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R2024-173 2024-08-26RESOLUTION NO. R2024-173 A Resolution of the City Council of the City of Pearland, Texas, amending a unit supply contract for Debris Management Services with Ceres Environmental Services, Incorporated, in the additional amount of $1,500,000.00 (total contract amount of $3,500,000.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously obtained unit supply bids for Debris Management Services. Section 2. That the City Council hereby amends a contract with Ceres Environmental Servcies, Incorporated. Section 3. The City Manager or his designee is hereby authorized to execute an amended contract for the purchase of Debris Management Services. PASSED, APPROVED and ADOPTED this the 26th day of August, 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: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB10/2/2024 | 3:19 PM CDT Ill. 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 conditions 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 Page 2 of 13 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB = CPI Variance (divided by) CPI of the month of prior year contract executed X 100 = CP I (example calculation below) Current CPI 272.772 (Feb '24) Less CPI for prior year contract start-date 268 .379 (June '23) Equals index point chanqe 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 negotiat ions , 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 Resolut ion 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. Page 3 of 13 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB J . Attorney's Fees . Should either party to th is 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 appl icants 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 nat i onal 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 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB 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, ,ID, 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 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB 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 f01 th 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 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB 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 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." 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. See 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. 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). 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 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB 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 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB 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,~ ~ \ <'~ ~ uce rtifies or affirms the truthfulness and accuracy of each statement of its certifica~~-disclosure, if any. In addition, the CONTRACTOR understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apP.IY to this certification and disclosure, if any. c::4;~~ Signature of CONTRACTOR's Authorized Official '°t\C).. \s\.,\.b~\IL >~~ ~ Name and Title of CON t RACT R'sAuthorizedOfficial Page 9 of 13 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB 