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HomeMy WebLinkAboutBid 2024-02Item Cover Page POSTED AGENDA ITEM WORDING SUMMARY DATE:June 27, 2024 AGENDA SECTION:REGULAR AGENDA ITEM TYPE:Contract DEPARTMENT:City Manager's Office REQUESTED BY: Presentation, possible action, and discussion on the approval of RFP 2024-02 and the contract between the City of Humble and DRC Emergency Services based upon unit pricing for the purposes of providing disaster debris removal and emergency response products, equipment, and services. FINANCIAL INFORMATION BUDGETED ITEM:No AMOUNT BUDGETED: AMOUNT REQUESTED: ACCOUNT NUMBER: AGENDA ITEM NO. 4.e CITY COUNCIL AGENDA ITEM REPORT SUBMITTING INFORMATION 1 RECOMMENDED ACTION ATTACHMENTS RFP_2024-02 Memo Debris Removal Disaster Response Contract - Primary - DRC Debris Removal Bid Tab Emergency Response Bid Tab RFP_2024-02_-_Debris_Removal_Services__Emergency_Response_Products_Equipment__Services RFP_2024-02_NOTICE_-_DISASTER_RECOVERY 2 3 DEBRIS REMOVAL SERVICES EMERGENCY RESPONSE PRODUCTS, EQUIPMENT, AND SERVICES AGREEMENT BETWEEN THE CITY OF HUMBLE AND DRC EMERGENCY SERVICES 4 2 TABLE OF CONTENTS ARTICLE 1 – EFFECTIVE DATE/TERM ................................................................................... 3 ARTICLE 2 – SERVICES TO BE PERFORMED BY CONTRACTOR .............................................. 3 ARTICLE 3 – COMPENSATION ............................................................................................. 4 ARTICLE 4 – INSURANCE .................................................................................................... 4 ARTICLE 5 – SURVIVAL ....................................................................................................... 4 ARTICLE 6 – INDEMNIFICATION ......................................................................................... 4 ARTICLE 7 – INDEPENDENT COMPANY ............................................................................... 5 ARTICLE 8 – SUBCONTRACTING ......................................................................................... 5 ARTICLE 9 – FEDERAL AND STATE TAXES ............................................................................ 5 ARTICLE 10 – GOVERNMENT’S RESPONSIBILITIES ............................................................... 5 ARTICLE 11 - TERMINATION OF AGREEMENT ..................................................................... 5 ARTICLE 12 – UNCONTROLLABLE FORCES (FORCE MAJURE) ............................................... 5 ARTICLE 13 – GOVERNING LAW AND VENUE...................................................................... 6 ARTICLE 14 – NON-DISCRIMINATION ................................................................................. 6 ARTICLE 15 – WAIVER ........................................................................................................ 6 ARTICLE 16 – SEVERABILITY ............................................................................................... 6 ARTICLE 17 – ENTIRETY OF AGREEMENT ............................................................................ 6 ARTICLE 18 – MODIFICATION ............................................................................................. 6 ARTICLE 19 – SUCCESSORS AND ASSIGNS .......................................................................... 6 ARTICLE 20 – NOTICE ......................................................................................................... 7 ARTICLE 21 – ESCALATION CLAUSE .................................................................................... 7 ARTICLE 22 – TASK ORDER/PERFORMANCE........................................................................ 7 REQUEST FOR PROPOSALS, DEBRIS REMOVAL SERVICES – EXHIBIT A ................................. 9 CONTRACTOR PROPOSAL – EXHIBIT B ................................................................................ 11 5 3 This AGREEMENT is between the City of Humble a municipal corporation, (hereinafter referred to as GOVERNMENT) and DRC EMERGENCY SERVICES (hereinafter referred to as CONTRACTOR). The GOVERNMENT requires certain services to assist in disaster response and recovery, and CONTRACTOR is prepared to provide such services as are agreed to in this document. The parties agree as follows: WHEREAS, the GOVERNMENT lies on the coast of the State of Texas and as such may experience massive destruction wrought by the impact of hurricane landfall, violent storms, spawning tornados as well as other natural and/or manmade disasters (“Events”); and WHEREAS, it is foreseen that it may be necessary to provide for debris management and/or disaster recovery technical assistance, and emergency response products, equipment, and services to appointed and elected officials of the GOVERNMENT resulting from these Events; and WHEREAS, the GOVERNMENT AGREEMENT describes in detail the nature and extent of the disaster debris removal and disposal services, and emergency response products, equipment, and services that may be necessary; WHEREAS, the GOVERNMENT AGREEMENT was competitively solicited and provides pricing for services in accordance with the specific unit prices; WHEREAS, the GOVERNMENT wishes to engage the CONTRACTOR to provide the services in accordance with the GOVERNMENT AGREEMENT unit prices; WHEREAS, the CONTRACTOR has agreed to perform the services for the GOVERNMENT in accordance with the terms, pricing, and conditions of this AGREEMENT, Exhibits hereto, the GOVERNMENT’S Request for Proposals for Debris Removal Services and Emerg ency Response Products, Equipment, and Services, and the Contractor’s submission in response to said Request for Proposals, including the specific GOVERNMENT unit prices set for therein for the services; and WHEREAS, this AGREEMENT shall be valid through June 30, 2026 from the date hereof and this AGREEMENT may be extended for an additional three (3) year period (July 1, 2026 – June 30, 2029) with mutual concurrence of both parties. NOW THEREFORE, receipt and sufficiency of which is hereby acknowledged, along with the promises of mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the parties hereto understand and agree as follows: ARTICLE 1 – EFFECTIVE DATE/TERM The effective date of this AGREEMENT shall be July 1, 2024. 6 4 The term of the AGREEMENT shall not exceed four (4) years which includes the initial two (2) year term and the optional two (2) year extension. ARTICLE 2 – SERVICES TO BE PERFORMED BY CONTRACTOR CONTRACTOR shall perform the services as stated in the Request for Proposals attached to this document, as Exhibit A and the Request for Proposals response attached to this document, as Exhibit B, which is incorporated by reference as part of this AGREEMENT, as may be specifica lly authorized by the GOVERNMENT. Such authorization will be referred to as Task Orders. Each Task Order will set forth a specific scope of services, rate/amount of compensation, estimated completion date, and other pertinent details of the task being authorized. ARTICLE 3 – COMPENSATION GOVERNMENT shall pay CONTRACTOR in accordance with Exhibit B except that such charges shall not exceed the amount determined to be reimbursable as established by the Federal Emergency Management Agency (FEMA) based upon the AGREEMENT. As such, FEMA rates for this GOVERNMENT shall prevail over those identified in Exhibit B. Once an emergency has been declared and if FEMA has established the rates for work to be performed, CONTRACTOR and GOVERNMENT will review those FEMA rates and agree to those rates prior to the commencement of any work being performed. If needed, additional compensation may be negotiated as a lump sum or not-to-exceed amount for any Task Order containing a task covered by the scope of work of this AGREEMENT, but to which the Fee Schedule cannot readily be applied. CONTRACTOR may submit weekly or semi-monthly invoices for services rendered. Invoices must reference the Task Order number. CONTRACTOR shall be paid within 30 days of submitting a complete invoice upon verification and approval by FEMA staff. If there are any items in dispute, CONTRACTOR will be paid for those items not in dispute, and disputed items will be resolved as expeditiously as possible, and paid within 10 days of resolution. A fee for late payment will be billed at 1% per month for any amount not paid within 30 days. Payment of CONTRACTOR by GOVERNMENT is not contingent upon the GOVERNMENT being reimbursed by the Federal or State agency, except as provided in Article 8. Payment to CONTRACTOR will be made for any work directed by the GOVERNMENT. All invoices shall be delivered to appropriate the GOVERNMENT representative at: City of Humble 114 W. Higgins Street Humble, Texas, 77338 7 5 ARTICLE 4 – INSURANCE CONTRACTOR shall maintain the insurance limits specified in the Request for Proposals, Exhibit A. CONTRACTOR shall provide GOVERNMENT a Certificate of Insurance evidencing such coverage. On each policy of insurance required under this AGREEMENT, the City of Humble shall be a named additional insured. ARTICLE 5 – SURVIVAL Upon completion of all services, obligations and duties provided for in this AGREEMENT, or in the event of termination of this AGREEMENT for any reason, the terms and conditions of this AGREEMENT shall survive. ARTICLE 6 – INDEMNIFICATION The CONTRACTOR shall save harmless the GOVERNMENT from all claims and liability due to activities of himself, his agents, or employees, performed under this contract and which to the extent result from an negligent act, error or omission of the CONTRACTOR or of any person employed by the CONTRACTOR. The CONTRACTOR shall also save harmless the GOVERNMENT from all expenses, including attorney fees which might be incurred by the GOVERNMENT in litigation or otherwise resisting said claims or liabilities which might be imposed on the GOVERNMENT as result of such activities by the CONTRACTOR, his agents, or employees. ARTICLE 7 – INDEPENDENT COMPANY CONTRACTOR undertakes performance of the services as an independent company and shall be wholly responsible for the methods of performance. GOVERNMENT shall have no rights to supervise the methods used, but GOVERNMENT shall have the right to observe such performance. CONTRACTOR shall work closely with GOVERNMENT in performing services under this AGREEMENT. Notwithstanding the preceding, CONTRACTOR shall provide all materials, supplies, equipment, maintenance, fuel, personnel, and other necessities directly related to completion of the project. CONTRACTOR shall review with the GOVERNMENT periodically the sufficiency of equipment, personnel, etc. and CONTRACTOR shall adjust the necessity of same as mutually agreed upon. ARTICLE 8 – SUB-CONTRACTING It is understood that CONTRACTOR may use its own forces and those of su b-contractors and consultants as required to perform the work. When subcontracting, CONTRACTOR will attempt to locate qualified local companies and individuals, in accordance with the Robert T. Stafford Act and local ordinances. All sub-contractors shall meet and comply with all applicable FEMA 8 6 regulations and guidelines so as to ensure that all work is eligible for FEMA reimbursement and CONTRACTOR shall be responsible for ensuring such compliance. Should CONTRACTOR allow sub-contractors to work which are not in conformance with FEMA regulations and guidelines, GOVERNMENT shall not be responsible for any costs associated with such work. Prior to entering into any agreement with such subcontractors or consultants, and prior to performing any w ork by such subcontractor or consultant, CONTRACTOR shall require such subcontractor or consultant to maintain adequate insurance for all work to be performed by such subcontractor or consultant. ARTICLE 9 – FEDERAL AND STATE TAXES The GOVERNMENT is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the GOVERNMENT will provide an exemption certificate to CONTRACTOR. ARTCLE 10 – GOVERNMENT’S RESPONSIBILITIES GOVERNMENT shall be responsible for providing access to all project sites, and providing information required by CONTRACTOR that is available in the files of the GOVERNMENT. ARTICLE 11 – TERMINATION OF AGREEMENT Termination of this AGREEMENT shall be in accordance with the stipulations provided in the Request for Proposals, Exhibit A. ARTICLE 12 – UNCONTROLLABLE FORCES (FORCE MAJURE) Neither the GOVERNMENT nor CONTRACTOR shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The terms “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this AGREEMENT and which is beyon d the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, economic dislocations, and governmental actions. The nonperforming party shall, within a reasonable time of being prevented or delayed by performance by an uncontrollable force, given written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this AGREEMENT. ARTICLE 13 – GOVERNING LAW AND VENUE This AGREEMENT shall be governed by the laws of the State of Texas and is performable in Harris County, Texas. 9 7 ARTICLE 14 – NON-DISCRIMINATION CONTRACTOR shall comply with all State and Federal laws prohibiting discrimination in hiring employment opportunities and CONTRACTOR shall not discriminate against any employee, applicant for employment, or any other person because of race, color, religious creed, ancestry, national origin, age, sex, or handicap. ARTICLE 15 – WAIVER A waiver by either GOVERNMENT or CONTRACTOR of any breach of this AGREEMENT shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 16 – SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this AGREEMENT, or the occurrence of any event rendering any portion or provision of this AGREEMENT void, shall in no way affect the validity or enforceability of any other portion or provision of the AGREEMENT. Any void provision shall be deemed severed from the AGREEMENT and the balance of the AGREEMENT shall be construed and enforced as if the AGREEMENT did not contain the particular portion or provision held to be void. The parties further agree to reform the AGREEMENT to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire AGREEMENT from being void should a provision which is of the essence of the AGREEMENT be determined to be void. ARTICLE 17 - ENTIRETY OF AGREEMENT The GOVERNMENT and CONTRACTOR agree that this AGREEMENT with Exhibits A and B, sets forth the entire AGREEMENT between the parties, and there are no promises or understandings other than those stated herein. This AGREEMENT supersedes all prior contracts, contracts, representations, negotiations, letters or other communications between the GOVERNMENT and CONTRACTOR pertaining to the services, whether written or oral. None of the provisions, terms and conditions contained in this AGREEMENT may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. ARTICLE 18 – MODIFICATION The AGREEMENT may be modified in writing by Amendment executed by both GOVERNMENT and CONTRACTOR. 10 8 ARTICLE 19 – SUCCESSORS AND ASSIGNS GOVERNMENT to the extent permitted by law and CONTRACTOR each b inds itself and its partners, successors, assigns and legal representatives to the other party to this AGREEMENT and to the partners, successors, executors, administrators, assigns, and legal representatives. CONTRACTOR shall not assign this AGREEMENT without the express written approval of the GOVERNMENT via executed amendment. ARTICLE 20 – NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage pre paid as follows: As To GOVERNMENT Jason Stuebe, City Manager City of Humble 114 W. Higgins St. Humble, TX 77338 As To CONTRACTOR Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party with written notice to the other party. Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONTRACTOR and GOVERNMENT. ARTICLE 21 – ESCALATION CLAUSE Any modifications to the pricing included in the AGREEMENT shall be made in accordance with the stipulations provided in the Request for Proposals, Exhibit A. 11 9 ARTICLE 22 – TASK ORDER/PERFORMANCE Task Orders shall be executed bilaterally and the scope of services and format of Task Order shall be mutually agreed to the CONTRACTOR and GOVERNMENT. In Witness Whereof, the City of Humble and DRC Emergency Services have executed this AGREEMENT all as of the day and year first above written. CITY OF HUMBLE Signature: Jason Stuebe City Manager Date: ATTEST: Maria Jackson City Secretary CONTRACTOR Signature: Title: Date: ATTEST: Title: 12 EXHIBIT A REQUEST FOR PROPOSALS DEBRIS REMOVAL SERVICES EMERGENCY RESPONSE PRODUCTS, EQUIPMENT, AND SERVICES CITY OF HUMBLE 13 11 EXHIBIT B CONTRACTOR’S RESPONSE TO RFP 14 Aftermath Disaster recovery Crowder Gulf Ceres Environmental DRC Energency Services $0.00 $0.00 $0.00 $0.00 Gather/collect, haul to TDSRS, process, chip/mulch, and dispose  $13.90/cy $14.50/cy $17.98/cy $14.68/cy Gather/collect, haul to TDSRS, process, open burn, and dispose  $12.65/cy $13.00/cy $15.48/cy $13.68/cy Gather/collect, haul to TDSRS, process, air curtain incineration, and dispose  $13.15/cy $13.50/cy $16.98/cy $14.48/cy Gather/collect, haul to TDSRS, process, chip/mulch, and dispose  $13.90/cy $15.00/cy $18.48/cy $14.98/cy Gather/collect, haul to TDSRS, process, open burn, and dispose  $12.65/cy $13.50/cy $15.98/cy $13.98/cy Gather/collect, haul to TDSRS, process, air curtain incineration, and dispose  $13.15/cy $14.00/cy $17.48/cy $14.78/cy Gather/collect, haul to TDSRS, process, chip/mulch, and dispose  $14.9/cy $15.50/cy $18.98/cy $15.98/cy Gather/collect, haul to TDSRS, process, open burn, and dispose  $13.65/cy $14.00/cy $16.48/cy $14.98/cy Gather/collect, haul to TDSRS, process, air curtain incineration, and dispose  $14.15/cy $14.50/cy $17.98/cy $15.78/cy AVERAGE  $                                     13.57 14.17$                                      17.31$                                      14.81$                                       0‐15 miles to landfill Gather/collect, process, and haul to landfill  $11.65/cy $15.50/cy $17.98/cy $8.68/cy 15.1 miles or more to  landfill Gather/collect, process, and haul to landfill  $11.65/cy $16.50/cy $18.48/cy $10.98/cy AVERAGE  $                                     11.65 16.00$                                      18.23$                                      9.83$                                          0‐15 miles to designated disposal facility $18.50/cy $18.00/cy $21.98/cy $24.98/cy 15.1 miles or more to designated disposal facility $19.50/cy $20.00/cy $22.98/cy $26.98/cy AVERAGE  $                                     19.00 19.00$                                      22.48$                                      25.98$                                       6 inches to 12 inches diameter $95/each $45/each $65/each $45/each 13 inches to 24 inches diameter $175/each $95/each $198/each $90/each 25 inches to 36 inches diameter $315/each $190/each $298/each $135/each 37 inches to 48 inches diameter $315/each $260/each $498/each $195/each 49 inches and larger diameter $315/each $315/each $698/each $260/each AVERAGE  $                                   243.00 181.00$                                    351.40$                                    145.00$                                     $80/tree $80/tree $119/tree $86.50/tree 24 inches to 36 inches diameter $275/each $190/each $298/each $190/each 37 inches to 48 inches diameter $275/each $270/each $398/each $260/each 49 inches and larger diameter $400/each $325/each $598/each $325/each AVERAGE  $                                   316.67 261.67$                                    431.33$                                    258.33$                                     0‐15 miles to designated disposal facility $8.00/pound $14.50/pound $4.88/pound $9.95/pound                                                            Mobilization Removal of Hanging Limbs Removal of Hazardous Stumps ROW C&D Debris Removal Removal of Household Hazardous Waste 0‐5 miles to TDSRS 5.1‐15 miles to TDSRS 15.1 miles or more to  TDSRS ROW Vegetative Debris Removal Demolition, Removal, and Transport of Structures Removal or Hazardous Leaning Trees and Hanging Limbs 15 15.1 miles of more to designated disposal facility $8.00/pound $14.50/pound $4.98/pound $9.95/pound AVERAGE  $                                       8.00 14.50$                                      4.93$                                         9.95$                                          Removal of Abandoned Vehicles 0‐15 miles to designated staging area $395/each $100/each $100/each $200/each 15.1 miles or more to designated staging area $395/each $120/each $150/each $250/each AVERAGE  $                                   395.00 110.00$                                    125.00$                                    225.00$                                     Removal and Disposal of Animal Carcasses 0‐15 miles to designated staging area $8.00/pound $1.00/pound $0.98/pound $2.20/pound 15.1 miles or more to designated staging area $8.00/pound $1.00/pound $1.38/pound $2.50/pound AVERAGE  $                                       8.00 1.00$                                         1.18$                                         2.35$                                          0‐15 miles to designated disposal facility $95/each $70/each $89/each $75/each 15.1 miles of more to designated disposal facility $95/Each $75/each $99/each $80/each 0‐15 miles to designated disposal facility $50/each $35/each $39/each $50/each 15.1 miles of more to designated disposal facility $50/each $40/each $49/each $55/each AVERAGE  $                                     72.50 55.00$                                      69.00$                                      65.00$                                       0‐15 miles to designated disposal facility $35/each $28/each $19/each $25/each 15.1 miles of more to designated disposal facility $35/each $32/each $25/ each $26/each AVERAGE  $                                     35.00 30.00$                                      22.00$                                      25.50$                                       No, Pass through at cost No, disposal fees will be a  pass through cost with NO  mark up. CrowderGulf will  locate and negotiate the best  rate with the landfill. No, pass through with no  markup No,tipping fees will be billed  at actual cost with no "mark  up" AVERAGE  $                                   109.31 71.12$                                      107.44$                                    78.93$                                       Without Freon Removal and Disposal of Electronic Goods Do these costs include landfill tipping fees? Removal and Disposal of White Goods With Freon 16  Aftermath Disaster  recovery  Crowder Gulf  Ceres  Environmental    DRC Energency  Services  25 kw generator multiple voltage/phase,  including all necessary cabling Per Day 700.00$                        600.00$                         879.60$                         695.00$                          Per Week 1,400.00$                     4,200.00$                     4,397.99$                     2,085.00$                      Delivery Rate 1,200.00$                     750.00$                         350.00$                          Pick up Rate 1,200.00$                     750.00$                         350.00$                          35 kw generator multiple voltage/phase,  including all necessary cabling Per Day 1,000.00$                     840.00$                         879.60$                         801.67$                          Per Week 2,000.00$                     5,880.00$                     4,397.99$                     2,405.00$                      Delivery Rate 1,200.00$                     750.00$                         350.00$                          Pick up Rate 1,200.00$                     750.00$                         350.00$                          45 kw generator multiple voltage/phase,  including all necessary cabling Per Day 1,000.00$                     1,080.00$                     1,346.93$                     933.33$                          Per Week 2,000.00$                     7,560.00$                     6,734.66$                     2,800.00$                      Delivery Rate 1,200.00$                     750.00$                         500.00$                          Pick up Rate 1,200.00$                     750.00$                         500.00$                          60 kw generator multiple voltage/phase,  including all necessary cabling Per Day 1,000.00$                     1,440.00$                     1,414.28$                     1,178.33$                      