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R2005-0027 02-14-05 RESOLUTION NO. R2005-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE APPLICATION FOR GRANT FUNDS PROVIDED THROUGH THE 2005 PRE-DISASTER MITIGATION GRANT PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby authorizes the City Manager or his designee to make application for grant funds provided through the 2005 Pre-Disaster Mitigation Grant Program. PASSED, APPROVED and ADOPTED this the 7th day of February , A.D., 2005. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Print Application Page 1 of 40 Subgrant Project Application Application Title: Maws Creek Drainage Improvement - City of Pearland Subgrant Applicant: City of Pearland Application Number: Application Year: 2005 Grant Type: Project Application Address: 3519 Liberty Drive, Pearland, TX 77581-0000 Name of Applicant State Congressional District Type of Applicant Legal status, function, and facilities owned: State Tax Number: Federal Tax Number: Other type name: Federal Employer Identification Number(EIN). If Indian Tribe, this is Tribal Identification Number. What is your DUNS Number? Are you the application preparer? Is the application preparer the Point of Contact? Is application subject to review by Executive Order 12372 Process? Is the applicant delinquent on any Federal debt? Explanation: Applicant Information City of Pearland, TX TX 9th State Government The City is a Home Rule City with a Council/Manager form of government 74-6028909 74-6028909 O20796397 - Yes No No. Program has not been selected by state for review No https ://portal. fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 2 of 40 Title First Name Middle Initial Last Name Title Agency/Organization Address 1 Address 2 City State ZIP Phone Fax Email Contact Information Point of Contact Information Mr. Eisen City Manager City of Pearland 3519 Liberty Drive Pearland TX 77581 281-652-1661 Ext. 281-652-1705 beisen @cl. pearland.tx, us Title First Name Middle Initial Last Name Title Agency/Organization Address 1 Address 2 City State ZIP Phone Fax Email Alternate Point of Contact Information Mrs. Cindy Alacala Grants Administrator City of Pearland 3519 Liberty Drive Pealand TX 77581 281-652-1751 Ext. calcala@ci, pearland.tx, us http s ://port al. fema. gov/FEMAMitigation/Print, do 2/3/2005 Print Application Page 3 of 40 Community Information Please provide the name of each community that will benefit from this mitigation activity. State US State County Community CID CRS CRS Legislative Congressional Code Name Number Community Rating District District PEARLAND CITY 480077 N 480077 1 TX 480077_QBM0Z01WD OF Enter Community Profile information below. Help The City of Pearland is located in southeast Texas, about 14 miles southeast of downtown Houston. Ground surface elevations across the City vary from 31 feet to 65 feet above mean sea level. However, only minimally perceptible gradient changes are found along major drainage ways. Soils are mostly in the Lake Charles clay and Bernard clay loam complexes. Typical of the region, the dark gray soils are poorly drained, limiting private septic systems and increasing storm water runoff. The climate of the region is humid subtropical, with hot summers and mild winters. The area is typically sunny and 'mild with an average annual temperature of 68.9 degrees. The climate during the summer is moderated by prevailing cool southeasterly winds from the Gulf of Mexico. Summers are long with high daytime and moderate nighttime temperatures. Normally, the winters are short and mild. The average minimum January temperature is in the Iow 40's. During December, January, and February, the winds are generally northerly, but during the balance of the year southerly winds predominate. Generally, the heaviest precipitation occurs during thunderstorms in the spring, summer, and fall, and often is associated with tropical systems and hurricanes moving through the region. Rainfall averages about 48 inches per year and, although generally evenly distributed, the heaviest occurs in late spring or early fall. Pearland is the fastest growing city in Brazoria County, positioned on a growth curve that extends well into the 21st century. The estimated population for the year 2000 was 37,640, a 101% increase since 1990 (U.S. Census Bureau). This growth was substantially higher than that of Brazoria County as a whole, which experienced a 26% increase. According to the 2000 Census, Pearland had the 6th highest percent increase from 1990 among Texas cities with populations of at least 35,000. Pearland, which is home to nearly one-sixth of Brazoria's 241,767 residents, is now the most populated city in Brazoria County with an average density of 932 persons per square mile (statewide average is 79.6 persons per square mile). The Texas Department of Human Services reports 973 births and 268 deaths in 2001. The City's 2001 population is estimated at 40,700. The long-term rapid population increase contributes to development pressure and has the potential for long-lasting impacts on the quality of life. Comments Attachments http s ://p ortal, fema. gov/FEMAMitigation/Print, do 2/3/2005 Print Application Page 4 of 40 Mitigation Plan Information Is the entity that will benefit from the proposed activity covered by a current FEMA-approved multihazard mitigation plan in compliance with the Disaster Mitigation Act of 2000? If Yes, please answer the following: What is the name of the plan? What is the type of plan? When was the current multihazard mitigation plan approved by FEMA? Describe how the proposed activity relates to or is consistent with the FEMA- approved mitigation plan. City of Pearland Local Multihazard Mitigation Plan Yes 09-08-2004 The plan identifies flood hazards as a major hazard in the City. As stated in the plan, the City's top mitigation initiative is to prevent futre flood damage and loss of life. Action Item 6 of the approved plan states, Continue to pursue cost effective flood mitigation projects (elevation, buyout, local drainage and storm water detention projects); apply for federal funding, as appropriate. If No or Not Known, please answer the following: Does the entity have any other mitigation plans adopted? If Yes, please provide the following information. Plan Name Plan Type Date Adopted No Attachment Does the State/Tribe in which the entity is located have a current FEMA-approved mitigation plan in compliance with the Disaster Mitigation Act of 2000? If Yes, please answer the following: What is the name of the plan? Texas Mitigation Plan - Standard 2004 What is the type of plan? Standard State Multi-hazard Mitigation Plan When was the current multihazard mitigation plan 11-02-2004 approved by FEMA? Describe how the proposed activity relates to or is consistent with the State/Tribe's FEMA-approved mitigation plan. If you would like to make any comments, please enter them below. Yes The activity is consistent with State and