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 Page 10 of 13 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB 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 patty 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 Page 11 of 13 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB 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 CONSUL TANT 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 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 Firearm and Ammunition Industries. By signing this Agreement, the CONSUL TANT 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 CONSUL TANT 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 # 0224-12 (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. Page 12 of 13 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB EXHIBIT B CONTRACTOR UNIT PRICING Scope of services shall consist of the contractor providing post disaster debris management services, on an as needed basis for the City of Pearland, per the specifications of bid # 0224-12 ( Exhibit B); resolution# R2024-106. Pricing is as follows per contractor's response to the same, as listed below: Page 13 of 13 Docusign Envelope ID: C8B9F6BE-BC82-4BC8-9FBC-0DCCB1C32EFB Exhibit C Pkg Line Pck #Line #Line Type QTY UOM Specification Note To Bidder Per Unit Cost Proposed Total Cost PKHD 1 Commodity-Alts Right of Way Vegetative Debris Removal (Collect & Haul)(enter amounts below) PKLN 1 1 Commodity-Alts 100,000 CY 0 - 15 miles $ Per Cubic Yard 9.49$ 949,000.00$ PKLN 1 2 Commodity-Alts 100,000 Ton 0 - 15 miles $ Per Ton 64.00$ 6,400,000.00$ PKLN 1 3 Commodity-Alts 60,000 CY 15.1 - 30 miles $ Per Cubic Yard 9.68$ 580,788.00$ PKLN 1 4 Commodity-Alts 60,000 Ton 15.1 - 30 miles $ Per Ton 65.28$ 3,916,800.00$ PKLN 1 5 Commodity-Alts 5,000 CY 30.1 - 60 miles $ Per Cubic Yard 9.87$ 49,366.98$ PKLN 1 6 Commodity-Alts 5,000 Ton 30.1 - 60 miles $ Per Ton 66.59$ 332,928.00$ PKLN 1 7 Commodity-Alts 5,000 CY 60.1 + miles $ Per Cubic Yard 10.07$ 50,354.32$ PKLN 1 8 Commodity-Alts 5,000 Ton 60.1 + miles $ Per Ton 67.92$ 339,586.56$ Subtotal 12,618,823.86$ PKHD 2 Commodity-Alts Right of Way Construction & Demolition Debris Removal (Collect & Haul) PKLN 2 1 Commodity-Alts 200,000 CY 0 - 15 miles $ Per Cubic Yard 9.98$ 1,996,000.00$ PKLN 2 2 Commodity-Alts 200,000 Ton 0 - 15 miles $ Per Ton 67.00$ 13,400,000.00$ PKLN 2 3 Commodity-Alts 25,000 CY 15.1 - 30 miles $ Per Cubic Yard 10.48$ 261,975.00$ PKLN 2 4 Commodity-Alts 25,000 Ton 15.1 - 30 miles $ Per Ton 70.35$ 1,758,750.00$ PKLN 2 5 Commodity-Alts 10,000 CY 30.1 - 60 miles $ Per Cubic Yard 10.69$ 106,885.80$ PKLN 2 6 Commodity-Alts 10,000 Ton 30.1 - 60 miles $ Per Ton 71.76$ 717,570.00$ PKLN 2 7 Commodity-Alts 10,000 CY 60.1 + miles $ Per Cubic Yard 10.90$ 109,023.52$ PKLN 2 8 Commodity-Alts 10,000 Ton F $ Per Ton 73.19$ 731,921.40$ Subtotal 19,082,125.72$ PKHD 3 Commodity-Alts Haul-out of Reduced Debris to Final Disposal Site PKLN 3 1 Commodity-Alts 50,000 CY 0 - 15 miles $ Per Cubic Yard 3.98$ 199,000.00$ PKLN 3 2 Commodity-Alts 50,000 Ton 0 - 15 miles $ Per Ton 13.98$ 699,000.00$ PKLN 3 3 Commodity-Alts 30,000 CY 15.1 - 30 miles $ Per Cubic Yard 4.18$ 125,370.00$ PKLN 3 4 Commodity-Alts 30,000 Ton 15.1 - 30 miles $ Per Ton 14.68$ 440,370.00$ PKLN 3 5 Commodity-Alts 