Per Week 2,000.00$                     10,080.00$                   7,071.39$                     3,535.00$                      Delivery Rate 1,200.00$                     750.00$                         500.00$                          Pick up Rate 1,200.00$                     750.00$                         500.00$                          70 kw generator 277/480 V, 1 Phase,  including all necessary cabling Per Day 3,700.00$                     1,680.00$                     1,484.99$                     1,411.67$                      Per Week 7,400.00$                     11,760.00$                   7,424.96$                     4,235.00$                      Delivery Rate 1,200.00$                     750.00$                         500.00$                          Pick up Rate 1,200.00$                     750.00$                         500.00$                          75 kw generator 120/240 V, 1 Phase,  including all necessary cabling Per Day 3,700.00$                     1,800.00$                     1,559.25$                     1,231.67$                      Per Week 7,400.00$                     12,600.00$                   7,796.21$                     3,695.00$                      Delivery Rate 1,200.00$                     750.00$                         500.00$                          Pick up Rate 1,200.00$                     750.00$                         500.00$                          100 kw generator multiple voltage/phase,  including all necessary cabling Per Day 3,700.00$                     2,400.00$                     2,006.74$                     1,346.67$                      Per Week 7,400.00$                     16,800.00$                   10,033.68$                   4,040.00$                      Delivery Rate 1,500.00$                     750.00$                         1,000.00$                      Pick up Rate 1,500.00$                     750.00$                         1,000.00$                      125 kw generator multiple voltage/phase,  including all necessary cabling Per Day 4,500.00$                     3,000.00$                     2,463.27$                     1,541.67$                      Per Week 9,000.00$                     21,000.00$                   12,316.34$                   4,625.00$                      Delivery Rate 1,500.00$                     750.00$                         1,000.00$                      Pick up Rate 1,500.00$                     750.00$                         1,000.00$                      150 kw generator multiple voltage/phase,  including all necessary cabling Per Day 4,500.00$                     3,600.00$                     2,919.80$                     1,541.67$                      17 Per Week 9,000.00$                     25,200.00$                   14,598.99$                   4,625.00$                      Delivery Rate 1,500.00$                     750.00$                         1,000.00$                      Pick up Rate 1,500.00$                     750.00$                         1,000.00$                      200 kw generator 480 V, 3 phase, including  all necessary cabling Per Day 5,000.00$                     4,800.00$                     4,045.72$                     1,666.67$                      Per Week 10,000.00$                   33,600.00$                   20,228.60$                   5,000.00$                      Delivery Rate 1,500.00$                     750.00$                         2,000.00$                      Pick up Rate 1,500.00$                     750.00$                         2,000.00$                      250 kw generator multiple voltage/phase,  including all necessary cabling Per Day 5,000.00$                     6,000.00$                     5,220.00$                     1,950.00$                      Per Week 10,000.00$                   42,000.00$                   26,099.99$                   5,850.00$                      Delivery Rate 1,500.00$                     750.00$                         2,000.00$                      Pick up Rate 1,500.00$                     750.00$                         2,000.00$                      300 kw generator 480 V, 3 phase, including  all necessary cabling Per Day 6,000.00$                     7,200.00$                     6,394.28$                     2,288.33$                      Per Week 12,000.00$                   50,400.00$                   31,971.39$                   6,865.00$                      Delivery Rate 1,500.00$                     750.00$                         2,000.00$                      Pick up Rate 1,500.00$                     750.00$                         2,000.00$                      400 kw generator multiple voltage/phase,  including all necessary cabling Per Day 6,000.00$                     9,600.00$                     7,568.56$                     3,581.67$                      Per Week 12,000.00$                   67,200.00$                   37,842.78$                   10,745.00$                    Delivery Rate 1,500.00$                     750.00$                         2,500.00$                      Pick up Rate 1,500.00$                     750.00$                         2,500.00$                      500 kw generator 277/480 V., 3 phase,  including all necessary cabling Per Day 6,000.00$                     12,000.00$                   8,742.84$                     4,266.67$                      Per Week 12,000.00$                   84,000.00$                   43,714.18$                   12,800.00$                    Delivery Rate 2,500.00$                     750.00$                         3,500.00$                      Pick up Rate 2,500.00$                     750.00$                         3,500.00$                      75 kw generator 120/240 V., 3 phase,  including all necessary cabling Per Day 3,700.00$                     1,800.00$                     1,715.16$                     1,411.67$                      Per Week 7,400.00$                     12,600.00$                   8,575.82$                     4,235.00$                      Delivery Rate 1,500.00$                     750.00$                         500.00$                          Pick up Rate 1,500.00$                     750.00$                         500.00$                          100 kw generator 220 V., 3 phase, including  all necessary cabling Per Day 3,700.00$                     2,400.00$                     2,207.41$                     1,231.67$                      Per Week 7,400.00$                     16,800.00$                   11,037.07$                   3,695.00$                      Delivery Rate 1,500.00$                     750.00$                         1,000.00$                      Pick up Rate 1,500.00$                     750.00$                         1,000.00$                      100 kw generator 120/208 v., 3 phase,  including all necessary cabling Per Day 3,700.00$                     2,400.00$                     2,097.04$                     1,231.67$                      Per Week 7,400.00$                     16,800.00$                   10,485.22$                   3,695.00$                      Delivery Rate 1,500.00$                     750.00$                         1,000.00$                      Pick up Rate 1,500.00$                     750.00$                         1,000.00$                      125 kw generator 240 v., 3 phase, including  all necessary cabling Per Day 4,500.00$                     3,000.00$                     2,709.60$                     1,425.00$                      Per Week 9,000.00$                     21,000.00$                   13,547.99$                   4,275.00$                      Delivery Rate 1,500.00$                     750.00$                         1,000.00$                      Pick up Rate 1,500.00$                     750.00$                         1,000.00$                      18 125 kw generator 120/208 v., 3 phase,  including all necessary cabling  Per Day 4,500.00$                     3,000.00$                     2,574.12$                     1,425.00$                      Per Week 9,000.00$                     21,000.00$                   12,870.59$                   4,275.00$                      Delivery Rate 1,500.00$                     750.00$                         1,000.00$                      Pick up Rate 1,500.00$                     750.00$                         1,000.00$                      125 kw generator 277/480v., 3 phase,  including all necessary cabling Per Day 4,500.00$                     3,000.00$                     2,845.08$                     1,425.00$                      Per Week 9,000.00$                     21,000.00$                   14,225.38$                   4,275.00$                      Delivery Rate 1,500.00$                     750.00$                         1,000.00$                      Pick up Rate 1,500.00$                     750.00$                         1,000.00$                      150 kw generator 277/480 v., 3 phase,  including all necessary cabling Per Day 4,500.00$                     3,600.00$                     3,211.78$                     1,425.00$                      Per Week 9,000.00$                     25,200.00$                   16,058.90$                   4,275.00$                      Delivery Rate 1,500.00$                     750.00$                         1,000.00$                      Pick up Rate 1,500.00$                     750.00$                         1,000.00$                      200 kw generator 480 v., 3 phase, including  all necessary cabling Per Day 5,000.00$                     4,800.00$                     4,450.29$                     1,551.67$                      Per Week 10,000.00$                   33,600.00$                   22,251.46$                   4,655.00$                      Delivery Rate 1,500.00$                     750.00$                         2,000.00$                      Pick up Rate 1,500.00$                     750.00$                         2,000.00$                      250 kw generator multi voltage, 3 phase,  including all necessary cabling Per Day 5,000.00$                     6,000.00$                     5,742.00$                     1,833.33$                      Per Week 10,000.00$                   42,000.00$                   28,710.00$                   5,500.00$                      Delivery Rate 1,500.00$                     750.00$                         2,000.00$                      Pick up Rate 1,500.00$                     750.00$                         2,000.00$                      300 kw generator 480., 3 phase, including all  necessary cabling Per Day 6,000.00$                     7,200.00$                     6,713.99$                     2,171.67$                      Per Week 12,000.00$                   50,400.00$                   33,569.97$                   6,515.00$                      Delivery Rate 1,500.00$                     750.00$                         2,000.00$                      Pick up Rate 1,500.00$                     750.00$                         2,000.00$                      300 kw generator 277/480 v., 3 phase,  including all necessary cabling Per Day 6,000.00$                     7,200.00$                     6,579.71$                     2,171.67$                      Per Week 12,000.00$                   50,400.00$                   32,898.57$                   6,515.00$                      Delivery Rate 2,500.00$                     750.00$                         2,000.00$                      Pick up Rate 2,500.00$                     750.00$                         2,000.00$                      400 kw generator 480 v., 3 phase, including  all necessary cabling Per Day 6,000.00$                     9,600.00$                     7,946.99$                     3,465.00$                      Per Week 12,000.00$                   67,200.00$                   39,734.94$                   10,395.00$                    Delivery Rate 2,500.00$                     750.00$                         2,500.00$                      Pick up Rate 2,500.00$                     750.00$                         2,500.00$                      500 kw generator 277/480 v., 3 phase,  including all necessary cabling Per Day 6,000.00$                     12,000.00$                   8,742.84$                     4,091.33$                      Per Week 12,000.00$                   84,000.00$                   43,714.20$                   12,274.00$                    Delivery Rate 2,500.00$                     750.00$                         3,500.00$                      Pick up Rate 2,500.00$                     750.00$                         3,500.00$                      500 kw generator 480 v., 3 phase, including  all necessary cabling Per Day 6,000.00$                     12,000.00$                   8,961.41$                     4,091.67$                      Per Week 12,000.00$                   84,000.00$                   44,807.06$                   12,275.00$                    Delivery Rate 2,500.00$                     750.00$                         3,500.00$                      Pick up Rate 2,500.00$                     750.00$                         3,500.00$                      19 750 kw generator 277/480 v., 3 phase,  including all necessary cabling Per Day 7,500.00$                     18,000.00$                   12,883.07$                   4,766.67$                      Per Week 16,000.00$                   126,000.00$                 64,415.37$                   14,300.00$                    Delivery Rate 3,500.00$                     750.00$                         7,000.00$                      Pick up Rate 3,500.00$                     750.00$                         7,000.00$                      Personnel and Equipment to hook up  generator to designated site Per hour 50.00$                          125.00$                         75.00$                           125.00$                          Per week 1,250.00$                     5,250.00$                     125.00$                          Delivery Rate 150.00$                          ‐$                               500.00$                          Pick up Rate 15.00$                            ‐$                               500.00$                          4000 Watt light tower Per hour 800.00$                        400.00$                         350.00$                         251.67$                          Per week 4,800.00$                     2,800.00$                     1,750.00$                     755.00$                          Delivery Rate 250.00$                         550.00$                         350.00$                          Pick up Rate 250.00$                         550.00$                         350.00$                          4"x4" diesel pump Per hour 600.00$                        600.00$                         590.00$                         468.33$                          Per week 1,800.00$                     4,200.00$                     2,950.00$                     1,405.00$                      Delivery Rate 150.00$                         250.00$                         750.00$                          Pick up Rate 250.00$                         250.00$                         750.00$                          6"x6" diesel pump Per hour 900.00$                        800.00$                         690.00$                         705.00$                          Per week 2,100.00$                     5,600.00$                     3,450.00$                     2,115.00$                      Delivery Rate 150.00$                         250.00$                         1,000.00$                      Pick up Rate 250.00$                         250.00$                         1,000.00$                      4" suction/discharge hose, 50' section Per hour 50.00$                          100.00$                         80.00$                           52.67$                            Per week 150.00$                        700.00$                         400.00$                         158.00$                          Delivery Rate 150.00$                          ‐$                               50.00$                            Pick up Rate 250.00$                          ‐$                               50.00$                            6" suction/discharge hose, 50' section Per hour 60.00$                          150.00$                         120.00$                         63.33$                            Per week 180.00$                        1,050.00$                     600.00$                         190.00$                          Delivery Rate 150.00$                          ‐$                               50.00$                            Pick up Rate 250.00$                          ‐$                               50.00$                            4 inch submersible hydraulic pump Per hour 300.00$                        400.00$                         118.26$                         644.00$                          Per week 900.00$                        2,800.00$                     591.30$                         1,932.00$                      Delivery Rate 150.00$                         250.00$                         350.00$                          Pick up Rate 250.00$                         250.00$                         350.00$                          6 inch submersible hydraulic pump Per hour 300.00$                        800.00$                         170.10$                         871.67$                          Per week 900.00$                        5,600.00$                     850.50$                         2,615.00$                      Delivery Rate 150.00$                         250.00$                         500.00$                          Pick up Rate 250.00$                         250.00$                         500.00$                          300 GPM pump Per hour 5,000.00$                     400.00$                         650.00$                         421.67$                          Per week 30,000.00$                   2,800.00$                     3,250.00$                     1,265.00$                      Delivery Rate 150.00$                         250.00$                         350.00$                          Pick up Rate 250.00$                         250.00$                         350.00$                          500 GPM pump Per hour 9,500.00$                     800.00$                         700.00$                         468.33$                          Per week 45,000.00$                   5,600.00$                     3,500.00$                     1,405.00$                      Delivery Rate 150.00$                         250.00$                         350.00$                          Pick up Rate 250.00$                         250.00$                         350.00$                          1000 GPM pump Per hour 1,200.00$                     850.00$                         625.00$                          Per week 8,400.00$                     4,250.00$                     1,875.00$                      Delivery Rate 500.00$                         250.00$                         1,000.00$                      20 Pick up Rate 500.00$                         250.00$                         1,000.00$                      Comfort Station‐ 10 stall unit Per hour 1,800.00$                     1,150.00$                     6,741.67$                      Per week 30,000.00$                   12,600.00$                   8,050.00$                     20,225.00$                    Delivery Rate 500.00$                         750.00$                         2,500.00$                      Pick up Rate 500.00$                         750.00$                         2,500.00$                      Shower Units‐ 6 stall with sinks Per hour 2,000.00$                     950.00$                         7,916.67$                      Per week 20,000.00$                   14,000.00$                   6,650.00$                     23,750.00$                    Delivery Rate 500.00$                         750.00$                         3,000.00$                      Pick up Rate 500.00$                         750.00$                         3,000.00$                      Shower Units‐ 12 stall with 6 sinks Per hour 3,000.00$                     1,250.00$                     9,633.33$                      Per week 27,500.00$                   21,000.00$                   8,750.00$                     28,900.00$                    Delivery Rate 500.00$                         750.00$                         3,000.00$                      Pick up Rate 500.00$                         750.00$                         3,000.00$                      Ice: 8lb. Bag Per Bag 8.00$                            6.00$                             4.68$                             6.09$                              Per week 42.00$                           6.09$                              Delivery Rate 500.00$                         included Pick up Rate 500.00$                         included Walk‐in cooler Per hour 2,000.00$                     527.68$                         1,200.00$                      Per week 1,000.00$                     14,000.00$                   2,638.80$                     6,000.00$                      Delivery Rate 500.00$                         500.00$                         2,000.00$                      Pick up Rate 500.00$                         500.00$                         2,000.00$                      Walk‐in freezer Per hour 2,500.00$                     554.15$                         1,200.00$                      Per week 1,000.00$                     17,500.00$                   2,770.74$                     6,000.00$                      Delivery Rate 500.00$                         500.00$                         2,000.00$                      Pick up Rate 500.00$                         500.00$                         2,000.00$                      Dump Truck, 8 yard with operator Per hour 1,200.00$                     1,000.00$                     950.00$                         2,116.67$                      Per week 7,200.00$                     7,000.00$                     4,750.00$                     6,350.00$                      Delivery Rate 500.00$                         1,200.00$                      Pick up Rate 500.00$                         1,200.00$                      Dump Truck, 12 yard with operator Per hour 1,700.00$                     1,200.00$                     1,050.00$                     2,116.67$                      Per week 10,200.00$                   84,000.00$                   5,250.00$                     6,350.00$                      Delivery Rate 500.00$                         1,200.00$                      Pick up Rate 500.00$                         1,200.00$                      Jet Road Vacuum Truck Per hour 950.00$                        3,000.00$                     1,075.00$                     2,500.00$                      Per week 57,000.00$                   21,000.00$                   5,375.00$                     17,500.00$                    Delivery Rate 500.00$                         1,200.00$                      Pick up Rate 500.00$                         1,200.00$                      Fuel Trucks with Operator Per hour 950.00$                        2,600.00$                     1,075.00$                     7,000.00$                      Per week 57,000.00$                   18,600.00$                   5,375.00$                     49,000.00$                    Delivery Rate 500.00$                         500.00$                         1,500.00$                      Pick up Rate 500.00$                         500.00$                         1,500.00$                      500 Gallon Guel tank  Per hour 500.00$                        300.00$                         273.00$                         350.00$                          Per week 1,500.00$                     2,100.00$                     1,365.00$                     2,450.00$                      Delivery Rate 500.00$                         500.00$                         500.00$                          Pick up Rate 500.00$                         500.00$                         500.00$                          1000 Gallon Fuel Tank Per hour 750.00$                        500.00$                         