R95-18 04-10-95A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ALL
AGREEMENTS WITH THE HARRIS COUNTY COMMUNITY DEVELOPMENT
AGENCY; AND AUTHORIZING THE CITY MANAGER TO CONTRACT
CONSULTING ENGINEERING SERVICES UNDER THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR THE EXTENSION OF THE
EXISTING CITY SANITARY SEWER SYSTEM INTO THE HATFIELD
WOODY ROADS SERVICE AREA; SUCH AREA BEING DESCRIBED AS
BOUNDED BY THE CITY OF BROOKSIDE VILLAGE TO THE NORTH,
HICKORY SLOUGH TO THE SOUTH, HATFIELD ROAD TO THE WEST,
AND WOODY ROAD TO THE EAST.
WHEREAS, the City has a signed agreement with the Harris
County Community Development Agency for participation in the
Community Development Block Grant Program; and
WHEREAS, the City has successfully applied for a grant under
the Harris County Community Development Block Grant Program.
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. That the Mayor is authorized to execute all
agreements with the Harris County Community Development Agency for
the extension of the existing City Sanitary Sewer System into the
Hatfield -Woody Roads service area.
Section 2. That the City Manager is authorized to contract
the services of a consulting engineering firm to engage in project
design.
PASSED, APPROVED, AND ADOPTED this day of
A..
DAV SMIT
MAYOR PRO TEM
ATTEST:
APPROVED AS 0 FO
Y MO ES cCULL
CITY A TO• EY
TOMMIE JEAN VI
INTERIM CITY SECRETARY
RESOLUTION NO. R95 -18
A.D., 1995.
On July 5, 1994, Commissioners Court allocated $243,535 in FY '94 Community
Development Block Grant funds to the City ofPearland to partially fund the construction
of sewer lines.
Attached for Commissioners Court review and approval is the contract for construction
between the City of Pearland and Harris County for this project.
=pears: galerkdbg94%agree
Harris County Housing and Community Development Agency
COURT ABSTRACT
CONTRACT FOR CONSTRUCTION
April 25,.1995
I. SCOPE OF SERVICE
A. Activities
Program Delivery
General Administration
AGREEMENT BETWEEN HARRIS COUNTY
AND
CITY OF PEARLAND
FOR
SEWER IMPROVEMENT PROJECT
THIS AGREEMENT, entered this 7 5e-. day of 4; 1995 by and between
Harris County, a body politic and corporate under the laws of the State of Texas, the herein called
the "Grantee and the City of Pearland, a body politic and corporate under the laws of the State
of Texas, herein called the "Subrecipient
WHEREAS, the Grantee has applied for and received funds from the United States Government
under Title I of the Housing and Community Development Act of 1974, Public Law 94 -383,
application number B- 94 -UC -48 -0002.
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such
funds;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
it is agreed between the parties hereto that;
The Subrecipient will be responsible for administering a Community Development Block
Grant (CDBG) Year (94) City of Pearland Sewer Improvement Project in a manner
satisfactory to the Grantee and consistent with any standards required as a condition of
providing these funds. Such program will include the partial fimding of the construction
of sewer lines which will benefit low and moderate income persons who reside in the City
of Pearland, which qualifies the City of Pearland for the receipt and expenditure of
Community Development Block Grant funds.
Activity: Project will include, the construction of sewer lines north of Hickory
Slough, between Hatfield and Woody Roads. CDBG funding of tap -ins will be provided
for residents who are low and moderate income home owners excluding low and moderate
income mobile home owners who do not have an equitable ownership of land.
Within 180 days after the date of this Agreement is executed by both parties, the
Subrecipient, at its sole expense, will prepare plans and specifications for the Project in
accordance with the usual requirements of the Subrecipient and Grantee. Upon
completion of said plans and specifications, the Subrecipient will submit the same to the
Grantee for the Grantee's written approval.
Within 45 days after approval by Grantee of the plans and specifications as set out in the
above paragraph, Grantee will advertise for and receive bids for the construction of the
Project in accordance with the approved plans and specifications in the manner similar to
that of other Grantee's projects.
Upon receipt and tabulation of the bids for the Project, Grantee will determine the lowest
and best bid for the construction of the Project. In the event the lowest and best bid for
the construction of the Project is an amount that would result in the cost of the Project
being equal to or less than the sum of $197,759, Grantee will notify Subrecipient of the
amount of the lowest and best bid for the Project.