10,000 CY 30.1 - 60 miles $ Per Cubic Yard 4.26$ 42,625.80$ PKLN 3 6 Commodity-Alts 10,000 Ton 30.1 - 60 miles $ Per Ton 14.97$ 149,725.80$ PKLN 3 7 Commodity-Alts 10,000 CY 60.1 + miles $ Per Cubic Yard 4.35$ 43,478.32$ PKLN 3 8 Commodity-Alts 10,000 Ton 60.1 + miles $ Per Ton 15.27$ 152,720.32$ Subtotal 1,852,290.23$ PKHD 4 Commodity-Alts Commodity-Alts Removal of Eligible Hazardous Stumps PKLN 4 1 Commodity-Alts 1 EA 500 $ Per Stump 598.00$ 598.00$ PKLN 4 2 Commodity-Alts 1 EA 400 $ Per Stump 799.00$ 799.00$ PKLN 4 3 Commodity-Alts 1 EA 300 $ Per Stump 998.00$ 998.00$ Subtotal 2,395.00$ PKHD 5 Commodity-Alts Private Property Vegetative Debris Removal PKLN 5 1 Commodity-Alts 100,000 CY 0 - 15 miles $ Per Cubic Yard 9.49$ 949,000.00$ PKLN 5 2 Commodity-Alts 100,000 Ton 0 - 15 miles $ Per Ton 64.00$ 6,400,000.00$ PKLN 5 3 Commodity-Alts 50,000 CY 15.1 - 30 miles $ Per Cubic Yard 9.96$ 498,225.00$ PKLN 5 4 Commodity-Alts 50,000 Ton 15.1 - 30 miles $ Per Ton 67.20$ 3,360,000.00$ PKLN 5 5 Commodity-Alts 5,000 CY 30.1 - 60 miles $ Per Cubic Yard 10.16$ 50,818.95$ PKLN 5 6 Commodity-Alts 5,000 Ton 30.1 - 60 miles $ Per Ton 68.54$ 342,720.00$ PKLN 5 7 Commodity-Alts 5,000 CY 60.1 + miles $ Per Cubic Yard 10.37$ 51,835.33$ PKLN 5 8 Commodity-Alts 5,000 Ton 60.1 + miles $ Per Ton 69.91$ 349,574.40$ Subtotal 12,002,173.68$ PKHD 6 Commodity-Alts Private Property Construction & Demolition Debris Removal PKLN 6 1 Commodity-Alts 100,000 CY 0 - 15 miles $ Per Cubic Yard 9.98$ 998,000.00$ PKLN 6 2 Commodity-Alts 100,000 Ton 0 - 15 miles $ Per Ton 67.00$ 6,700,000.00$ PKLN 6 3 Commodity-Alts 50,000 CY 15.1 - 30 miles $ Per Cubic Yard 10.48$ 523,950.00$ PKLN 6 4 Commodity-Alts 50,000 Ton 15.1 - 30 miles $ Per Ton 70.35$ 3,517,500.00$ PKLN 6 5 Commodity-Alts 5,000 CY 30.1 - 60 miles $ Per Cubic Yard 10.69$ 53,442.90$ PKLN 6 6 Commodity-Alts 5,000 Ton 30.1 - 60 miles $ Per Ton 71.76$ 358,785.00$ PKLN 6 7 Commodity-Alts 5,000 CY 60.1 + miles $ Per Cubic Yard 10.90$ 54,511.76$ PKLN 6 8 Commodity-Alts 5,000 Ton 60.1 + miles $ Per Ton 73.19$ 365,960.70$ Subtotal 12,572,150.36$ PKHD 7 Commodity-Alts Demolition, Removal, Transport, and Demolition of Eligible NON-Regulated Asbestos-Containing Material Structures PKLN 7 1 Commodity-Alts 100,000 CY 0 - 15 miles $ Per Cubic Yard 12.97$ 1,297,000.00$ PKLN 7 2 Commodity-Alts 100,000 Ton 0 - 15 miles $ Per Ton 100.50$ 10,050,000.00$ PKLN 7 3 Commodity-Alts 50,000 CY 15.1 - 30 miles $ Per Cubic Yard 13.62$ 680,925.00$ PKLN 7 4 Commodity-Alts 50,000 Ton 15.1 - 30 miles $ Per Ton 105.53$ 5,276,250.00$ PKLN 7 5 Commodity-Alts 5,000 CY 30.1 - 60 miles $ Per Cubic Yard 13.89$ 69,454.35$ PKLN 7 6 Commodity-Alts 5,000 Ton 30.1 - 60 miles $ Per Ton 107.64$ 538,177.50$ PKLN 7 7 Commodity-Alts 5,000 CY 60.1 + miles $ Per Cubic Yard 14.17$ 70,843.44$ PKLN 7 8 Commodity-Alts 5,000 Ton 60.1 + miles $ Per Ton 109.79$ 548,941.05$ Subtotal 18,531,591.34$ PKHD 8 Commodity-Alts Demolition, Removal, Transport, and Demolition of Eligible Regulated Asbestos-Containing Material Structures PKLN 8 1 Commodity-Alts 100,000 CY 0 - 15 miles $ Per Cubic Yard 20.75$ 2,075,200.00$ PKLN 8 2 Commodity-Alts 100,000 Ton 0 - 15 miles $ Per Ton 160.80$ 16,080,000.00$ PKLN 8 3 Commodity-Alts 50,000 CY 15.1 - 30 miles $ Per