500.50$                         850.00$                          Per week 2,250.00$                     3,500.00$                     2,502.50$                     5,950.00$                      Delivery Rate 500.00$                         500.00$                         500.00$                          Pick up Rate 500.00$                         500.00$                         500.00$                          21 2000 Gallon Fuel Tank Per hour 1,000.00$                     600.00$                         650.00$                         1,500.00$                      Per week 3,000.00$                     4,200.00$                     3,250.00$                     10,500.00$                    Delivery Rate 500.00$                         500.00$                         1,000.00$                      Pick up Rate 500.00$                         500.00$                         1,000.00$                      185 CFM Air Compressor Per hour 500.00$                        500.00$                         306.00$                         411.67$                          Per week 3,000.00$                     3,500.00$                     1,530.00$                     1,235.00$                      Delivery Rate 500.00$                         150.00$                         350.00$                          Pick up Rate 500.00$                         150.00$                         350.00$                          6000 lb. Extended Reach Forklift Per hour 2,200.00$                     1,300.00$                     510.00$                         691.67$                          Per week 13,200.00$                   9,100.00$                     2,550.00$                     2,075.00$                      Delivery Rate 500.00$                         150.00$                         1,500.00$                      Pick up Rate 500.00$                         150.00$                         1,500.00$                      Diesel fuel, gallons Per hour 9.00$                            5.00$                             6.98$                             6.98$                              Per week Delivery Rate 500.00$                          Pick up Rate 500.00$                          Unleaded fuel, gallons Per hour 8.00$                            4.50$                             5.98$                             6.98$                              Per week Delivery Rate 500.00$                          Pick up Rate 500.00$                          Self‐contained walk‐in freezer, trailer  mounted Per hour 2,500.00$                     543.07$                         1,200.00$                      Per week 2,000.00$                     17,500.00$                   2,715.33$                     6,000.00$                      Delivery Rate 500.00$                         500.00$                         2,000.00$                      Pick up Rate 500.00$                         500.00$                         2,000.00$                      Washateria trailer (washer and dryers on a  trailer) Per hour 2,500.00$                     1,316.25$                     7,575.00$                      Per week 26,000.00$                   17,500.00$                   5,265.00$                     22,725.00$                    Delivery Rate 500.00$                         750.00$                         2,500.00$                      Pick up Rate 500.00$                         750.00$                         2,500.00$                      Aluminum boat, flat bottom, 14ft., with  motor Per hour 2,000.00$                     1,800.00$                     350.00$                         2,500.00$                      Per week 12,000.00$                   12,600.00$                   1,750.00$                     17,500.00$                    Delivery Rate 500.00$                         150.00$                         1,000.00$                      Pick up Rate 500.00$                         150.00$                         1,000.00$                      Bobcat loader with operator Hourly Equipment Rate 65.00$                          80.00$                           50.00$                           40.00$                            Hourly Labor Rate 30.00$                          40.00$                           68.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 5,000.00$                     150.00$                         Included Bucket truck with operator Hourly Equipment Rate 170.00$                        150.00$                         150.00$                         125.00$                          Hourly Labor Rate 30.00$                          40.00$                           68.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Chipper/mulcher (12" throat) with operator Hourly Equipment Rate 55.00$                          120.00$                         65.00$                           125.00$                          Hourly Labor Rate 30.00$                          40.00$                           48.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Dozer, tracked, D5 or similar with operator 22 Hourly Equipment Rate 130.00$                        100.00$                         115.00$                         95.00$                            Hourly Labor Rate 30.00$                          40.00$                           68.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Grader with 12" blade with operator Hourly Equipment Rate 120.00$                        125.00$                         135.00$                         60.00$                            Hourly Labor Rate 30.00$                          40.00$                           68.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Hydraulic excavator, 1.5 CY with operator Hourly Equipment Rate 110.00$                        135.00$                         110.00$                         100.00$                          Hourly Labor Rate 30.00$                          40.00$                           68.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Hydraulic excavator, 2.5 CY with operator Hourly Equipment Rate 115.00$                        145.00$                         120.00$                         110.00$                          Hourly Labor Rate 30.00$                          40.00$                           68.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Knuckleboom loader with operator Hourly Equipment Rate 190.00$                        200.00$                         180.00$                         75.00$                            Hourly Labor Rate 30.00$                          40.00$                           68.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Pickup truck, .5 ton with operator Hourly Equipment Rate 10.00$                          15.00$                           18.00$                           20.00$                            Hourly Labor Rate 20.00$                          40.00$                           48.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Traffic control, temporary single lane closure  with operator Hourly Equipment Rate 50.00$                          65.00$                           55.00$                           30.00$                            Hourly Labor Rate 50.00$                          40.00$                           48.00$                           90.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Traffic control, temporary road closure with  operator Hourly Equipment Rate 50.00$                          95.00$                           75.00$                           20.00$                            Hourly Labor Rate 50.00$                          40.00$                           48.00$                           45.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Truck, flatbed, with operator Hourly Equipment Rate 10.00$                          65.00$                           25.00$                           35.00$                            Hourly Labor Rate 30.00$                          40.00$                           58.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Tub grinder, 800 to 1000 hp, with operator Hourly Equipment Rate 200.00$                        400.00$                         425.00$                         150.00$                          Hourly Labor Rate 50.00$                          40.00$                           48.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Waste collection rear loader truck with  operator Hourly Equipment Rate 195.00$                        350.00$                         90.00$                           100.00$                          Hourly Labor Rate 30.00$                          40.00$                           58.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Water truck with operator 23 Hourly Equipment Rate 65.00$                          85.00$                           50.00$                           90.00$                            Hourly Labor Rate 30.00$                          40.00$                           58.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Wheel loader, 2.5 CY, 950 or similar, with  operator Hourly Equipment Rate 105.00$                        140.00$                         70.00$                           120.00$                          Hourly Labor Rate 30.00$                          40.00$                           68.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Wheel loader, 3.5‐4.0 CY, 966 or similar, with  operator Hourly Equipment Rate 115.00$                        150.00$                         75.00$                           130.00$                          Hourly Labor Rate 30.00$                          40.00$                           68.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Wheel loader, 4.5 CY, 980 or similar, with  operator Hourly Equipment Rate 125.00$                        160.00$                         80.00$                           140.00$                          Hourly Labor Rate 30.00$                          40.00$                           68.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Wheel loader, backhoe, 1.0‐1.5 CY, with  operator Hourly Equipment Rate 120.00$                        100.00$                         65.00$                           110.00$                          Hourly Labor Rate 30.00$                          40.00$                           68.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Laberor with chain saw Hourly Equipment Rate 15.00$                          8.00$                             12.00$                           5.00$                              Hourly Labor Rate 40.00$                          40.00$                           48.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included Laberor   Hourly Equipment Rate Hourly Labor Rate 50.00$                          40.00$                           48.00$                           65.00$                            Delivery Rate 500.00$                         150.00$                         Included Pick up Rate 500.00$                         150.00$                         Included  Each day/ 8x20 walk‐ in   Pick‐up rate is per day  AVERAGE 5,256.35$                     5,367.74$                      $                     3,065.53 2,578.89$                      24 1 REQUEST FOR PROPOSALS RFP 2024-02 DEBRISREMOVAL SERVICES EMERGENCYRESPONSEPRODUCTS,EQUIPMENT,ANDSERVICES CITY OF HUMBLE, TEXAS SECTIONI.GENERALREQUIREMENTS Section 1.1 Submission Sealed proposals marked “RFP 2024-02 Debris/Emergency Response” addressed to the Finance Department, Cityof Humble, 114 W. Higgins, Street, Humble, Texas, 77338, will be received until 2:00 p.m. CST, Monday June 1, 2024. Any proposal received after 2:00 p.m. on the date specified will be returned unopened. The proposal must include one (1) original and three (3) copies, and a PDF digital file, of all submitted documents. Proposer must submit his/her bid proposal on the forms provided herein. The proposal sheet must be completed, signed, and witnessed as required. It is the intent of this Request for Proposals to award one (1) contract to selected proposers in accordance with the guidelines, stipulations, and terms and conditions noted within this Request for Proposals. It is the intent of this Request for Proposals to have vendors that are capable of providing all types of products, equipment, and services that may be required in the event of a declared emergency/disaster in addition to debris removal services. This contract would be utilized when City of Humble resources are not able to provide for an emergency/disaster response in an immediate manner. The contractor would provide such additional products,equipment, and/or services as required to this Request for Proposals. The City of Humble shall be able to, at their sole discretion, select any combination of services, products, and/or equipment necessary to facilitate response activities. The effective dateofthecontract shall be July 1, 2024. The City of Humble shall act as the administrator for all purposes associated with this Request for Proposals. Any questions regarding this Request for Proposals should be addressed to James Nykaza, Emergency Management Coordinator, City of Humble, 110 W. Main Street, Humble, Texas, 77338, by calling (281)446-4928, or viaemail at jnykaza@cityofhumble.net. 25 2 Section 1.2 Pass-ThroughCostAdjustments Except in instances of extreme extenuating circumstances, vendor prices shall remain firm throughout the contract period and any renewal period(s). Examples of extreme extenuating circumstances include such situations as a nationwide rail strike, oil shortage, oil embargo or war. In any event, however, the cost for any product, equipment, and/or service shall not exceed the rates established by the Federal Emergency Management Agency (FEMA). In extreme extenuating circumstances vendors may be allowed to temporarily “pass-through” additional costs that they are forced to incur through no fault of their own. A request for a pass through cost increase will not be considered unless a vendor’s cost for his product exceeds 10% over the original cost of the product. Also, the increase in cost must be nationwide and consistent for a minimum period of sixty (60) days. If a vendor thinks he/she will be requesting a pass through cost adjustment during the term of his/her contract, then the original cost of his/her product to him/her must be stated in the vendor’s original bid. Section 1.3 Modification ofProposals A proposer may modify a proposal by letter at any time prior to the submission deadline for receipt of proposals. The modification letter must be received prior to the submission deadline. Proposals may not be amended or altered after the official submission deadline with the single exception that any product literature and/or supporting data required by the actual scope of work will be accepted at the discretion of the City of Humble City Manager. Section 1.4 Award ofContracts The contracts shall be awarded to the most responsive and responsible proposers which meet the scope of work, or to the proposers who provides service at the best value for the municipality which meet the scope of work. Theproposed contractbetweenthe Cityandthe successfulproposersisattached asAppendix C. Proposers are responsible for reviewing this document and noting any exceptions on Schedule F, Exceptions to Proposals. The City reserve the right to reject any and all proposals, in whole or in part; to waive any informality in any proposal, and to accept the proposal, which, in its discretion, is in the best interest of the City. In case of ambiguity or lack of completeness in stating the prices in any proposal, the City reserve the right to consider the most advantageous proposal thereof. Section 1.5 Contract Pricing/Updates 1) Amendments It is the intent of the City to allow for amendments during the term of this contract pertaining to products, equipment, and/or service modifications, or price adjustments. 26 3 Dependent upon the nature of the product, equipment, and/or service modification, one (1) of three (3) methods will be utilized: a. TheFEMAreimbursementratemethod b. Price escalation based upon CPI_V, Houston/Galveston Area c. Formal contract amendment It is expected that any rates regarding products, equipment, and/or services will conform with pricing established by FEMA. 2) Approval Any modification to pricingmust be submitted in writing to the Cityand must be approved by the City of Humble City Manager; otherwise, such modifications will not go into effect. Section 1.6 Term of Contract The term of this contract will be for two (2) years, with the option to extend one (1) three-year agreement at the sole discretion of the City, not to exceed a total of sixty (60) months. The effective date of the contract shall be July 1, 2024. This contract shall become effective July 1, 2024 but shall not be utilized until such time as the City declare an emergency and a purchase order is issued. The contract may be used until such time that the City terminate the state of emergency and normal purchasing procedures resume. The term of the contract is two (2) years, extending through June 30, 2026, with the option for an additionalthree (3)yearterm,July1,2026– June30,2029,atthe solediscretionof the City. Section 1.7 ContractUpdates ModificationstothecontractshallbemadeinaccordancewithSection I,1.5ofthisdocument. Section 1.8 Appropriation of Funds The City have established an appropriation (allocation) of funds for this project, if in the event that appropriated (allocated) funds are exhausted, the contractor’s only remedy shall be suspension ortermination of its performance under this contract and shall have no other remedy in law or in equity against the City and no right to damages of any kind. Section 1.9 ConfidentialityofInformation Pursuant to State law, proposals shall be opened in a manner that avoids disclosure of the contents to competing proposers and keeps the proposals confidential during negotiations. All proposals are open for public inspection after the contract is awarded, except for trade secrets and confidential information as may be so noted in the proposals.Should a proposer submit 27 4 trade secret information in response to this Request for Proposals, such information must be clearly labeled as “Trade Secret”. Please note that the validity of that information deemed confidential shall be determined in accordance with State statute. Section1.10 Exceptionsto Proposal The proposer will list on Schedule F any exceptions to the conditions of the proposal or the proposed contract. If no exceptions are stated, it will be understood that all general and specific conditions will be compiled with, without exception. Section 1.11 Changesin Scopeof Work If it becomes necessary to revise any part of this Request for Proposals, a written notice of such revision will be provided to all proposers. The City are not bound by any oral representation(s), clarification(s), or changes made in the written specifications by the City employees, unless such clarification or change is provided to proposers in a written addendum from the City of Humble City Manager. Section 1.12 Proof ofInsurance The successful bidder agrees to maintain certain types of insurance and bond protection throughout the duration of the project. All insurance policies and bonds are to be issued by an insurance company authorized to dobusiness inthe State of Texas, using an insurance company with an A.M. Best ratingof a 5 or better. All subcontractorsutilized must also comply with these specifications as if they were the winning bidder. Specific details of coverage limits and conditions are to be followed as listed below. Any variance from these requirements must be denoted in writing and included as exceptions to the bid specifications. Section 1.13 RequiredInsurance Commercial general liability insurance, naming the City of Humble as an additional insured, and waiving subrogation per the contractual requirements of this project. Limits are to be equal to or greater than: $2,000,000 generalliability (includesproducts and personal,etc.) $1,000,000 fire damage $3,000,000 environmental impairment liabilityand/orpollution liability $1,000,000 automobile damage $500,000 workers compensation employers’ liability Statutorylimits for workers compensation $2,000,000 errorandomissions This coverage shall name the City of Humble as additional insured, and include a waiver of subrogation. Coverage shall remain in effect for the entirelifeofthe contract. 28 5 The successful proposers shall pay all insurance premiums and City shall not be obligated to pay any premiums. The successful proposers shall be responsible for and bear any claims or losses to the extent of any deductible amounts and waives any claim that it may have for the same against the City. Section1.14 Workers Compensation The successful proposers shall carry in full force workers compensation policy(ies) for all employees, including but not limited to full-time, part-time, and emergency employees employed by the successful proposers. Current insurance certificates, certifying that such policies as specified above are in full force, shall be presented to the City by the successful proposers. Definitions: workerscompensation insurance coverage 1) Certificate of coverage – a copy of a certificate of insurance, a certificate of authority to self-insure issued by the division, or a coverage agreement. DWC-81, DWC-82, DWC - 83, or DWC-84, showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project, for the duration of the project. 2) Duration of the project –includes the time from the beginning of the work on the project until the contractor’s/person’s work on the project has been completed and accepted by the City. 3) Persons providing services on the project (“subcontractor” in article 406-096) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, but is not limited to, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any entity, or employees of any entity furnishing persons to perform services on the project. “Services” includes, but is not limited to, providing, hauling or delivering equipment or materials,or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project. The contractor shall provide coverage, based upon proper reporting of classification code and payrollamountsandfilingof anycoverage agreements,which meetsthestatutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractorproviding services on the project, for the duration of the project. The contractor must provide a certificate of coverage to the City prior to being award the contract. 29 6 If the coverage period shown on the contractor’scurrent certificate of coverage ends during the duration of the project, the contractor must, prior to the need of coverage period, file a new certificate of coverage with the City showing the coverage has been extended. The contractor shall obtain from each person providing services on a project, and provide to the City: 1) A certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) No laterthan seven (7)daysafter receipt bythe contractor, anewcertificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during the duration of the project. The contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. The contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project. The contractor shall contractually require each person with whom it contracts to provide services on a project to: 1) Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration or the project; 2) Provide to the contractor, prior to that person beginning work on the project a certificate showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) Provide to the contractor, prior to the end of the coverage, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during the duration of the project; 4) Obtain from each other person with whom it contracts, and to provide to the contractor; a. Acertificateofcoverage,priortotheotherpersonbeginningworkonthe project; and 30 7 b. Ifthecoverageperiod expiresduringthe durationoftheproject,anew certificate must be presented indicating an extension of coverage. 