R2024-118 2024-06-24RESOLUTION NO. R2024-118
A Resolution of the City Council of the City of Pearland, Texas, awarding a 5-
year unit supply contract (3-year initial term with two 1-year renewals), in the
estimated amount of $500,000.00, for the purchase of Debris Monitoring
Services to Tetra Tech, Incorporated, for the period of June 25, 2024 to March
25, 2027.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City obtained bids for Debris Monitoring Services.
Section 2. That the City Council hereby awards a contract to Tetra Tech, Incorporated,
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 Debris Monitoring Services.
PASSED, APPROVED and ADOPTED this the 24th day of June, A.D., 2024.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 44364158-FDEC-4181-81D6-BACEC4A9081C
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
General Services Contract
Exhibit A
This Contract (Contract) is made between the City of Pearland, Texas (City), and Contractor. The
City and Contractor agree to the terms and conditions of this Contract, which consists of the following
parts:
I. Summary of Contract Terms
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions (Additional Contractor Signatures Required — Pg 9)
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor:
Tetra Tech, Inc.
2301 Lucien Way, Suite 120
Maitland, FL 32751
Description of Services: Post -disaster debris monitoring services for the City of Pearland
Bid/Solicitation Type and No: RFP 0224-11
Council Resolution No: Resolution R2024-118
Contract Type: Unit Price Contract, to be activated via Notice to Proceed
Effective Date: June 25, 2024 End Date: March 25, 2025
Renewal: Two (2) one-year renewal option available, upon the mutual
agreement of both parties.
Additional Instructions: Additional endorsement required by Contractor on Page 9.
II. Signatures — Contract Execution
The undersigned hereby execute this Unit Price Contract and agree to all of the following terms
and conditions.
City of Pearland
Trent Epperson, City Manager
Printed Name and Title
Signature
el / 7 I ,an
Date
Tetra Tech, Inc.
Jonathan Burgiel, Business Unit President
Printed Name and Title
07 / 08 / 2024
Date
Page 1 of 13
I11. Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as
described in Exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the
terms and condtons specified in this Contract. Contractor will bill the City for the Services
provided at intervals of at least 30 days except for the final billing. The City shall pay
Contractor for the Services in accordance with the terms of this Contract, but all payments to
be made by the City to Contractor, including the time of payment and the payment of interest
on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the
Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may terminate
this Contract during its term at any time for the City's own convenience where the
Contractor is not in default by giving written notice to Contractor. If the City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract
as provided in this paragraph if the other party fails to comply with its terms. The
party alleging the default will give the other party notice of the default in writing citing
the terms of the Contract that have been breached and what action the defaulting
party must take to cure the default. If the party in default fails to cure the default as
specified in the notice, the party giving the notice of default may terminate this
Contract by written notice to the other party, specifying the date of termination.
Termination of this Contract under this paragraph does not affect the right of either
party to seek remedies for breach of the Contract as allowed by law, including any
damages or costs suffered by either party.
(3) Multi -Year Contracts and Funding. If this Contract extends beyond the City s fiscal
year in which it becomes effective or provides for the City to make any payment during
any of the City's fiscal years following the City s fiscal year in which this Contract
becomes effective and the City fails to appropriate funds to make any required
Contract payment for that successive fiscal year and there are no funds from the City's
sale of debt instruments to make the required payment, then this Contract
automatically terminates at the beginning of the first day of the City's successive fiscal
year of the Contract for which the City has not appropriated funds or otherwise
provided for funds to make a required payment under the Contract.
(4) Renewals and Pricing. Renewal pricing will be calculated using the applicable
Consumer Pricing Index (CPI) at the onset of the renewal.
