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R2021-251 2021-11-08RESOLUTION NO. R2021-251 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract for Grant Program and Project Management Services with Hampsten Consulting LLC, in the estimated amount of $62,500.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for Grant Program and Project Management Services, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for Grant Program and Project Management Services. PASSED, APPROVED and ADOPTED this the 8th day of November, A.D., 2021. _________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ CRYSTAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 1A8205AF-441F-48C9-9AAC-4662546D2EA9 Exhibit A Contract/Agreement DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Design 1 of 26 D2. Revised 04/2019 PROFESSIONAL SERVICES CONTRACT NO. 0721-54 FLOOD MITIGATION ASSISTANCE HOME ELEVATION GRANT AND PROJECT MANAGEMENT SERVICES THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation (“City”) and Contractor (“Contractor"), as follows: Contractor: Hampsten Consulting, LLC 13359 Hwy 183, Ste, 406, PMB 230 Austin, TX 78750 Description of Services: Grant Program and Project Management Services for Flood Mitigation Assistance in elevating homes at risk of ongoing flood damages from major disasters. Contract Amount: $62,500.00 Effective Date: 11/15/2021 End Date: 9/15/2023 Renewals: None Resolution No/Bid No: R2021-251 ADDITIONAL CONTRACT DOCUMENTS: 1. Attachment A: Scope of Work 2. Attachment B: Bid/Pricing Schedule 3. Attachment C: Insurance and Bond Requirements Incorporated by Reference Only: • Exhibit 1: RFB/RFP/Quote No. 0721-54 • Exhibit 2: Contractor’s Bid/Proposal Response City of Pearland 3519 Liberty Drive Pearland, TX 77581 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 2 of 26 D2 Revised 09/2020 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Hampsten Consulting LLC ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as 2019 Flood Mitigation Assistance Program, with the potential for additional, eligible, similarly-situated scope of work and costs to be added if applicable. SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall provide Grant and Program Management Professional Services, primarily for the City’s 2019 Flood Mitigation Assistance Program, but with the ability for CITY and CONSULTANT to negotiate additional projects with similar Flood Mitigation Assistance Program scope and costs into the SCOPE OF WORK. The work will be comprehensive in nature and will support achieving the overall goal of administering the elevation of flood-prone residential properties in accordance with grant-funding requirements set forth by the Federal Emergency Management Agency (FEMA), via Texas Division of Emergency Management (TDEM) Hazard Mitigation Grant Program (HMGP), Texas Water Development Board (TWDB), and/or other federally-funded disaster recovery programs. See Attachment A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. B. The CONSULTANT shall also conduct its business in accordance with the last amended RFP #0721-54 – Flood Mitigation Assistance Program and all of the conditions set forth therein, unless otherwise negotiated and agreed upon herein. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 3 of 26 D2 Revised 09/2020 F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers’ Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers’ Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits (“Change in Coverage”) except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT’S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. Attachment C provides an overview of insurance requirements. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 4 of 26 D2 Revised 09/2020 SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end September 30, 2023. SECTION III - CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B and shall be subject to the budget specifications outlined in Attachment B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: Total and Basic Services $62,500.00 C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. D. CONSULTANT shall invoice for work performed during the preceding thirty-day period (“Billing Period”). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices excessively in arrears. All invoices shall reflect most recent single 30-day Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E. For an agreed contract amount identified as “Lump Sum”, Not to Exceed” and “Reimbursable” the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties prior to performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. F. Allowable Reimbursable Expenses No cost-reimbursement allowances are included in this agreement. Scope and costs are limited to the CONSULTANT’s work and compensation as agreed upon herein, as noted in Attachment A and Attachment B. SECTION IV - THE CITY'S RESPONSIBILITIES H. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. I. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 5 of 26 D2 Revised 09/2020 that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT’S status as an independent contractor of the CITY. SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 13359 Hwy 183, Suite 406, PMB 230, Austin TX 78750. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney’s fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI – ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 6 of 26 D2 Revised 09/2020 SECTION VII – COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII – FEDERAL UNIFORM REQUIREMENTS Equal Opportunity Per federal regulations in 41 CFR Part 60-1.4(C)(b), during the performance of this contract, the CONSULTANT: (1) will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The CONSULTANT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the CONSULTANT’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONSULTANT may be declared ineligible DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 7 of 26 D2 Revised 09/2020 for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The CONSULTANT will include the option of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor 01' vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States." Davis-Bacon Act Not Applicable for Non-Construction Copeland “Anti-Kickback” Act (1) CONSULTANT. The CONSULTANT shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The CONSULTANT or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal government may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a CONSULTANT and subcontractor as provided in 29 C.F.R. § 5.12." Contract Work Hours and Safety Standards Act Applicability: This requirement applies to all federal grant and cooperative agreement programs. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of $1 00,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, § E. Under 40 U.S.C. § 3702, each CONSULTANT must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 8 of 26 D2 Revised 09/2020 hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. The CONSULTANT nor subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the CONSULTANT and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONSULTANT and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set f01th in paragraph (l) of this section. (3) Withholding for unpaid wages and liquidated damages. The City of Pearland upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONSULTANT or subcontractor under any such contract or any other Federal contract with the same prime CONSULTANT, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONSULTANT, such sums as may be determined to be necessary to satisfy any liabilities of such CONSULTANT or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The CONSULTANT or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households - Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of "funding agreement." If a FEMA award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the non- Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 9 of 26 D2 Revised 09/2020 the substitution of patties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non-Federal entity must comply with the requirements of 37 C.F. R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II, § F. The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of pm ties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. Debarment and Suspension. Applicability: This requirement applies to all federal grant and cooperative agreement programs. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension). These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, § I; and Chapter N, § 6.d and Appendix C, § 2. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of patties debarred, suspended, or otherwise excluded by agencies, as well as patties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; Chapter IV, § 6.d and Appendix C, § 2. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes patties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction," which is any non-procurement transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. Specifically, a covered transaction includes the following contracts for goods or services: (I) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. (2) The contract requires the approval of the awarding federal agency, regardless of amount. (3) The contract is for federally-required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either federal approval, or is in excess of $25,000. DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 10 of 26 D2 Revised 09/2020 This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) 01' disqualified (defined at 2 C.F.R. § 180.935). The CONSULTANT must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by Hampsten Consulting LLC. If it is later determined that the CONSULTANT did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Texas Division of Emergency Management (TDEM) and/or the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." Byrd Anti-Lobbying Amendment. Applicability: This requirement applies to all federal grant and cooperative agreement programs. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II, § J; 44 C.F.R. Part 18; Chapter N, 6.c; Appendix C, § 4. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. See Chapter IV, § 6.c and Appendix C, § 4. Per the Byrd Anti-Lobbying Amendment. 31 U.S.C. § 1352 (as amended), should the CONSULTANT bid for an award of $100,000 or more, the CONSULTANT shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Certification Regarding Lobbying The undersigned CONSULTANT certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 12 of 26 D2 Revised 09/2020 (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price. Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, htlp://www.epa.gov/cpg/. The list of EPA-designate items is available at http://www.epa.gov/cpg/prodtlcls.htm. Additional Federal Requirements. The Uniform Rules authorize the federal government to require additional provisions for non-Federal entity contracts. Pursuant to this authority, the following are required: Changes. To be eligible for federal assistance under the non-Federal entity's grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. It is recommended, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured. Access to Records. The following access to records requirements apply to this contract: (1) The contractor agrees to the City of Pearland, Texas Division of Emergency Management (TDEM), the FEMA Administrator, the Comptroller General of the United States, and the Secretary of the U.S. Treasury, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the federal government or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." Seals, Logos, and Flags. The CONSULTANT shall not use the seal(s), logos, crests, or reproductions of flags or likenesses of any federal, State or local agency without specific pre-approval from any such agency; particularly, as it relates to DHS Standard Terms and Conditions, v 3.0, § XXV (2013). Compliance with Federal Law, Regulations, and Executive Orders. DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 13 of 26 D2 Revised 09/2020 This is an acknowledgement that federal financial assistance will be used to fund the contract only. The CONSULTANT will comply will all applicable federal law, regulations, executive orders, federal policies, procedures, and directives. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other patty pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. SECTION IX – STATE OF TEXAS ASSURANCES As the Grantee, the CITY requires that the CONSULTANT certify that CONSULTANT shall: A. comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the grantee’s governing body or of the grantee’s contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. B. insure that all information collected, assembled, or maintained by the grantee relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. C. comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. D. comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. E. not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the grantee is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. F. comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process of achieving compliance with such rules if the grantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 14 of 26 D2 Revised 09/2020 G. follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and grantees shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met. (See UGMS Section .36 for additional guidance on contract provisions). H. comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantee shall also ensure that all program personnel are properly trained and aware of this requirement. I. 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 (P.L. 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 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 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 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd- 3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§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 this Grant. DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 15 of 26 D2 Revised 09/2020 J. comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. K. comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. L. comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. M. comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. N. insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency’s (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). O. comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. P. 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 (P.L. 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 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). Q. comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. R. assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 16 of 26 D2 Revised 09/2020 and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). S. comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. T. comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. U. comply with the Pro-Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. V. comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. W. comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. X. adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Y. comply with the Drug-Free Workplace Rules established by the Texas Worker’s Compensation Commission effective April 17, 1991. and, Z. certify and assure that its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government’s terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https://www.sam.gov/portal/public/SAM/. SECTION X – HUD/GLO COMMUNITY DEVELOPMENT BLOCK GRANT A. HUD National Objectives: The CONSULTANT shall complete activities herein in such a manner to help the City meet community development needs having a particular urgency, as defined in 24 CFR 570.208. B. GENERAL COMPLIANCE: The CONSULTANT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart J and subpart K of these regulations, except that (1) the CONSULTANT does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the CONSULTANT does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 17 of 26 D2 Revised 09/2020 CONSULTANT also agrees to comply with all other applicable Federal, State and local laws, regulations, and policies governing the funds provided under this Agreement. The CONSULTANT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The CONSULTANT shall comply with all applicable Federal laws, regulations, and requirements and all provisions of this Agreement, which include compliance with the provisions of the HCD Act and all rules, regulations, guidelines, and circulars promulgated by the various Federal departments, agencies, administrations, and commissions relating to the CDBG Program. The applicable laws and regulations include, but are not limited to:  2 CFR Part 200  24 CFR Part 570;  24 CFR Parts 84 and 85;  The Davis-Bacon Fair Labor Standards Act;  The Contract Work Hours and Safety Standards Act of 1962;  Copeland “Anti-Kickback” Act of 1934;  Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA);  Title VI of the Civil Rights Act of 1964; (Public Law 88-352 implemented in 24 CFR Part 1)  Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (Public