R-2015-075 2015-06-22RESOLUTION NO. R2015-75
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a Sub -
Grantee Agreement with Brazoria County for use of the Coastal Impact
Program (CIAP) funds for constructing the Trails at the John Hargrove
Environmental Center and authorizing the City Manager to execute the
Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Sub -Grantee Agreement by and between the City of
Pearland and Brazoria County, 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 Sub -Grantee Agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 22" dday of June, A.D., 2015.
ATTEST:
APPROVED AS TO FORM:
DARRNM.CO ER
CITY ATTORNEY
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TOM REID
MAYOR
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Resolution No. R2015-75
Exhibit "A"
SUBGRANTEE AGREEMENT
This Subgrantee Agreement is entered into by and between the COUNTY OF BRAZORIA,
TEXAS, hereinafter referred to as "Grantee" and the CITY OF PEARLAND, hereinafter referred
to as "Subgrantee," to provide financial assistance of Coastal Impact Assistance Program
(CIAP) funds received under U.S. Department of the Interior, Fish and Wildlife Service Grant
Award Agreement Number F12AF01190 "Coastal/Wetland/Birding Interpretive Trails."
RECITALS
WHEREAS, Grantee has applied for and received Coastal Impact Assistance Program (CIAP)
funds from the U.S. Department of the Interior, Fish and Wildlife Service through Award
Agreement Number F 12AF01190;
WHEREAS, as part of the application, Grantee applied for funds for the Delores Fenwick Nature
Center, now known as the John Hargrove Environmental Complex;
WHEREAS, partial funding under the grant is provided to Subgrantee, under this Agreement, for
the construction of a public walking trail and park amenities at the John Hargrove Environmental
Complex (the "Project"); and
WHEREAS, the purpose of the project is to improve public access and enjoyment of the coastal
natural environment.
NOW THEREFORE, the parties agree to the following:
I. SCOPE OF PROJECT
A. Eligible Activities
Subgrantee agrees to construct trails and park amenities at the John Hargrove Environmental
Complex in the City of Pearland pursuant to the Work Plan and the Construction Cost
Budget as described in Attachment "A" attached hereto and incorporated herein for all
purposes. Eligible Activities shall not exceed the itemization provided in the Construction
Cost Budget.
All constructed features will become the sole property of Subgrantee, who will maintain and
repair such features for the useful life of the features, at no cost to the County.
Subgrantee certifies that the activities carried out with funds provided under this Agreement
will meet the CIAP Program Objective #1— projects and activities for the conservation,
protection, or restoration of coastal areas including wetland. Subgrantee agrees to maintain
documentation that demonstrates that the activities carried out with funds provided under this
Agreement meet this CIAP program objective.
Page 1 of 8
B. Performance Monitoring
Subgrantee agrees to cooperate with program and financial monitoring visits and/or
investigations performed by Grantee and/or U.S. Department of the Interior, Fish and
Wildlife Service and/or their designated representatives. Substandard performance as
determined by Grantee and/or U.S. Department of the Interior, Fish and Wildlife Service will
constitute non-compliance or breach of this Agreement. Subgrantee's failure to correct
substandard performance within a reasonable period of time after being notified by the
Grantee will result in further corrective action by Grantee, including but not limited to,
termination of the Agreement.
H. TERMS OF ACCEPTANCE
A. Compliance with Laws
Subgrantee agrees that acceptance of these grant funds is subject to the following terms and
conditions:
1. In the performance of this Agreement, Subgrantee shall comply with all applicable
federal, state, and local laws, ordinances, and regulations, including but not limited
to:
a. Code of Federal Regulation requirements, including but not limited to,:
• 2 CFR Part 25, Central Contractor Registration and Data Universal
Numbering System;
• 2 CFR Part 170, Reporting Sub awards and Executive Compensation;
• 2 CFR Part 1400, Government -wide Debarment and Suspension
(nonprocurement);
• 2CFR Part 175, Trafficking Victims Protection Act of 2000;
• 43 CFR 12 Subpart A Administrative and Audit Requirements and Cost
Principles for Assistance programs;
• 43 CFR 12 Subpart C Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments;
• 43 CFR 12 Subpart E Buy American Requirements for Assistance Programs;
• 2 CFR 1401, Government -wide Requirements for a Drug -Free Workplace;
• 43 CFR 18 New Restrictions on Lobbying;
• 305 DM 3, Integrity of Scientific and Scholarly Activities;
• Assurances Construction Programs (SF -424D), as applicable; and
• State and local laws and regulations.
b. OMB Circulars:
• A-102 Grants and Cooperative Agreements with State and Local
Governments;
• A-87 Cost Principles for State. Local and Indian Tribal Governments; and
• A-133 Audits of States. Local Governments and Non -Profit Organizations
Page 2 of 8
2. Federal Funding Accountability and Transparency Act of 2006:
Subgrantee agrees to comply with the Federal Funding Accountability and
Transparency Act of 2006 (FFATA). Information on subawards made by federal
grantees must be made publicly available. All recipients of federal grant awards,
made on or after October 1, 2010, will implement FFATA reporting requirements
utilizing the FFATA Subaward Reporting System (FSRS).