FEMA priorities to protect flood prone properties from future damage. To attach documents, click the Attachments button below. https://portal, fema. gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 5 of 40 Mitigation Activity Information What type of activity are you proposing? ~ 403.4 Stormwater Management - Detention/Retention Basins If you selected Other or Miscellaneous, above, please specify: Title of your proposed activity: Marys Creek Drainage Improvement - City of Pearland Are you doing construction in this project? Yes If you would like to make any comments, please enter them below. Attachments: https ://portal. fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 6 of 40 Problem Description Please describe the problem to be mitigated. Include the geographic area in your description. The revised Flood Insurance Study (FIS), dated September 22, 1999, covers Brazoria County and its incorporated municipalities, including the City of Pearland. The FIS indicates that riverine flooding results primarily from overflow of the streams and drainage ditches caused by rainfall runoff, ponding, and sheet flow. Storms occurring during the summer months are often associated with tropical storms moving inland from the Gulf of Mexico. Thunderstorms are common throughout the spring, summer, and fall months. The frequent hurricanes and tropical storms interrupt the summer with high winds, heavy rainfalls, and high storm surges. Using GIS to compare the flood map with the locations of buildings yields an estimate that 2,118 residential buildings and 351 non-residential are located "in" the 100-year floodplains of Pearland. Therefore, not counting buildings that are susceptible but that are outside of the mapped floodplain, approximately 17% of all buildings in the City are prone to some degree of flooding. U.S. Census data are used to develop "average" values for residential buildings ($117,000), yielding estimates of the total value of buildings that plot within the mapped floodplain at $1.58B. Between 1978 and December 31, 2002, 1,894 flood insurance claims were paid on 1,009 buildings in Pearland, many of which are not "in" the mapped floodplain (Table 5-2). It appears that the vast majority of these claims were for residential properties. Total claims paid for building and contents payments exceed $41 million. Enter the Latitude and Longitude coordinates for the project area. Latitude: 29.324366 Longitude: 95.18434 Attachments: Hazard Information Select hazards to be mitigated Flood If other hazards, please specify If you would like to make any comments, please enter them below. Attachments: FIRM Information Is the project located within a hazard area: If other identified high hazard area, please specify: Is there a Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM) available for your project area? Enter FIRM Panel Number: Is the project site marked on the map? Select Flood Zone Designation Floodplain Yes 48039C0045J Electronic map attached Area of minimal flood hazards (C, X), Area of moderate flood hazards (B, X), Area of special flood hazard with water surface elevations determined (Al- 30, AE) https ://portal. fema. gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 7 of 40 Scope of Work Describe the need for this activity, the problems it will address, the goals and objectives, and the methodology for implementing this activity. Homes in the project area have experienced repetitive flooding in the past. In fact, one neighborhood in particular within the project area, Corrigan, has had many homes substantially damaged and many others are on FEMA's repetitive loss list. 40 of the homes in Corrigan were acquired and demolished after Tropical Storm Allison in 2001. The goal of this project is to reduce water surface elevations in the project area by removing the Highway 35 bridge where it crosses Marys Creek and replace it with an open span bridge that will not impede flows, to improve the channel to increase conveyance, and to provide detention to prevent downstream impacts. The modeling that was completed by Dannenbaum Engineering Corporation (DEC) indicates that, after these improvements are complete, the following average improvements in water surface elevation are obtained. For the 10-year event, there is an average reduction of .42 feet. For the 50-year event, there is an average reduction of .52 feet. For the 100-year event, there is an average reduction of .53 feet. And for the 500-year event, there is an average reduction of .50 feet. Using FEMAs full data module, these reductions result in nearly $5.4M in avoided damages over the 50 year project life cycle - significantly less than the $1.8M project cost. If you would like to make any comments, please enter them below. Please see the attached letter from Dannenbaum Engineering Corporation (DEC) which describes the modeling methodology and observed benefits in more detail. The analysis was completed by Alejandro C. Flores, P.E., C.F.M. (P.E. number 569939). Al works for DEC and provides consulting support to the City of Pearland. Attachments: Enter Work Schedule Description Of Task Starting Point Unit Of Time Duration Unit Of Time Crossing raising 1 DAYS 360 DAYS Draft 1 DAYS 600 DAYS Estimate the total duration of the proposed activity: 600 DAYS Work Complete By https://portal, fema.gov/FEMAMitigation/Print,do 2/3/2005 Print Application Page 8 of 40 Stormwater Management - Detention/Retention Basins (403.4) Property Owner's Name Address City State SANCHEZ JUVENTINO 5307 Carmona Pearland TX ZIP 77584-1139 Action View Details https ://portal. fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 9 of 40 Stormwater Management - Detention/Retention Basins (403.4) Address of Property to be Mitigated: Address line 1 5307 Carmona Address line 2 City Pearland County State TX ZIP 77584 - 1139 Owner Information: First Name SANCHEZ Middle Name Last Name JUVENTINO Home Phone Owner's Mailing Address: Address line 1 Address line 2 Other (PO Box, Route, etc) City State ZIP Does this property have a co-owner? Cell No Office Ext. Other Ext. Property Information: Age of structure (year built) _SHPQ Review SHPO Reviewed Date Structure Type Foundation type Basement Type of Residence Parcel Number Property Tax Identification Number La[itud~e ~itude 1976 Single Family https://portal.fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 10 of 40 NFIP Policy Number Insurance Policy Provider Select hazard to be mitigated: Damage Category Pre-Event Fair Market Value Benefit Cost Analysis Performed Benefit Cost Ratio Legal Description Flood 0-49% Damaged Property Information I1: * Primary Property Action Secondary Property Actions Flood Hazard Base Flood Elevation feet First Floor Elevation feet Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation feet (only applicable when Property Action is Elevation) Flood Source Property located within Is there a Flood Insurance Rate Map~FIRM) available for your project