The hourly labor rates shall include all applicable overhead and profit. All non-labor related project costs will be billed to the City at cost without mark-up. Exhibit 3-1: Hourly Labor Rates Labor Category ( Hourly Rate Project Coordinators $34.00 Operations Manager $60.00 GIS Analyst $49.00 Environmental Coordinator $95.00 Scheduler/Expeditors $36.00 Field Supervisor $45.00 Data Manager $55.00 Debris Site/Tower Monitors $33.50 Debris Roving Monitors $0.00 Crew Monitors $33.50 Load Ticket Data Entry Clerks(QA/QC) $25.00 Health and Safety Manager $59.00 ADMS Specialist(Field ADMS Logistics) $55.00 Debris Management Planner/Trainer $110.00 Federal Grant Specialist(Debris) $158.00 Administrative Support Staff $38.00 Billing/Invoice Analyst $45.00 3-1 'rb TETRA TECH PurchasingDe artment City of Pearland p of � PE 44p 281.652.1790 •:rq9a 3519 Liberty Drive Fax 281.652.1738 _I�i Pearland,TX 77581 - T F % A s IfST ea Contractor Insurance Requirements & Agreement Requirements Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s)evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Statutory Limits City to be provided a waiver of Employers' Liability $100,000 per occurrence subrogation and 30 day notice of cancellation or material change in coverage. 2. Commercial General (Public) Personal Injury- $1,000,000 per City to be listed as Additional Liability to include coverage for: person; Property Damage - Insured on Contractor's policy a) Premises/Operations $1,000,000 per occurrence ; and provided 30 day notice of b) Products/Completed General Aggregate - $1,000,000 cancellation or material change in Operations coverage. c) Independent Contractors d) Personal Injury e) Contractual Liability 3. Business Auto Liability to include Combined Single Limit- City shall be provided 30 day coverage for: $1,000,000 notice of cancellation or material a) Owned/Leased vehicles change in coverage. b) Non-owned vehicles c) Hired vehicles Certificate of Insurance forms may be emailed to: Purchasing Department at ebidspearlandtx.gov. Questions regarding required insurance should be directed to Bob Pearce, City of Pearland Purchasing Officer, at bpearce@oearlandtx.gov. This form must be signed and returned with your quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid# 0917-63, Debris Monitoring Services Company: Tetra Tech, Inc. Printed Name: Jonathan Burgiel ill�0` Pt4 _9 ti a- 'S G T. to' NON-COLLUSION STATEMENT "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid." Vendor Tetra Tech, Inc. Address 2901 Wilcrest Drive,Suite 400, Houston,TX 77042 Phone Number (321)441-8518 Fax Number (321)441-8501 Email Address betty.kamara/@tetratech.com Bidder (Signature) 7''�---- Position with Company Jonathan Burgiel, Vice President/Operations Manager Signature of Company Official Authorizing This Bid See attached corporate resolution Company Official (Printed Name) Official Position CERTIFICATE TETRA TECH, INC. I hereby certify to you that I am the duly elected and qualified Senior Vice President, General Counsel and Secretary of Tetra Tech, Inc., a Delaware corporation (the "Company"), and that, as such, I am authorized to execute this Certificate on behalf of the Company. I further certify to you on behalf of the Company that: Jonathan Burgiel, EMI Division Operations Manager, within the Company's Water, Environment and Infrastructure business group, was authorized and empowered, in the name of the Company, in accordance with the Company's Signature Approval Authority Matrix, as approved by the Company's Board of Directors, for and on behalf of the Company, to sign proposals and bind the Company in contractual commitments. IN WITNESS WHEREOF, I have hereunto set my hand as of this 5th day of September, 2017. 0._44.4, Jaf s B. Salin Senior Vice President, General Counsel and Secretary (Seal) ,oRA TECy �a n * FEB 1988 *1 OF4A WARP � o A. ! LPL AS /S r. BC) Contractor Questionnaire Yes No `/ 1. Has the City of Pearland or other governmental entity incurred costs as a result of contested change order(s)from the undersigned company? 2. Has the City of Pearland or other governmental entity been involved in litigation relative to contract performance with the undersigned company? 3. Has the undersigned company failed to meet bid specifications or time limits on other contracts? 4. Has the undersigned company abandoned a contract or refused to perform without legal cause after submitting a bid? • 5. Has the undersigned company had bidding errors or omissions in two or more bid submissions within a thirty six(36) month period? 6. Has the undersigned company failed to perform or performed unsatisfactory on two or more contracts within a thirty six(36)month period? 7. Does the undersigned company have adequate equipment,personnel and expertise to complete the proposed contract? 