3. Davis -Bacon Act:
There are no specific requirements within the Energy Policy Act of 2005 requiring
compliance with the Davis -Bacon provisions, thus, Subgrantee is not required to
comply with the Davis -Bacon Act. See Attachment "B".
4. Certifications and Assurances:
Grantee certifies that it will comply with Certifications and Assurances regarding
Compliance with Uniform Administrative Requirements for Federally -Funded
Construction Programs, Debarment, Suspension, Ineligibility, Voluntary Exclusion —
Lower Tier Covered Transactions and Lobbying attached hereto as Attachment "C".
B. Procurement
Subgrantee will be in charge of all procurement procedures for purchase of materials,
equipment and contractual services in accordance with 43 CFR 12, Subpart A --
"Administrative and Audit Requirements and Cost Principles for Assistance Programs,"
Subpart C --"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments" and Subpart E --"Buy American
Requirements for Assistance Programs."
III. BUDGET
A. Maximum Amount to be Paid
Subject to the terms and conditions of this Agreement, Grantee agrees to make a sub -grant to
Subgrantee in the amount of Four Hundred Sixty-three Thousand Three Hundred Fifty
and NO/100 Dollars ($463,350.00), payable in installments as reimbursement of allowable
expenses as specifically provided in Subgrantee's Construction Cost Budget attached hereto
as Attachment "A". Expenditures shall not exceed the items provided in the Construction
Cost Budget.
It is expressly agreed and understood that the total amount to be paid by Grantee under this
Agreement shall not exceed $463,350.00.
Page3 of 8
B. Budget Revisions
Any proposed reallocation of funds among various budget line items or to new line items
must be treated as an Agreement Amendment requiring approval of Grantee. Subgrantee
will provide narrative for justification of budget revision in an electronic email from the
Subgrantee's authorized official submitted to Grantee's point of contact OR on letterhead and
signed by the representative identified under Section IV. B. A budget revision is not
approved for expenditure until Subgrantee receives written approval from Grantee. Budget
revisions cannot change the scope of work approved by Grantee's elected governing body.
Upon approval of a budget revision, Subgrantee will provide a revised Attachment "A" to
Grantee, which must be received by Grantee no later than Subgrantee's submission of any
subsequent Request for Reimbursement.
C. Payment for Eligible Expenses
Subgrantee understands and agrees that Grantee shall reimburse Subgrantee for only those
costs that are eligible under applicable federal rules, regulations, cost principles, and other
requirements relating to reimbursement with CIAP grant funds.
D. Payment Procedures
1. Grantee will reimburse Subgrantee based upon information submitted by Subgrantee
and consistent with any approved eligible activities as set forth in Subgrantee's
Construction Cost Budget. Drawdowns for the payment of eligible expenses shall be
made against the line item budget attached hereto as Attachment "A" and in
accordance with performance. With each reimbursement request, Subgrantee shall
include an invoice with required source documentation, including but not limited to,
copies of all actual receipts, cancelled checks, working papers, invoices, purchase
orders, photographs, videography, accounting records, financial statements, bid
documents, interoffice communications, letters, plans, proposal documents, and/or
such other documentation that, in the judgment of Grantee, allows for full
substantiation of the costs incurred. Incorrect reimbursement requests may be
returned to Subgrantee for correction and resubmission.
2. In the event Subgrantee fails to comply in accordance with the Eligible Activities,
Terms of Acceptance, Subgrantee may be required to reimburse Grantee for all
installments paid. If Grantee is required to reimburse the U.S. Fish and Wildlife
Service any funds for Subgrantee's failure to comply with Grant requirements,
Subgrantee will reimburse Grantee any and all such funds.
3. Final reimbursement requests from Subgrantee shall be received by Grantee no later
than August 31, 2016. Any requests received after August 31, 2016 will not be
processed for payment and this Agreement will become void, unless prior approval
has been granted by Grantee. All unexpended CIAP funds by Subgrantee will be de -
obligated and recaptured.
Page 4 of 8
IV. RECORD KEEPING
A. Reporting Requirements
Subgrantee shall submit written monthly progress reports and a final report to Grantee.
Monthly progress reports on the status of the project are due on or before the 10`s day of each
calendar month documenting the progress for the previous month, beginning July 10, 2015.