area? Is the property site marked on the map? * Flood Zone Desiqnation Drainage improvements Yes Yes Area of special flood hazard with water surface elevations determined (A1-30, AE) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date Attachments https://portal, fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 11 of 40 Decision Making Process Describe the process you used to decide that this project is the best solution to the problem. (1) We are focusing on the area in our community that has the greatest potential for losses. Review of FEMA claim records, repetitive loss database, as well as personal experience during flood events, point to this area as a target area. (2) We have considered risks to critical facilities. While the facilities themselves, are built higher and out of the flood plain, the function of the facilities, i.e., fire protection, ambulance, and police service, will greatly benefit because of much lower water levels in flooded streets. (3) We have considered the current structures and interests in our communities when choosing this project by meeting with community groups and hearing citizen comments. (4) We are addressing the source of our problems to the best of our ability. The improvement to the bridge and channel are focued at mitigating a problem identified in a Corps study as causing an increase in water surface elevations in the project area. detention basin is being constructed just above a large, flood-prone area; and the channel improvements are being constructed just below the other large flood- prone area. (5) There have been no impacts to environmental, natural, cultural, or historic resources identified. Explain why this project is the best alternative. There are three alternatives that were considered. No action, bridge and channel improvements/detention (which is the recommended alternative), and acquisition/demolition of flood prone structures. No action was dropped from consideration because it does nothing to reduce and/or eliminate future damage and is therefore unacceptable. Acquisition/demolition was considered cost prohibitive and not cost beneficial relative to the benefits. At an estimated average value of $117,000, acquisition of even a fraction of the homes that will be protected as part of this project would be extremely costly. With sound engineering data in hand, and FFEs on homes in the project area, use of the full data module proved why this option was the best alternative. Using the full data module yields a B/C ratio of 2.97. Comments: Attachments: https ://portal. fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 12 of 40 Stormwater Management - Detention/Retention Basins Item Name Cost Classification Digging Construction And Project Improvement Total Project Cost Estimate: $1,812,627.00 Unit Unit of Quantity Measure Unit Cost ($) 1.00 Lump Sum $1,812,627.00 Total Cost Cost Estimate ($) $1,812,627.00 $1,812,627.00 https ://portal. fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 13 of 40 Activity Cost Estimate Federal Share Percentage Non-Federal Share Percentage Proposed Federal Share Proposed Non-Federal Share Match Sources $1,812,627.00 74.99998621% 25.00001379% Dollars $1,359,470.00 $ 453,157.00 Percentage 74.99998621% 25.00001379% Source Agency LocalAgency Funding Name of Source Agency General Fund Matching Funds Funding Type Cash Grand Total Amount ($) Action $ 453,157.00 View Details $ 453,157.00 If you would like to make any comments, please enter them below. The City historically has funded cost effective drainage projects via two funding sources. 1. General fund operating budget, which in FY05 totals $32M, and 2. Bond issues, the most recent voter approved drainage bonds (from 2001) included $22.5M for drainage improvements. If this grant is award, the City would have funds available in the general fudn for their required local match. Attachments http s ://portal. fema. gov/FEMAMitigation/Print, do 2/3/2005 Print Application Page 14 of 40 Cost Effectiveness Information Attach the Benefit Cost Analysis (BCA), if completed for this project Pearlands Properties that benefit, xls What is the source and type of the problem? The source of the problem is two-fold. First, the bridge that crosses Marys Creek at State Highway 35 was built in such as way as to signficanly empede the flow or wate through the brigde. The structure elements of the bridge are in the creek bed and the box culverts under the bridge are undersized. Removing this bridge and replacing it with an open span bridge will signifcantly increase flows and reduce the rise in water surface elevations downstream from the bridge. The second source of the problem is that the channel itself is undersized causing water to come out of bank during events. The proposed deepening and widening of this existing channel will further reduce water surface elevations downstream. How frequent is the event? The homes in the project areas flood in various size events. Of the 937 homes within the project area that will benefit, 207 of them are currently sitting below the 10~year event level. How severe is the damage? Based upon FEMAs paid claims database, there have seven significant events in the City (plus frequent small events). Two in 1979, one in 1981, one in 1983, one in 1989, one in 1994, and one in 2001. In total, throughout the City, these events resulted in over $41M in paid claims. What kinds of property are at risk? Within the project there are 872 single family, 1 story, slab-on-grade homes. These homes are, on average, 1500 square feet with an estimated average replacement cost value of $97,500. In addition, there is a mobile home park within the project in which there are 67 homes that will benefit. These homes are, on average, 800 square feet with an estimated average replacement cost value of $32,000. Are there better, alternative ways to solve the problem? There are three alternatives that were considered. No action, bridge and channel improvements/detention (which is the recommended alternative), and acquisition/demolition of flood prone structures. No action was dropped from consideration because it does nothing to reduce and/or eliminate future damage and is therefore unacceptable. Acquisition/demolition was considered cost prohibitive and not cost beneficial relative to the benefits. At an estimated average value of $117,000, acquisition of even a fraction of the homes that will be protected as part of this project would be extremely costly. With sound engineering data in hand, and FFEs on homes in the project area, use of the full data module proved why this option was the best alternative. Using the full data module yields a B/C ratio of 2.97. Are the mitigation project costs well documented and reasonable? Yes If you would like to make any comments, please enter them below. There is a mobile home park in the project area. 65 mobile homes in this neighborhood will benefit from this project. For the purpose of the B/C