8. Does the undersigned company have a record of safety violations in two or more contracts within a thirty six(36) month period? 9. Does the undersigned have a criminal offense as an incident to obtaining or attempting to obtain a public or private contractor subcontract,or in the performance of such a contract or subcontract within a ten(10)year period? • 10. Has the undersigned company been convicted of a criminal offense within a ten(10)year period of embezzlement, theft,bribery,falsification or destruction of records,receiving stolen property or any other offense indicating a lack of business integrity or business honesty which might affect responsibility as a municipal contractor? 11. Has the undersigned company been convicted of state or federal antitrust statutes within a ten(10)year period arising out of submission of bids or proposals? 12. Has the undersigned company been disbarred or had a similar proceeding by another governmental entity? If you answered"yes"to Items 1-6 or 8-12 or answered"no"to Item 7,please attach a full explanation to this questionnaire. Company Name: Tetra Tech, Inc. Address: 2301 Lucien Way, Suite 120 Name: Jonathan Burgiel Title: Vice President/Operations Manager (Please Print (Please Print) Signature: Date: September 5,2017 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. None Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 2-1 Name of local government officer about whom the information is being disclosed. None Name of Officer ,J Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. None A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. None Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). /4— 09/4/17 S ature of vendor doing iness with the governmental entity Date Te ra Tech I VP/Operations Manager Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 c• Pt44e V O t E x n s fsT fto REFERENCES Bidder must furnish, with this bid, a list of five (5) references from customers with a similar or larger operation as the City of Pearland. This document, or a similar version issued by your company, must be uploaded with your bid response. (1) Company Name: City of Holly Hill,Florida Contact: Mark Juliano,Public Works Director Phone Number: (386)428-9463 Email Address: mjuliano@hollyhillfl.org Dates of Contract: October 2016-January 2017 Amount of Debris (CY): 137,000 CY (2) Company Name: City of New Smyrna Beach,Florida Contact: Faith G.Miller,MPA,MMC,Maintenance Operations Director Phone Number: (386)424-2202 Email Address: fmiller@cityofnsb.com Dates of Contract: October 2016-January 2017 Amount of Debris (CY): 200,000 CY (3) Company Name: City of Port Orange,Florida Contact: Alexandra Torrent,Public Works Phone Number: (386)506-5573 Email Address: atorrent@port-orange.org Dates of Contract: October 2016 -January 2017 Amount of Debris (CY): 428,000 CY (4) Company Name: City of South Daytona,Florida Contact: Les Gillis,P.E.,Director of Public Works Phone Number: (386) 322-3080 Email Address: lgillis@southdaytona.org Dates of Contract: October 2016-December 2016 Amount of Debris (CY): 93,000 (5) Company Name: City of Friendswood,Texas Contact: Brian Mansfield,Emergency Management Coordinator Phone Number: (281) 996-3335 Email Address: b.mansfield@ci.friendswood.tx.us Dates of Contract: November 1 -November 16,2015 Amount of Debris (CY): 8,782 THE CITY OF PEARLAND, TEXAS DOCUMENT 00435, REQUIRED BY ALL BIDDERS WHO WILL RECEIVE FEDERAL FUNDS IN PAYMENT OF PROCUREMENT. BIDDER'S CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (49 CFR PART 29) The undersigned certifies, by submission of this proposal or acceptance of this contract, that neither Contractor nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. Bidder agrees that by submitting this proposal that Bidder will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Bidder or any lower tier participant is unable to certify to this statement, that participant shall attach an explanation to this document. Certification that the above information is true and complete to the best of my knowledge and belief. Jonathan Burgiel (Prin ed or typed Name of natory) (Signatu September 5,2017 (Date) NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 END OF DOCUMENT 00435-FAA THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL. PROPOSAL CERTIFICATION FORM DEBRIS MONITORING SERVICES RFP #0917-63 CITY OF PEARLAND, TEXAS Having read and understood the instructions, terms, conditions and specifications, I submit the following and further certify that the undersigned Authorized Representative is duly authorized to bind the Company named below in a contract in response to the solicitation referenced above: Tetra Tech, Inc. Witn Company Name September 5,2017 Date ,011forized Representa Signature Jonathan Burgiel Printed Name Vice President/Operations Manager Title 2301 Lucien Way, Suite 