1. Reports shall include, at a minimum, all documentation pertaining to the project for
the previous month, including but not limited to, all procurement documents, all
submitted bids, documentation on the award of the contract identifying the contractor,
the contract amount, all contracts entered into between Subgrantee and contractor(s),
all proof of insurance for each contractor, purchase orders issued, actual receipts,
cancelled checks, progress reports, pictures of progress, expenses, and any other
documentation pertaining to the project during the month.
Sample report forms are attached as Attachment D.
2. All reports shall be electronically sent to:
o Bryan Frazier
Director of Brazoria County Parks Department
brvanf cni.brazoria-countv.com
(979) 864-1541
and
o Charlene Buck
Brazoria County Auditor's Office
charleneb(a.brazoria-county. com
(979) 864-1876
B. Inspection and Audit
Subgrantee agrees that all relevant records related to this Agreement shall be subject at any
reasonable time for inspection, examination, review, audit, and copying with or without
notice by Grantee, the U.S. Fish and Wildlife Service, the Comptroller General, the General
Accounting Office, the Office of Inspector General or any of their authorized representatives
of the U.S. Government.
1. Subgrantee shall retain all records relevant to this Agreement for a minimum of three
(3) years, beginning at the date of final payment of reimbursable expenses by Grantee
or from the date of termination of the Agreement, whichever is later.
Page 5 of 8
2. The period of retention shall be extended for a period reasonably necessary to
complete an audit and/or to complete any administrative proceeding or litigation that
may ensue.
V. GENERAL CONDITIONS
A. Term
This Subgrantee Agreement will become effective upon execution of both parties and will
terminate on August 31, 2016.
Grantee may terminate this Agreement by giving written notice specifying a termination date
at least thirty (30) days subsequent to the date of the notice. Upon receipt of such notice,
Subgrantee shall cease work, undertake to terminate any relevant subcontracts, and incur no
further expense related to this Agreement. Such early termination shall be subject to the
equitable settlement of the respective interest of the parties accrued up to the date of
termination.
B. Notice
Any communication concerning this Agreement shall be directed to the representatives of
Grantee and Subgrantee as set forth below, and in an order that is respectful of the chain of
command of Grantee and Subgrantee.
Grantee:
Bryan Frazier
Director of Brazoria County Parks Department
brvanf dibrazoria-countv.com
(979) 864-1541
Subgrantee:
C. Indemnity
Except for damages directly or proximately caused by the gross negligence of Grantee,
Subgrantee shall indemnify and hold harmless Grantee and its officers, representatives,
agents, and employees from any losses, claims, suits, actions, damages, or liability arising in
connection with this Agreement.
Page 6 of 8
Subgrantee shall be solely responsible for the safety and wellbeing of its employees,
customers, and invitees. These requirements shall survive the termination of this Agreement
until all claims have been settled or resolved and suitable evidence to that effect has been
furnished to Grantee.
D. Relationship of the Parties
On or about February 11, 2013, Grantee and Subgrantee entered into an Interlocal
Cooperation Agreement regarding this project. The terms of this Agreement control and
replace the responsibilities of each party in the Interlocal Agreement. Subgrantee is
associated with Grantee only for the purpose and to the extent specified in this Agreement.
Subgrantee shall have the sole right to supervise, manage, operate, control, and direct
performance of the details incident to its duties under this Agreement.
Grantee shall have the right to inspect the progress and completion of the project during
normal working hours.
Nothing contained in this Agreement shall be deemed or construed to create a partnership or
joint venture, to create relationships of an employer-employee or principal -agent, or to
otherwise create for Grantee any liability whatsoever with respect to the indebtedness,
liabilities, and obligations of Subgrantee or any other party.
E. Whistleblower Protection
Subgrantee is required to follow 41 United States Code (U.S.C.) 4712, Pilot Program for
Enhancement of Recipient and Subrecipient Employee Whistleblower Protection, including
but not limited to following:
1. This Agreement and any related subawards and contracts over $100,000 and all
employees working on this Agreement and related subawards and contracts over
$100,000 are subject to the whistleblower rights and remedies in the pilot program,
established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization
Act for Fiscal Year 2013 (P.L. 112-239).
2. Subgrantee and its subrecipients and contractors awarded contracts over $100,000
related to this Agreement, shall inform its employees in writing, in the predominant
language of the workforce, of the employee whistleblower rights and protection under
41 U.S.C. 4712.
3. Subgrantee shall insert this clause, including this paragraph (3) in all subawards and
contracts over $100,000 related to this Agreement.
Page 7 of 8
F. Modifications
No modification of this Agreement shall be effective unless it is in writing and signed by
both parties.