Cubic Yard 21.79$ 1,089,480.00$ PKLN 8 4 Commodity-Alts 50,000 Ton 15.1 - 30 miles $ Per Ton 168.84$ 8,442,000.00$ PKLN 8 5 Commodity-Alts 5,000 CY 30.1 - 60 miles $ Per Cubic Yard 22.23$ 111,126.96$ PKLN 8 6 Commodity-Alts 5,000 Ton 30.1 - 60 miles $ Per Ton 172.22$ 861,084.00$ PKLN 8 7 Commodity-Alts 5,000 CY 60.1 + miles $ Per Cubic Yard 22.67$ 113,349.50$ PKLN 8 8 Commodity-Alts 5,000 Ton 60.1 + miles $ Per Ton 175.66$ 878,305.68$ Subtotal 29,650,546.14$ PKHD 9 Commodity-Alts Removal of Eligible Hazardous Leaning Trees and Hanging Limbs PKLN 9 1 Commodity-Alts 1 EA 6" to 12" $ Per Tree 129.00$ 129.00$ PKLN 9 2 Commodity-Alts 1 EA 13" to 24" $ Per Tree 298.00$ 298.00$ PKLN 9 3 Commodity-Alts 1 EA 25" to 36"$ Per Tree 498.00$ 498.00$ PKLN 9 4 Commodity-Alts 1 EA 37" to 48"$ Per Tree 698.00$ 698.00$ PKLN 9 5 Commodity-Alts 1 EA 49" and larger $ Per Tree 798.00$ 798.00$ PKLN 9 6 Commodity-Alts 1 EA Hanger Removal (2" or greater at the break and price per tree)$ Per Tree 119.00$ 119.00$ Subtotal 2,540.00$ PKHD 10 Commodity-Alts Removal of Eligible Hazardous Leaning Trees and Hanging Limbs from Private Property PKLN 10 1 Commodity-Alts 1 EA 6" to 12" $ Per Tree 179.00$ 179.00$ PKLN 10 2 Commodity-Alts 1 EA 13" to 24" $ Per Tree 419.00$ 419.00$ PKLN 10 3 Commodity-Alts 1 EA 25" to 36"$ Per Tree 698.00$ 698.00$ PKLN 10 4 Commodity-Alts 1 EA 37" to 48"$ Per Tree 998.00$ 998.00$ PKLN 10 5 Commodity-Alts 1 EA 49" and larger $ Per Tree 1,119.00$ 1,119.00$ EXHIBIT A 1 Exhibit C Pkg Line Pck #Line #Line Type QTY UOM Specification Note To Bidder Per Unit Cost Proposed Total Cost EXHIBIT A PKLN 10 6 Commodity-Alts 1 EA Hanger Removal (2" or greater at the break and price per tree)$ Per Tree 167.00$ 167.00$ Subtotal 3,580.00$ PKHD 11 Commodity-Alts Removal of Eligible Hazardous Stumps from Private Property PKLN 11 1 Commodity-Alts 1 EA 24" to 36"$ Per Stump 498.00$ 498.00$ PKLN 11 2 Commodity-Alts 1 EA 37" to 48"$ Per Stump 698.00$ 698.00$ PKLN 11 3 Commodity-Alts 1 EA 49" and larger $ Per Stump 898.00$ 898.00$ Subtotal 2,094.00$ PKHD 12 Commodity-Alts Removal of Eligible White Goods PKLN 12 1 Commodity-Alts 1 Without Freon Recovery $ Per Each 55.00$ 55.00$ PKLN 12 2 Commodity-Alts 1 With Freon Recovery $ Per Each 98.00$ 98.00$ Subtotal 153.00$ PKHD 13 Commodity-Alts Removal of Abandoned Eligible Vessel PKLN 13 1 Commodity-Alts 1 LF Land-based removal of sunken vessels w/keeled hulls $ Per Linear Foot 89.00$ 89.00$ PKLN 13 2 Commodity-Alts 1 LF Marine-based removal of sunken vessels with keeled hulls $ Per Linear Foot 139.00$ 139.00$ PKLN 13 3 Commodity-Alts 1 LF Abandoned vessels on ROW or public property with keeled hulls $ Per Linear Foot 69.00$ 69.00$ PKLN 13 4 Commodity-Alts 1 LF Land-based removal of sunken vessels w/flat or v-hulls $ Per Linear Foot 79.00$ 79.00$ PKLN 13 5 Commodity-Alts 1 LF Marine-based removal of sunken vessels with flat or v-hulls $ Per Linear Foot 119.00$ 119.00$ PKLN 13 6 Commodity-Alts 1 LF Abandoned vessels on ROW or public property with flat or v- hulls $ Per Linear Foot 59.00$ 59.00$ Subtotal 554.00$ Total All Debris Removal 106,321,017.32$ PKHD 14 Commodity-Alts Removal of Silt and Mud PKLN 14 1 Commodity-Alts 1 CY 0 - 15 Miles $ Per Cubic Yard 18.00$ 18.00$ PKLN 14 2 Commodity-Alts 1 CY 