120 P.O. Box 911642 Correspondence Address Remit Address Maitland, FL 32751 Denver, CO 90291-1642 City,State, Zip Code City,State, Zip Code 95-4148514 321-441-8518 Tax Identification Number (Tin/Fien/Ssn) Telephone Number 321-441-8501 Fax Number betty.kamara@tetratech.com Email address THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL 1\V J. 1111 L1VI 11.1J1,1_,1 l.) VV1 11 J.V1\ 11111J 11V LVLL 11.11 .J 11.V L•1 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: 1 a. contract a. bid/offer/application a. initial filing t b. grant b. initial award I b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name Ei Prime ❑ Subawardee and Address of Prime: Tier , if known: Congressional District, if known: 4c Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): 11.Information requested through this form Is authorized by title 31 U.S.C.section Signature: 1352. This disclosure of lobbying activities Is a material representation of fact upon which reliance was placed by the tier above when this transaction was made cr entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name. information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and Title: not more than$100,000 for each such failure. Telephone No.:_ Date: Federal Use Only Authorized for Local Reproduction Standard Form LLL(Rev.7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 employeeof a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier.Subawards Include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee,"then enter the full name,address, city, State and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For example,Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., °RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in Item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name, First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act, as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. 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. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. nature of Contractor's Authorized Official Jonathan Burgiel Vice President/ Operations Manager Name and Title of Contractor's Authorized Official September 5, 2017 Date Section 5: Exceptions EXCEPTIONS Tetra Tech has received the City's RFP, #0917-63 for debris monitoring services, and would like the City to consider the following request regarding performance/payment bonds: Performance and payment bonds shall be submitted to the purchasing office within 7 business days of notice to proceed. Tetra Tech will work with the City of Pearland closely to determine and initial estimated project amount. The performance bond and payment bonds shall be in an amount of 100% of the initial estimated project amount. 't TETRA TECH 5-1 EXHIBIT C During the performance of this contract, TETRA TECH, INC. (hereinafter"contractor") agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about,discussed,or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules,regulations, and relevant orders of the Secretary of Labor,that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from,or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (2) The implementing regulations at 41 C.F.R.Part 60(Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), are expressly incorporated herein by reference as if set forth verbatim. (c)Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. Current as of 1-9-17 EXHIBIT D 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 II. 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. Key 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. It does not annly to other FF,MA gran and oop ratio 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 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, ¶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 apply, 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 II, ¶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 (Nonprocurement 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 II,¶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 (PDAT)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, ¶2. 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 DIHS'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 (I) 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, Tetra Tech,Inc. , 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 et seq., apply to this certification and disclosure, if any. ;rtc3,_ Signature of Contractor's Authorized Official Jonathan Burgiel, Vice President/Operations Manager Name and Title of Contractor's Authorized Official September 5, 2017 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, ¶7. 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 pasties 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 DHS 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