In the event the lowest and best bid for the construction of the Project is an amount in
excess of the sum of $197,759, Grantee shall have the following four (4) options:
1. Subject to the approval of the Subrecipient, the Grantee may agree to use those
Community Development Block Grant funds designated as contingency in Exhibit "A"
attached hereto, to fund the construction costs to meet the lowest and best bid received by
the Grantee.
2. Grantee shall notify Subrecipient of the bid and undertake to negotiate with the
Subrecipient for Subrecipient to agree in writing to pay the additional cost of the Project.
In the event the Subrecipient agrees in writing to pay the additional costs, then and in that
event the Grantee will proceed to let the contract and continue with the construction of
the Project. In such event the entire amount of the additional cost must be transmitted to
Grantee, prior to the award of the bid. If the Subrecipient fails to agree in writing to pay
said additional costs and Grantee fails to use contingency funds, then in that event, the
Grantee, with the written approval of the Director of the Harris County Housing and
Community Development Agency, may reject all bids and elect not to proceed with the
letting of the contract and terminate the Project without any further obligations to
Subrecipient; or
3. Grantee may notify Subrecipient of the bid and undertake to negotiate with the
Subrecipient for Subrecipient to agree in writing to reduce or delete specific items in the
bid proposal so that bids will be within the amount of available construction funds. In the
event Subrecipient agrees in writing to reduce or delete items in the bid proposal, the
Grantee will re -bid the project and proceed as if it were the original bid; or
4. Grantee with the written approval of the Director of the Harris County Housing and
Community Development Agency, may reject all bids and elect not to proceed with the
letting of the contract and terminate the Project without any further obligations to
Subrecipient.
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Within thirty (30) days after the receipt of the funds, if any, from the Subrecipient, the
Grantee shall award the contract to the lowest and best bidder, in accordance with the
usual and customary procedures of the Grantee, subject to certification of the availability
of funds for the Project by the County Auditor. The Grantee reserves the right to decline
to award the contract to all bidders. In such event, the Grantee, in its discretion, may
either re- advertise for bids pursuant to the same understanding with regard to rejection of
bids or terminate this agreement as hereinafter provided. The Grantee's determination of
the lowest and best bid for the Project shall be final and conclusive.
The Grantee shall establish a separate account or system of accounting for the money paid
to it under the above paragraph. Further, the Grantee shall cause the funds paid by
Subrecipient to the Grantee, which are not needed to meet obligations due or
contemplated to be due within sixty (60) days, to be invested in the same manner as
similar funds are invested by the Grantee in federal obligations or interest- bearing time
deposits. The determination by Grantee of the portion of said funds needed to meet such
obligations shall be conclusive. Any earnings from such investment shall be retained in the
account or system until the completion of the construction of the Project, at which time
the Grantee shall perform or cause to be performed, a final accounting. If the sum paid by
the Subrecipient to the Grantee hereunder, including interest earnings thereon, exceeds the
amount transmitted to the Grantee by the Subrecipient, the Grantee shall promptly pay
over the amount of such excess to the Subrecipient.
The Grantee may terminate this Agreement without cause, at any time prior to the letting
of the contract for construction of the Project, by written notice to the Subrecipient, and
the Grantee shall have no obligation hereunder other than to return to Subrecipient the
funds paid to the Grantee, if any, by Subrecipient pursuant to this Agreement. In the
event Grantee elects to terminate this Agreement pursuant to this Paragraph, any interest
earned on said money paid to the Grantee by Subrecipient pursuant to this agreement shall
become the sole property of the Subrecipient.
The Grantee and the Subrecipient may make such changes and amendments to the plans
and specifications within the general scope of the approved Project as the County
Engineer deems necessary or desirable during construction of the Project, so long as the
original scope and intent of the Project is unchanged.
During the construction of the Project, Subrecipient shall have the right to review all
documents, maps, plats, records, photographs, reports or plans affecting said construction.
The Subrecipient shall, at its sole expense, furnish the necessary inspection personnel to
assure itself of compliance with the contract. In absence of inspection by the Subrecipient,
then the Subrecipient shall be deemed to have accepted those inspections made by the
Grantee.
The sums paid by Subrecipient to Grantee pursuant to this Agreement will not be used by
the Grantee for any purpose other than paying for the construction costs of the Project.
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Subrecipient has available the maximum sum of TWENTY TWO THOUSAND SEVEN
HUNDRED FIFTY AND /100 ($22,750) to satisfy its obligations under this Agreement.
B. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and
performance standards required herein. Substandard performance as determined
by the Grantee will constitute non compliance with this Agreement. If action to
correct such substandard performance is not taken by the Subrecipient within a
reasonable period of time after being notified by the Grantee, contract suspension
or termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start within 90 days after the date of this agreement.
The term of this Agreement and the provisions herein shall be extended to cover any
additional time period during which the Subrecipient remains in control of CDBG funds or
other assets including program income.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee
under this Agreement shall not exceed Two Hundred Forty Three Thousand Five Hundred
Thirty-Five and NO /100 ($243,535). Drawdowns for the payment of eligible expenses
shall be made against the line item budgets specified in Exhibit A and in accordance with
performance. Expenses for general administration shall also be paid against the line item
budgets specified in Exhibit A and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in OMB Circular A -110.
The Grantee has no County funds for the payment of the services to be rendered under
this Agreement. It is expressly understood that Grantee's obligation under this Agreement
is conditioned upon receipt of funds for such purpose from the U.S. Department of
Housing and Urban Development, by virtue of the above mentioned Grant(s).
Accordingly, notwithstanding anything herein to the contrary, the maximum liability of the
Grantee under this Agreement, shall not exceed $243,535 or the amount actually received
by the Grantee from HUD pursuant to the Block Grant, whichever is less, and
Subrecipient, by execution of this Agreement, acknowledges its understanding of that fact.
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IV. NOTICES
Grantee
Bruce A. Austin, Director
Harris County Housing and
Community Development Agency
3100 Timmons Lane, Suite 220
Houston, Texas 77027
V. SPECIAL CONDITIONS
VI. GENERAL CONDITIONS
A. General Compliance
B. Independent Contractor
C. Hold Harmless
Communication and details concerning this contract shall be directed to the following
contract representatives:
Subrecipient
Honorable Mayor and City Council
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581 -5416
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies
issued pursuant to these regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
The Subrecipient agrees to comply with all applicable federal, state and local laws and
regulations governing the funds provided under this Agreement, including Executive
Order 12372 governing the review and coordination of Federally Assisted Program and
Projects.
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer /employee between the parties. The
Subrecipient shall at all times remain an independent contractor with respect to the
services to be performed under this agreement. The Grantee shall be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers' Compensation Insurance as the Subrecipient is an independent
Subrecipient.
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all
claims, actions, suits, charges and judgments whatsoever that arise out of the
Subrecipient's performance or nonperformance of the services or subject matter called for
in this Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all
employees involved in the performance of this Agreement. The Contractor shall also
abide by the Contract Work Hours and Safety Standards Act of 1962 (40 U.S.C. 327 et
seq.).
E. Insurance Bonding
The Subrecipient shall carry sufficient insurance coverage to protect Subrecipients assets
from loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee.
The Subrecipient shall comply with the bonding and insurance requirements of OMB
Circular A -110, Bonding and Insurance only if contract exceeds $100,000.
F. Grantor Recognition
The Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this Agreement. All activities, facilities and items utilized pursuant to this
Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient
will include a reference to the support provided herein in all publications made possible
with funds made available under this Agreement.
G. Amendments
Grantee or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each organization, and approved by the
Grantee's governing body. Such amendments shall not invalidate this Agreement, nor
relieve or release Grantee or Subrecipient from its obligations under this Agreement.
Grantee may, in its discretion, amend this Agreement to conform with federal, state or
local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be effected only by written amendment signed by both Grantee and Subrecipient.
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H. Suspension or Termination
VII. ADMINISTRATIVE REOUIREMENTS
A. Financial Management
1. Accounting Standards
2. Cost Principles
Either party may terminate this Agreement at any time by giving written notice to the
other party of such termination and specifying the effective date thereof at least 30 days
before the effective date of such termination. Partial terminations of the Scope of Service
in Paragraph I.A. above may only be undertaken with the prior approval of Grantee. In
the event of any termination for convenience, all finished or unfinished documents, data,
studies, surveys, maps, models, photographs, reports or other materials prepared by
Subrecipient under this agreement shall, at the option of the Grantee, become the property
of Harris County, and Subrecipient shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents or materials prior
to the termination.