L. . "Matt" Sebesta
County Judge
BRAZORIA COUNTY
1'
<15erli \ --A-4. A-1
Tom Reid
Mayor
CITY OF PEARLAND
Date of Execution: q dor-1 - 1 Date of Execution: 0 Co '02.9--' /S-
Page
5
Page 8 of 8
«d„ IMJTNH3VIIV
WORK PLAN
The goal of this project is to protect and enhance coastal natural resources and enhance
environmental management. The purpose of the project is to construct trails and park amenities at
the John Hargrove Environmental Complex in the City of Pearland.
Tasks:
As funding permits, the following tasks will be conducted:
1) Trails/Sidewalks: Construction of 8' and 6' wide trails and sidewalks to complete the trail
system around east and west ponds and connect the trail to existing sidewalks.
2) Parking Spaces: Construction of nine (9) additional parking spaces, including ADA -compliant
spaces, in front of the Stella Roberts Recycling Center.
3) Amenities: Construction of site amenities such as bike rack areas, benches, a drinking fountain,
litter receptacles and interpretive signage.
Deliverables:
1) Copies of all executed bidding documents, including a copy of executed Certifications and
Assurances regarding Compliance with Uniform Administrative Requirements for Federally -
Funded Construction Programs, Debarment, Suspension, Ineligibility, Voluntary Exclusion —
Lower Tier Covered Transactions and Lobbying by the contractor. See Attachment C.
2) Copies of all invoices as required in the Agreement.
3) Monthly and final progress reports as required in the Agreement.
4) As -built construction documents.
5) Photographs of trails, parking spaces and amenities that were built with CIAP funding.
6) Photograph of CLAP funding acknowledgement sign.
Construction Cost Budget (Trail Only)
Project Name: Trail at John Hargrove Environmental Complex
Project No: P20008
ITEM
QUANTITY UNITS UNIT COST AMOUNT TOTALS
A. Trail
6' WIDE CONCRETE SIDEWALK 3,990 SF $ 6.00 $23,940.00
8' WIDE CONCRETE SIDEWALK 6,400 SF $ 7.50 $48.000 00
8' WIDE DECOMPOSED GRANITE TRAIL 6,700 SY $ 30.00 5201,000 00
6 INCH CONCRETE ROLLED CURB TRAIL EDGE 13,400 LF $ 7.00 593,800.00
18" HPDE 10 FT Long 11 EA $ 300.00 53.300 00
PRECAST CONCRETE SAFETY END TREATMENT 12 EA $ 1,350.00 $16.200 00
5" CONCRETE SLABS 305 SF S 5.00 $1.525.00
B. Site Amenities
6' BENCH VICTOR STANLEY -MODEL NRB -6
LITTER RECEPTICLE VICTOR STANLEY- MODEL T-32
DRINKING FOUNTAIN
RING BIKE RACK- LANDSCAPE FORMS
C Pgre PEXIS) ING CURB
6" REINFORCED CONCRETE CURB
5" CONCRETE PAVEMENT
THERMOPLASTIC STRIPING
E
= PROTECTION
SWPPP, INCD. INLET PROT., MAINT 8 REMOVAL
STABLIZED CONSTRUCTION ENTRANCE/EXIT
CONCRETE TRUCK WASHOUT
SITE RESTORATION (HYDRO -MULCH SEEDING)
SIGNAGE (8' 1 ALLOWANCE
'Project Subtotal
Mobilization 3%
'Project Total (Including contingency and mobilization)
4
4
1
6
125
125
224
1
1 1
EA $ 2,000.00
EA $ 1,500.00
EA $ 3,390.00
EA $ 500.00
LF $2 00
LF $6 00
SY 545-00
$1.500.00
LS $ 2,000.00
LS $ 8,000.00
LS $ 1,500.00
LS $ 1,200 00
AC $ 3.000 00
1 LS 1S 16.419361
$8,000.00
$6,000.00
53,390 00
$3,000 00
$250.00
5750.00
$10.080.00
51.500.00
52,000.00
58.000 00
51,500.00
$1,200.00
$3.000.00
516.419 361
0 03 513.495.63
S387.705.00
S20.390 00
512.600.00
S16.419 361
5449,854.36 1
$463,349.991
„H„ INHIATHOVILLV
da-maryc
From: purch-lesa
Sent: Tuesday, May 12, 2015 12:30 PM
To: da-maryc
Subject: Fwd: Sub grantee questions
Sent from my iPhone
Begin forwarded message:
From: "WSFR CIAP, FWHQ" <fw9 wsfr cian(aifws.eov>
Date: May 12, 2015 at 12:17:47 PM CDT
To: Kathleen Smartt <ksmartt7(Rmail.com>
Cc: "Jones, William" <william tones fws.eov>, "<lesaena brazoria-countv.com>"
<lesat?nabrazo ia-countv.com>
Subject: Re: Sub grantee questions
Our requirement is that the County follows its own procurement procedures in subgranting the
award to the City. The subgrantee (City) would then be required to follow its own procedures in
procuring the contract, unless the County has required something different in the subaward. As
long as everybody's following their own standard written procedures, we should be all set. I also
checked in with Penny, and since CIAP's authorizing legislation doesn't contain any Davis -
Bacon language, there's no need for Davis -Bacon compliance on our end.