Methodology. The percentage change requested shall be calculated (and included
in the request) by determining the index point change between the appropriate two
periods; and then determining the percent change. The formula to be used is as
follows:
Most Current CPI (minus) CPI of the month of prior year contract will be executed
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CPI Variance (divided by) CPI of the month of prior year contract executed X 100
CPI
(example calculation below)
Current
CPI
272.772
(Feb
'24)
Less CPI
for
prior year contract
start
-date
268.379
(June
'23)
Equals
index
point
change
4.393
Divided
by
previous
period
CPI
268.379
(June
'23)
Equals
0.016369
Result
multiplied
by
100
0.016369
X 100
Equals
percent
change
1.64%
D. Liability and Indemnity. Any provision of any attached contract document that limits the
Contractor's liability to the City or releases the Contractor from liability to the City for actual
or compensatory damages, loss, or costs arising from the performance of this Contract or
that provides for contractual indemnity by one party to the other party to this Contract is not
applicable or effective under this Contract. Except where an Additional Contract Document
provided by the City provides otherwise, each party to this Contract is responsible for
defending against and liable for paying any claim, suit, or judgment for damages, loss, or
costs arising from that party's negligent acts or omissions in the performance of this Contract
in accordance with applicable law. This provision does not affect the right of either party to
this Contract who is sued by a third party for acts or omissions arising from this Contract to
bring in the other party to this Contract as a third -party defendant as allowed by law.
E. Assignment. The Contractor shall not assign this Contract without the prior written
consent of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas
and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction
located in or having jurisdiction in Brazoria County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and the
Contractor and supersedes all prior negotiations, representations, or contracts, either written
or oral. This Contract may be amended only by written instrument signed by both parties.
H. Independent Contractor. Contractor shall perform the work under this Contract as an
independent contractor and not as an employee of the City The City has no right to
supervise, direct or control the Contractor or Contractor's officers or employees in the
means methods, or details of the work to be performed by Contractor under this Contract.
The City and Contractor agree that the work performed under this Contract is not inherently
dangerous, that Contractor will perform the work in a workmanlike manner, and that
Contractor will take proper care and precautions to insure the safety of Contractor's officers
and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties The parties will each pay one-
half of the mediator's fees.
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J. Attorney's Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract, neither party will seek or
be entitled to an award of attorney's fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the
remainder of the Contract continues to be binding on the parties.
IV. Special Terms or Conditions.
(Federal)
A. Equal Opportunity
Per federal regulations in 41 CFR Part 60-1.4(C)(b), during the performance of this
contract, the CONTRACTOR:
(1) 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 followings Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training including apprenticeship. The
CONTRACTOR agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause
(2) The CONTRACTOR will in all solicitations or advertisements for employees placed by or
on behalf of the CONTRACTOR, state that all qualified applicants will receive considerations
for employment without regard to race, color religion, sex, or national origin.
(3) The CONTRACTOR will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding a notice to be
provided advising the said labor union or workers' representatives of the CONTRACTOR's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(4) The CONTRACTOR will comply with all provisions of Executive Order 11246 of
September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of
Labor.
(5) The CONTRACTOR will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(6) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the CONTRACTOR may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of September
24, 1965 and such other sanctions as may be imposed and remedies invoked as provided
in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Page 4 of 13
Secretary of Labor, or as otherwise provided by law.
(7) The CONTRACTOR will include the option 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 CONTRACTOR. 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 CONTRACTOR or CONTRACTOR 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."
B Davis -Bacon Act
The CONTRACTOR agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours
and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and
local laws and regulations pertaining to labor standards insofar as those acts apply to the
performance of this Agreement. The CONTRACTOR agrees to comply with the Copeland
Anti -Kick Back Act (18 U.S.C. 874 et seq) and it's implementing regulations of the U.S
Department of Labor at 29 CFR Part 3. The CONTRACTOR shall maintain documentation
that demonstrates compliance with hour and wage requirements of this part. Such
documentation shall be made available to the Subrecipient for review upon request.
The CONTRACTOR agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all CONTRACTORs engaged under
contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole
or in part with assistance provided under this contract, shall comply with Federal
requirements adopted by the Subrecipient in 2 CFR Part 200, Appendix II, ¶ D, pertaining to
such contracts and with the applicable requirements of the regulations of the Department of
Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of
apprentices and trainees to journey workers; provided that, if wage rates higher than those
required under the regulations are imposed by state or local law, nothing hereunder is
intended to relieve the CONTRACTOR of its obligation, if any, to require payment of the
higher wage. The CONTRACTOR shall cause or require to be inserted in full, in all such
contracts subject to such regulations, provisions meeting the requirements of this paragraph.