Grantee may also suspend or terminate this Agreement, in whole or in part, if Subrecipient
materially fails to comply with any term of this Agreement, or with any of the rules,
regulations or provisions referred to herein; and the Grantee may declare the Subrecipient
ineligible for any further participation in Grantee Agreements, in addition to other
remedies as provided by law. In the event there is probable cause to believe the
Subrecipient is in noncompliance with any applicable rules or regulations, the Grantee may
withhold up to fifteen (15) percent of said Agreement funds until such time as the
Subrecipient is found to be in compliance by the Grantee, or is otherwise adjudicated to be
in compliance.
The Subrecipient agrees to comply with of OMB Circular A -110 and agrees to
adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all
costs incurred.
The Subrecipient shall administer its program in conformance with OMB Circulars
A -122. "Cost Principles for Non -Profit Organizations," or A -21, "Cost Principles
for Educational Institutions," as applicable; (and if the Subrecipient is a
governmental or quasi governmental agency, the applicable sections of 24 CFR
Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, for all costs incurred whether
charged on a direct or indirect basis.
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B. Documentation and Record Keeping
1. Records to he Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and that are pertinent to the activities to be
funded under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity
undertaken;
b. Records demonstrating that each activity undertaken meets
one of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement,
use or disposition of real property acquired or improved with
CDBG assistance;
e. Records documenting compliance with the fair housing and
equal opportunity components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and
OMB Circular A -110; and
g. Other records necessary to document compliance with Subpart
K of 24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to expenditures incurred under
this Agreement for a period of three (3) years after the termination of all activities
funded under this agreement, or after the resolution of all Federal audit findings,
which ever occurs later. Records for non expendable property acquired with funds
under this Agreement shall be retained for three (3) years after final disposition of
such property. Records for any displaced person must be kept for three (3) years
after he/she has received final payment.
Subrecipient must also comply with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970.
3. Property Records
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold. Properties retained shall continue
to meet eligibility criteria and shall conform with the "changes in use" restrictions
specified in 24 CFR Parts 570.503(b)(8).
8
4. National Objectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this Agreement meet one or more
of the CDBG program's national objectives -1) benefit low /moderate income
persons, 2) aid in the prevention or elimination of slums or blight, 3) meet
community development needs having a particular urgency as defined in 24 CFR
Part 570.208.
5. Close -Outs
Subrecipient obligation to the Grantee shall not end until all close -out requirements
are completed. Activities during this close -out period shall include, but are not
limited to; making final payments, disposing of program assets (including the
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the Grantee, and determining the
custodianship of records).
6. Audits Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the Grantee, its designees or the Federal Government, at
any time during normal business hours, as often as the Grantee deems necessary, to
audit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by the Subrecipient within
30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply
with the above audit requirements will constitute a violation of this Agreement and
may result in the withholding of future payments. The Subrecipient hereby agrees
to have an annual agency audit conducted in accordance with current county
policy concerning subrecipient audits.
C. Reporting and Payment Procedures
1. Budgets
The Subrecipient has submitted a detailed budget (see Exhibit A) in a form and
content prescribed by Harris County Auditor. The Grantee and the Subrecipient
may agree to revise the budget from time to time in accordance with existing
county policies.
2. Program Income
The Subrecipient shall report all program income as defined at 24 CFR 570.500(a)
generated by activities carried out with CDBG funds made available under this
Agreement. The use of program income by the Subrecipient shall comply with the
requirements set forth at 24 CFR 570.504. By way of further limitations, the
Subrecipient may use such income during the contract period for activities
permitted under this Agreement and shall reduce requests for additional funds by
the amount of any such program income balances on hand. All unused program
income shall be returned to the Grantee at the end of the contract period. Any
interest earned on cash advances from the U.S. Treasury is not program income
and shall be remitted promptly to the Grantee.
3. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate Grantee share of administrative
costs and shall submit such plan to the Grantee for approval.
4. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and county policy concerning payment. With the exception of
certain advances, payments will be made for eligible expenses actually incurred by
the subrecipient, and not to exceed actual cash requirements. Payments will be
adjusted by the Grantee in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the Grantee reserves the
right to liquidate funds available under this Agreement for costs incurred by the
Grantee on behalf of the Subrecipient.
D. Procurement
1. Compliance
b. Transferred to the Grantee; or
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The Subrecipient shall comply with current county policy concerning the purchase
of equipment and shall maintain an inventory record of all non expendable personal
property as defined by such policy as may be procured with funds provided herein.