JMC
Davis - Bacon Act
Definition
According to the U.S. Department of Labor's Employment Law Guide, the Davis -Bacon Act:
"...requires that all contractors and subcontractors performing on federal contracts (and
contractors or subcontractors performing on federally assisted contracts under the related Acts)
in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and
fringe benefits listed in the contract's Davis -Bacon wage determination for corresponding classes
of laborers and mechanics employed on similar projects in the area."[1 ]
Guidance
For grants and cooperative agreements, the Davis -Bacon Act only applies to "Related Acts", i.e.,
those that specifically incorporate the requirement in the program's authorizing statue/legislation.
For example, the American Recovery and Reinvestment Act (ARRA) incorporated the
requirements of the Davis -Bacon Act. See the U.S. Department of Labor's website
at htto://www.dol.eov/whd/nroerams/dbra/whatdbra.htm for more information.
If the program's authorizing legislation does incorporate the Davis -Bacon Act requirements, the
provision is applicable to construction contracts of more than $2,000 awarded by recipients and
subrecipients. see 43 CFR Parts 12.76 Procurement, 12.948 Contract provisions and Appendix A
to Subpart F—Contract Provisions for more information. However, if theDavis-Bacon Act
requirements are not specifically included in the program's authorizing legislation, then the
requirements do not apply.
Frequently Asked Questions
When should a notice of award include the Davis -Bacon Act provision?
A notice of award should only include the Davis -Bacon Act provision when the funding
program's authorizing legislation specifically incorporates the requirements of the Davis -Bacon
Act.
As with CIAP, there are no specific requirements within the CLAP enabling legislation ( the
Energy Policy Act of 2005) that address the Davis -Bacon Act as per the requirements found in
43 CFR 12.76(i)(5) below:
(i) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in
paragraph (i) of this section. Federal agencies are permitted to require changes, remedies,
changed conditions, access and records retention, suspension of work, and other clauses
approved by the Office of Federal Procurement Policy.
(5) Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2000
awarded by grantees and subgrantees when required by Federal grant program legislation)
Regarding the Wildlife Restoration Act and the Sport Fish Restoration Act:
A Solicitor's opinion dated April 11, 1988 determined that a Service review of grant program
statutes found no specific requirement for compliance with Davis -Bacon provisions. In addition,
the Rules of the Secretary of Labor (29 CFR Part 5) were reviewed and it was concluded,
in consultation with the Solicitor, that the Wildlife and Sport Fish Restoration Acts administered
by the Service were not subject to Davis -Bacon provisions.
Wild link:
http://fawiki. fws.gov/display/WSFR/Davis-Bacon+Act
«3„ IMJJAH3VIIV
CERTIFICATIONS AND ASSURANCES REGARDING COMPLIANCE WITH UNIFORM
ADMINISTRATIVE REQUIREMENTS FOR FEDERALLY -FUNDED CONSTRUCTION PROGRAMS,
DEBARMENT, SUSPENSION, INELIGIBILITY, VOLUNTARY EXCLUSION — LOWER -TIER COVERED
TRANSACTIONS AND LOBBYING
Signature on this form provides for compliance with certification requirements under 15 CFR Part 26,
"Government -wide Debarment and Suspension (Non -procurement)" and 15 CFR Part 28, "New Restrictions
on Lobbying."
Examination of Records. The undersigned
hereby certifies and assures that it will give the
awarding agency, the Comptroller General of the
United States and, if appropriate, the State, the
right to examine all records, books, papers, or
documents related to the assistance; and
establish a proper accounting system in
accordance with generally accepted accounting
standards or agency directives. It shall retain all
records pertinent to expenditures Incurred under
this Agreement for a period of five (5) years after
the termination of all activities funded under this
Agreement or after the resolution of all Federal
audit findings, whichever occurs later.
Review and Approval of Plans and
Specifications. The undersigned hereby
certifies and assures that it will comply with the
requirements of the assistance awarding agency,
the direct recipient of assistance funding, and/or
Its partners or assigns with regard to the drafting,
review and approval of construction plans and
specifications.