5) Retain all inquired certificates of coverage on file for the duration of the project and for one (1) year thereafter; 6) Notify the City in writing by certified mail or personal delivery, within seven (7) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) Require each person/firm with whom it contracts to perform as required by this Request for Proposals, conform to project specifications, and abide by any/all requirements placed on the contractor, and to provide any certificates of coverage to the person/firm for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission’s division ofself insurance regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, or other civil actions. The contractor’s failure to comply with any of these provisions is the breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entities. Section1.15 Withdrawalof Proposals Proposers may request withdrawal of a sealed proposal prior to the scheduled submission deadline provided the request for withdrawal is submitted to the City of Humble City Manager in writing. No proposals may be withdrawn for a period of sixty (60) calendar days after the submission deadline. Section1.16 GeneratorStatus andIndemnification In order to protect the City from liabilities associated with on-site activities, transportation and inherent CERCLA liabilities involving disposal, the contractor should supply its own labor, transportation, and dispose of the waste only at an EPA-permitted disposal facility. THE CONTRACTOR MUST AGREE TO ASSUME GENERATOR STATUS AND BE RESPONSIBLE FOR PREPARING AND SIGNING ALL MANIFESTS RELATED TO THE END USER’S HOUSEHOLD HAZARDOUS COLLECTION AND/OR DISPOSAL FACILITY. 31 8 Contractor agrees to and shall defend, indemnify, and hold the City, their employees, officers, and legal representatives harmless for all claims, causes of action, liabilities, fines and expenses (including, without limitation, attorney’s fees, court costs, and all other defense costs and interest), for injury, death, damage, or loss to persons or property sustained in connection with or incidental to performance under this contract including, without limitation, those caused by: 1) Contractor’s and/or it’s agents’,employees’,officers’,directors’,Contractor’s or Subcontractors’actualorallegednegligenceorintentionalactsoromissions;and 2) City and contractor’s actual or alleged concurrent negligence, whether Contractor is immune from liability or not; and 3) Cityandcontractor’sactualorallegedstrictproductsliabilityorstrictstatutory liability, whether Contractor is immune from liability or not. Contractor shall defend, indemnify, and hold City harmless during the term of this contract and for four (4) years after this contract terminates. Contractor shall not indemnify City for the City sole negligence. In the event of any cause of action or claim asserted by a party to this contact or any third party, the Citywill provide the contractor with timely notice of such claim, dispute or notice. Thereafter, the contractor with the Cityshall at its own expense, faithfully and completely defend and protect the City against any and all liabilities arising from the claim, cause or action or notice. If the contractor, with the City, should fail to so successfully defend, the City may defend, pay or settle the claim or other cause of action with full rights of recourse against the contractor with the Cityfor any and allfees, costs, expenses,and payments,includingbutnot limited to attorney fees and settlement payments made or agreed to be paid in order to discharge the claim, cause of action, dispute or litigation. This contract is binding upon and is to inure to thebenefit of the parties, their successors, assigns, and personal representatives. Section 1.17 Release The contractor, its predecessors, successors, and assigns hereby release, relinquish, and discharge the City, its agents, employees, officers and legal representatives from any liability arising out of the City’ sole and/or concurrent negligence and/or the City’ strict products liability or strict statutory liability for any injury, including death or damage to persons or property, where such damage is sustained in connection with or arising out of performance under this contract. Section 1.18 Venue 32 9 Venue and jurisdiction of any suit, or cause of action arising under, or in conjunction with the contract awarded under these specifications, shall lie exclusively in Harris County, Texas. Section1.19 Termination The contractor acknowledges that any contract entered into as a result of this Request for Proposals may be terminated under the following conditions: 1) Convenience City may terminate the contract in whole or in part without cause at any time giving written notice by certified mail to the contractors whenever for any reason the City determine that such termination is in the best interest of the City. Upon receipt of Termination Notice, all services hereunder of the contractor and its employees shall cease to the extent specified in the notice of termination. In the event of termination in whole, the contractor shall prepare a final invoice within 30 days of such termination reflecting the services actually performed for City pursuant to the contract and to the satisfaction of the City. City agree to pay the contractor, in accordance with the terms of the contract, for services actually performed and accruingtothebenefitofthe Citylesscompensationpreviouslypaid. 2) Default If the contractor fails to perform in accordance with the terms and conditions set forth in the contract documents, the City may consider the contractor to be in default. In this event, the City may serve written notice upon the contractor of its intention to terminate the contract or portion thereof. Such notice shall contain the reasons for such intention to terminate and the contractor shall have thirty (30) days after receipt to cure or provide a satisfactory plan of action to cure said default. If the contractor fails to cure or provide a satisfactory plan to cure, the City may issue a Termination Notice. Section1.20 Subcontractors After contract execution, the contractor is the prime and responsible party for contracting and communicating the work to be performed to subcontractors and for channeling other information between the City and Subcontractors, if necessary. 33 10 The contractor assumes total responsibility for the quality and quantity of all work performed, whether it is undertaken by the contractor or is subcontracted to another organization. If subcontractor involvement is required in the use of license, patent, or proprietary process, the contractor is responsible for obtaining written authorization from the subcontractor to use the process or providing another process comparable to that which is required and which is acceptable to the City, all at no additional cost or liability to the City. Section1.21 Audits/Inspections The City and/or their agents reserve the right to conduct audits and/or inspections of any transportation,storageor disposalfacilities,products,servicesorequipmentusedbythe contractor. Section1.22 ContractorWarranties The contractor will warrant that it has sufficient and requisite experience, personnel, education, licenses and permits, equipment, and knowledge to safely and lawfully collect, transport, and dispose of all disaster debris that may be collected for disposal by City of Humble. Contractor must warrant that is knowledgeable regarding the FEMA Public Assistance Program and Policy Guide FP 104-009-2/June 1, 2020, or as subsequently amended, and the contractor shall perform all work and provide all services in accordance with any and all applicable directions and/or guidance stated in this document. Contractor must warrant that it understands the currently known hazards which are present to persons, property, and the environment in the transportation, storage, and treatment/disposal of the wastes received at all events. Contractor must warrant that the contractor owned or approved storage treatment/disposal facilities are licensed and permitted as necessary. In the event that the storage treatment/disposal facility loses its permitted status hereafter, during the term of the contract, the contractor will promptly notify the City, in writing, of such loss. The contractor will ensure that all vehicles transporting disaster debris (subcontractors included) are properly registered, and that disaster debris drivers have all required State and Federal licenses. Contractor must obtain all required Federal, State, and Local permits for the responsibilities of the contractor. Contractor must obtain all necessary permits and qualify to transport waste according to DOT exemptions. Contractor must qualify to transport waste streams packaged in non-DOT specification packaging under DOT exemptions. 34 11 Section1.23 Perform Other Disaster Response and Recovery Activities as Necessary, and as Requested by City The City may at any time order changes within the scope of services without invalidating the contract between the Cityand the contractor. All services related to disaster response and recovery shall be deemed as germane to the intent of the contract. All changes affecting the project’s costs or modifications of the terms or conditions of this contract shall be authorized by means of an official written contract amendment that is mutually agreed upon and signed by the City and contractor. All changes must be recorded on a written contract amendment before the contractor may proceed with the changes to the services provided. 35 12 SECTIONII.DEBRISREMOVALSERVICES The Cityof Humblerequest proposals from qualified contractors for Debris Removal Services. Debris as used in this document is defined as found in Federal Emergency Management Agency (FEMA) Public Assistance Program and Policy Guide FP 104-009-2/June 1, 2020 or as subsequently amended. This guide and other pertinent documents may be accessed on the FEMA website. It is the intent of this solicitation to enter into a Pre-event contract, which would result innoimmediatecostto the City, which must meet FEMA guidelines. Work will include 1) examining debris to determine whether or not debris is eligible, burnable, or non burnable, 2) loading the debris, 3) hauling debris to approved Temporary Debris Storage and Reduction Sites (TDSRS)or landfill(s), 4) reducing the debris, 5) hauling the debris to an approved disposal facility, and 6) dumping the debris at the dumpsite or landfill. Debris not defined as eligible by FEMA’s Public Assistance Program and Policy Guide or State or Federal DSGs or policies will not be loaded, hauled, or dumped under this contract unless written instructions are given to the contractor by the City. It shall be the contractor’s responsibility to load, transport, reduce, and properly dispose of any and all disaster generated debris which is the result of the event under which the contractor was issued a Notice to Proceed, unless otherwise directed by the City, in writing. This includes, but not limited to: 1) VegetativeDebris a. Damaged and disturbed trees, tree limbs, bushes, shrubs, brush, untreated lumber and wood products. b. Remainsofstandingtreeswhich areclearlydamagedbeyondsalvage. 2) Constructionand Demolition (C&D)Debris a. Building materials, including wood structural members, concrete blocks, window glass, structural siding b. Roofingmaterials,includingshinglesormetalroofingpanels c. Household debris, consisting of damaged furniture and appliances, flooring materials, and the like. d. Treated timber, plastic, rubber products, sheet rock, cloth items, and carpeting materials. e. Metaldebris. 3) Electronic Waste Section 2.1 General Overviewof theContractScope The qualified firm will develop and present the scope of services, meeting the Cityneeds. The work to be undertaken includes, but is not limited to the following: 36 13 1) Emergency Road Clearance – All roadways designated by the City shall be clear and passablewithinseventy(70)workinghoursoftheissuanceofaNoticetoProceed from the City to conduct emergency roadway clearance work. 2)Debris Removal from Public Property – Removal of debris from public right-of ways. Removal of debris beyond public right-of-ways as necessary to abate imminent and/or significant threats to the public health and safety of the community. 3)Temporary Debris Staging and Reduction Sites (TDSRS) – The contractor shall deliver debris to disposal sites that have been permitted to receive storm generated debris and adhere to all Federal,State, and Local regulations.The contractor willlease/own, prepare and maintain sufficient number of TDSRS facilities to accept and process all eligible storm debris. The contractor also needs to locate City owned acceptable property. Preparation and maintenance of facilities shall include maintenance of the TDSRS approach and interior road(s) for the entire period of debris hauling, including provision of stone for any roads that require stabilization for ingress and egress. Each facility shall include a roofed inspection tower sufficient for a minimum of three (3) inspectors for the inspection of all incoming and exiting loads. The contractor will be responsible for obtaining any required permits, which shall be paid at cost by the City. At the City’ discretion, owned right-of-ways or other entity owned propertycould be provided for temporary storage of debris. Contractor is responsible for providing TDSRS traffic control. Contractor is responsible for providing TDSRS dust control. Contractor is responsible for providing 24-hour site security. Contractor is responsible for wind-borne debris, control fencing, silt fencing, water retention berms, and any other items necessary for site operations and management as negotiated between the contractor and the City. Contractor is responsible for operating the TDSRS in accordance with Occupational Health and Safety Administration (“OSHA”) guidelines. The contractor shallprovidea minimumofone (1)portabletoilet. 4)All debris shall be processed in accordance with Federal, State, and Local law, standards and regulations.Processing shallinclude,but isnot limited to, reduction by tub grinding and/or incineration when approved by the City. Prior to reduction, all debris shall be segregated between vegetative debris, construction and demolition debris, recyclable debris, white goods and hazardous waste. 5)Debris shall be reasonably compacted into the hauling vehicle. No limbs shall be allowed to protrude more than 6” beyond the sides of the truck bed. Any debris extending above the top of the bed shall be secured in place so as to prevent it from falling off. Measures must be taken to avoid the blowing of debris out of the hauling vehicle during transport to the disposal site. 6)Generated Hazardous Abatement – Abatement of hazardous waste identified by the City in accordance with all applicable Federal, State, and local laws, standards 37 14 and regulations. 7)Debris Removal – Disposal of all eligible debris, reduced debris, ash residue, and other products of the debris management process in accordance with all applicable Federal, State, and local laws, standards and regulations. The contractor shall be responsible for paying all landfill-tipping fees and receiving reimbursement from the City. 8)Emergency Road Clearance – Removal of debris from the primary transportation routes as directed by the City. 9) Right-of-way (ROW) Vegetative Debris Removal – Vegetative debris existing in the City’ ROW is defined as debris resulting from a hurricane or other natural or man-made disaster which has been or will be placed along public right-of-ways, easements, City’ parks, alleys, City’ debris staging areas, and other areas as designated by the City. For the purpose of this contract, vegetative debris which is piled in immediate close proximityto the actual legalstreet right-of-way,and which isaccessible fromthe right- of-way line with loading equipment (i.e. not behind a fence or other physical obstacle) will be deemed to be on the right-of-way, and is to be removed. Entry onto private property for the removalof vegetative hazards will only be permitted when directed by the City or its authorized representative. The City will provide specific Right-of Entry (ROE) legal and operational procedures. 10)ROW C&D Debris Removal – Construction and Demolition (C&D) debris existing in the City’ ROW is defined as debris resulting from a hurricane or other natural disaster which has been or will be placed along public right-of-ways, easements, City’ parks, alleys, and City’ debris staging areas. For the purposes of this contract, C&D debris which is piled in immediate close proximity to the actual legal street right-of-way, and which is accessible from the right-of-way line with loading equipment (i.e. not behind a fence or other physical obstacle) will be deemed to be on the right-of-way, and is to be removed. 11)Demolition, Removal, and Transport of Structures – Debris generated from the demolition of structures, as well as scattered C&D debris on private property, will be transported to a Cityapproved TDSRS or other designated disposal facility. Removal and transportation of demolished structures and scattered C&D debris on private property will be performed as identified by the City. Entry onto private property will only be permitted when directed by the City. The Citywill provide specific Right of Entry (ROE) legal and operation procedures. Contractor is required to strictly adhere to any and all Local, State, and Federal regulatory requirements for the demolition of structures. 12)Removal of Hazardous Leaning Trees and Hanging Limbs – Remove all hazardous trees twelve inches (12”) or greater in diameter, measured three feet (3’) from the base of 38 15 the tree or chest height and hanging limbs two inches (2”) or greater in diameter existing in the City’ ROW. Further, debris generated from the removal of hazardous trees and hanging limbs two inches (2”) or greater existing in the City’ ROW will be placed in the safest possible location on the ROW and subsequently removed in accordance with the terms, conditions, and procedure described in “ROW Vegetative Debris Removal.” Hazardous leaning trees less than twelve inches (12”) in diameter, measure three feet (3’)from the base of the tree or at chest height, willbe flushed cut, loaded, and removed in accordance with “ROW Vegetative Debris Removal”. The City will not compensate the contractor for leaning trees less than twelve inches (12”) in diameter on a unit rate basis. Removal and transportation of hazardous trees twelve inches (12”) or greater in diameter and hanging limbs two inches (2”) or greater in diameter existing inthe City’ ROW and private property willbeperformed as identified by the City. All disaster specific eligibility guidelines regarding size and diameter of leaning trees will be communicated to the contractor, in writing, by the City. In order for leaning or hazardous trees to be removed and eligible for reimbursement, the tree must satisfy a minimum of one (1) of the following requirements: (a)the tree is leaning in excess of 30 degrees in a direction that poses an immediate threat to public health, welfare, and safety; (b) the tree is dead, twisted, or mangled as a direct result of the stormandacertifiedArboristcanattest to the fact that the tree willdie, and potentially create a falling hazard to the public. 13)Removal of Hazardous Stumps – Remove all hazardous uprooted stumps twenty- four inches (24”) or greater in diameter, measured twenty-four inches (24”) from the base of the tree existing in the City’ ROW. Further, debris generated from the removal of uprooted stumps existing in the City’ ROW will be placed in the safest possible location ontheROW andsubsequently removedinaccordance with terms, conditions, and procedures described in “ROW Vegetative Debris Removal”. Stumps measured twenty- four inches (24”) from the base of the tree and less than twenty- four inches (24”) in diameter will be considered normal vegetative debris and removed in accordance with “ROW Vegetative Debris Removal”. The City will not compensate hazardous stumps less than twenty-four inches (24”) in diameter on a unit rate basis and instead will be considered normal vegetative debris. The diameter of stumps less than twenty four inches (24”) will be converted into a cubic yardage volume based on the published FEMA Stump Conversion Table (See Appendix E – FEMA Stump Conversion Table) and removed under the terms and conditions of “ROW Vegetative Debris Removal”. Removal and transportation of hazardous uprooted stumps existing in the City’ ROW and private property will be performed as identified by the City. All disaster specific eligibility guidelines regarding size and diameter of hazardous stumps will be communicated to the contractor, in writing, by the City. In order for hazardous stumps to be removed and eligible for reimbursement, the stump must satisfy the following requirement: (a) the stump is two feet (2’) or larger in diameter measured two feet (2’) above the ground; and (b) extraction is required as part of the removal. Tree stumps that are not attached to the ground will be considered normal vegetativedebris andsubject toremovalunder 39 16 the terms and conditions of “ROW Vegetative Debris Removal”. The cubic yard volume of the unattached stump will be based off of the diameter conversion using the published FEMA Stump Conversion Table (See Appendix E – FEMA Stump Conversion Table). (c) The City or its representative will measure and certify all stumps before removal. 14)Household Hazardous Waste (HHW) Removal, Transport, and Disposal – The removal, transportation, and disposal of HHW includes obtaining all necessary Local, State, and Federal Handling Permits and operating in accordance will all Local, State, and Federal regulatoryagencies. 15)Abandoned Vehicle Removal - Removal and haul off of abandoned vehicles in areas identified and approved by the City. The removed vehicles will be hauled to a City’ approved staging area and subsequently disposed of by the appropriate regulatory agency. The removal, transportation, and disposal required for Abandoned Vehicle Removal includes obtaining allnecessary Local, State, and Federal Handling Permits and operating in accordance with all Local, State, and Federal regulatory agencies. 16)Animal Carcass Removaland Disposal – Removalof animal carcasses in areasidentified and approved by the City. The carcasses will be hauled to a City’ approved staging area and subsequently disposed of by the appropriate regulatory agency. The removal, transportation, and disposal of animal carcasses includes obtaining all necessary Local, State,andFederalhandlingpermitsandoperatingin accordancewithallFederal,State, and Local regulatory agencies. 17)Equipment – All trucks and other equipment must be in compliance with all applicable Federal, State, and Local rules and regulations. Any truck used to haul debris must be capable of rapidly dumping its load without the assistance of other equipment, be equipped with a tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity. Trucks or equipment designated for use under this contract shall not be used for any other work during the working hours of this contract. The contractor shall not solicit work from private citizens or others to be performed in the designated work area during the period of this contract. Under no circumstances will the contractor mix debris hauled for others with debris hauled under this contract. 18)Traffic Control – The contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs and other traffic control devices at all contractor work areas. Contractor shall provide qualified flag personnel where necessary to direct the traffic and shall take all necessary precautions for the protection of the work, and the safety of the public. Highways, streets or parts of the work area closed to through traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours from sunset to sunrise. Suitable warning signs shall be provided to properly control and direct traffic. All barricades, 40 17 warning signs, lights, temporary signals, other protective devices, flag persons and signaling devices shall conform to the minimum requirements as set out in the Manual on Uniform Traffic Control Devices for Streets and Highways, Part VI, prepared by the National Joint Committee on Uniform Traffic Control Devices and current at the time bids are received. 