Any real property under Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds must either be:
a. Used by the Subrecipient to meet one of the national objectives in 24 CFR
570.200(a) (2) and (3) until five years after expiration or termination of the
Grantee's Agreement with HUD; or
c. Disposed of in a manner which results in the amount of the then current fair
market value of the property less any portion thereof attributable to expenditures
of non -CDBG funds for acquisition thereof, or improvements to, the property
being reimbursed to the Grantee. Such reimbursement is not required if disposed
of more than five (5) years after the expiration or termination of this Agreement.
d. Further, if within five years of the termination or expiration of this Agreement,
the Subrecipient ceases to use any or all personal property attributable to CDBG
funds to meet a national objective, the personal property shall either revert to the
Grantee or be disposed of in accordance with the applicable federal rules and
regulations, including but not limited to OMB Circular A -110.
e. The Grantee in its sole discretion shall determine whether or not the
Subrecipient use of any property meets a national objective contained in 24 CFR
570.200(a) (2) and (3).
f. After the expiration of five years, the Subrecipient shall have no obligation to
comply with this section regarding real or personal property.
g. Nothing contained herein shall be construed to conflict with the duties of the
Subrecipient as set forth in the Texas Non -Profit Corporation Act (Tex.Ann. Civ.
St. Art. 1396 -1.01, et seq.) or any other applicable statue.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
OMB Circular A -110, Procurement Standards, and shall subsequently follow
Property Management Standards, covering utilization and disposal of property.
3. Travel
4. Relocation. Acquisition and Displacement
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The Subrecipient shall obtain written approval from the Grantee for any travel
outside the Grantee's service area with funds provided under this Agreement.
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, non -profit organizations and farms occurring
as a direct result of any acquisition of real property utilizing grant funds. The
Subrecipient agrees to comply with applicable Grantee Orders, and Policies
concerning displacement of individuals from their residences, including The
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970.
VIII. PERSONAL PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of
Title 1 of the Housing and Community Development Act of 1974, Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the
Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086 and all other
applicable requirements of 24 C.F.R. Subpart K.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to insure that all
employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship.
The Subrecipient agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Subrecipient setting forth
the provisions of this nondiscrimination clause. Subrecipient shall also abide by
Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) which
prohibits sex discrimination in federally assisted education programs insofar as it
applies to the terms of this Agreement.
3. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706)
which prohibits discrimination against the handicapped in any federally assisted
program. The Grantee shall provide the Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the
term of this Agreement.
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B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out an Affirmative
Action Program in keeping with the principles as provided in President's Executive
Order 11246 of September 24, 1965. The Subrecipient shall to the greatest extent
feasible, give opportunities for training and employment to lower income residents
of the County and shall award Agreements for work in connection with the Project
to business concerns which are located in or owned in substantial part by persons
residing in the County. However, the Subrecipient shall not engage in any
practices in the procurement of contracts for property and services which would be
prohibited under 24 C.F.R. 85.36.
2. MBE
The Subrecipient will use its best efforts to afford minority owned business
enterprises the maximum practicable opportunity to participate in the performance
of this Agreement. As used in this Agreement, the term "minority business
enterprise means a business at least fifty -one (51) percent owned and controlled
by minority group members. For the purpose of this definition, "minority group
members" are Afro- Americans, Spanish speaking, Spanish surnamed or Spanish-
heritage Americans, Asian- Americans, and American Indians. The Subrecipient
may rely on written representations by Subrecipients regarding their status as
minority business enterprises in lieu of an independent investigation.
3. WBE
The Subrecipient will use its best efforts to afford women owned business
enterprises the maximum practicable opportunity to participate in the performance
of this Agreement. As used in this Agreement, the term "women business
enterprise" means a business at least fifty -one (51) percent owned and controlled
by women group members. The Subrecipient may rely on written representations
by Subrecipients regarding their status as women business enterprises in lieu of an
independent investigation.
4. Access to Records
The Subrecipient shall furnish and cause each of its sub- subrecipients to furnish all
information and reports required hereunder and will permit access to its books,
records and accounts by the Grantee, HUD or its agent, or other authorized
federal officials for purposes of investigation to ascertain compliance with the
rules, regulations and provisions stated herein.
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5. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, to be provided by the agency contracting officer, advising
the labor union or worker's representative of the Subrecipient's commitments
hereunder, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
6. EEO /AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed by
or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action Employer, as applicable.
7. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VBI A, Civil Rights,
and B, Affirmative Action, in every subcontract or purchase order, specifically or
by reference, so that such provisions will be binding upon each sub Subrecipient or
vendor.