analysis, the Brazoria County lists the entire neighborhood as one property, with a total Square footage for all improvements. We have first floor elevations for each individual property. To run the B/Cs we used the average sqft for mobile homes in this neighborhood of 800 square feet for each home that was analyzed. To determine replacement cost value, we consulted Marshal and Swift relative to the style, age, type of construction, location, and condition of these mobile homes - with this data, we decided to use $40 per square foot for replacement cost. To determine replacement cost value for single family homes within the project area, we consulted Marshal and Swift relative to the style, age, type of construction, location, and condition of these homes - with this data, we decided to use $65 per square foot for replacement cost. Attachments: https://portal, fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 15 of 40 Date Event 07- Flood 1979 07- Flood 1979 06- Flood 1981 09- Flood 1983 08- Flood 1989 10- FlOod 1994 06- Flood 2001 History of Past Damages Description of Damage Within the City, homes and streets were flooded resulting ~n s~gnificant dollar value of losses. The "Amount of Damage" shown here was taken directly from FEMA's paid claims database - total losses (to include non-~nsured losses) were much higher. Within the City, homes and streets were flooded resulting ~n s~gnificant dollar value of losses. The "Amount of Damage" shown here was taken directly from FEMA's paid claims database - total losses (to include non-~nsured losses) were much higher. Within the City, homes and streets were flooded resulting ~n s~gnificant dollar value of losses. The "Amount of Damage" shown here was taken directly from FEMA's paid claims database ~ total losses (to include non-~nsured losses) were much higher. Within the City, homes and streets were flooded resulting ~n s~gnificant dollar value of losses. The "Amount of Damage" shown here was taken directly from FEMA's paid claims database - total losses (to include non-insured losses) were much higher. Within the City, homes and streets were flooded resulting ~n s~gnificant dollar value of losses. The "Amount of Damage" shown here was taken directly from FEMA's paid claims database - total losses (to include non-~nsured losses) were much higher. Within the City, homes and streets were flooded resulting ~n s~gnificant dollar value of losses. The "Amount of Damage" shown here was taken directly from FEMA's paid claims database - total losses (to include nonqnsured losses) were much higher. Within the City, homes and streets were flooded resulting ~n s~gniflcant dollar value of losses. The "Amount of Damage" shown here was taken directly from FEMA's paid claims database - total losses (to include nonqnsured losses) were much higher. Total Amount of Damage Amount of Damage $ 3,680,956.00 $1,224,200.00 $ 589,107.00 $1,006,925.00 $1,914,369.00 $10,194,369.00 $ 22,406,788.00 $41,016,714.00 https://portal.fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 16 of 40 A. National Historic Preservation Act - Historic Buildings and Structures * 1. Does your project affect or is it in close proximity to any buildings or structures 50 years or more in age? No If Yes, you must confirm that you have provided the following: The property address and original date of construction for each property affected (unless this information is already noted in the Properties section), A minimum of two color photographs showing at least three sides of each structure (Please label the photos accordingly), A diagram or USGS 1:24,000 scale quadrangle map displaying the relationship of the property(s) to the project area. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Information gathered about potential historic properties in the project area, including any evidence indicating the age of the building or structure and presence of buildings or structures that are listed or eligible for listing on the National Register of Historic Places or within or near a National Register listed or eligible historic district. Sources for this information may include the State Historic Preservation Officer, and/or the Tribal Historic Preservation Officer (SHPO/THPO), your local planning office, historic preservation organization, or historical society. Consideration of how the project design will minimize adverse effects on known or potential historic buildings or structures, and any alternatives considered or implemented to avoid or minimize effects on historic buildings or structures. Please address and note associated costs in your project budget. For acquisition/demolition projects affecting historic buildings or structures, any data regarding the consideration and feasibility of elevation, relocation, or flood proofing as alternatives to demolition. ~ Attached materials or additional comments. Comments: Attachments: B. National Historic Preservation Act -Archeological Resources * 1. Does your project involve disturbance of ground? Yes If Yes, you must confirm that you have provided the following: ~ A description of the ground disturbance by giving the dimensions (area, volume, depth, etc.) and location The past use of the area to be disturbed, noting the extent of previously disturbed ground. A USGS 1:24,000 scale or other site map showing the location and extent of ground disturbance. https ://portal. fema. gov/FEMAMitigationfPrint, do 2/3/2005 Print Application Page 17 of 40 To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Any information about potential historic properties, including archeological sites, in the project area. Sources of this information may include SHPO/THPO, and/or the Tribe's cultural resources contact if no THPO is designated. Include, if possible, a map showing the relation of any identified historic properties to the project area. Attached materials or additional comments. Comments: All ground to be "disturbed" in this project area is ground that was previously disturbed. Regarding vegetation - in order to complete the project, some minor vegetation disturbance will occur, mostly grasses. Upon completion of the project will replant the area with same. Regarding Documentation of the alternatives considered to eliminate or minimize impacts to floodplains, due to the minimal impact discussed above there were no alternatives evaluated. Please see attached site map for area, amount, and description of disturbance. Attachments: C. Endangered Species Act and Fish and Wildlife Coordination Act * 1. Are Federally listed threatened or endangered species or their critical habitat present in the area affected by the project? If Yes, you must confirm that you have provided the following: No Information you obtained to identify species in or near the project area. Provide the source and date of the information cited. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Any request for information and associated response from the USFWS, the National Marine Fisheries Service (NMFS) (for affected ocean-going fish), or your State Wildlife Agency, regarding potential listed species present and potential of the project to impact those species. Attached materials or additional comments. Comments: * 2. Does your project remove or affect vegetation? Yes If Yes, you must confirm that you have provided the following: ~ Description of the amount (area) and type of vegetation to be removed or affected. ~ A site map showing the project area and the extent of vegetation affected. ~ Photographs or digital images that show both the vegetation affected and the vegetation in context of its surroundings. To help FEMA evaluate the impact of the project, please indicate below any other information you are https ://portal. fema. gov/FEMAMitigation/Print, do 2/3/2005 Print Application Page 18 of 40 providing: Attached materials or additional comments. Comments: All ground to be "disturbed" in this project area is gound that was previously disturbed. Regarding vegetation - in order to complete the project, some minor vegetation disturbance will occur, mostly grasses. Upon completion of the project will replant the area with same. Regarding Documentation of the alternatives considered to eliminate or minimize impacts to floodplains, due to the minimal impact discussed above there were no alternatives evaluated. Please see attached site map for area, amount, and description of disturbance. * 3. Is your project in, near (within 200 feet), or likely to affect any type of waterway or body Yes of water? If Yes, and project is not within an existing building, you must confirm that you have provided the following: A USGS 1:24,000 scale quadrangle map showing the project activities in relation to all nearby water bodies (within 200 feet). Any information about the type of water body nearby including: its dimensions, the proximity of the project activity to the water body, and the expected and possible changes to the water body, if any. Identify all water bodies regardless whether you think there may be an effect ~ A photograph or digital image of the site showing both the body of water and the project area. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Evidence of any discussions with the US Fish and Wildlife Service (USFWS), and/or your State Wildlife Agency concerning any potential impacts if there is the potential for the project to affect any water body. Attached materials or additional comments. Comments: We will be improving an existing channel, Marys Creek, in the area near the bridge crossing at State Highway 35. These improvements consist of adding a trapezoidal channel with a bottom width of 40 feet, 4 to 1 side slopes, and a Manning's n~valve of 0.035. Attachments: D. Clean Water Act, Rivers and Harbors Act, and Executive Order 11990 (Protection of Wetlands) * 1. Will the project involve dredging or disposal of dredged material, excavation, adding fill material or result in any modification to water bodies or wetlands designated as "waters of the U.S" as identified by the US Army Corps of Engineers or on the National Wetland No Inventory? If Yes, you must confirm that you have provided the following: Documentation of the project location on a USGS 1:24,000 scale topographic map or image and http s ://portal. fema. gov/FEMAMitigation/Print, do 2/3/2005 Print Application Page 19 of 40 a copy of a National Wetlands Inventory map or other available wetlands mapping information. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Request for information and response letter from the US Army Corps of Engineers and/or State resource agencies regarding the potential for wetlands, and applicability of permitting requirements. Evidence of alternatives considered to eliminate or minimize impacts to wetlands. ~ Attached materials or additional comments. Comments: Attachments: E. Executive Order 11988 (Floodplain Management) * 1. Does a Flood Insurance Rate Map (FIRM), Flood Hazard Boundary Map (FHBM), hydrologic study, or some other source indicate that the project is located in or will affect a 100 year floodplain, a 500 year floodplain if a critical facility, an identified regulatory Yes floodway, or an area prone to flooding? If Yes, please indicate in the text box below any documentation to identify the means or the alternatives considered to eliminate or minimize impacts to floodplains (See the 8 step process found in 44 CFR Part 9.6.) to help FEMA evaluate the impact of the project: Given that all improvements are occuring in the existing channel and the bridge improvements will increase conveyance, there is no negative effect to the floodplain or floodway. * 2. Does the project alter a watercourse, water flow patterns, or a drainage way, regardless of its floodplain designation? Yes If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Hydrologic/hydraulic information from a qualified engineer to demonstrate how drainage and flood flow patterns will be changed and to identify down and upstream effects. Evidence of any consultation with US Army Corps of Engineers (may be included under Part D of the Environmental Information). Request for information and response letter from the State water resource agency, if applicable, with jurisdiction over modification of waterways. ~ Attached materials or additional comments. Comments: Please see attached document from Dannenbaum Engineering Corporation that overviews the hydologic and hydraulic information. Attachments: https ://portal. fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 20 of 40 F. Coastal Zone Management Act * 1. Is the project located in the State's designated coastal zone? No If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Information resulting from contact with the appropriate State agency that implements the coastal zone management program regarding the likelihood of the project's consistency with the State's coastal zone plan and any potential requirements affecting the cost or design of the proposed · activity. ~ Attached materials or additional comments. Comments: Attach ments: G. Farmland Protection Policy Act * 1. Will the project convert more than 5 acres of "prime or unique" farmland outside city limits to a non-agricultural use? Comments: No Attachments: H. RCRA and CERCLA (Hazardous and Toxic Materials) * 1. Is there a reason to suspect there are contaminants from a current or past use on the property associated with the proposed project? No If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. ~ Attached materials or additional comments. Comments: * 2. Are there any studies, investigations, or enforcement actions related to the property associated with the proposed project? No https ://portal. fema. gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 21 of 40 If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. ~ Attached materials or additional comments. Comments: * 3. Does any project construction or operation activities involve the use of hazardous or toxic materials? No If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. ~ Attached materials or additional comments. Comments: * 4. Do you know if any of the current or past land-uses of the property affected by the proposed project or of the adjacent properties are associated with hazardous or toxic materials? No If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. ~ Attached materials or additional comments. Comments: Attachments: I. Executive Order 12898, Environmental Justice for Low Income and Minority Populations https://portal, fema. gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 22 of 40 * 1. Are there Iow income or minority populations in the project's area of effect or adjacent to the project area? If Yes, you must confirm that you have provided the following: No Description of any disproportionate and adverse effects to these populations. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Description of the population affected and the portion of the population that would be disproportionately and adversely affected. Please include specific efforts to address the adverse impacts in your proposal narrative and budget. Attached materials or additional comments. Comments: Attachments: J. Other Environmental/Historic Preservation Laws or Issues * 1. Are there other environmental/historic preservation requirements associated with this project that you are aware of? No If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort. * 2. Are there controversial issues associated with this project? No If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort. * 3. Have you conducted any public meeting or solicited public input or comments on your specific proposed mitigation project? Yes If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort. The City has held numerous public meetings with Citizens within the affected area overview various potential solutions to the flooding problem. Attachments: K, Summary and Cost of Potential Impacts * 1. Having answered the questions in parts A. through J., have you identified any aspects of https ://portal. fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 23 of 40 your proposed project that have the potential to impact environmental resources or historic properties? No If Yes, you must confirm that you have: Evaluated these potential effects and provided the materials required in Parts A through J that identify the nature and extent of potential impacts to environmental resources and/or historic properties. Consulted with appropriate parties to identify any measures needed to avoid or minimize these impacts. Comments: Considered alternatives that could minimize both the impacts and the cost of the project. Made certain that the costs of any measures to treat adverse effects are realistically reflected in the project budget estimate. Attachments: http s ://portal. fema. gov/FEMAMitigation/Print, do 2/3/2005 Print Application Page 24 of 40 Maintenance Schedule and Costs Provide a maintenance schedule including cost information Identify entity that will perform any long-term maintenance If you would like to make any comments, please enter them below. Attach letter from entity accepting performance responsibility There will be very minimal maintenance required after project completion. The channel will be maintained by the local drainage district as part of there normal maintenance plan and schedule. The bridge, once replaced will be owned and maintained by TXDOT. BDD4 and TXDOT https ://portal. fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 25 of 40 Evaluation Information (Part 1 of 4) Is the recipient participating in the Community Rating System C(~_R~S)?? - No If yes, what is their CRS rating2? Is the recipient a Cooperating Technical Partner (CTP)? No Is the recipient a Firewise Community? No If yes, please provide their Firewise Community number. Has the recipient adopted building codes consistent with the International Codes? Yes Has the recipient adopted the National Fire Protection Association (NFPA) 5000 Code? No Have the recipient's building codes been assessed on the Building Code Effectiveness Grading Schedule (BCEGS)2 Yes If yes, what is their BCEGS rating? 6 Is the recipient a Disaster Resistant University? No Is the recipient a Historically Black College. or University or a Tribal College_ or Universi~'? No https ://portal. fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 26 of 40 Evaluation Information (Part 2 of 4) Describe the desired outcome and methodology of the mitigation activity in terms of mitigation objectives to be achieved. The desired outcome of this project is to reduce the water surface elevations for all events, thus reducing the flooding of homes at or below those event levels. The methodology to accomplish this is to remove the impedances within the channel, increase conveyance, and increase channel capacity. Describe performance expectations and timeline for interim milestones and overall completion of mitigation activity. We plan on carefully monitoring the man-hours and equipment hours used for each phase indicated in the project schedule and each construction task, as well as all materials purchased for each construction task. Describe how you will manage the costs and schedule, and how you will ensure successful performance. Our experienced Projects team would use a structured project management process to oversee schedule, scope, and budget. Describe the staff and resources needed to implement this mitigation activity and the applicant's ability to provide these resources. The City has managed many large and complex drainage improvement projects in the past. In fact, the most recent voter approved drainage bonds (from 2001) included $22.5M for drainage improvements. Our experienced Projects team would use proven processes to select the most qualified contractor and would oversee all aspects of the project implementation. If applying for multiple mitigation activities, how do these activities relate? The City of Pearland is not applying for mulitple activities https://portal, fema. gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 27 of 40 Evaluation Information (Part 3 of 4) How will this mitigation activity leverage involvement of partners to enhance its outcome? In implementing this project, the City of Pearland will work closely with the Army Corps of Engineers, who has participated in past and on-going studies of the project area. In addition, the City would work closely with the local Drainage District, Brazoria County Drainage District No. 4, who will be responsible for maintenance of the channel, once improved. Finally, the City will coordinate the bridge replacement with TXDOT. The bridge will be constructed to TXDOT specifications as it will be turned overt to TXDOT, after constructed. How will this mitigation activity offer long-term financial and social benefits? By reducing the flooding of these homes the streets, the citizens in this area will have significant financial and social benefits by not have the expense and effort of post flood clean-up and repair. In addition, both the City and FEMA will have reduced expenditures in the areas of NFIP insurance payments, grants, and emergency response and recovery. How does this mitigation activity comply with Federal laws and Executive Orders, and how is it complementary to other Federal programs? The project complies with all Federal laws and Executive Orders. What outreach activities are planned relative to this mitigation activity (e.g., signs, press releases, success stories, developing package to share with other communities, losses avoided analysis) and/or how will this mitigation activity serve as a model for other communities (i.e. Do you intend to mentor other communities, Tribes or States? Do you intend to prepare a description of the process followed in this activity so that others may learn from the example?)