19)Documentation and Inspections – Storm debris shall be subject to inspection by the City and/or their agents. The ability to review such documentation in a real-time manner is preferred. Inspections will be to insure compliance with the contract and applicable Federal, State, and Local laws. The contractor will, at all times, provide the City access to all work sites and disposal areas. The contractor and the City will have in place, at the TDSRS, personnel to verify and maintain records regarding the origin of all vehicles transporting debris, and the contents and cubic yards of the vehicles entering and leaving the TDSRS. The contractor shall prepare all Federal (FEMA) and State reports for any potential reimbursement. Employees of the City and/or their agents shall review all documentation prior to submittal. The contractor will work closely with the City, FEMA and other applicable State and Federal agencies to ensure that eligible debris collection and data documenting appropriately address concerns of likely reimbursement agencies. 20)Work Areas – The City and/or their agents will establish and approve all areas that the contractor will be allowed to work. The contractor will remove all eligible debris and leave the site from which the debris was removed in a clean and neat condition as approved by the City. The contractor shall not move from one designated work area to another designated work area without prior approval of the City. 21)White Goods – The contractor may expect to encounter white goods available for disposal.Thecontractorwilldisposeofallwhitegoodsencountered inaccordancewith applicable Federal, State and Local laws and pursuant to the Citylandfill/waste disposal contract. Any white goods containing Freon shall have the Freon removed by a certified technician before the item is disposed. 22)Electronic Waste – The contractor may expect to encounter electronic goods available for disposal. The contractor will dispose of all electronic goods in accordance with applicable Federal, State, and Local laws and pursuant to the City landfill/waste disposal contract. 23)Fill Dirt – The contractor shall place compacted fill dirt in ruts created by equipment, holes created by removal of hazardous stumps, and other areas that pose a hazard to public access upon direction of the City. 24)Documentation and Recovery Process – The contractor will provide the following assistance in addition to debris removal: a. Recoveryprocess documentation – create recovery processdocumentation plan 41 18 b. Maintain documentation of recoveryprocess c. Provide writtenandoralstatusreportsasrequestedtothe City d. Reviewdocumentationforaccuracyandquantity e. Assist inpreparationofclaimdocumentation f. Allow the City to document and identify all vehicles used in the debris removal process. g. Digitalfilesofdocumentation asrequired 25)TDSRS Site Reclamation – Site reclamation shall be accomplished in accordance with all Federal, State and Local laws, standards and regulations. Site reclamation shall be accomplishedinaccordancewiththecontractor’s“DebrisRemovalOperationsPlan and Environmental Protection Plan”. 26)Priority of Work Areas – The City and/or their agents will establish and approve all areas that the contractor will be allowed to work. Daily and/or weekly scheduled meetings will be held to determine approved work areas. The contractor shall remove all eligible debris and leave the site from which the debris was removed in a clean and neat condition. There will be certain debris that is not picked up by equipment, machinery, and general laborers used by the contractor. Determination of when a site is in a clean and neat condition will be at the sole judgment of the City although it is anticipated that two (2) complete passes through an area will be necessary with the potential of a third pass being required at the discretion of the City. 27)Working Hours– Allactivityassociated with gathering andloading of eligibledebrisshall be performed during visible daylight hours only. Hauling of eligibledebris to the TDSRS will be allowed during visible daylight hours only between dawn and dusk. The contractor may work during these hours seven (7)days per week including holidays. It is understood between the parties that, at the TDSRS, debris reduction may take place twenty-four (24) hours, seven (7) days per week if the contractor deems it necessary andsafe,subject totheCityapproval. Thecontractorshallberesponsible for obtaining sites to stage equipment, such as trucks, while not in use. 28)The contractor will provide an on-site Project Manager to the City; please note that one (1) Project Manager may serve all three (3) City. The Project Manager shall provide a telephone number to the City with which he or she can be reached for the duration of the project. The Project Manager will be expected to have daily meetings withCity’ representatives. Daily meetingtopics willinclude,butnot limited to, volume of debris collected, completion progress, local coordination, and damage repairs. Frequency of meetings may be adjusted by the City. The Project Manager must be available 24 hours a day, or as required by the City. 29)Contractorisresponsibleforalldamage,injury,orlosstoanyproperty.Contractorshall be responsible for documenting all damage. Contractor shall restore all disturbed ditches and property to their original condition, including re-grading, use of rye grass 42 19 and permanent grass, and any other means determined to be necessary. Contractor’s failure to restore damage to public or private property to the satisfaction of the City will result in the City withholding retainage money in an amount sufficient to make necessaryrepairs. 30)Some trees and debris which are to be removed under this contract may be blocked or entangled with overhead power, telephone, and television cables. In this case, it shall be contractor’s responsibility to coordinate directly with the utility owners to arrange for the removal of the debris without damage to the overhead and underground utility lines. Contractor shall pay all such costs to the utility company for any adjustments. Contractor shall make the necessary repairs or pay all costs incurred to repair damaged utilities, as determined by the affected utility company. Repairs to all City’ water and sewer facilities shall be made by the contractor. 31)For purposes of certain reimbursement in the event of emergency relief, the Texas Department of Transportation (TxDOT) requires contracts for the removal of debris to incorporate specificallyand indetailedformatthe contractrequirementsofTxDOT and Federal-Aid Construction Contracts for the Federal Highway Administration Emergency Relief Program Form 1273, Appendix B, the most current edition. These requirements are incorporated into this Request for Proposal and any subsequent contract between the City and the contractor. The contractor affirms compliance with the requirements of this document. Section 2.2 ScopeofWork: DebrisRemovalContract The City are seeking Firms to coordinate and conduct Emergency Debris Removal Activities. This Request for Proposals includes several scopes of work or scenarios for which any awarded contract may be used. Respondents may submit proposals on any or all of the scenarios or may propose alternate scopes of work or scenarios. Proposals shall clearly indicate which scope of work is being described; should pricing vary dependent upon the scope of work, a separate Schedule A shall be submitted for each scope of work and shall be clearly marked as to which scope of work is applicable to the proposed price structure. All proposals will be evaluated as to their appropriateness. Favorable consideration, however, will be given to proposals that are able to perform all scopes of work. Section 2.3 ScopeofWork No. 1: Spot Jobs –Localized In this scenario, the contractor may be called upon only to provide removal, hauling, and/or reduction by chain saw of localized woody debris. The work will most likely be assisting government resources. Much ofthis workwill be awarded bypersonnel and equipment rates or in combination thereof with an individual job total. Proposers shall prove experience with site management and FEMA requirements, rules, and regulations to qualify for this scope. 43 20 Section 2.4 ScopeofWork No. 2: SmallEvent – Widespread orCityWide In this event, the contractor may provide all necessary supervision, labor, and all equipment to clear, remove, haul, recycle, and/or dispose of all types of debris with its own resources except that government land may be provided for temporary storage. Any government land provided shall be reclaimed at the conclusion of the work as described in Section II, 2.1 (28). The quantity shall not be so significant as to require specialized reduction in volume such as by burning. Proposers shall prove experience with site management and FEMA requirements, rules, and regulations to qualify for this scope. Section2.5 Scope of Work No. 3: Significant Event – Removal, Reduction, Hauling – Woody DebrisOnly– Widespread or Citywide In this event, the contractor may provide all necessary supervision, labor, and all equipment to remove, reduce (grind and mulch or incinerate), and haul woody debris to a disposal site designated, managed, and operated by a government agency or contractor. Proposers shall prove experience with site management and FEMA requirements, rules, and regulations to qualify for this scope. Section2.6 Scope of Work No. 4: Significant Event – Removal, Reduction, Hauling, and Separating – Mixed Debris – Widespread or Citywide In this event, the contractor shall provide all necessary supervision, labor, and all equipment to remove, reduce (grind and mulch or incinerate), and haul mixed debris to a disposal site(s) designated, managed, and operated by a government agency or contractor. Proposers shall prove experience with site management and FEMA requirements, rules, and regulations to qualify for this scope. Section2.7 Scope of Work No. 5: Catastrophic Event – Removal, Reduction, Hauling, and Separating – Mixed Debris – Citywide In this event, the contractor shall provide all necessary supervision, labor, and all equipment to remove, reduce, and haul mixed debris to multiple disposal sites designated, managed, and operated by government agencies. Proposers shall prove experience with site management and FEMA requirements, rules, and regulations to qualify for this scope. Section 2.8 ScopeofWorkNo.6: CatastrophicEvent – SiteManagement – Citywide In this event, the contractor will be tasked to plan, set up, mobilize equipment, manage, operate, and close the City’ debris management sites including burn operations. The contractor will be responsible for all necessary traffic control, weighing, measuring, reduction, recycling, and all other necessary operations for the operation of the site(s) through close out of the site(s). Permitting will be in the name of the government agency. 44 21 Proposers shall prove experience with site management and FEMA requirements, rules, and regulations to qualify for this scope. Section2.9 ScopeofWorkNo.7: CatastrophicEvent –Total Management – Citywide In this event, the contractor will be tasked to combine site management and field operations as listed above for the removal through disposal of mixed debris at multiple and differing sites within the City. Proposers shall prove experience with overall management and FEMA requirements, rules, and regulations to qualify for this scope. Section2.10 Scopeof Services:TechnicalDisasterRecoveryAssistance The contractor may be called upon to provide disaster recovery technical assistance to appointed and elected officials within the City. This assistance shall include Public Assistance Program Management Assistance. This Scope of Services may be implemented alone or in conjunction with any of the Debris Management Scope of Work described previously. Section2.11 ProgramManagementAssistance 1) DamageSurveyReport(DSR)orProjectWorksheet (PW) a. OfficialDSR/PWrequests– Assistpersonnelfromthe Cityinthefollowing: i.Identification of expenditures eligible for reimbursement ii.Submissionofofficial“requestforDSRinspection” b. Local government representation on DSR/PW team – Train and assist personnel from the City to accomplish the following: i.Identification of eligible itemsfor reimbursement ii.ReviewofDSR/PWforaccuratescopeof work iii.ReviewDSR/PWforaccurateunit costs c. Recovery process documentation – assist City personnel from the City in the following: i.Creation of recovery process documentation plan ii.Maintenance of documentation of recovery plan d. Forceaccountlaborvs.contractlabor i.Recommendations for government officials on need to contract or utilize force account labor e. Recoveryprocess oversight i.Recommendation to government officials on need to contract for project management for projects requiring intense oversight ii.DSR/PWtracingthroughStateand Federalprocess iii.Written andoralstatusreportstogovernmentofficials 2) Documentation Support 45 22 a. ReviewrecordssystemforapplicabilitytoFederalandStaterequirements b. Orientation and training of personnel from the City on requirements for quality and quantity of required documentation. c. Reviewdocumentationforaccuracyandquantity d. Assist inpreparationofclaimdocumentation e. Digitalfilesofdocumentation asrequired 3) Consultation and negotiation services a. Recommendationstogovernmentofficialsonplansofaction b. Provide guidance to government officials on issues involving Federal and State reimbursement c. Assistofficialsofthe CityinnegotiationswithFederalandStateofficials d. Otherrepresentationsasmayberequested/required e. Costs for program management services are included in the costs listed in the price schedule. There will be no additional cost for this service. 46 23 SECTION III. EMERGENCY RESPONSE PRODUCTS, EQUIPMENT, AND SERVICES Section 3.1 Purpose It is the intent of this Request for Proposals to have vendors that are capable of providing all types of products, equipment, and services that may be required in the event of a declared emergency/disaster. This contract would be utilized when City of Humble resources are not able to provide for an emergency/disaster response in an immediate manner. The types of items that may be required include, but are not limited to, generators, lighting, toilet facilities, living accommodations, food/meals for City’ personnel, etc. as well as on-site response teams to perform a wide range of emergency services. Section 3.2 ContractorResponses The Cityshall require a return phone call or response from the contractor, day or night, within two (2) hours of contact from a City’ representative requesting assistance. The contractor shall furnish to the City the correct contact information, to include personnel, telephone numbers, and email addresses, to initiate such a request for assistance. Any change to this information must be communicated within five (5) business days of the change. The Cityshall require that a representative of the contractor will arrive at the City’ Emergency Operations Center no later than eight (8) hours after the City request for assistance. In an anticipated event, it is the City’ intent to notify the contractor approximately twelve hours (12) prior to the anticipated initial impact (for example, arrival of tropical force winds) of the event. The representative shall be prepared to shelter at the City’ facilities and would be responsible for maintaining contact between the City and the contractor during the event. Please note that it is expected that one (1) representative will serve the City. Section 3.3 Contractor Requirements 1) The contractor shall have the capacity, ability, and experience to respond rapidly with thedeliveryofproducts,equipment,and/orservicesrequired/requestedbythe Cityin a declared emergency. The contractor is required to have access to all types of emergency products, equipment, and services. 2) Schedule D includes a listing of products, equipment, and services for City of Humble that will likely be necessary during the initial stages of an event. The contractor shall be able to immediately initiate the delivery process to furnish such products, equipment, and services if required by the City. 47 24 a. The City also may require that generators be delivered and installed in advance of the anticipated landfall of a hurricane. It is the intent of the City to provide initial notification to the contractor seventy two (72) hours in advance of such anticipated landfall indicating that the generators may be necessary. b. Notification to the contractor requesting delivery of the generators will be made by the City no later than forty – eight (48) hours prior to anticipated landfall. Delivery and installation/hook up shall be completed by the contractor not later than thirty (30) hours prior to anticipated landfall. The delivery location for these generators shall be communicated to the contract at the time of the request. 3) The contractor shall be required to provide pricing information for all equipment to include daily rates, weekly rates, delivery charges, and pickup charges in conformance with appropriate Federal and/or State of Texas agencies. 4) The contractor shall be required to possess the ability to document/record all transactions within the guidelines and requirements stipulated by Federal and/or State of Texas regulations to allow for reimbursement to the City by the appropriate Federal and/or State of Texas agencies. 5) The contractor shall possess, have access to, and/or have the ability to acquire the necessary products,equipment,and/orservicesasspecifiedhereintoperformthe types, magnitude, and quality of work requested by the City. 6) The contractor shall have an adequate organizational structure to perform/provide the services associated with this Request for Proposals. The contractor shall have adequate personnel dedicated to contract administration and supervision addressing day-to-day contract administration concerns and questions. 7) The contractor shall have the financial resources to effectively perform/provide the services associated with this Request for Proposals. The City may require that a contractor, prior to award of bid, furnish an independent, certified audit or financial statement for the most recent fiscal period prior to the date of issuance of this Request for Proposals. 8) The contractor shall have at least five (5) years of experience in the provision of emergency products, equipment, and services and the contractor shall be able to demonstrate that it has provided such products, equipment, and services during periods of emergency conditions. 48 25 Section3.4 GeneralRequirements 1) Authorized Contract Users This contract will be used by or at the direction of the City of Humble. The contractor recognizes, understands, and agrees that use of this contract in the event of a declared emergencyisoptional. 2) Time isofthe Essence The contractor and City agree that time is of the essence for performance of this contract. Contractor warrants and guarantees that it will use its best efforts to acquire and deliver required/requested products, equipment, and services at the prices and on the terms quoted herein. The contractor shall fully cooperate and coordinate with the City to maximize timely delivery of such products, equipment, and services, as deemed necessary in the best interest of the City. The contractor agrees and understands that its guarantee of timely performance hereunder as an inducement of the City to enter into this contract, and that the products, equipment, and services covered by this contract will be available on an as needed basis, subject to circumstances then existing. 3) Indemnification The contractor agrees to indemnify and hold harmless the City of Humble, and their officers, agents, and employees from any and all claims, causes of action, and damages of every kind, for injury to or death of any person and damages to property arising out of or in connection with the work done by the contractor under this contract, but not including acts or omissions of the City of Humble or their officers, agents, or employees in connection with this contract. 4) Non – Assignment The City have entered into this contract on the express understanding that the contractor has the capacity and ability to respond rapidly with the delivery of products, equipment,andservicesstatedhereininadeclaredemergency. Therefore, thecontract may not be assigned, transferred, or conveyed without the prior written consent of the City. 5) CompliancewithApplicableCodes/Law It is the responsibility of the contractor to provide products, equipment, and materials which are configured or otherwise compliant with all applicable Federal, State,and/or City’ safety and health codes, laws, and/or ordinances. The contractor is solely liable for any expenses, fines, or penalties imposed due to a violation, including traffic infractions or parking violations attributable to employees, subcontractors, and/or agents of the contractor. 49 26 6) IssuanceofPurchaseOrder This contract does not constitute a Purchase Order. It is a framework within which the City, in the event a declared emergency may issue a Purchase Order to the contractor. Purchase Orders may be transmitted electronically, including e-mail or fax, to facilitate timely delivery on a 24 hour/7 day-a-week basis and are considered to have been submitted to the contractor upon successful transmission. 7) Inspection The quality of products, equipment, and services shall be subject to inspection by the City and/or their agents at any time. Should it be determined, at the sole discretion of the City, that the quality of the products and/or equipment delivered or the services being performed are not satisfactory, and that the requirements of the specifications are not being met, the City acting on their own behalf, may terminate the contract and employ another contractor to fulfill the requirements of the contract. 8) StopWorkOrder/CancellationforCause Upon notice to the contractor and a failure, within twenty-four (24) hours, to cure the stated deficiency, the City, at their sole discretion, reserves the right to stop work covered by a Purchase Order. The City reserve the right to terminate/cancel this contract in its entirety at any time for cause when the City deem that the contractor is unable or incapable of performing the work, including but not limited to meeting the requisite delivery time frames, or otherwise adequately meeting the needs of the declared emergency. In the event of such stoppage or cancellation, the City shall provide immediate written notice of the contractor’s default and shall have the right to arrange for the completion of the work in such a manner as is deemed in its best interest. 9) Accessto Site The Cityreservesthe rightto reject andbarfrom anyand allCity’ facilitiesand/orjob sites any subcontractor, agent, or employee of the contractor. 10)Paymentof Operators Where the service provided by the contractor involves the delivery of equipment or heavy machinery without services, and unless otherwise not mutually agreed, it shall be the responsibility of the City to furnish labor and pay all operators employed on the equipment during the period of use. 11)PointofDelivery The contractor shall not ship such products and/or equipment without first obtaining a specified point of delivery from the City. The contractor is responsible for obtaining and paying fees for all duties, tariffs, highway and other special permits that may be required for delivery. The prices bid shall be assumed to include all applicable delivery, freight, set up, and shipping charges as well as taxes unless otherwise specified in the 50 27 contractor’s proposals. The Cityare tax exempt entities and certificates from the City shall be furnished upon request by the contractor. 12)Power/CableSpecifications Unless the parties otherwise agree, products requiring power for operation shall be non- electric. At the option of the City, the contractor shall provide, at the expense of the City, sufficient electrical cable, of the appropriate size and type, to enable connection to distribution systems identified by the City in addition to contractor personneltohook up generators to the designated site(s). 