Law 90-234 and Executive Order 11063 as amended by Executive Order 12259 (implemented in 24 CFR Part 107);  Sections 104(b) and 109 of the Housing and Community Development Act of 1974;  Section 3 of the Housing and Urban Development Act of 1968;  Equal employment opportunity and minority business enterprise regulations established in 2 C.F.R. Part 200, Appendix II, ¶ C and24 CFR part 570.904;  Non-discrimination in employment, established by Executive Order 11246 (as amended by Executive Orders 11375 and 12086);  Section 504 of the Rehabilitation Act of 1973 Uniform Federal Accessibility;  The Architectural Barriers Act of 1968;  The Americans With Disabilities Act (ADA) of 1990;  The Age Discrimination Act of 1975, as amended;  National Environmental Policy of 1969 (42 USC 4321 et seq.), as amended;  Lead Based paint regulations established in 24 CFR Parts 35, 570.608, and 24 CFR 982.401;  Asbestos guidelines established in CPD Notice 90-44;  HUD Environmental Criteria and Standards (24 CFR Part 51);  The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;  Historic Preservation Act of 1966, as amended, and related laws and Executive Orders;  Executive Order 11988, Floodplain Management, 1977 (42 FR 26951 et seq.);  Flood Disaster Protection Act of 1973. C. RELOCATION, REAL PROPERTY ACQUISITION AND “1-FOR-1:” The CONSULTANT agrees to comply with (1) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (2) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (3) the requirements in 24 CFR 570.606(d) DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 18 of 26 D2 Revised 09/2020 governing optional relocation policies. The Grantee may, however, preempt the optional policies. The CONSULTANT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The CONSULTANT also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. Displacement of persons (including families, individuals, businesses, non-profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged. D. LAND COVENANTS: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the CONSULTANT shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The CONSULTANT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. E. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES: The CONSULTANT shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility designed, constructed, or altered with funds allocated or reallocated under CDBG program after December 11, 1995 and that meets the definition of a “residential structure” as defined in 24 CFR Part 40.2 or the definition of a “building” as defined in 41 CFR Part 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with the Uniform Federal Accessibility Standards. The Americans with Disabilities Act (“ADA’) (42 USC 12131; 47 USC 155, 210, 218, and 255) requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readily accessible and usable by individuals with disabilities. The ADA further requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense. F. SECTION 3 COMPLIANCE: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued thereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the CONSULTANT and any of the CONSULTANT’S subcontractors. Failure to fulfill these requirements shall subject the CONSULTANT and any of the CONSULTANT’S subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The CONSULTANT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The CONSULTANT further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 19 of 26 D2 Revised 09/2020 “The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” The CONSULTANT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The CONSULTANT further agrees to award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The CONSULTANT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. SECTION XI – SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. SECTION XII – ENTIRE AGREEMENT This CONTRACT constitutes the entire agreement between the CITY and the CONSULTANT for the use of funds received under this CONTRACT and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and the CONSULTANT with respect to this CONTRACT. SECTION XIII – NO THIRD-PARTY BENEFICIARIES Except as expressly provided otherwise, this CONTRACT is intended to be solely for the benefit of the parties and shall not otherwise be deemed to confer upon or give to any other person or third party any remedy, claim, cause or action or other right. SECTION XIV – GOVERNING LAW AND JURISDICTION DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 11/8/2021 | 6:37 PM PST DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 22 of 26 D2 Revised 09/2020 ATTACHMENT A – SCOPE OF WORK General Grant Administration • Administer all aspects of the grant according to the contractual agreement with TWDB and the Flood Mitigation Assistance Grant Agreement with FEMA • Report to local officials on the grant process • Prepare required reports to the State • Prepare requests for payment from the City to the property owners or contractor • Prepare requests for reimbursement from the City to the State • Assist the City in evaluating options for procurement of qualified contractors in accordance with 2 CFR Part 200 and State of Texas procurement standards • Assist the City in developing an agreement between the City and the Homeowners that passes along the relevant terms of the grant. This agreement will also establish Homeowner obligations that must be followed during the elevation of their home • Coordination of inspection, structure requirement, and bid/contract process for elevation contractor procurement • Coordinate and facilitate meetings with Homeowners to outline the project’s scope of work requirements. Work closely with the Homeowners throughout the duration of the project and respond to their questions in a timely manner • Prepare reconciliation with State on all grant funds • Prepare all reports and forms required for grant closeout • Participate in any review or audit of the grant by TWDB, FEMA or their assignee, and address any questions, findings, or deficiencies noted Per Parcel Project Management Services for Elevation projects • Meet with Homeowners to overview and explain the process and detail the Homeowner’s and elevation contractor’s responsibilities • Provide an overview of the budget the Homeowners must stay within for their individual elevation. This data will come from the grant award documents • Manage the budget to ensure all homes are completed within available Federal funding • Assist the City in ensuring that the elevation contract specifications meet the FEMA grant requirements • Develop a process to ensure that construction is performed in compliance with engineering specifications (especially homes not located within City limits) DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 23 of 26 D2 Revised 09/2020 • Ensure that a professional engineer reviews all construction specifications. Note, Professional Engineer is provided and paid for by the elevation contractor as part other total elevation contract amount bid and accepted by the homeowner and the City. • Ensure Homeowner selects among the qualified contractors in the manner and method prescribed and supports the selection • Prepare and present mitigation offer. Review details of mitigation offer and have offer signed by Homeowner • Prepare and present Homeowner/City agreement for elevation. This agreement will provide the details of the Homeowner responsibility for hiring the elevation contractor and will have language indemnifying the City and their contractors from liability associated with the physical elevation. Have Homeowner sign the agreement • Submit owner signed agreement to City for review and signature • For those Homeowners that have a local cost share, collect this cost share at the time of execution of the agreement between City and Homeowner. Ensure these funds are deposited with the City in escrow accounts • Facilitate payments to contractors from the City • Meet with each Homeowner and review and concur with Elevation Contractor. Confirm bid is within grant limits and detail any/all costs that will not be reimbursable under the grant. • Review work schedules and specifications to ensure that the elevation is completed in a timely manner and in compliance with the terms of the grant. If problems are encountered, the Contractor will seek resolution from the City and the State. • This element requires the submittal of a schedule for completion for elevation as part of the bid and resultant contract for elevation. Hampsten will closely monitor this schedule and include progress reviews in the below mentioned weekly reports. • Facilitate the establishment and recordation of FEMA required post elevation deed restrictions. Work schedule/timeline DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 24 of 26 D2 Revised 09/2020 ACTIVITY START DURATION Month Months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Grant Award 1 1 ID/Procure Elgible Elevation Contractors 1 2 Kick Meeting with Homeowners 1 1 Homeowners Obtain Quotes 2 2 Agreement between County and homeowner 3 21 Homeowner Selects Contractor 3 21 NTP to Elevation Contractors 5 1 Elevation of homes 5 7 Grant Administration 1 24 Grant Closeout 20 4 City of Pealand Home Elevations MONTHS DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 25 of 26 D2 Revised 09/2020 ATTACHMENT B – BID/PRICING SCHEDULE Per Parcel Project Management Services for Elevation projects Project Management will be billed on a per parcel basis at $5,500 per parcel. 50% of this fee will be billed when Notice to Proceed (NTP) is given to contractors on a home-by-home basis, and the remaining will be billed when completion certificate is issued. No per parcel project management fee will be charged for a given home if the owner of that home does not proceed with elevation. Grant Administration The Contractor will assist the City in accounting for and requesting reimbursement for these incurred administrative expenses. The following table overviews the general elements of grant administration for which the contractor will be responsible. 18 160.00$ 2,880.00$ 2021 Consultant/SR PM 18 160.00$ 2,880.00$ 2021 Consultant/SR PM 18 130.00$ 2,340.00$ 2022 Consultant/SME 18 130.00$ 2,340.00$ 2022 Consultant/SME 10,440.00$ 18 160.00$ 2,880.00$ 2021 Consultant/SR PM 18 160.00$ 2,880.00$ 2021 Consultant/SR PM 18 130.00$ 2,340.00$ 2022 Consultant/SME 18 130.00$ 2,340.00$ 2022 Consultant/SME 10,440.00$ 18 160.00$ 2,880.00$ 2021 Consultant/SR PM 18 160.00$ 2,880.00$ 2021 Consultant/SR PM 18 130.00$ 2,340.00$ 2022 Consultant/SME 18 130.00$ 2,340.00$ 2022 Consultant/SME 10,440.00$ 23 160.00$ 3,680.00$ 2022 Consultant/SR PM 3,680.00$ Total 35,000.00$ Facilitating the draws and reimbursement process. Assist with Grant closeout. Oversee schedule, scope, and budget. Assist City in meeting all grant requirements (record keeping, financial reporting, performance reporting - both City's requirements of the consultant and their requirements as a subgrantee). DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 Hampsten Consulting LLC 26 of 26 D2 Revised 09/2020 ATTACHMENT C – INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. CERTIFICATE OF INSURANCE FORMS AND OTHER APPLICABLE INSURANCE DOCUMENTATION MUST BE SENT TO THE CITY’S PURCHASING DEPARTMENT AT, and in the FOLLOWING MANNER: PURCHASING OFFICER C/O – CONTRACT ADMINISTRATION RE: VENDOR INSURANCE REQUIREMENTS CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND TX 77581 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0 DocuSign Envelope ID: C8386A06-23F3-4A7A-AD5D-C219811285C0