C. 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 shall insert in any subcontracts the clause above and
such other clauses as the federal government may by appropriate instructions require, and
also a clause requiring the CONTRACTORs to include these clauses in any lower tier
subcontracts. The PRIME CONTRACTOR shall be responsible for the compliance by any
CONTRACTOR or lower tier CONTRACTOR 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 CONTRACTOR as provided in 29
C.F R. § 5.12.'
Page 5 of 13
D. Contract Work Hours and Safety Standards Act
Applicability: This requirement applies to all federal grant and cooperative agreement
programs.
Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non Federal entity in
excess of $1 00,000 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.
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.
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.
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:
(1) Overtime requirements. The CONTRACTOR nor CONTRACTOR 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
CONTRACTOR responsible therefor shall be liable for the unpaid wages. In addition, such
CONTRACTOR and CONTRACTOR 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
f01th in paragraph (I) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City of Pearland 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 CONTRACTOR 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 CONTRACTOR for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The CONTRACTOR or CONTRACTOR shall insert in any subcontracts the
Page 6 of 13
clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the
CONTRACTORs to include these clauses in any lower tier subcontracts. The PRIME
CONTRACTOR shall be responsible for compliance by any CONTRACTOR or lower tier
CONTRACTOR with the clauses set forth in paragraphs (1) through (4) of this section."
E. Rights to Inventions Made Under a Contract or Agreement.
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
P rogram, 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."
If a 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 patties, 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 FEMA.
S ee 2 C.F.R. Part 200, Appendix II, § F.
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 pm ties, 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.
F. Debarment and Suspension.
Applicability: This requirement applies to all federal grant and cooperative agreement
programs.
N on 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).
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, § I; and Chapter N,
§ 6.d and Appendix C, § 2. 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 patties debarred, suspended or otherwise excluded by agencies,
as well as patties 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; Chapter IV, § 6.d and Appendix C, § 2.
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
patties that receive Federal funding indirectly, such as CONTRACTORs to recipients and
Page 7 of 13
subrecipients. The key to the exclusion is whether there is a "covered transaction," which is
any non -procurement 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 non -procurement common rule and DHS's implementing
regulations, it does include some contracts awarded by recipients and subrecipient.
Specifically, a covered transaction includes the following contracts for goods or services:
(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 the awarding federal agency, 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 federal approval, or is in excess of
$25,000
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) 01' disqualified (defined at 2 C.F.R. § 180.935).
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.
This certification is a material representation of fact relied upon by City of Pearland 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 the Texas Division of
Emergency Management (TDEM) and/or the City, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions."
G. Byrd Anti -Lobbying Amendment.
Applicability: This requirement applies to all federal grant and cooperative agreement
programs.
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, § J 44 C.F.R. Part 18; Chapter N, 6.c*
Appendix C, § 4.
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
Page 8 of 13
disclosures are forwarded from tier to tier up to the non -Federal award. See Chapter IV, § 6.c
and Appendix C, § 4.
Per the Byrd Anti -Lobbying Amendment. 31 U.S.C. § 1352 (as amended), should the
CONTRACTOR bid for an award of $100,000 or more, the CONTRACTOR 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.
H. Certification Regarding Lobbying
The undersigned CONTRACTOR certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2 If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 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.
Signatu e •f CONTRACTSJ. Authorized Official
Jonathan Burgiel, Business Unit President
Name and Title of CONTRACTOR's Authorized Official
7/8/2024
Date
Page 9 of 13
I. Procurement of Recovered Materials.
Applicability: This requirement applies to all federal grant and cooperative agreement
programs.
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, § K; 2 C.F.R. § 200.322; Chapter V
§7
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 II 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.
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:
(1) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(2) Meeting contract performance requirements; or
(3) At a reasonable price.
J. Additional Federal Requirements.
The Uniform Rules authorize the federal government to require additional provisions for non -
Federal entity contracts. Pursuant to this authority, the following are required:
Changes.
To be eligible for federal assistance under the non Federal entity's 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. It is recommended, 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
Access to Records.