13)EquipmentCondition Products and equipment provided by the contractor shall be in good working order and, where applicable, be equipped with all OSHA required safeguards. Where equipment is mounted on vehicles/trucks, it must meet at least the minimum manufacture’s recommendation for Gross Vehicle Weight Rating (G.V.W.R.), Front Gross Axle Weight Rating (F.G.A.W.R.) and curb weight. Unsatisfactory and/or unsafe equipment, as determined at the sole discretion of the City, shall be picked up by the contractor at no expense to the City. 14)AvailabilityofProductsand Equipment The contractor shall deliver products, equipment, and/or services within the time period specified on the bid tabulation sheet or as required herein after the City’ placement of an order/request. If the product, equipment, and/or services will not be available for delivery within the prescribed time period, the contractor shall inform the City as soon as possible in order to allow the City to locate an alternate source for the product or equipment.The failure to provide ordered products, equipment, and/or services within the prescribed time frames may constitute a material breach and grounds for immediate cancellation of the contract upon notice. Additionally, the City reserve the right to cancel this contract after twenty-four (24) hours of any order placement if, in the City’ sole judgment, the contractor does not possess adequate resources or mobilization ability to meet the needs of the emergency by delivering products, equipment, and/or services within the required time frame. 15)Contractor Contract Upon contact by the City informing the contractor of a request for assistance, the contractor shall specify and furnish the name of the contact person, to include a phone number and email address, who can be contacted for all communications and ordering twenty four (24) hours per day, seven (7) days per week during the time of the declared emergency. Should there be any change to this information during the time of the declared emergency, the contractor shall immediately notify the City and provide updated information such that no lapse in communication occurs. 16)ProductInventory The contractor shall supply an equipment inventory along with its invoice, which shall be 51 28 verified byaCity’representativeatthetimeofdelivery. 17)AdditionalGenerators Should the City require additional generators during an emergency event, other than those listed in the awarded contract, generator pricing shall remain within the pricing of similar generators quoted within the contract. Section3.5 Billing Payments 1) Contract Billing The contractor shall provide complete and accurate billing invoices to the City in order to receive payment. Such invoices shall comply with the necessary standards required by FEMA, other Federal agencies, and/or State agencies, as applicable, to meet auditing and reimbursement criteria. 2) The contractor shall be available and able to assist in providing information and/or resolving issues involving FEMA relative to the performance of the agreement. 3) Responsibilityfor Payment In the event that purchases are made by other governmental entities under the scope of this contract, such entity shall be responsible for payment and the contractor shall bill themdirectly. 52 29 SECTIONIV. PROPOSEDREQUIREMENTS AND RESPONSE FORMAT Section 4.1 Evaluation The proposer may be required before the award of any contract to show to the complete satisfaction of the City that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City with regard to the proposer’s qualifications. The City may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City all information for this purpose that may be requested. The City reserve the right to reject the proposal if the evidence submitted by, or investigation of, the proposer fails to satisfy the City that the proposer is properly qualified to carry out the objectives of the contract and to complete the work described therein. Section4.2 Proposal Requirementsand ResponseFormat Proposers shall present their responses to the Request for Proposals in the manner and format listed below, identifying each response by its respective tab numeral. Tab Item I.Management summary. The proposer shall provide a cover letter indicating the underlying philosophy of the firm in providing the service. Proposer shall also provide a comprehensive organizational chart. The cover letter and organizational chart shall be limited to one (1) page each. II.Proposal Describe,indetail,howthe servicewillbeprovided. The proposer shall include the mobilization response time necessary to respond to the City. The proposer shall include a statement that they will meet all program standards as provided for in the Public Works Annex to the Harris County Basic Emergency Management Plan. The proposer shall supply sufficient documentation that they are well versed in all aspects of FEMA documentation, reimbursement, and project management. The proposer shall include information regarding the expertise of staff in working with FEMA relative to any issues pertaining to this proposal. III.Corporate experience capacity. The proposer shall state the size of the firm’s staff, the location of the office from which this service is to be performed, the number and nature of the staff to be employed in the performance of this contract. 53 30 IV.Qualifications. The Proposer shall attach resumes of all involved in the delivery of the offered services. V.References. The proposer shall provide at least five (5) references for contracts of similar size and scope, (if available) including at least two (2) references for current contracts of those awarded during the past three (3) years. Include the name of the organization,the lengthofthecontract,abriefsummaryofthework,andthenameand telephone number of a responsible contact person. Also, provide a description of any conflicts, which may have occurred over the last three (3) years with these, or any other contract for similar work. VI.Pricing – Debris Removal. The proposer shall provide pricing information relative to providing the services outlined herein. Pricing shall be by cubic yard, unless defined otherwise in Schedule A, including, but not limited to, pickup, transportation and all disposal fees. Pricing shall include all direct and indirect costs including labor, equipment, fuel, disposal fees, and all out-of-pocket expenses. Other services may be listed and priced separately. The City are not responsible for expenses incurred in preparing and submitting a proposal. Such costs shall not be included in the proposal. VII.Pricing – Emergency Response. The proposer shall provide pricing information relative to providing the products, equipment, and services defined in Schedule D. Pricing shall include all direct and indirect costs including labor, equipment, fuel, and all out-of- pocket expenses. Other services may be listed and priced separately. The City are not responsible for expenses incurred in preparing and submitting a proposal. Such costs shall not be included in the proposal. VIII.Sample insurance IX.City of Humble Request for Proposals required documents, in addition to the aforementioned items identified in Section IV., 4.2: RequestforProposalsVerification Attachment A,PropertyTax Statement Attachment B,NepotismStatement Attachment C,Non-collusion Statement AttachmentD,Debarment Statement Attachment E, LobbyingStatement Attachment F,Byrd Anti-Lobbying Amendment Attachment G, House Bill 89 Verification Attachment H, Senate Bill 252 Verification Attachment I, Conflict of Interest Questionnaire Schedule A,UnitPriceSchedule–DebrisRemovalServices ScheduleB,EquipmentAvailability–DebrisRemovalServices Schedule C,SafetyRecord–DebrisRemovalServices 54 31 ScheduleD,UnitPriceSchedule–EmergencyResponse ScheduleE,SafetyRecord–EmergencyResponse ScheduleF,ExceptionstoProposal Section4.3 Type of Contract The City contemplates award of a firm-fixed price contract resulting from this Request for Proposals, subject to potential amendments as noted in Section I, 1.3. Section 4.4 Personnelto ContactonthisSolicitation Proposers desiring an explanation or interpretation relative to this solicitation must request such information in writing not later than 2:00 p.m. CST June1, 2024. Oral explanations or instructions will not be binding. Any information given to a proposer, which in the opinion of the City affects all proposers or would be prejudicial to other proposers if not communicated, shall be furnished to all other proposers as an addendum to the solicitation. Direct inquiries as follows: James Nykaza Emergency Management Coordinator City of Humble 110 W. Main Street Humble, TX 77338 (281) 446-4928 jnykaza@cityofhumble.net Section4.5 RequiredInformation/Documents All information and completed documents submitted by a proposer in response to this solicitation shall become an integral part of the resultant contract. Section4.6 Submission ofProposals 1) All sealed proposals consisting of one (1) original and three (3) copies shall be submitted to: a. CitySecretary, 114 W. Higgins Street, Humble, Texas, 77338; b. Notlaterthan June 1,2024,2:00p.m. 2) Proposals may be modified/withdrawn by written notice if received by the City of Humble City Manager before the time and date set for receipt of proposals. 3) For alistofdocumentsauthorizedfortransmittalbyfacsimile,seeSectionIV.,411. 55 32 Section4.7 Preparation of Proposals 1) Theproposer’sauthorizedagentshallsignany document inwhichasignature is required. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority. Erasures or other changes must be initialed by the person authorized to sign for the proposer. 2) For eachitemofferedinthePriceSchedule,proposersshallentertheunitprice. 3) Proposals for services other than those specified shall not be considered unless authorized by the Request for Proposals. 4) Proposers shall thoroughly examine all statements of work/specifications, schedules, drawings, instructions, other documents and attachments, and references included or cited in this Request for Proposals. Failure to do so will not constitute grounds for withdrawal of a proposal after proposal opening, for refusal to execute a contract if awarded by the City, or for a claim for equitable or other relief after execution of a contract. Section4.8 IssuanceofAddenda 1) If this Request for Proposals is amended, the City will issue appropriate addendum to the Request for Proposals. If an addendum is issued, all terms and conditions that are not specifically modified shall remain unchanged. 2) Proposers shall acknowledge receipt of each addendum of this Request for Proposals using one of the following methods: a. Bysigningand returningthe addendum; b. By identifying the addendum number and date in the space provided for this purpose in “Section 2– Representations/Certifications”ofthe attached proposed contract; c. Bysignedletter;or d. Bysignedfacsimile(subjecttotheconditionsspecifiedinSection IV.,4.11). 3) The City must receive the acknowledgement by the time and date, and at the location specified for receipt of proposals. Section4.9 DiscountsforPromptPayment Discounts for prompt payment will be considered in the evaluation of proposals. However, any offered discount will form a part of the award. Any such prompt payment discount shall be indicated in the proposal. 56 33 Section 4.10 LateSubmission 1) Any proposal received by the City Secretary after the exact time specified for receipt will not be considered and will be returned unopened. 2) Proposers may request withdrawal of a sealed proposal prior to the scheduled submission deadline provided the request for withdrawal is submitted to the City of Humble City Manager in writing. No proposals may be withdrawn for a period of sixty (60)calendardaysafterthesubmissiondeadline. 3) If an emergency or unanticipated event interrupts normal City processes so as to cause postponement of the scheduled proposal opening, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation of the first work day on which normal City processes resume or to such other date and time as provided by the City in a written notice to proposers. Section4.11 FacsimileDocuments 1) “Facsimile document,” as used in this Request for Proposals means any complete and properly executed document listed below in subparagraph (2) that is transmitted to and received by the City Secretary via electronic equipment that communicated and reproduces both printed and handwritten material. Time of receipt stamped by the receiving equipment shall be conclusive as to time of submission. 2) Thefollowingdocumentsareauthorizedfortransmittalviafacsimile: a. AcknowledgementofanyaddendumtotheRequestforProposals. b. NotificationofWithdrawalofProposal. 3) Telephonenumberofreceivingfacsimileequipment: 281-446-3960. 4) At a minimum, the facsimile document must be identified with the following information a. Name,address,andtelephonenumberofsender; b. Proposaltitle;and c. Dateandtimeforreceipt of proposals. 5) If the proposer chooses to transmit a facsimile document listed above in subparagraph (2), the City will not be responsible for any failure attributable to transmission or receipt of the facsimile document including, but not limited to, the following: a. Failuretotransmitthedocumenttothespecifiedfacsimileequipment; b. Receiptofgarbledorincompletedocument; c. Availabilityorconditionofthereceivingfacsimileequipment; d. Incompatibility betweenthe sending and receiving equipment; 57 34 e. Delay intransmission orreceiptofdocument; f. Failureoftheproposerstoproperlyidentifythedocument; g. Illegibilityofdocument;and/or h. Securityofdocument data. 6) The City reserve the right to reject any facsimile document based on the conditions of subparagraph (5) above. The apparent successful proposers shall promptly submit any incomplete original document, if requested to do so by the City of Humble City Manager. Section4.12 ContractAward–Requestfor Proposals 1) The Citywill evaluate proposals in response to this Request for Proposals and contemplate awarding contracts to the proposers whose proposal conforms to the requirements of this solicitation. 2)It is the intent of the Cityto award two (2) contracts to selected proposers in accordance with the guidelines, stipulations, and terms and conditions noted within this Request for Proposals. 3)TheCitymay: a. Reject anyorall proposals; b. Acceptotherthanthelowest costproposal;and c. Waiveinformalitiesorminorirregularitiesinproposalsreceived. 4)The Citymay reject a proposal if the prices proposed are materially unbalanced between line items or sub line items. A proposal will be considered materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work and thereby creating a reasonable doubt that the proposal will result in the lowest overall cost to the City, even though it may be the apparent low proposal, or creating circumstances which are deemed tantamount to allowing an advance payment. 5)The written award or acceptance of a proposal will be made by the City using the attached proposed contract entitled, “Debris Removal Services and Emergency Response Products, Equipment and Services Agreement”. The proposer shall not alter (delete, add, modify, etc.) any portion of this form document without the written concurrence of the City. 6)Proposers are cautioned to read the proposed contract carefully, as it will be binding on both parties once the written award or acceptance of a proposal is made by the City. Section4.13 Approval ofResultant Contract 58 35 The contract, which may result from this solicitation, is subject to approval and shall not be executed until so approved by the governing bodies of the City. Section4.14 CostsIncurredbyProposer The City will NOT be responsible, under any circumstances, for anyproposal preparation costs or other costs incurred by any proposer before execution of a contract between the City and the successful proposer(s). 59 36 REQUESTFORPROPOSALSVERIFICATION DEBRIS REMOVAL SERVICES EMERGENCYRESPONSEPRODUCTS,EQUIPMENT, ANDSERVICES CITY OF HUMBLE The undersigned affirms that the foregoing information and statements are true and correct and include all material and information to identify and explain the operations of (company name) as well as the ownership thereof. Havingreadandunderstoodtheinstructions,terms,conditionsandscopeofwork,wesubmit the following: Witness CompanyName Date AuthorizedRepresentative Signature PrintedName Title CorrespondenceAddress RemitAddress City,State,ZipCode City,State,ZipCode TaxIdentificationNumber(Tin/Fien/Ssn)Telephone Number FaxNumber E-mail 60 ATTACHMENTA– PROPERTYTAXESSTATEMENT DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE FAILURE TO COMPLETETHIS ATTACHMENT SHALLRESULT IN THE PURCHASINGSUPERVISIOR DEEMING YOUR BID OR PROPOSAL “NON-RESPONSIVE.” The City of Humblewill not do business with any person or business that owes delinquent property taxes to any of the City. Please indicate whether you owe delinquent property taxes to any of the City. I do not owe the City property taxes that are delinquent. I owe City property taxes that are delinquent on property located at Bidder’s Printed or Typed Name Bidder’s Signature Date 61 ATTACHMENT B–NEPOTISMSTATEMENT DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE FAILURE TO COMPETE THIS ATTACHMENT SHALLRESULT IN THE PURCHASING SUPERVISOR DEEMING YOUR BID OR PROPOSAL “NON-RESPONSIVE.” The Bidder or Proposer or any officer, of the Bidder or Proposer is other than an individual, shall state whether Bidder or Proposer has a relationship, either by blood or marriage, with any official or employee of the City of Humble by completing the following: If the Bidder or Proposer is an individual: I am not related by blood or marriage to any official or employee of the City of Humble. I am related by blood or marriage to the following official(s) or employee(s) of the City of Humble. Name and Title of City Official or Employee: Relationship: If the Bidder or Proposer is NOT an individual: Name and title of officer: Employee and Title of City Official or Employee: Relationship: The officers of the company submitting this bid or proposal are not related by blood or marriage to any official or employee of the City of Humble. The officers of the company submitting this bid are related by blood or marriage to the following official(s) or employee(s) of the City of Humble. 62 ATTACHMENTC–NON-COLLUSIONSTATEMENT DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE THE UNDERSIGNED AFFIRMS THAT THEY ARE DULY AUTHORIZED TO EXECUTE THIS CONTRACT, THAT THIS COMPANY, FIRM, PARTNERSHIP OR INDIVIDUALS HAS NOT PREPARED THIS BID IN COLLUSION WITH ANY OTHER BIDDER, AND THAT THE CONTENTS OF THIS BID AS TO PRICES, TERMS OR CONDITIONS OF SAID BID HAVE NOT BEEN COMMUNICATED BY THE UNDERSIGNED NOR BY ANY EMPLOYEE OR AGENT TO ANY OTHER PERSON ENGAGED IN THIS TYPE OF BUSINESS PRIOR TO THE OFFICIAL OPENING OF THIS BID. VENDOR ADDRESS PHONE FAX EMAIL BIDDER (SIGNATURE) BIDDER (PRINTED NAME) SIGNATURE OF COMPANY OFFICIAL AUTHORIZING THIS BID COMPANY OFFICIAL (PRINTED NAME) OFFICIAL POSITION 63 ATTACHMENTD–DEBARMENT STATEMENT DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE DOCUMENT 00435, REQUIRED BY ALL BIDDERS WHO WILL RECEIVE FEDERAL FUNDS IN PAYMENT OF PROCUREMENT. BIDDER’S CERTIFICATION REGARDINGDEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (49 CFR PART 29) The undersigned certifies, by submission of this proposal or acceptance of this contract, that neither Contractor nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. Bidder agrees that by submitting this proposal that Bidder will include this clause without modification in all lower tier transactions, solicitations. Where there Bidder or any lower tier participant is unable to certify to this statement, that participant shall attach an explanation to this document. Certification – the above information is true and complete to the best of my knowledge and belief. (Printed or typed Name of Signatory) (Signature) (Date) NOTE:The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 END OF DOCUMENT 00435-FAA 64 ATTACHMENTE–LOBBYINGSTATEMENT DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Language Clause and specific language therein are mandated by49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, “New Restrictions on Lobbying,” at 49 CFR § 20.110(d) Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. Use of “Disclosure of Lobbying Activities,” Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by “Government wide Guidance For New Restrictions on Lobbying,” 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. 65 Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, was amended by Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] – Contractors who apply or bid for an award from $100,000 or more shall file the certification required by 49 CFR part 20, “New Restrictions on Lobbying.” 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 any 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 the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20—CERTIFICATION REGARDING LOBBYING Certificationfor Contracts,Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person 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 making lobbying contacts to 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 [as amended by “Government wide Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413 (1-19-96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified as 2 U.S.C. 1601, et seq.)] 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards and all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly. 66 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 mandated 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. [Note: Pursuant to 31 U.S.C. § 1352(c) (1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands andagreesthattheprovisionof31U.S.C.A 3801,etseq., applytothiscertification and disclosure, if any. Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official Date 67 ATTACHMENT F–BYRDANTI-LOBBYINGAMENDMENT DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE BYRD ANTI-LOBBYING AMENDMENT APPENDIX A, 44 C.F.R. PART 18-CERTIFICATIONREGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $ 100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee ofCongress, 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 transactionwasmadeorentered into.Submissionofthiscertificationisaprerequisiteformaking 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. 