C. Employment Restrictions
1. Prohibited Activity
2. OSHA
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities; sectarian, or
religious activities; lobbying, political patronage, and nepotism activities.
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work, be
trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participant's health
or safety.
3. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor
in accordance with the Davis -Bacon Act as amended, the provisions of Contract
Work Hours, the Safety Standards Act, the Copeland "Anti- Kickback" Act [18
U.S.0 874], the Davis Bacon Act [40 U.S.C. 276(c)] and all other applicable
federal, state and local laws and regulations pertaining to labor standards insofar as
14
those acts apply to the performance of this Agreement. The Subrecipient shall
maintain documentation which demonstrates compliance with hour and wage
requirements of this part. such documentation shall be made available to the
Grantee for review upon request. The Subrecipient shall also abide by Chapter 11
of Title 18 of the U.S. Code (18 U.S.C. 201 -224) which prohibits a number of
criminal activities, including bribery, graft and conflict of interest.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than eight
(8) households, all contractors engaged under contracts in excess of $2,000.00 for
construction, renovation or repair of any building or work financed in whole or in
part with assistance provided under this Agreement, shall comply with federal
requirements adopted by the Grantee pertaining to such contracts and with the
applicable requirements of the regulations of the Department of Labor, under 29
CFR, Parts 3, 1, 5, and 7 governing the payment of wages and ratio of apprentices
and trainees to journeymen; provided, that if wage rates higher that those required
under the regulations are imposed by state or local law, nothing hereunder is
intended to relieve the subrecipient of its obligation, if any, to require payment of
the higher wage. The Subrecipient shall cause or require to be inserted in full, in
all such contracts subject to such regulations, provisions meeting the requirements
of this paragraph, for such contracts in excess of $10,000.00.
4. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the Housing and Urban
Development Act of 1968, as amended, the regulations set forth in 24 CFR
135, and all applicable rules and orders issued hereunder prior to the
execution of this Agreement, shall be a condition of the federal financial
assistance provided under this Agreement and binding upon the Grantee,
the Subrecipient and any sub Subrecipients. Failure to fulfill these
requirements shall subject the Grantee, the Subrecipient and any sub
Subrecipients, their successors and assigns, to those sanctions specified by
the agreement through which federal assistance is provided, and as set out
in 24 C.F.R. Subpart 0. The Subrecipient certifies and agrees that no
contractual or other disability exists which would prevent compliance with
these requirements.
The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all subcontract
executed under this Agreement.
"The work to be performed under this contract is a project assisted
under a program providing direct federal financial assistance from
15
D. Conduct
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 lower income residents of
the project area and contracts for work in connection with the
project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the areas of the
project,"
The Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any a notice advising said
labor organization or worker's representative of its commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and
will take appropriate action pursuant to the subcontract upon a finding that
the sub Subrecipient is in violation of regulations issued by the Grantor
Agency. The Subrecipient will not subcontract with any sub Subrecipient
where it has notice or knowledge that the latter has been found in violation
of regulations under 24 CFR 135 and will not let any subcontract unless the
sub- Subrecipient has first provided it with preliminary statement of ability
to comply with the requirements of these regulations.
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without
the prior written consent of the Grantee thereto; provided, however, that claims
for money due or to become due to the Subrecipient from the Grantee under this
Agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the Grantee.
16
2. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under
this Agreement, shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under
this Agreement. The Subrecipient further covenants that in the performance of this
Agreement no person having such a financial interest shall be employed or retained
by the Subrecipient hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer, or elected official or
appointed official of the Grantee, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement program.
The Subrecipient also agrees to abide by 18 U.S.C. 286, which provides for
conspiracy to defraud the Federal Government with Respect to Claims. In
addition, the Subrecipient will also abide by the False Claims Act (31 U.S.C. 3729
et seq.), 18 U.S.C. 287 relating to False, Fictitious and Fraudulent Claims, 18
U.S.C. 245 Federally Protected Activities, 18 U.S.C. 1001 regarding General
Statements or Entries, the Program Fraud Civil Remedies Act (31 U.S.C. 3801-
3812), the Federal Claims Collection Act of 1966 (31 U.S.C. 952) as amended by
the Derby Collection Act of 1982, the Meritorious Claims Act (31 U.S.C. 3702),
the Tucker Act (28 U.S.C. 1346, 1491, and 2501), the Wunderlich Act (41 U.S.C.