Competent Supervision. The undersigned
hereby certifies and assures that it will provide
and maintain competent and adequate
engineering supervision at the construction site to
ensure that the complete work conforms to the
approved plans and specifications and furnish
progressive reports and such other information as
may be required by the assistance awarding
agency or State.
Timely Execution of the Scope of Work. The
undersigned hereby certifies and assures that it
will initiate and complete the work within the
applicable time frame after receipt of approval of
the awarding agency.
Buy American Provision. The Buy American
Act (41 U.S.C. 10) provides that the Government
give preference to domestic construction
material. Components, used In this clause,
means those articles, materials, and supplies
Incorporated directly Into construction materials.
Construction material, as used In this clause,
means an article, material, or supply brought to
the construction slte for Incorporation into the
building or work. Construction material also
includes an item brought to the site pre -
assembled from articles, materials or supplies.
However, emergency life safety systems, such as
emergency lighting, fire alarm, and audio
evacuation systems, which are discrete systems
incorporated into a public building or work and
which are produced as a complete system, shall
be evaluated as a single and distinct construction
material regardless of when or how the individual
parts or components of such systems are
delivered to the construction site. Domestic
construction material, as used in this clause,
means (a) an unmanufactured construction
material mined or produced in the United States,
or (b) a construction material manufactured in the
United States, If the cost of its components
mined, produced, or manufactured in the United
States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the
same class or kind as the construction materials
determined to be unavailable pursuant to §
12.810(a)(3) of43 CFR part 12, subpart E shall be
treated as domestic. The undersigned agrees
that only domestic construction material will be
used by the contractor, subcontractors, material -
men, and suppliers in the performance of this
agreement, except for foreign construction
materials, if any, listed in this agreement
Subcontracts. The undersigned must require all
Subcontract Agreements to contain specific
language in reference to the requirements for
Subcontractors and/or Purchasers regarding
debarment, exclusion, suspension, anti -collusion,
drug-free workplace, and applicable Buy
American Provisions. The undersigned assures
that no award (subgrant or contract) at any tier
CLAP Program Certifications and Assurances Pearland !HEC Trails Project
will be made to any party which is not registered
with the System for Award Management at
www.sam.qov.
Conflict of Interest. The undersigned hereby
certifies and assures that it will establish
safeguards to prohibit employees from using their
positions for a purpose that constitutes or
presents the appearance of personal or
organizational conflict of interest, or personal
gain.
Lead -Based Paint. The undersigned hereby
certifies and assures that it will 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 residence structures.
Fair and Equal Employment Opportunity. The
undersigned agrees that It shall utilize the
principles provided in President's Executive
Order 11248 of September 24, 1965.
Women/Minority Business Enterprise. In
accordance with state law, the undersigned
agrees to assist Historically Underutilized
Businesses (HUBs) whenever possible when
providing goods and services. The undersigned
also agrees that it shall put forth identifiable
efforts to afford minority- and women -owned
business enterprises the maximum practicable
opportunity to participate in the performance of
this contract. As used In these Certifications and
Assurances, the term "minority and women
business enterprise" means a business at least
fifty-one (51) percent owned and controlled by
minority group members or women. 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.
EEO/AA Statement. The undersigned will, in all
applicable solicitations or advertisements for
employees placed by It or on Its behalf, state that
it is an Equal Opportunity Employer.
Nondiscrimination. The undersigned hereby
certifies and assures that it will comply with all
Federal statutes relating to nondiscrimination.
These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1984 (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; (d) the Age
Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits
dlscnmination 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
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. §§290 dd-
3 and 290 ee 3), as amended, relating to
confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of
1968 (42 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
statue(s) under which application for Federal
assistance is being made; and (j) the
requirements of any other nondiscrimination
statue(s) which may apply to the application.
Hatch Act Compliance. The undersigned
hereby certifies and assures that it will comply
with the provisions of the Hatch Act (5 U.S.C.
§§1501-1508 and 7324-7328), including its most
recent and current amendments and revisions,
which limit the political activities of employees
whose principal employment activities are funded
In whole or in part with Federal funds.
Flood Insurance. The undersigned hereby
certifies and assures that It will comply with flood
insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of
1973 (P.L. 93-234) which requires recipients in a
special flood hazard area to participate In the
program and to purchase flood Insurance If the
total cost of Insurable construction and
acquisition is $10,000 or more.
Compliance with Environmental Standards.
The undersigned hereby certifies and assures
that it will comply with environmental standards
which may be prescribed pursuant to the
following: (a) institution of environmental quality
control measures under the National
Environmental Policy Act of 1969 (P.L. 91- 190)
CLAP Program Certifications and Assurances Pearland JHEC Trails Project
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 (18
U.S.C. §§1451 et seq.); (f) conformity of Federal
actions to State (Clean Air) implementation Plans
under Section 176(c) of the Clean Air Act of 1955,
as amended (42 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 (Pl. 93-205).