15.1 - to 30 Miles $ Per Cubic Yard 19.50$ 19.50$ PKLN 14 3 Commodity-Alts 1 CY 30.1 - to 60 Miles $ Per Cubic Yard 21.00$ 21.00$ PKLN 14 4 Commodity-Alts 1 CY 60.1 miles and over $ Per Cubic Yard 24.00$ 24.00$ Subtotal 82.50$ PKHD 15 Commodity-Alts Collection, Staging and Screening of Sand PKLN 15 1 Commodity-Alts 1 CY Collection 0 - 10 Miles $ Per Cubic Yard 14.00$ 14.00$ PKLN 15 2 Commodity-Alts 1 CY Collection Over 10 Miles $ Per Cubic Yard 16.00$ 16.00$ PKLN 15 3 Commodity-Alts 1 CY Staging and screening of sand at Staging Site $ Per Cubic Yard 6.90$ 6.90$ PKLN 15 4 Commodity-Alts 1 CY Return of clean sand, 0-10 miles $ Per Cubic Yard 12.00$ 12.00$ PKLN 15 5 Commodity-Alts 1 CY Return of clean sand, over 10 miles $ Per Cubic Yard 14.00$ 14.00$ Subtotal 62.90$ Total SMS 62.90$ PKHD 16 Commodity-Alts Miscellaneous Items PKLN 16 1 Commodity-Alts 1 Hourly Emergency Road Clearance $ Per Hour 365.00$ 365.00$ PKLN 16 2 Commodity-Alts 1 CY DMS Management and Operations $ Per Cubic Yard 1.45$ 1.45$ PKLN 16 3 Commodity-Alts 1 CY Reduction of Debris Through Grinding $ Per Cubic Yard 2.98$ 2.98$ PKLN 16 4 Commodity-Alts 1 CY Reduction of Debris Through Air Curtain Incineration $ Per Cubic Yard 2.49$ 2.49$ PKLN 16 5 Commodity-Alts 1 CY Reduction of Debris Through Open Burn $ Per Cubic Yard 1.98$ 1.98$ PKLN 16 6 Commodity-Alts 1 Pound Removal of Refrigerator Contents/Non-Hazardous Waste $ Per Pound 2.45$ 2.45$ PKLN 16 7 Commodity-Alts 1 EA Removal of Eligible Used Electronics $ Per Unit 24.00$ 24.00$ PKLN 16 8 Commodity-Alts 1 Pound Removal of Hazardous Household Waste $ Per Pound 5.98$ 5.98$ PKLN 16 9 Commodity-Alts 1 EA Removal of abandoned vehicles on ROW or public property $ Per Each 150.00$ 150.00$ PKLN 16 10 Commodity-Alts 1 EA Operation of vehicle and vessel storage site each day $ Per Each 900.00$ 900.00$ PKLN 16 11 Commodity-Alts 1 Pound Removal and Disposal of Eligible Animal Carcass $ Per Pound 1.98$ 1.98$ PKLN 16 12 Commodity-Alts 1 EA Removal of Eligible Tires $ Per Each 28.00$ 28.00$ PKLN 16 13 Commodity-Alts 1 EA Removal of Eligible Gasoline Powered Tools $ Per Each 55.00$ 55.00$ PKLN 16 14 Commodity-Alts 1 CY Cradle to Grave: ROW Vegetative Debris $ Per Cubic Yard 15.98$ 15.98$ PKLN 16 15 Commodity-Alts 1 CY Cradle to Grave: ROW C&D Debris $ Per Cubic Yard 16.98$ 16.98$ Subtotal 1,574.27$ Total Miscellaneous Items 1,574.27$ PKHD 17 Commodity-Alts Miscellaneous Hourly Rate Items PKLN 17 1 Commodity-Alts 1 Hourly JD 544 Wheel Loader with Debris Grapple or Bucket $ Per Hour 142.00$ 142.00$ PKLN 17 2 Commodity-Alts 1 Hourly JD 644 Wheel Loader with Debris Grapple or Bucket $ Per Hour 149.00$ 149.00$ PKLN 17 3 Commodity-Alts 1 Hourly Extendaboom Forklift with Debris Grapple $ Per Hour 119.00$ 119.00$ PKLN 17 4 Commodity-Alts 1 Hourly Skid Steer, 1,000lb capacity $ Per Hour 129.00$ 129.00$ PKLN 17 5 Commodity-Alts 1 Hourly Skid Steer, 2,000lb capacity $ Per Hour 139.00$ 139.00$ PKLN 17 6 Commodity-Alts 1 Hourly 753 Bobcat Skid Steer Loader with Debris Grapple $ Per Hour 129.00$ 129.00$ PKLN 17 7 Commodity-Alts 1 Hourly 753 Bobcat Skid Steer Loader with Bucket $ Per Hour 129.00$ 129.00$ PKLN 17 8 Commodity-Alts 1 Hourly 753 Bobcat Skid Steer Loader with Street Sweeper $ Per Hour 139.00$ 139.00$ PKLN 17 9 