321 -322), the Anti- Deficiency Act (31 U.S.C. 1341), and Section 208(a) of the
Intergovernmental Personnel Act of 1970, as amended, insofar as they apply to the
terms of this Agreement.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the written
consent of the Grantee prior to the execution of such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis
to assure contract compliance. Results of monitoring efforts shall be
17
c. Content
d. Selection Process
5. Copyright
6. Religious Organization
18
summarized in written reports and supported with documented evidence of
follow -up actions taken to correct areas of noncompliance.
The Subrecipient shall cause all of the provisions of this Agreement its
entirety to be included in and made a part of any subcontract executed in
the performance of this Agreement.
The Subrecipient shall undertake to insure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open
competition basis. Executed copies of all subcontracts shall be forwarded
to the Grantee along with documentation concerning the selection process.
If this Agreement results in any copyrightable material, the Grantee and/or grantor
agency reserves the right to royalty-free, non exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work for
government purposes.
The Subrecipient agrees that funds provided under this Agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of a
religious organization in accordance with the federal regulations specified in 24
CFR 570.200(j).
DC. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they apply to
the performance of this Agreement:
Clean Air Act, 42 U.S.C., 1857, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308, and all regulations
guidelines issued thereunder.
Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50, as
amended.
National Environmental Policy Act of 1969 (42 U.S.C. 432 et seq; as amended).
HUD Environmental Review Procedures (24 CFR, Part 58).
B. Flood Disaster Protection
C. Lead -Based Paint
D. Historic Preservation
E. Wildlife Protection
19
The Subrecipient agrees to comply with the requirements of the Flood Disaster Protection
Act of 1973 (P.L. -2234) in regard to the sale, lease or other transfer of land acquired,
cleared or improved under the terms of this Agreement, as it may apply to the provisions
of this Agreement.
The Subrecipient agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint
Regulations at 24 CFR 570.608, and 24 CFR Part 35, and in particular Sub -Part B
thereof. Such regulations pertain to all HUD- assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may include lead -based paint. Such notification shall point
out the hazards of lead -based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead -based paint poisoning, and of the advisability
and availability of blood -level screening for children under 7 years of age.
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this Agreement.
In general this requires concurrence from the Texas Historical Commission and Antiquities
Committee for all rehabilitation and demolition of historic properties that are fifty years
old or older or that are included on a Federal, State, or local historic property list.
The Subrecipient agrees to comply with the requirements of the Endangered Species Act
of 1973 as listed in 50 CFR 17.11 and 50 CFR Part 451, the Lacey Act (18 U.S.C. 42),
the Migratory Bird Treaty Act (16 U.S.C. 703 -12), the Fish and Wildlife Coordination Act
(16 U.S.C. 661- 667e), Section 4(0 of the Department of Transportation Act (49 U.S.C.
1653(0, the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Coastal
Zone Management Act of 1972, as amended (16 U.S.C. 1451), and the Safe Drinking
Water Act of 1974 (42 U.S.C. 300f to j -10), insofar as they apply to the performance of
this Agreement.
EXHIBIT B
Certification for Contracts, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more that $100,000 for each such failure.
Executed this day of
Covered Action:
By
DAVID L. SMITH
(Type or Print Name)
MAYOR PRO TEM
(Title)
(Program, Project or Activity)
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written
above.
By:
Robert Eckels, COUNTY JUDGE
Attest: Litre
Bruce A. Pirj or
Harris Co Housing and
Community Development Agency
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
Mike Driscoll, County Attorney
PgflodmA 4 legrae
94-066
By: Linda Mino
Assistant County Attorney
20
City of Pearland
Mayor
Attes
,L IC-w
City Secretary
pearS:sAqsAer■adbeagree
EXHIBIT A
BUDGET
CATEGORY CDA MATCH TOTAL
Construction $197,759 -0- $197,759
Contingency 19,776 -0- 19,776
HCHCDA Design Admin. 12,000 -0- 12,000
Design -0- 22,750 22,750
Inspection 8,000 -0- 8,000
Clerical 1,000 -0- 1,000
Testing 5,000 -0- 5,000
Total 8243,535 822,750 8266,285
EXHIBIT C
GUIDELINES FOR
ENTITY DESIGN /COUNTY BIDDING AND ADMINISTRATION
OF CONSTRUCTION PROJECTS
January, 1995
These guidelines are intended to assist those entities receiving Harris County Community
Development Block Grant funds. The guidelines will facilitate the entity's understanding and
compliance with applicable federal and county regulations, policies and processes where the entity
is responsible for design and construction documentation phase services and Harris County
Engineering handles bidding and construction contract administration phases. If clarification is
needed, call John Szeto, P.E., County Engineering at 755 -7017.