Preservation, Conservation 8 Wildlife
Protection. The undersigned hereby certifies
and assures that it will 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. The undersigned also
agrees to assist the awarding agency in assuring
compliance with Section 106 of the National
Historic Preservation Act of 1986, as amended
(16 U.S.C. §470), EO 11593 (identification and
protection of historic properties), and the
Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq).
General Compliance with Federal
Regulations. The undersigned hereby certifies
and assures that it will comply with all applicable
requirements of all other Federal laws, executive
orders, regulations, and policies governing this
program; specifically, 43 CFR Part 12, Subpart A,
Administrative and Audit Requirements and Cost
Principles for Assistance Programs.
Ari i istra itie Guiders. OMB Circular A-102,
Grants and Cooperafve Agreements with State
and Local Governments 43 CFR Part 12, Subpart
C, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and
Local Governments.
Cost Principles. 2 CFR Part 225, Cost Principles
for State, Local, and Indian Tribal Governments
(OMB Circular A-87)
A i It Reau 4rem n`s OMB Circular A-133, Audits
of ttates, Local Governments, and Non -Profit
Organizations
Other Requirements.
2 CFR Part 25, Universal Identifier and Central
Contractor Registration
2 CFR Part 170, Reporting Subawards and
Executive Compensation
2 CFR Part 175, Award Term for Trafficking in
Persons (applicable to private entity sub -
recipients)
2 CFR Part 1400, Government -wide Debarment
and Suspension (Non -procurement)
2 CFR Part 1401, Requirements for Drug -Free
Workplace (Financial Assistance)
43 CFR 18, New Restrictions on Lobbying:
Submission of an application also represents the
applicant's certification of the statements in 43
CFR Part 18, Appendix A, Certification Regarding
Lobbying.
41 USC §6306, Prohibition on Members of
Congress Making Contracts with Federal
Government: No member of or delegate to
Congress or Resident Commissioner shall be
admitted to any share or part of this award, or to
any benefit that may arise therefrom; this
provision shall not be construed to extend to an
award made to a corporation for the public's
general benefit.
Executive Order 13513, Federal Leadership on
Reducing Text Messaging while Driving:
Recipients are encouraged to adopt and enforce
policies that ban text messaging while driving,
including conducting initiatives of the type
described in section 3(a) of the order.
Religious Organizations. The undersigned
agrees that funds provided under this Agreement
will be utilized In a manner consistent with that
which is outlined in 43 CFR 426.9 — Religious or
Charitable Organizations. Financial support of
secular religious activities, promotion of secular
religious Interests, or the financial benefit of a
religious organization in accordance with federal
regulations are all specifically prohibited uses of
federal funds. Only non -secular program activity
costs shall be supported by this Agreement, and
in accordance with federal regulations.
Whistleblower Protection for CIAP Grants. All
employees working under this Agreement are
CLAP Program Certifications and Assurances Pearland JHEC Trails Project
subject to the whistleblower rights and remedies
In the Pilot Program for Enhancement of
Recipient and Subrecipient Employee
Whistleblower Protection, established at 41
U.S.C. 4712 by section 828 of the National
Defense Authorization Act for Fiscal Year 2013
(P.L. 112-239). The undersigned shall inform Its
employees in writing, in the predominate
language of its workforce, of employee
whistleblower rights and protections under 41
U.S.0 4712.
Trafficking. The undersigned hereby certifies
and assures that It will comply with the
requirements of Section 106(g) of the Trafficking
Victims Protection Act (TVPA) of 2000, as
amended (22 U.S.C. 7104) which prohibits grant
award recipients or a sub -recipient from (1)
Engaging in severe forms of trafficking In persons
during the period of time that the award Is in effect
(2) Procuring a commercial sex act during the
period of time that the award Is in effect or (3)
Using forced labor in the performance of the
award or sub -awards under the award.
Debarment, Suspension, Ineligibility and
Voluntary Exclusion. As required by executive
Order 12549, Debarment and Suspension, and
implemented at 15 CFR Part 26, Section 28.510,
Participants responsibilities, for prospective
participants in lower tier covered transactions
(except subcontracts for goods or services under
the $25,000 small purchase threshold unless the
sub-tler recipient will have a critical influence on
or substantive control over the award), as defined
at 15 CF Part 26, Sections 26.105 and 26.110—
(1) The prospective lower tler participant certifies,
by signing this document, that neither it nor its
principals Is presently debarred, suspended,
proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this
transaction by any Federal department or
agency. (2) Where the prospective lower tier
participant Is unable to certify to any of the
statements In this certification, such prospective
participant shall attach an explanation to this
proposal.