? All City Council meetings are open to the public and drainage issues are a frequent topic of discussion. In addition, the City holds frequent meetings with homeowners in the project area to discuss flooding and potential solutions. Once an award is made for this project, a press release will be issued and signs will be posted at or near the job site. http s ://portal. £ema. gov/FEMAMitigation/Print, do 2/3/2005 Print Application Page 28 of 40 Evaluation Information (Part 4 of 4) Please provide the percent of the population benefiting from this mitigation activity. Please explain your response. Net Present Value of Project Benefits (A) Total Project Cost Estimate (B) What is the Benefit Cost Ratio for the entire project (A/B)? Analysis Type What is the primary hazard data used for the BCA? What secondary hazards were considered during the BCA? Other Secondary Hazard Does this mitigation activity protect a critical facility? If yes, please select the type of critical facilities to be protected Comments: 6.5 There are apprpoximately 14,500 homes in the City of and there are 937 homes in the project area that will benefit to varying degrees. $ 5381200.00 $1812627.00 2.969 FEMA BCA software methodology Flood null Yes Emergency Medical Care Facilities, Fire Protection Name Date Attached http s ://p offal, fern a. gov/FEMAMitigation/Print, do 2/3/2005 Print Application Page 29 of 40 Name of Section Application Level Scope of Work Match Sources Cost Effectiveness Information Comments and Attachments Comment We analyzed the pre and post benefits of over 900. One representative home was added to the property site inventory list. The entire list of homes, with address, SQFT, and year built is attached to this application - titled Pearland Properties the Benefit. Please see the attached letter from Dannenbaum Engineering Corporation (DEC) which describes the modeling methodology and observed benefits in more detail. The analysis was completed by Alejandro C. Flores, P.E., C.F.M. (P.E. number 569939). Al works for DEC and provides consulting support to the City of Pearland. The City historically has funded cost effective drainage projects via two funding sources. 1. General fund operating budget, which in FY05 totals $32M, and 2. Bond issues, the most recent voter approved drainage bonds (from 2001) included $22.5M for drainage improvements. If this grant is award, the City would have funds available in the general fudn for their required local match. There is a mobile home park in the project area. 65 mobile homes in this neighborhood will benefit from this project. For the purpose of the B/C analysis, the Brazoria County lists the entire neighborhood as one property, with a total Square footage for all improvements. We have first floor elevations for each individual property. To run the B/Cs we used the average sqft for mobile homes in this neighborhood of 800 square feet for each home that was analyzed. To determine replacement cost value, we consulted Marshal and Swift relative to the style, age, type of construction, location, and condition of these mobile homes - with this data, we decided to use $40 per square foot for replacement cost. To determine replacement cost value for single family homes within the project area, we consulted Marshal and Swift relative to the style, age, type of construction, ~ocation, and condition of these homes - with this data, we decided to use $65 per square foot for replacement cost. Attachment Date Attached Pearlands Properties that benefit.xls 02-02-2005 Pearlands Properties that benefit.xls 02-02-2005 http s://portal, ferna, gov/FEMAMitigation/Print, do 2/3/2005 Print Application Page 30 of 40 https://portal.fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 31 of 40 Assurances and Certifications Please click the link in the status column to view forms. Forms Part I1: FEMA Form 20-16B, Assurances Construction Programs. Part I1: FEMA Form 20-16C, Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibilities Matters; and Drug-Free Workplace Requirements. Part II1: SF-LLL, Disclosure of Lobbying Activities (Complete only if applying for a grant of more than $100,000 and have lobbying activities using Non-Federal funds, See Form 20-16C for lobbying activities definition.) Status Incomplete Incomplete Incomplete https://portal, fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 32 of 40 FEMA Form 20-16B, Assurances-Construction Programs Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the nonfederal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other ihformation as may be required by the assistance awarding agency or state. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 USC Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statues or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). 9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 USC Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 USC Sections 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, http s ://portal. fema. gov/FEMAMitigation/Print, do 2/3/2005 Print Application Page 33 of 40 as amended (29 USC Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 USC Sections 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 USC Sections 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 USC Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and Federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 USC Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 USC Sections 276a to 276a-7), the Copeland Act (40 USC Section 276C and 18 USC Section 874), and the Contract Work Hours and Safety Standards Act (40 USC Sections 327-333) regarding labor standards for federally assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (PL 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 USC Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 USC Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (PL 93- 523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (PL 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 USC Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 USC Section 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 USC Section 469a-1 et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 19. Will comply with all applicable requirements of all other Federal laws, Executive Orders, regulations, and policies governing this program. 