68 The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor’sAuthorized Official Name and Title of Contractor’s Authorized Official Date 69 1 ATTACHMENT G – HOUSEBILL 89 DEBRIS REMOVAL SERVICES EMERGENCY RESPONSE PRODUCTS, EQUIPMENT, AND SERVICES CITY OF HUMBLE I,(Person name), the undersigned representative of (Company or Business name) (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does notboycottIsraelcurrently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specificallywith Israel, or with a personor entity doingbusiness in Israel or in an Israeli- controlled territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, jointventure,limitedpartnership, limitedliability partnership, or anylimited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Signature of Company Representative Date On this the day of , 20 , personally appeared , theabove-namedperson,who afterbyme beingdulysworn,didswearandconfirmthattheaboveistrue and correct. NOTARYSEAL Signature Date HB 89: Beginning September 1, 2017, state law prohibits governmental entities from contracting with companies who boycott Israel. The Texas State Comptroller maintains a list of companies that boycott Israel. Inclusion on this list will prevent the City from entering into a contract with the contractor. Link to the list:https://comptroller.texas.gov/purchasing/publications/divestment.php SB 252: BeginningSeptember1, 2017, a governmental entitymay not enterinto agovernmentalcontract with a company that doesbusinesswith Iran,Sudan, or any knownterrorist organization.The Texas State Comptrollermaintains a listof companies knownto havecontracts withor providesuppliesor services to a foreign terrorist organization. Inclusion on this list will prevent the City from entering into a contract with the contractor. Link to the list:https://comptroller.texas.gov/purchasing/publications/divestment.php 70 2 ATTACHMENT G –HOUSEBILL89 DEBRIS REMOVAL SERVICES EMERGENCY RESPONSE PRODUCTS, EQUIPMENT, AND SERVICES CITY OF HUMBLE I,(Person name), the undersigned representative of (Company or Business name) (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2274.002. (a) Thissection appliesonly to a contract that: (1) Is betweenagovernmentalentity anda companywith10 ormore full-timeemployees; and (2) Has a value of $100,000 or more that is to be paid wholly or partly from public funds of the government entity. (b) Except as provided in Subsection (c), a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)Does notboycottenergycompanies;and (2)Willnot boycottenergycompanies duringtheterm ofthe contract. (c) Subsection (b) does not apply to a governmental entity that determines the requirement of Subsection(b)are inconsistentwiththegovernmentalentity’sconstitutionalorstatutory dutiesrelatedto the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. Signature of Company Representative Date On this the day of , 20 , personally appeared , theabove-namedperson,who afterbyme beingdulysworn,didswearandconfirmthattheaboveistrue and correct. NOTARYSEAL Signature Date 71 3 ATTACHMENT G–HOUSEBILL89 DEBRIS REMOVAL SERVICES EMERGENCY RESPONSE PRODUCTS, EQUIPMENT, AND SERVICES CITY OF HUMBLE I,(Person name), the undersigned representative of (Company or Business name) (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2274.002. (a) Thissection appliesonly to a contract that: (1) Is betweena governmentalentity and a companywith10 ormore full-timeemployees; and (2) Has a value of $100,000 or more that is to be paid wholly or partly from public funds of the government entity. (b) Except as provided in Subsection (c), a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity of firearm trade association; and (2)Will notdiscriminate during the termof thecontract against a firearmentityor firearm trade association. (c)Subsection(b) doesnot apply to a governmentalentity that: (1) Contractswith asole-source provider;or (2) Does not receiveany bids from a companythat isable to providethe written verification required by that subsection. Signature of Company Representative Date On this the day of , 20 , personally appeared , theabove-namedperson,who afterbyme beingdulysworn,didswearandconfirmthattheaboveistrue and correct. NOTARYSEAL Signature Date 72 ATTACHMENT H– SENATEBILL252VERIFICATION DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE As per Section 2252.151-154 of the Texas Government Code, added by SB 252, 75 th Legislature, R.S. (2017), all bidders must complete the following: I, the undersigned vendor, do hereby certify that the company I represent, is not identified on the Texas Comptroller’s list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization. A “Foreign Terrorist Organization”, means an organization designated as a foreign terrorist organization as defined by the United States Secretary of State as authorized by Federal law. Pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, I certifythatthecompanynamedbelowisnotlistedonthewebsiteoftheComptrolleroftheState of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of TexaswhichdobusinesswithIran,SudanoranyForeignTerroristOrganization,Iwillimmediately notify the City of Humble. I,, the undersigned and representative of (Company or Business Name) Name of Company Representative (Print) Signature of Company Representative Date 73 ATTACHMENT I -CONFLICT OF INTEREST QUESTIONNAIRE DEBRIS REMOVAL SERVICES EMERGENCYRESPONSEPRODUCTS, EQUIPMENT, AND SERVICES CITY OF HUMBLE CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acompletecopyof Chapter 176 of the Local GovernmentCode maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a):"Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A)a transaction that is subject to rate or fee regulation bya federal, state, or local governmental entityor an agency of a federal, state, or local governmental entity; (B)a transaction conducted at a price and subject to terms available to the public; or (C)a purchase or lease of goods or services from a person that is chartered bya state or federal agencyand that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) Alocal government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) thevendor: (A)has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i)a contract between the local governmental entityand vendor has been executed; or (ii)the local governmental entity is considering entering into a contract with the vendor; (B)has given to the local government officer or a familymember of the officer one or more gifts that have an aggregate value of morethan $100 inthe 12-month period preceding the date the officer becomes aware that: (i)a contract between the local governmental entity and vendor has been executed; or (ii)the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a)A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1)has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2)has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3)has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1)the date that the vendor: (A)begins discussions or negotiations to enter into a contract with the local governmental entity; or (B)submits to the local governmental entityan application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2)the date the vendor becomes aware: (A)of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B)that the vendor has given one or more gifts described by Subsection (a); or (C)of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 74 _________________ ____________ ____________ ______________________ DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid/offer/application b. initial award c. post-award 3. Report Type: a. initial filing b. material change For Material Change Only: year quarter _ date of last report __ 4. Name and Address of Reporting Entity: Prime Subawardee Tier ,if known : Congressional District,if known :4c 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: Congressional District,if known : 6. Federal Department/Agency:7. Federal Program Name/Description: CFDA Number,if applicable : _ 8. Federal Action Number,if known :9. Award Amount,if known : $ 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI ):different from No. 10a ) (last name, first name, MI ): 11.Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into.This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Print Name: Title: Telephone No.: _Date: Federal Use Only: Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) PRINT 75 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federalrecipient, at the initiationor receipt of a covered Federal action, ora material change to a previous filing, pursuantto title 31 U.S.C. section 1352. The filing of a form is requiredfor each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof Congress, oran employeeof a Member of Congress in connection with a covered Federalaction. Completeall items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1.Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2.Identify the status of the covered Federal action. 3.Identify the appropriateclassificationof this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted reportby this reporting entity for this covered Federal action. 4.Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriateclassification of the reporting entity that designates if it is, orexpects to be, a prime or subaward recipient. Identify the tierof the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5.If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6.Enter the name ofthe Federal agencymaking the award or loan commitment. Include at least one organizationallevel belowagency name, if known. For example, Department of Transportation, United States Coast Guard. 7.Enter the Federal program name ordescription for the covered Federal action (item 1). If known, enterthe full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8.Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9.For a covered Federal action where there has been an award or loan commitmentby the Federalagency, enter the Federalamount of the award/loan commitment for the prime entity identified in item 4 or 5. 10.(a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11.The certifying official shall sign and date the form, print his/her name, title, and telephone number. Accordingto the Paperwork Reduction Act, as amended,no persons are required to respondto a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, includingsuggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046),Washington, DC 20503. 76 1 SCHEDULEA– UNITPRICESCHEDULE DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE *APPLICABLE TO DEBRISREMOVAL SERVICES ONLY* Please note that if pricing varies dependent upon the scope of work, a separate Schedule A shall be submitted for each scope of work and shall be clearly marked as to which scope of work is applicable to the proposed price structure. Mobilization ROW Vegetative Debris Removal 0-5 miles to TDSRS Gather/Collect,haul to TDSRS,process,chip/mulch,and dispose /cy Gather/Collect,haul to TDSRS, process, open burn, and dispose /cy Gather/Collect, haul to TDSRS, process, air curtain incineration, and dispose /cy 5.1 – 15 miles to TDSRS Gather/Collect,haul to TDSRS,process,chip/mulch,and dispose /cy Gather/Collect,haul to TDSRS, process, open burn, and dispose /cy Gather/Collect, haul to TDSRS, process, air curtain incineration, and dispose /cy 15.1 miles or more to TDSRS Gather/Collect,haul to TDSRS,process,chip/mulch,and dispose /cy Gather/Collect,haul to TDSRS, process, open burn, and dispose /cy Gather/Collect, haul to TDSRS, process, air curtain incineration, and dispose /cy 77 2 ROW C&D Debris Removal 0-15 miles to landfill Gather/Collect,process,and haul to landfill /cy 15.1 miles or more to landfill Gather/Collect,process,and haul to landfill /cy Demolition, Removal, and Transport of Structures 0-15 miles to designated disposal facility /cy 15.1 miles or more to designated disposal facility /cy Removal of Hazardous Leaning Trees and Hanging Limbs 6 inches to 12 inches diameter /each 13 inches to 24 inches diameter /each 25 inches to 36 inches diameter /each 37 inches to 48 inches diameter /each 49 inches and larger diameter /each Removal of Hanging Limbs /tree Removal of Hazardous Stumps 24 inches to 36 inches diameter /each 37 inches to 48 inches diameter /each 49 inches and larger diameter /each 78 3 Removal of Household Hazardous Waste 0-15 miles to designated disposal facility /pound 15.1 miles or more to designated disposal facility /pound Removal of Abandoned Vehicles 0-15 miles to designated staging area /each 15.1 miles or more to designated staging area /each Removal and Disposal of Animal Carcasses 0-15 miles to designated staging area /pound 15.1 miles or more to designated staging area /pound Removaland Disposal ofWhiteGoods With Freon 0-15 miles to designated disposal facility /each 15.1 miles or more to designated disposal facility /each Without Freon 0-15 miles to designated disposal facility /each 15.1 miles or more to designated disposal facility /each Removal and Disposal of Electronic Goods 0-15 miles to designated disposal facility /each 15.1 miles or more to designated disposal facility /each Do the above costs include landfill tipping fees?yes no 79 4 If no, how will tipping fees be determined and paid? Specify if tipping fees will be a pass-through cost at actual cost or if a “mark up” charge will be applied and, if so, specify the “mark up” charge. Company Name Authorized Representative Signature Printed Name of Authorized Representative Title 80 SCHEDULEB–EQUIPMENTAVAILABILITY DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE *APPLICABLE TO DEBRISREMOVAL SERVICES ONLY* Please list quantities and types of equipment/machinery that the proposer itself or through its subcontractors will likely have available to furnish debris removal services to the City. In denoting this equipment/machinery, indicate whether it is owned by the proposer or subcontractor(s). Should the proposer have a pre-existing listing of such equipment/machinery, it may be labeled as “Schedule B – Equipment Availability” and submitted in lieu of completing this form. Quantity Equipment/Machinery Type 81 SCHEDULEC–SAFETYRECORD DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE *APPLICABLE TO DEBRISREMOVAL SERVICES ONLY* Please list, if any, all warning notifications, violations, and/or citations that the proposer has received from pertinent Federal and/or State agencies in the past three (3) years. 82 SCHEDULED– UNITPRICESCHEDULE DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE *APPLICABLE TO EMERGENCY RESPONSE PRODUCTS, EQUIPMENT,AND SERVICESONLY* A. Products, Equipment, and Services Include products, equipment, and/or services that may be utilized in the event of a declared emergency. Should the City request any of these items, delivery to the City must be no later than forty – eight (48) hours after submission of an order by the City. 1 83 Bidder Name:AuthorizedSignature:Date: Products,Equipment,and Services Description Unit Rate Per Day Unit Rate Per Week Delivery Rate Pick Up Rate 25 kw generator multiple voltage/phase, including all necessary cabling /each /week 35 kw generator multiple voltage/phase, including all necessary cabling /each /week 45 kw generator multiple voltage/phase, including all necessary cabling /each /week 60 kw generator multiple voltage/phase, including all necessary cabling /each /week 70 kw generator 277/480 V, 1 phase, including all necessary cabling /each /week 75 kw generator 120/240 V, 1 phase, including all necessary cabling /each /week 100 kw generatormultiple voltage/phase, including all necessary cabling /each /week 125 kw generatormultiple voltage/phase, including all necessary cabling /each /week 150 kw generatormultiple voltage/phase, including all necessary cabling /each /week 200 kw generator 480 V, 3 phase, including all necessary cabling /each /week 250 kw generatormultiple voltage/phase, including all necessary cabling /each /week 300 kw generator 480 V, 3 phase, including all necessary cabling /each /week 400 kw generatormultiple voltage/phase, including all necessary cabling /each /week 500 kw generator 277/480 V, 3 phase, including all necessary cabling /each /week 75 kw generator 120/240 v., 3 phase, including all necessary cabling /each /week 100 kw generator 220 v., 3 phase, including all necessary cabling /each /week 100 kw generator 120/208 v., 3 phase, including all necessary cabling /each /week 84 Bidder Name:AuthorizedSignature:Date: Description Unit Rate Per Day Unit Rate Per Week Delivery Rate Pick Up Rate 125 kw generator 240 v., 3 phase, including all necessary cabling /each /week 125 kw generator 120/208 v., 3 phase, including all necessary cabling /each /week 125 kw generator 277/480 v., 3 phase, including all necessary cabling /each /week 150 kw generator 277/480 v., 3 phase, including all necessary cabling /each /week 200 kw generator 480 v., 3 phase, including all necessary cabling /each /week 250 kw generatormulti voltage, 3 phase, including all necessary cabling /each /week 300 kw generator 480v., 3 phase, including all necessary cabling /each /week 300 kw generator 277/480 v., 3 phase, including all necessary cabling /each /week 400 kw generator 480 v., 3 phase, including all necessary cabling /each /week 500 kw generator 277/480v., 3 phase, including all necessary cabling /each /week 500 kw generator 480 v., 3 phase, including all necessary cabling /each /week 750 kw generator 277/480 v., 3 phase, including all necessary cabling /each /week Personnel and equipment to hook up generatorto designatedsite /hour /total Describe: 4,000 watt light tower /each /week 4"x 4"diesel pump /each /week 6"x 6"diesel pump /each /week 4" suction/discharge hose, 50' section /each /week 6" suction/discharge hose, 50' section /each /week 4 inch submersible hydraulic pump /each /week 6 inch submersible hydraulic pump /each /week 300 GPM pump /each /week 500 GPM pump /each /week 85 Bidder Name:AuthorizedSignature:Date: Description Unit Rate Per Day Unit Rate Per Week Delivery Rate Pick Up Rate 1,000 GPM pump /each /week Comfort Station ‐10 stall unit /each /week Shower units ‐6 stall with sinks /each /week Shower units ‐12 stall with 6 sinks /each /week Ice:8 lb. bag /each /week Walk‐in cooler /each /week Walk ‐ in freezer /each /week Dump Truck,8 yard with operator /each /week Dump Truck,12 yard with operator /each /week Jet Road Vacuum Truck /each /week Fuel Trucks with Operators /each /week 500 Gallon Fuel Tank /each /week 1,000 Gallon Fuel Tank /each /week 2,000 Gallon Fuel Tank /each /week 185 CFM Air Compressor /each /week 6,000 lb.Extended Reach Forklift /each /week Diesel fuel,gallons /gallon NA Unleaded fuel,gallons /gallon NA Self‐contained walk‐in freezer,trailer mounted /each /week Washateria trailer (washers and dryers on a trailer)/each /week Aluminum boat, flat bottom, 14 ft., with motor /each /week 86 Bidder Name:AuthorizedSignature:Date: Description Hourly Equipment Rate Hourly Labor Rate Delivery Rate Pick Up Rate Bobcat loader with operator Bucket truck with operator Chipper/mulcher(12" throat) with operator Dozer, tracked, D5 or similar with operator Grader with 12" blade with operator Hydraulic excavator, 1.5 CY with operator Hydraulic excavator, 2.5 CY with operator Knuckleboom loaderwith operator Pickup truck, .5 ton with operator Traffic control, temporary single lane closure with operator Traffic control, temporary road closure with operator Truck, flatbed, with operator Tub grinder, 800 to 1,000 hp, with operator Wastecollection rear loadertruck with operator Water truck with operator Wheel loader, 2.5 CY, 950 or similar, with operator Wheel loader, 3.5 ‐ 4.0 CY, 966 or similar, with operator Wheel loader, 4.5 CY, 980 or similar, with operator Wheel loader, backhoe,1.0 ‐1.5 CY, with operator Laborer with chain saw Laborer NA Other ‐‐ Please itemize below: 87 SCHEDULEE–SAFETYRECORD DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE *APPLICABLE TO EMERGENCY RESPONSE PRODUCTS, EQUIPMENT, AND SERVICES ONLY* Please list, if any, all warning notifications, violations, and/or citations that the proposer has received from pertinent Federal and/or State agencies in the past three (3) years. 88 SCHEDULEF– EXCEPTIONSTOPROPOSAL DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS, EQUIPMENT,ANDSERVICES CITY OF HUMBLE Please list any exceptions to the Request for Proposals or the proposed contract (Appendix C). 89 1 APPENDIX A FHWA-1273 – Revised October 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTIONCONTRACTS I.General II.Nondiscrimination III.Non-segregated Facilities IV.Davis-Bacon and Related Act Provisions V.ContractWork Hours and Safety Standards Act Provisions VI.Subletting or Assigning the Contract VII.Safety: Accident Prevention VIII.False Statements Concerning Highway Projects IX.Implementation of Clean Air Act and Federal Water Pollution Control Act X.CertificationRegardingDebarment, Suspension, Ineligibility and Voluntary Exclusion XI.Certification Regarding Use of Contract Funds for Lobbying XII.Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I.GENERAL 1.Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2.Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3.A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4.Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II.NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 90 2 1.Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a.The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b.The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: 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, pre-apprenticeship, and/or on-the-job training." 2.EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3.Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a.Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b.All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c.All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d.Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e.The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4.Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a.The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b.In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c.The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5.Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a.The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b.The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c.The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d.The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 91 3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6.Training and Promotion: a.The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b.Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c.The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d.The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7.Unions:If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a.The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b.The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c.The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d.In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8.Reasonable Accommodation for Applicants / Employees with Disabilities:The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9.Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a.The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b.The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10.Assurances Required: a.The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged BusinessEnterprise (DBE) program are incorporated by reference. b.The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1)Withholdingmonthlyprogress payments; (2)Assessing sanctions; (3)Liquidateddamages; and/or (4)Disqualifying the contractor from future bidding as non- responsible. c.The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11.Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a.The records kept by the contractor shall document the following: 92 4 (1)The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2)The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3)The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b.The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III.NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV.DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1.Minimum wages (29 CFR 5.5) a.Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.Frequently recurring classifications.(1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i)The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 93 5 (ii)The classification is used in the area by the construction industry; and (iii)The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c.Conformance.(1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i)The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii)The classification is used in the area by the construction industry; and (iii)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2)The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3)If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (4)In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov,refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (5)The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d.Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e.Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. f.Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2.Withholding (29 CFR 5.5) a.Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. b.Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 94 6 2.a.of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1)A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2)A contracting agency for its reprocurement costs; (3)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4)A contractor's assignee(s); (5)A contractor's successor(s); or (6)A claim asserted under the Prompt Payment Act,31 U.S.C. 3901–3907. 3.Records and certified payrolls (29 CFR 5.5) a.Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2)Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B)of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3)Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B)of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (4)Additional records relating to apprenticeship.Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b.Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2)Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3)Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i)That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii)That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4)Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section. 95 7 (5)Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6)Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7)Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c.Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d.Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2)Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3)Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4.Apprentices and equal employment opportunity (29 CFR 5.5) a.Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2)Fringe benefits.Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3)Apprenticeship ratio.The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4)Reciprocity of ratios and wage rates.Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b.Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with 96 8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c.Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 5.Compliance with Copeland Act requirements.The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6.Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. 7.Contract termination: debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8.Compliance with Davis-Bacon and Related Act requirements.All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9.Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10.Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b)or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b)or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11.Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a.Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b.Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c.Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d.Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards. 1.Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2.Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or 97 9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3.Withholding for unpaidwages and liquidated damages a.Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, 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 that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b.Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1)A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2)A contracting agency for its reprocurement costs; (3)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4)A contractor's assignee(s); (5)A contractor's successor(s); or (6)A claim asserted under the Prompt Payment Act,31 U.S.C. 3901–3907. 4.Subcontracts.The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5.Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a.Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b.Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c.Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d.Informing any other person about their rights under CWHSSA or this part. VI.SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1.The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a.The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1)the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2)the prime contractor remains responsible for the quality of the work of the leased employees; 98 10 (3)the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4)the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b."Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2.Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3.Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4.No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5.The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). VII.SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1.In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2.It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3.Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII.FALSESTATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." 99 11 IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X.CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1.Instructions for Certification – First Tier Participants: a.By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b.The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d.The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e.The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f.The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i.Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j.Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * 100 12 2.CertificationRegarding Debarment,Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a.The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2)Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4)Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5)Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6)Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b.Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. * * * * * 3.Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a.By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d.The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e.The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i.Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 101 13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * 4.CertificationRegarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: a.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1)is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2)is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3)is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b.Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1.The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a.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 any Federal 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. b.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 Federal 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. 2.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. 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. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII.USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1.To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2.To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 102 14 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2.The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4.If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5.The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6.The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 103 APPENDIX B DEBRIS REMOVAL SERVICES EMERGENCY RESPONSEPRODUCTS,EQUIPMENT,AND SERVICES AGREEMENT BETWEEN THECITYOFHUMBLE AND 104 2 TABLE OF CONTENTS ARTICLE 1 – EFFECTIVE DATE/TERM.......................................................................................3 ARTICLE 2 – SERVICES TO BE PERFORMED BY CONTRACTOR................................................3 ARTICLE 3 – COMPENSATION.................................................................................................4 ARTICLE 4 – INSURANCE.........................................................................................................4 ARTICLE 5 – SURVIVAL............................................................................................................4 ARTICLE 6 – INDEMNIFICATION..............................................................................................4 ARTICLE 7 – INDEPENDENT COMPANY ..................................................................................5 ARTICLE 8 – SUBCONTRACTING .............................................................................................5 ARTICLE 9 – FEDERAL AND STATE TAXES................................................................................5 ARTICLE 10 – GOVERNMENT’S RESPONSIBILITIES..................................................................5 ARTICLE 11 - TERMINATION OF AGREEMENT........................................................................5 ARTICLE 12 – UNCONTROLLABLE FORCES (FORCE MAJURE).................................................5 ARTICLE 13 – GOVERNING LAW AND VENUE.........................................................................6 ARTICLE 14 – NON-DISCRIMINATION.....................................................................................6 ARTICLE 15 – WAIVER.............................................................................................................6 ARTICLE 16 – SEVERABILITY....................................................................................................6 ARTICLE 17 – ENTIRETY OF AGREEMENT ...............................................................................6 ARTICLE 18 – MODIFICATION.................................................................................................6 ARTICLE 19 – SUCCESSORS AND ASSIGNS..............................................................................6 ARTICLE 20 – NOTICE..............................................................................................................7 ARTICLE 21 – ESCALATION CLAUSE........................................................................................7 ARTICLE 22 – TASK ORDER/PERFORMANCE...........................................................................7 REQUEST FOR PROPOSALS, DEBRIS REMOVAL SERVICES – EXHIBIT A...................................9 CONTRACTORPROPOSAL – EXHIBIT B...................................................................................11 105 3 This AGREEMENT is between the City of Humble a municipal corporation, (hereinafter referred to as GOVERNMENT) and (hereinafter referred to as CONTRACTOR). The GOVERNMENT requires certain services to assist in disaster response and recovery, and CONTRACTOR is prepared to provide such services as are agreed to in this document. The parties agree as follows: WHEREAS, the GOVERNMENT lies on the coast of the State of Texas and as such may experience massive destruction wrought by the impact of hurricane landfall, violent storms, spawning tornados as well as other natural and/or manmade disasters (“Events”); and WHEREAS, it is foreseen that it may be necessary to provide for debris management and/or disaster recovery technical assistance, and emergency response products, equipment, and services to appointed and elected officials of the GOVERNMENT resulting from these Events; and WHEREAS, the GOVERNMENT AGREEMENT describes in detail the nature and extent of the disaster debris removal and disposal services, and emergency response products, equipment, and services that may be necessary; WHEREAS, the GOVERNMENT AGREEMENT was competitively solicited and provides pricing for services in accordance with the specific unit prices; WHEREAS, the GOVERNMENT wishes to engage the CONTRACTOR to provide the services in accordance with the GOVERNMENT AGREEMENT unit prices; WHEREAS, the CONTRACTOR has agreed to perform the services for the GOVERNMENT in accordance with the terms, pricing, and conditions of this AGREEMENT, Exhibits hereto, the GOVERNMENT’S Request for Proposals for Debris Removal Services and Emergency Response Products, Equipment, and Services, and the Contractor’s submission in response to said Request for Proposals, including the specific GOVERNMENT unit prices set for therein for the services; and WHEREAS, this AGREEMENT shall be valid through June 30, 2026 from the date hereof and this AGREEMENT may be extended for an additional three (3) year period (July 1, 2026 – June 30, 2029) with mutual concurrence of both parties. NOW THEREFORE, receipt and sufficiency of which is hereby acknowledged, along with the promises of mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the parties hereto understand and agree as follows: ARTICLE 1 – EFFECTIVE DATE/TERM The effective date of thisAGREEMENT shall be July 1, 2024. 106 4 The term of the AGREEMENT shall not exceed four (4) years which includes the initial two (2) year term and the optional two (2) year extension. ARTICLE 2 – SERVICES TO BE PERFORMED BY CONTRACTOR CONTRACTOR shall perform the services as stated in the Request for Proposals attached to this document, as Exhibit A and the Request for Proposals response attached to this document, as Exhibit B, which is incorporated by reference as part of this AGREEMENT, as may be specifically authorized by the GOVERNMENT. Such authorization will be referred to as Task Orders. Each Task Order will set forth a specific scope of services, rate/amount of compensation, estimated completion date, and other pertinent details of the task being authorized. ARTICLE 3 – COMPENSATION GOVERNMENT shall pay CONTRACTOR in accordance with Exhibit B except that such charges shall not exceed the amount determined to be reimbursable as established by the Federal Emergency Management Agency (FEMA) based upon the AGREEMENT. As such, FEMA rates for this GOVERNMENT shall prevail over those identified in Exhibit B. Once an emergency has been declared and if FEMA has established the rates for work to be performed, CONTRACTOR and GOVERNMENT will review those FEMA rates and agree to those rates prior to the commencement of any work being performed. If needed, additional compensation may be negotiated as a lump sum or not-to-exceed amount for any Task Order containing a task covered by the scope of work of this AGREEMENT, but to which the Fee Schedule cannot readily be applied. CONTRACTOR may submit weekly or semi-monthly invoices for services rendered. Invoices must reference the Task Order number. CONTRACTOR shall be paid within 30 days of submitting a complete invoice upon verification and approval by FEMA staff. If there are any items in dispute, CONTRACTOR will be paid for those items not in dispute, and disputed items will be resolved as expeditiously as possible, and paid within 10 days of resolution. A fee for late payment will be billed at 1% per month for any amount not paid within 30 days. Payment of CONTRACTOR by GOVERNMENT is not contingent upon the GOVERNMENT being reimbursed by the Federal or State agency, except as provided in Article 8. Payment to CONTRACTOR will be made for any work directed by the GOVERNMENT. All invoices shall be delivered to appropriate the GOVERNMENT representative at: CityofHumble 114 W. Higgins Street Humble, Texas, 77338 107 5 ARTICLE 4 – INSURANCE CONTRACTOR shall maintain the insurance limits specified in the Request for Proposals, Exhibit A. CONTRACTOR shall provide GOVERNMENT a Certificate of Insurance evidencing such coverage. On each policy of insurance required under this AGREEMENT, the City of Humble shall be a named additional insured. ARTICLE 5 – SURVIVAL Upon completion of all services, obligations and duties provided for in this AGREEMENT, or in the event of termination of this AGREEMENT for any reason, the terms and conditions of this AGREEMENT shall survive. ARTICLE 6 – INDEMNIFICATION The CONTRACTOR shall save harmless the GOVERNMENT from all claims and liability due to activities of himself, his agents, or employees, performed under this contract and which to the extent result from an negligent act, error or omission of the CONTRACTOR or of any person employed by the CONTRACTOR. The CONTRACTOR shall also save harmless the GOVERNMENT from all expenses, including attorney fees which might be incurred by the GOVERNMENT in litigation or otherwise resisting said claims or liabilities which might be imposed on the GOVERNMENT as result of such activities by the CONTRACTOR, his agents, or employees. ARTICLE 7 – INDEPENDENT COMPANY CONTRACTOR undertakes performance of the services as an independent company and shall be wholly responsible for the methods of performance. GOVERNMENT shall have no rights to supervise the methods used, but GOVERNMENT shall have the right to observe such performance. CONTRACTOR shall work closely with GOVERNMENT inperforming services under this AGREEMENT. Notwithstanding the preceding, CONTRACTOR shall provide all materials, supplies, equipment, maintenance, fuel, personnel, and other necessities directly related to completion of the project. CONTRACTOR shall review with the GOVERNMENT periodically the sufficiency of equipment, personnel, etc. and CONTRACTOR shall adjust the necessity of same as mutually agreed upon. ARTICLE 8 – SUB-CONTRACTING It is understood that CONTRACTOR may use its own forces and those of sub-contractors and consultants as required to perform the work. When subcontracting, CONTRACTOR will attempt to locate qualified local companies and individuals, in accordance with the Robert T. Stafford Act and local ordinances. All sub-contractors shall meet and comply with all applicable FEMA 108 6 regulations and guidelines so as to ensure that all work is eligible for FEMA reimbursement and CONTRACTOR shall be responsible for ensuring such compliance. Should CONTRACTOR allow sub-contractors to work which are not in conformance with FEMA regulations and guidelines, GOVERNMENT shall not be responsible for any costs associated with such work. Prior to entering into any agreement with such subcontractors or consultants, and prior to performing any work by such subcontractor or consultant, CONTRACTOR shall require such subcontractor or consultant to maintain adequate insurance for all work to be performed by such subcontractor or consultant. ARTICLE 9 – FEDERAL AND STATE TAXES The GOVERNMENT is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the GOVERNMENT will provide an exemption certificate to CONTRACTOR. ARTCLE 10 – GOVERNMENT’S RESPONSIBILITIES GOVERNMENT shall be responsible for providing access to all project sites, and providing information required by CONTRACTOR that is available in the files of the GOVERNMENT. ARTICLE 11 – TERMINATION OF AGREEMENT Termination of this AGREEMENT shall be in accordance with the stipulations provided in the Request for Proposals, Exhibit A. ARTICLE 12 – UNCONTROLLABLE FORCES (FORCE MAJURE) Neither the GOVERNMENT nor CONTRACTOR shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The terms “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this AGREEMENT and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, economic dislocations, and governmental actions. The nonperforming party shall, within a reasonable time of being prevented or delayed by performance by an uncontrollable force, given written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this AGREEMENT. ARTICLE 13 – GOVERNING LAW AND VENUE This AGREEMENT shall be governed by the laws of the State of Texas and is performable in Harris County, Texas. 109 7 ARTICLE 14 – NON-DISCRIMINATION CONTRACTOR shall comply with all State and Federal laws prohibiting discrimination in hiring employment opportunities and CONTRACTOR shall not discriminate against any employee, applicant for employment, or any other person because of race, color, religious creed, ancestry, national origin, age, sex, or handicap. ARTICLE 15 – WAIVER A waiver by either GOVERNMENT or CONTRACTOR of any breach of this AGREEMENT shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 16 – SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this AGREEMENT, or the occurrence of any event rendering any portion or provision of this AGREEMENT void, shall in no way affect the validity or enforceability of any other portion or provision of the AGREEMENT. Any void provision shall be deemed severed from the AGREEMENT and the balance of the AGREEMENT shall be construed and enforced as if the AGREEMENT did not contain the particular portion or provision held to be void. The parties further agree to reform the AGREEMENT to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire AGREEMENT from being void should a provision which is of the essence of the AGREEMENT be determined to be void. ARTICLE 17 - ENTIRETY OF AGREEMENT The GOVERNMENT and CONTRACTOR agree that this AGREEMENT with Exhibits A and B, sets forth the entire AGREEMENT between the parties, and there are no promises or understandings other than those stated herein. This AGREEMENT supersedes all prior contracts, contracts, representations, negotiations, letters or other communications between the GOVERNMENT and CONTRACTOR pertaining to the services, whether written or oral. None of the provisions, terms and conditions contained in this AGREEMENT may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. ARTICLE 18 – MODIFICATION The AGREEMENT may be modified in writing by Amendment executed by both GOVERNMENT and CONTRACTOR. 110 8 ARTICLE 19 – SUCCESSORS AND ASSIGNS GOVERNMENT to the extent permitted by law and CONTRACTOR each binds itself and its partners, successors, assigns and legal representatives to the other party to this AGREEMENT and to the partners, successors, executors, administrators, assigns, and legal representatives. CONTRACTOR shall not assign this AGREEMENT without the express written approval of the GOVERNMENT via executed amendment. ARTICLE 20 – NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To GOVERNMENT Jason Stuebe, City Manager CityofHumble 114 W. Higgins St. Humble, TX 77338 As To CONTRACTOR Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party with written notice to the other party. Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONTRACTOR and GOVERNMENT. ARTICLE 21 – ESCALATION CLAUSE Any modifications to the pricing included in the AGREEMENT shall be made in accordance with the stipulations provided in the Request for Proposals, Exhibit A. 111 9 ARTICLE 22 – TASK ORDER/PERFORMANCE Task Orders shall be executed bilaterally and the scope of services and format of Task Order shall be mutually agreed to the CONTRACTOR and GOVERNMENT. In Witness Whereof, the City of Humble and have executed this AGREEMENT all as of the day and year first above written. CITY OF HUMBLE Signature: Title: Date: ATTEST: Title:City Secretary Approved: City Manager CONTRACTOR Signature: Title: Date: ATTEST: Title: 112 EXHIBIT A REQUEST FOR PROPOSALS DEBRISREMOVALSERVICES EMERGENCY RESPONSEPRODUCTS,EQUIPMENT,ANDSERVICES CITY OF HUMBLE 113 11 EXHIBIT B CONTRACTOR’S RESPONSETO RFP 114 CITY OF HUMBLE REQUEST FOR PROPOSALS – RFP 2024-02 DEBRIS REMOVAL SERVICES EMERGENCY RESPONSE PRODUCTS, EQUIPMENT AND SERVICES THE CITY OF HUMBLE IS REQUESTING PROPOSALS FROM QUALIFIED CONTRACTORS TO PROVIDE DEBRIS REMOVAL SERVICES AND EMERGENCY RESPONSE PRODUCTS, EQUIPMENT, AND SERVICES THAT MAY BE REQUIRED IN THE EVENT OF A DECLARED EMERGENCY/DISASTER. THIS CONTRACT WOULD BE UTILIZED WHEN CITY OF HUMBLE RESOURCES ARE NOT ABLE TO PROVIDE FOR AN EMERGENCY/DISASTER RESPONSE IN AN IMMEDIATE MANNER. THE CONTRACTOR WOULD PROVIDE DEBRIS REMOVAL SERVICES AND PRODUCTS, EQUIPMENT, AND/OR SERVICES AS REQUIRED ON AN “AS NEEDED” BASIS. FURTHER PROPOSAL INSTRUCTIONS WILL BE INCLUDED IN THE COMPLETE RFP PACKET. THE RFP PACKET WILL BE AVAILABLE BEGINNING MAY 8, 2024 BY CONTACTING JAMES NYKAZA, EMERGENCY MANAGEMENT COORDINATOR, CITY OF HUMBLE, 110 W. MAIN STREET, HUMBLE, TEXAS 77338, BY CALLING (281)446- 4928, OR VIA EMAIL AT JNYKAZA@CITYOFHUMBLE.NET. SEALED PROPOSALS, IN TRIPLICATE, SHOULD BE ADDRESSED TO CITY OF HUMBLE, ATTN: FINANCE DEPARTMENT, 114 WEST HIGGINS, HUMBLE, TEXAS 77338 AND SHALL BE LABELED: “SEALED RFP #2024- 02 CITY OF HUMBLE DEBRIS REMOVAL SERVICES AND EMERGENCY RESPONSE PRODUCTS, EQUIPMENT AND SERVICES” AND SHOULD BE RECEIVED NO LATER THAN 2:00 P.M. ON JUNE 1, 2024. PROPOSALS WILL BE OPENED PUBLICLY AND READ ALOUD AT THAT TIME IN THE CITY COUNCIL CHAMBERS. IT IS THE SOLE RESPONSIBILITY OF THE BIDDER TO ENSURE THAT HIS/HER BID IS ACTUALLY IN THE CITY OF HUMBLE FINANCE DEPARTMENT PRIOR TO THE EXPIRATION OF THE TIME AND DATE ABOVE FIRST WRITTEN. IT SHALL BE EACH RESPONDENT’SSOLE RESPONSIBILITY TO INFORM HIM/HERSELF REGARDING ALL LOCAL CONDITIONS UNDER WHICH THE WORK IS TO BE DONE. IT SHALL BE UNDERSTOOD AND AGREED THAT ALL SUCH FACTORS HAVE BEEN THOROUGHLY INVESTIGATED AND CONSIDERED IN THE PREPARATION OF THE PROPOSAL SUBMITTED. THE CONTRACTOR AND ALL SUBCONTRACTORS FOR THIS PROJECT WILL BE REQUIRED TO PAY NOT LESS THAN THE PREVAILING WAGE RATES FOR THE AREA OF THE PROJECT AND TO BE IN COMPLIANCE WITH EXECUTIVE ORDER 11246, AS AMENDED, ENTITLED “EQUAL EMPLOYMENT OPPORTUNITY” AND AS SUPPLEMENTED IN THE DEPARTMENT OF LABOR REGULATION (41 CFR PART 60). UPON CONSIDERATION OF THE PROPOSALS THE CITY COUNCIL PLANS TO AWARD A CONTRACT; HOWEVER, THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE ANY AND ALL FORMALITIES AND TECHNICALITIES, AND TO ACCEPT ANY PROPOSAL WHICH IT DEEMS ADVANTAGEOUS TO THE CITY. EACH RESPONDENT AGREES TO WAIVE ANY CLAIM IT HAS OR MAY HAVE AGAINST THE CITY AND THEIR RESPECTIVE AGENTS AND/OR EMPLOYEES ARISING OUT OF OR IN CONNECTION TO WITH THE ADMINISTRATION, EVALUATION OR RECOMMENDATION OF ANY PROPOSAL. 115