Labor Standards and Wages. The undersigned
agrees to cause any and all subcontractors or
other sub -tiers that receive federal funds under
thls agreement to use prevailing local wages for
all construction projects over $2,000, and to 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.
Lobbying. As required by Section 1352, Title 31
of the U.S. Code, and Implemented at 15 CFR
Part 28, for persons entering into a grant,
cooperative agreement or contract over $100,000
or a loan or loan guarantee over $150,000 as
defined at 15 CFR Part 28, Sections 28.105 and
28.110, the applicant has certified that 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 any 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 any agency, a
Member of Congress, an officer or employee of
Congress, or an employee of a member of
Congress In connection with this Federal
contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report
Lobbying." in accordance with its instructions. (3)
The undersigned shall require that the language
of this certification be Included In the award
documents for all sub -awards at all tiers
(including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall
certify and disclose accordingly. This certification
is a material representation of fact upon which
reliance was placed when this transaction was
made or entered into. Submission of this
certification Is a prerequisite for making or
entering into this transaction imposed by 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 than $100,000 for each such failure.
Copeland Antl-Kickback Act. All contracts and
sub -grants In excess of $100,000 for construction
or repair awarded by recipients and subrecipients
shall comply with the Copeland "Anti -Kickback"
Act (18 U.S.C. 874), as supplemented by
Department of Labor regulations (29 CFR part 3,
CIAP Program Certifications and Assurances Pearland JHEC Trails Project
"Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States").
The undersigned shall be prohibited from
inducing, by any means, any person employed In
the construction, completion, or repair of public
work, to give up any part of the compensation to
which he is otherwise entitled. The recipient shall
report all suspected or reported violations to the
Federal awarding agency (18 U.S.C. 874 and 40
U.S.C. 276c).
False Claims. The undersigned agrees to abide
by 18 U.S.C. 286, which provides for conspiracy
to defraud the Federal Government with Respect
to Claims. In addition, CONTRACTOR 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.
Statement for Loan Guarantees and Loan
Insurance. The undersigned states, to the best
of his or her knowledge and belief, that: If any
funds have been paid or will be paid to any person
for influencing or attempting to influence an
officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or
an employee of a Member of Congress in
connection with this commitment providing for the
United States to insure or guarantee a loan, the
undersigned shall complete and submit Standard
Form- LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
Submission of this statement 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 statement shall be
subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
As the duly authorized representative of the prime contractor, subcontractor,
subreciplent and/or other sub -award entity, I hereby certify and assure that the entity 1
represent as stated below will comply with the above applicable certifications and
assurances.
SIGNATURE OF AUTHORIZ EPRESENTATIVE OFFICIAL PROJECT NAME/IDENTIFIER
644i 0 1. —1)1-ag..1a N1)
v C C Sta MCA' 45514141r
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Qasibk. I o fel �l n
CTAP Program Certifications and Assurances Pearland JHEC Trails Project
«Q„ IMJJNHJVIIV
MONTHLY PROGRESS REPORT
Date Reporting Period
Project Title
Subgrantee
Project Manger Telephone No.
Email Address
1. Description of the status of the Project (started, finished, percentage completed)
2. Description of Work Plan accomplishments during this reporting period
3. Identification of any problems or obstacles encountered (e.g., delays), remedial action taken,
and a revised schedule, if appropriate. If the project is ahead of schedule, explain why.
4. Description of activities that should occur during the next month
Deliverable(s) submitted with this progress report:
CIAP Project Closeout
Final Project Report
(Project Name)
• Provide a brief description of the project goal (include location of the property if land
acquisition).
• Identify whether the original goal of the project was met or, if not, why the goal was
modified.
• Summarize all significant project milestones, including dates for each action.
• List work products completed and deliverable submittal dates.
• Identify any problems or obstacles encountered and remedial action taken (if any).
• Include digital photos and any material that promotes your project success (news articles,
flyers, etc.).
• Identify any equipment that was purchased using CIAP funds. Provide model and serial
numbers.
Attach all outstanding deliverables.
Page 1 of 2
CIAP Project Closeout
Total Project Costs (ALL FUNDING SOURCES) $
Trail
Site Amenities
Additional Parking
General
Signs
Project Subtotal
Mobilization
Project Total
Original Budget
$387,765.00
$20,390.00
$12,580.00
$12,700.00
$16,419.36
$449,854.36
$13,495.63
$463,349.99
CIAP BUDGET
Total Expenses FINAL Budget
The undersigned certifies that this is the true and correct Final Budget for CIAP.
Project Title
Signature
Printed Name
/ /
Date