Commodity-Alts 1 Hourly 2-2.5CYs Articulated Loader with Bucket $ Per Hour 139.00$ 139.00$ PKLN 17 10 Commodity-Alts 1 Hourly 3-4CYs Articulated Loader with Bucket $ Per Hour 169.00$ 169.00$ PKLN 17 11 Commodity-Alts 1 Hourly CAT 730 Articulating End Dump or similar $ Per Hour 135.00$ 135.00$ PKLN 17 12 Commodity-Alts 1 Hourly CAT D3 Dozer $ Per Hour 99.00$ 99.00$ PKLN 17 13 Commodity-Alts 1 Hourly CAT D4 Dozer $ Per Hour 109.00$ 109.00$ PKLN 17 14 Commodity-Alts 1 Hourly CAT D5 Dozer $ Per Hour 135.00$ 135.00$ PKLN 17 15 Commodity-Alts 1 Hourly CAT D6 Dozer $ Per Hour 155.00$ 155.00$ PKLN 17 16 Commodity-Alts 1 Hourly CAT D7 Dozer $ Per Hour 185.00$ 185.00$ PKLN 17 17 Commodity-Alts 1 Hourly CAT D8 Dozer $ Per Hour 225.00$ 225.00$ PKLN 17 18 Commodity-Alts 1 Hourly CAT 125-140 Motor Grader $ Per Hour 149.00$ 149.00$ PKLN 17 19 Commodity-Alts 1 Hourly JD 690 Track Hoe with Debris Grapple $ Per Hour 235.00$ 235.00$ PKLN 17 20 Commodity-Alts 1 Hourly JD 690 Track Hoe with Bucket and Thumb $ Per Hour 225.00$ 225.00$ PKLN 17 21 Commodity-Alts 1 Hourly Rubber Tired Excavator with Debris Grapple $ Per Hour 215.00$ 215.00$ PKLN 17 22 Commodity-Alts 1 Hourly JD 310 Rubber Tired Excavator with Debris Grapple $ Per Hour 185.00$ 185.00$ PKLN 17 23 Commodity-Alts 1 Hourly Hydraulic Excavator, 1.5CYs $ Per Hour 195.00$ 195.00$ PKLN 17 24 Commodity-Alts 1 Hourly Hydraulic Excavator, 2.5CYs $ Per Hour 205.00$ 205.00$ PKLN 17 25 Commodity-Alts 1 Hourly 210 Prentice Knuckleboom with Debris Grapple $ Per Hour 275.00$ 275.00$ PKLN 17 26 Commodity-Alts 1 Hourly CAT 623 Self Loader Scraper $ Per Hour 195.00$ 195.00$ PKLN 17 27 Commodity-Alts 1 Hourly Hand Fed Debris Chipper $ Per Hour 115.00$ 115.00$ PKLN 17 28 Commodity-Alts 1 Hourly 300-400 HP Grinder $ Per Hour 450.00$ 450.00$ PKLN 17 29 Commodity-Alts 1 Hourly 800-1000 HP Grinder $ Per Hour 650.00$ 650.00$ PKLN 17 30 Commodity-Alts 1 Hourly 15-Ton Crane $ Per Hour 195.00$ 195.00$ PKLN 17 31 Commodity-Alts 1 Hourly 30-Ton Crane $ Per Hour 370.00$ 370.00$ PKLN 17 32 Commodity-Alts 1 Hourly 50-Ton Crane $ Per Hour 498.00$ 498.00$ PKLN 17 33 Commodity-Alts 1 Hourly 100-Ton Crane $ Per Hour 698.00$ 698.00$ PKLN 17 34 Commodity-Alts 1 Hourly 40'-60' Bucket Truck $ Per Hour 275.00$ 275.00$ PKLN 17 35 Commodity-Alts 1 Hourly 60' or Greater Bucket Truck $ Per Hour 298.00$ 298.00$ PKLN 17 36 Commodity-Alts 1 Hourly Street Sweeper $ Per Hour 110.00$ 110.00$ PKLN 17 37 Commodity-Alts 1 Hourly Crash Truck $ Per Hour 109.00$ 109.00$ PKLN 17 38 Commodity-Alts 1 Hourly Fuel/Service Truck $ Per Hour 92.70$ 92.70$ PKLN 17 39 Commodity-Alts 1 Hourly Water Truck 2000 Gallon $ Per Hour 92.70$ 92.70$ Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the clearing and/or removal of debris and/or silt/mud accumulated or deposited on ROW or Authorized City-owned property. Line items should be priced by the hour, as pricing for equipment shall only be applied when requested by City and while operating. 