1. The entity must submit the proposed consultant's SF 254 and 255 qualifications statements
and professional liability insurance certification for approval prior to commissioning the
consultant.
2. Upon approval by Harris County Housing and Community Development Agency
HCHCDA) the entity may retain consultant services.
3. The schematic design must be within the previously approved project scope. The design
and construction documents for all construction projects must comply with Harris County
requirements and the policies and procedures of the Harris County Engineer, Purchasing
Agent, Auditor and HCHCDA.
4. Preliminary plans and outline specifications will be submitted to the County Engineer to
review for compliance with project scope, estimated cost and constructibility. Comments
will be returned to the consultant for incorporation into the final plans. Final plans will be
submitted to the County Engineer and will be reviewed to ensure compliance with
HUD /County technical requirements and to insert County- related documents. Corrections
and comments will be returned to the consultant for revisions. HCHCDA reserves the
right to require the consultant to incorporate revisions to plans prior to bidding. Final
documents must be approved by HCHCDA.
5. Prior to award of contract, HCHCDA, the County Engineer's Office, and City of Pearland
representatives will review the bid documents, the bidder's qualification statements,
minority business plan and financial statements to ensure that the contractor has a good
contracting record, adequate capitalization and/or equipment, etc., to successfully
complete the project, meets minority participation goals and that the bidder has not been
debarred by HUD from working on federal contracts.
6. The County Engineer's Office will conduct a prebid meeting (if necessary) and a
preconstruction conference with the contractor(s), consultant, entity and HCHCDA
representatives in attendance.
7. Inspection will be the responsibility of the Harris County Engineer's office. The County
Engineer will have final authority in all construction disputes. Consultants and the entity's
representatives will direct all requests, instructions and comments to the County
Engineer's representative (Project Architect/Engineer or Inspector) and must not issue
commands or otherwise interface with contractors at the site.
8. The Harris County Inspector will be responsible for preparing monthly pay estimates.
Preparation will consist of a site meeting with the consultant and the contractor's
representative to accurately determine the percentage completion of various components
of the work and time used. The monthly estimate is based on a previously submitted and
approved schedule of values. Upon completion of the final draft of each monthly estimate,
the consultant will be required to sign same. The estimates will then be processed by the
County Engineer through HCHCDA, County Auditing and the County Treasurer. The
monthly estimate process requires six to eight weeks before payment is issued.
9. All requests for changes in contract will be processed by the County Project
Architect/Engineer. All change requests must be within the original scope of work or be
approved by HCHCDA prior to processing. No person will have authority to verbally
alter, modify, expand or reduce the requirements of the drawings or specifications. Verbal
modifications shall not be binding on the County, HCHCDA or the Contractor until
specifically confirmed in writing by the County Engineer. All modifications affecting cost,
scope, quality or time shall be made part of the contract by a "Change -In- Contract"
approved by Commissioners' Court and effected by the County Auditor. All change
orders required due to errors and/or omissions by the consultant will be paid for by the
entity. Total aggregate Changes in Contract will not exceed twenty five percent of the
original contract amount.
10. Seven copies of all Submittals and Shop drawings will be submitted by the contractor to
the consultant who will review and approve or reject. All submittals will then be
forwarded to the County Project Architect/Engineer for review and dissemination to the
inspectors, contractors, consultant and files.
11. HCHCDA will review all payrolls and conduct worker interviews and will hold the general
contractor responsible for compliance with labor, EEO, and minority business
requirements.
THE STATE OF TEXAS
COUNTY OF HARRIS
ORDER
On this Z.Sdc. day of 1995 the Commissioners Court sitting as the
governing body of Harris County, Texas, at a regular meeng, upon motion of
Commissioner f� O seconded by Commissioner duly
put and carried,
IT IS ORDERED that County Judge Robert Eckels be, and he is hereby,
authorized to execute for and on behalf of Harris County, an Agreement between the City
of Pearland and Harris County, for the partial funding of the construction of sewer lines
using Community Development Block Grant funds, said agreement being incorporated
herein by reference as though fully set forth herein word for word.
ordpea:s:ler \cdbg94\agree
PRESENTED TO
Commissioners Court
Date APR 2 5 199L
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