20. It will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 USC Section 201 ), as they apply to employees of institutions of https ://portal. fema.gov/FEMAMitigationfPrint.do 2/3/2005 Print Application Page 34 of 40 higher education, hospitals, and other nonprofit organizations. 21. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications before the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit to the appropriate Federal agency for prior approval changes that alter the cost of the project, use of space, or functional layout, that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant program(s) have been met. 22. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State, and local agencies for the maintenance and operation of such facilities. 23. It will require the facility to be designed to comply with the "American Standard Specification for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number A117.- 1961, as modified (41 CFR 101-17.703). The applicant will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 24. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transfer, for the period during which the real property, or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 25. In making subgrants with nonprofit institutions under this Comprehensive Cooperative Agreement, it agrees that such grants will be subject to OMB Circular A-122, "Cost Principles for Nonprofit Organizations" included in Vol. 49, Federal Register, pages 18260 through 18277 (April 27, 1984). I,, hereby sign this form as of. https://portal, fema. gov/FEMAMitigation/Print, do 2/3/2005 Print Application Page 35 of 40 You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an * are required. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug- Free Workplace Requirements. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 28 CFR Part 17, "Government-wide Debarment and suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons entering into a grant or cooperative agreement over $100,000, as defined at 44 CFR Part 18, the applicant certifies 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 agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any other funds 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions; Standard Form LLL Disclosure of Lobbying Activities Attached (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontract(s)) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform 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; http s ://portal. fema. gov/FEMAMitigation/Print, do 2/3/2005 Print Application Page 36 of 40 (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or locally) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Explanation: 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 44 CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.623: (A) The applicant certifies that it will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited ~n the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2)Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable FEMA awarding office, i.e. regional office or FEMA office. (f) Taking one of the following actions against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or https://portal, fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 37 of 40 (2) Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. (g) Making a good effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). (B) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance Street City State Zip Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding. States and State agencies may elect to Use a Statewide certification. I,, hereby sign this form as of. https://portal, fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 38 of 40 1. Type of Federal Action Contract 4. Name and Address of Reporting Entity: Reporting Entity Type: Subawardee Tier (if known): City of Pearland 3519 Liberty Dr. Pearland TX 77581 Congressional District:9th 6. Federal Department/Agency FEMA Disclosure of Lobbying Activities 2. Status of Federal Action 3. Report Type Bid/Offer/Application Initial Filing 5. If Reporting Entity in No.4 is a Subawardee, Enter Name and Address of Prime: State of Texas TX 7. Federal Program Name/Description Pre Disaster Mitigation ~ 2005 8. Federal Action Number if Known: 10a. Name and address of Lobbying Registrant: (if individual, last name, first name, MI) 9. Award Amount if Known: 1,359,470.00 10b. Individuals Performing Services: (including address if different from No.10a) (last name, first name, MI) TX TX 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 will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to civil penalty of not less than $!10,000 and note more than $100,000 for each such failure. I,, hereby sign this form as of. https ://portal. fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 39 of 40 APPLICATION FOR FEDERAL ASSISTANCE (SF 424) 1.TYPE OF SUBMISSION Construction 2. DATE SUBMITTED 3. DATE RECEIVED BY STATE 4. DATE RECEIVED BY FEDERAL AGENCY 5.APPLICANT INFORMATION Legal Name City of Pearland, TX Address 3519 Liberty Drive, Pearland, TX 77581 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 74-6028909 8. TYPE OF APPLICATION Project Application 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 6.a. DUNS NUMBER 020796397 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.) BRAZORIA COUNTY, HARRIS COUNTY Applicant Identifier State Application Identifier Federal Identifier Organizational Unit City of Pearland Name and telephone number of the person to be contacted on matters involving this application Bill Eisen, 281-652-1661 7. TYPE OF APPLICANT State Government 9. NAME OF FEDERAL AGENCY Federal Emergency Management Agency 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT Marys Creek Drainage Improvement ~ City of Pearland 13. PROPOSED PROJECT: Start Date: End Date: 15. ESTIMATED FUNDING a. Federal b. Applicant c. State d. Local e. Other f. Program Income g. TOTAL 14. CONGRESSIONAL DISTRICTS OF: a. Applicant TX9th b. Project TX9th 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? $1,359,470.00 No, Program has not been selected by state for review $ 0.00 $ 0.00 $ 453,157.00 $ 0.00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? No $ 0.00 $1,812,627.00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Name of Authorized b.Title c. Telephone Number Representative d.Signature of Authorized Representative e. Date Signed https ://portal. fema.gov/FEMAMitigation/Print.do 2/3/2005 Print Application Page 40 of 40 https://portal, fema.gov/FEMAMitigation/Print.do 2/3/2005