2 Exhibit C Pkg Line Pck #Line #Line Type QTY UOM Specification Note To Bidder Per Unit Cost Proposed Total Cost EXHIBIT A PKLN 17 40 Commodity-Alts 1 Hourly Vacuum Truck $ Per Hour 234.84$ 234.84$ PKLN 17 41 Commodity-Alts 1 Hourly Portable Light Plant $ Per Hour 29.87$ 29.87$ PKLN 17 42 Commodity-Alts 1 Hourly Scissor Lift, Telescoping $ Per Hour 22.67$ 22.67$ PKLN 17 43 Commodity-Alts 1 Hourly Lowboy Trailer with Tractor $ Per Hour 121.81$ 121.81$ PKLN 17 44 Commodity-Alts 1 Hourly Flatbed Truck $ Per Hour 86.89$ 86.89$ PKLN 17 45 Commodity-Alts 1 Hourly Pick Up Truck (Unmanned)$ Per Hour 19.16$ 19.16$ PKLN 17 46 Commodity-Alts 1 Hourly Self Loading Truck with Debris Grapple, 25-60CYs $ Per Hour 275.00$ 275.00$ PKLN 17 47 Commodity-Alts 1 Hourly Self Loading Truck with Debris Grapple with Trailer, 65-120CYs $ Per Hour 295.00$ 295.00$ PKLN 17 48 Commodity-Alts 1 Hourly Single Axle Dump Truck 5-12CYs $ Per Hour 98.00$ 98.00$ PKLN 17 49 Commodity-Alts 1 Hourly Tandem Axle Dump Truck 16-20CYs $ Per Hour 149.00$ 149.00$ PKLN 17 50 Commodity-Alts 1 Hourly Tandem Axle Dump Truck 21-30CYs $ Per Hour 159.00$ 159.00$ PKLN 17 51 Commodity-Alts 1 Hourly Tandem Axle Dump Truck 31-50CYs $ Per Hour 169.00$ 169.00$ PKLN 17 52 Commodity-Alts 1 Hourly Tandem Axle Dump Truck 51-80CYs $ Per Hour 175.00$ 175.00$ PKLN 17 53 Commodity-Alts 1 Hourly Tandem Axle Dump Truck / Tractor Trailer Over 80CYs $ Per Hour 179.00$ 179.00$ PKLN 17 54 Commodity-Alts 1 Hourly Power Screen $ Per Hour 129.00$ 129.00$ PKLN 17 55 Commodity-Alts 1 Hourly Stacking Conveyor $ Per Hour 21.71$ 21.71$ PKLN 17 56 Commodity-Alts 1 Hourly Chainsaw $ Per Hour 5.00$ 5.00$ PKLN 17 57 Commodity-Alts 1 Hourly 5kW Portable/Mobile Generator $ Per Hour 39.00$ 39.00$ PKLN 17 58 Commodity-Alts 1 Hourly 10kW Portable/Mobile Generator $ Per Hour 49.00$ 49.00$ PKLN 17 59 Commodity-Alts 1 Hourly 20kW Portable/Mobile Generator $ Per Hour 59.00$ 59.00$ PKLN 17 60 Commodity-Alts 1 Hourly 40kW Portable/Mobile Generator $ Per Hour 109.00$ 109.00$ PKLN 17 61 Commodity-Alts 1 Hourly 60kW Portable/Mobile Generator $ Per Hour 129.00$ 129.00$ PKLN 17 62 Commodity-Alts 1 Hourly 80kW Portable/Mobile Generator $ Per Hour 134.00$ 134.00$ PKLN 17 63 Commodity-Alts 1 Hourly 100kW Portable/Mobile Generator $ Per Hour 139.00$ 139.00$ PKLN 17 64 Commodity-Alts 1 Hourly 120kW Portable/Mobile Generator $ Per Hour 146.43$ 146.43$ PKLN 17 65 Commodity-Alts 1 Hourly 150kW Portable/Mobile Generator $ Per Hour 166.49$ 166.49$ PKLN 17 66 Commodity-Alts 1 Hourly 175kW Portable/Mobile Generator $ Per Hour 187.13$ 187.13$ PKLN 17 67 Commodity-Alts 1 Hourly 200kW Generator $ Per Hour 207.24$ 207.24$ PKLN 17 68 Commodity-Alts 1 Hourly 240kW Generator $ Per Hour 258.90$ 258.90$ PKLN 17 69 Commodity-Alts 1 Hourly 320kW Generator $ Per Hour 327.65$ 327.65$ PKLN 17 70 Commodity-Alts 1 Hourly 500kW Generator $ Per Hour 505.87$ 505.87$ PKLN 17 71 Commodity-Alts 1 Hourly 640kW Generator $ Per Hour 653.96$ 653.96$ PKLN 17 72 Commodity-Alts 1 Hourly 750kW Generator $ Per Hour 762.71$ 762.71$ PKLN 17 73 Commodity-Alts 1 Hourly 1000kW Generator $ Per Hour 1,010.76$ 1,010.76$ PKLN 17 74 Commodity-Alts 1 Hourly 1500kW Generator $ Per Hour 1,450.89$ 1,450.89$ PKLN 17 75 Commodity-Alts 1 Hourly 2000kW Generator $ Per Hour 1,825.13$ 1,825.13$ PKLN 17 76 Commodity-Alts 1 Hourly 2250kW Generator $ Per Hour 2,099.54$ 2,099.54$ PKLN 17 77 Commodity-Alts 1 Hourly Pump, 95HP (minimum 25' intake and 200' discharge)$ Per Hour 190.00$ 190.00$ PKLN 17 78 Commodity-Alts 1 Hourly Pump, 200HP (minimum 25' intake and 200' discharge)$ Per Hour 290.00$ 290.00$ PKLN 17 79 Commodity-Alts 1 Hourly Pump, 650HP (minimum 25' intake and 200' discharge)$ Per Hour 390.00$ 390.00$ PKLN 17 80 Commodity-Alts 1 Hourly Temporary Office Trailer $ Per Hour 25.00$ 25.00$ PKLN 17 81 Commodity-Alts 1 Hourly Response Trailer 20'$ Per Hour 35.00$ 35.00$ PKLN 17 82 Commodity-Alts 1 Hourly Response Trailer 36'$ Per Hour 55.00$ 55.00$ PKLN 17 83 Commodity-Alts 1 Hourly Mobile Command Center $ Per Hour 190.00$ 190.00$ PKLN 17 84 Commodity-Alts 1 Hourly Laborer with Hand Tools $ Per Hour 49.00$ 49.00$ PKLN 17 85 Commodity-Alts 1 Hourly Flagger $ Per Hour 49.00$ 49.00$ PKLN 17 86 Commodity-Alts 1 Hourly Skilled Sawman $ Per Hour 59.00$ 59.00$ PKLN 17 87 Commodity-Alts 1 Hourly Climber with Gear $ Per Hour 69.00$ 69.00$ PKLN 17 88 Commodity-Alts 1 Hourly Crew Foreman with Truck and Communications $ Per Hour 79.00$ 79.00$ PKLN 17 89 Commodity-Alts 1 Hourly Operations Manager with Truck and Communications $ Per Hour 89.00$ 89.00$ PKLN 17 90 Commodity-Alts 1 Hourly Superintendent with Truck and Communications $ Per Hour 94.00$ 94.00$ Subtotal 22,352.05$ Total Hourly Rate Items 22,352.05$ Grand Total Bid 106,345,006.54$ 3 Exhibit D Service Description Service Rate Cost Amount Ceres Total Hauling Cost Ceres Not To Exceed Amount DMS MANAGEMENT AND OPERATIONS $ 1.45 $ 168,535.24 $1,823,704.13 $2,000,000.00 REDUCTION OF DEBRIS THROUGH GRINDING $ 2.98 $ 346,368.98 REMOVAL OF HAZARDOUS HANGING LIMBS >2 IN $ 119.00 $ 181,832.00 REMOVAL OF HAZARDOUS LEANING TREES 13 - 24 IN $ 298.00 $ 1,490.00 REMOVAL OF HAZARDOUS LEANING TREES 25 - 36 IN $ 498.00 $ 498.00 REMOVAL OF HAZARDOUS LEANING TREES 6 - 12 IN $ 129.00 $ 903.00 ROW C&D DEBRIS REMOVAL 0-15 MI $ 9.98 $ 21,042.83 ROW VEG DEBRIS REMOVAL 0-15 MI $ 9.49 $ 1,103,034.09 Grand Total $ 1,823,704.13 Remaining Amount Under NTE $176,295.87 **Please note that all figures are pending final reconciliation with the contractors. Debris Hauler Totals Through 08/06/2024 Debris Contractor Costs Through 08/06/2024 City of Pearland - FEMA-DR-4798 - Project Cost Summary Exhibit E Service Description Service Rate Cost Amount Ceres Total Hauling Cost Ceres Not To Exceed Amount BLUE RIDGE <4 TON DISPOSAL FEE $ 210.20 $ 40,358.40 $3,134,247.09 $2,000,000.00 BLUE RIDGE >4 TON DISPOSAL FEE $ 52.55 $ 19,933.27 BLUE RIDGE ADMIN FEE $ 19.71 $ 4,986.63 DMS MANAGEMENT AND OPERATIONS $ 1.45 $ 237,087.25 (180k CyDs) REDUCTION OF DEBRIS THROUGH GRINDING $ 2.98 $ 536,400.00 (46k CyDs) HAULING OF VEGETATIVE MULCH 30.1-60MI $ 4.26 $ 195,960.00 REMOVAL OF HAZARDOUS HANGING LIMBS >2 IN $ 119.00 $ 181,832.00 REMOVAL OF HAZARDOUS LEANING TREES 13 - 24 IN $ 298.00 $ 1,490.00 REMOVAL OF HAZARDOUS LEANING TREES 25 - 36 IN $ 498.00 $ 498.00 REMOVAL OF HAZARDOUS LEANING TREES 6 - 12 IN $ 129.00 $ 903.00 (20k CyDs) ROW C&D DEBRIS REMOVAL 0-15 MI $ 9.98 $ 199,600.00 ROW C&D DEBRIS REMOVAL 15.01-30 MI $ 10.48 $ 6,998.54 (180k CyDs) ROW VEG DEBRIS REMOVAL 0-15 MI $ 9.49 $ 1,708,200.00 Grand Total $ 3,134,247.09 Remaining Amount Under NTE ($1,134,247.09) **Please note that all figures are pending final reconciliation with the contractors. Debris Hauler Estimate - 08/18/2024 Debris Contractor Costs Estimate Through 08/18/2024 City of Pearland - FEMA-DR-4798 - Project Cost Summary