The following access to records requirements apply to this contract:
(1) The CONTRACTOR agrees to the PRIME CONTRACTOR, City of Pearland, the
Comptroller General of the United States, and the Secretary of the U.S Treasury 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
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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 federal government or an authorized
representatives access to construction or other work sites pertaining to the work being
completed under the contract?
Seals, Logos, and Flags.
The CONTRACTOR shall not use the seal(s), logos, crests, or reproductions of flags or
likenesses of any federal, State or local agency without specific pre -approval from any such
agency; particularly, as it relates to OHS Standard Terms and Conditions v 3.0, § XXV
(2013).
Compliance with Federal Law, Regulations, and Executive Orders.
This is an acknowledgement that federal financial assistance will be used to fund the contract
only. The CONTRACTOR will comply will all applicable federal law, regulations, executive
orders, federal policies, procedures and directives.
No Obligation by Federal Government.
The Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the non Federal entity, CONTRACTOR, or any other party pertaining to any
matter resulting from the contract.
Program Fraud and False or Fraudulent Statements 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
K. § 200.326 Bonding requirements.
For construction or facility improvement contracts or subcontracts exceeding the Simplified
Acquisition Threshold, the Federal awarding agency or pass -through entity may accept the
bonding policy and requirements of the non Federal entity provided that the Federal
awarding agency or pass -through entity has made a determination that the Federal interest
is adequately protected. If such a determination has not been made the minimum
requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The
`bid guarantee" must consist of a firm commitment such as a bid bond, certified
check, or other negotiable instrument accompanying a bid as assurance that the
bidder will, upon acceptance of the bid, execute such contractual documents as may
be required within the time specified.
(b) A performance bond on the part of the contractor for 100 percent of the contract
price. A "performance bond' is one executed in connection with a contract to secure
fulfillment of all the contractor's requirements under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract
price. A "payment bond" is one executed in connection with a contract to assure
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payment as required by law of all persons supplying labor and material in the
execution of the work provided for in the contract
L. Special Statutory Conditions
1. Texas Government Code - Chapter 2271. Prohibition on Contracts with Companies
that Boycott Israel By signing this Agreement, the CONSULTANT certifies that if it
's a company with at least 10 full-time employees and has a value of at least $100,000
that is paid wholly or partly from public funds, that it:
a. does not boycott Israel; and
b. will not boycott Israel during the term of the contract.
2. Texas Government Code - Chapter 2274. Prohibition on Contracts with Companies
that Discriminate Against Frearm and Ammunition Industries. By signing this
Agreement, the CONSULTANT certifies that if it is a company with at least 10 full-
time employees and has a value of at least $100,000 that is paid wholly or partly from
public funds, that it:
a. does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and
b. will not discriminate during the term of the contract against a firearm entity or
firearm trade association.
3. Texas Government Code - Chapter 2276. Prohibition on Contracts with Companies
Boycotting Certain Energy Companies. By signing this Agreement, the
CONSULTANT certifies that, if it is a company with at least 10 full-time employees
and has a value of at least $100,000 that is paid wholly or partly from public funds,
that it:
a. does not boycott energy companies; and
b. will not boycott energy companies during the term of the contract.
V. Additional Contract Documents. The following specified documents attached to this Contract
are part of this Contract. Any provision contained in the Contractor's Additional Contract Documents
that conflicts with this Contract shall have no legal effect.
A. Contractor's Additional Contract Documents:
1. The contractor's response to bid # 0224-11 (Exhibit C) shall be construed as
additional contract documents.
2. Executed Contractor Insurance Requirements & Agreement (required insurance
certificate[s] shall be in possession of City at actual commencement of work).
B. City's Additional Contract Documents:
1. Scope of Services as listed on the attached.
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EXHIBIT B
CONTRACTOR UNIT PRICING
Scope of services shall consist of the contractor providing post disaster debris monitoring services,
on an as needed basis for the City of Pearland, per the specifications of bid # 0224-11 (Exhibit B);
resolution # R2024-118. Pricing is as follows per contractor's response to the same as listed below
in the attached Supplier Response:
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