R2018-102 2018-06-11 RESOLUTION NO. R2018-102
A Resolution of the City Council of the City of Pearland, Texas, amending an
Advanced Funding Agreement with the Texas Department of Transportation
("TxDOT"),for the Hughes Ranch Road Improvement Project(Cullen Parkway
to Smith Ranch Road).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain AmendedAdvance Funding Agreement by and between the City
of Pearland and TxDOT, 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 an Amended Advance Funding Agreement with TxDOT, for the Hughes
Ranch Road Improvement Project.
PASSED, APPROVED and ADOPTED this the 11th day of Jun A.D., 2018.
TOM REID
MAYOR
ATTEST:
Yo G LO'rgrif T'A C ;�,
4 T.
I YSE A: •
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CSJ#0912-31-311
District# 12- Houston
Code Chart 64#32150
Project: Hughes Ranch Road
Federal Highway Administration
CFDA Title: Highway Planning & Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT C-1
PROJECT BUDGET
Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the Federal funding
reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs.
Total Estimated Federal Participation State Participation Local Participation
Description Cost CosiCost Cost
1
Engineering ;
(by Local Government) S 0% S 0% S 0% S -
(by Local Government} %°S 32.952,800 80% S 26,362,240 ! 0 S - 20% S 6,590,560
Subtotal S 32.952,800 S 26,362240 5 - S 6,590,560
Environmental Direct S 100 ' 80% S 80 0% S - 20% S 20 i
State Costs
Right of Way Direct
State Costs S 100 80% S 80 . 0% S -- 20% $ 20
Engineering Direct State/
Costs $ 30,000 80%i S 24,000 ' 0%,S - I 20% S 6,000
1 1
Utility Direct State Costs; S 1.000 80% S 800 0 S - 20% S 200
Construction Direct S 200,000 80%! S 160,000 0' S - 20% S 40.000
State Costs
Indirect State Costs S 11.880 0%I S - 10-0% S 11.880 0%, S -
TOTAL S 33,195,880 S 26,547.200 S 11.880 S 6,636.800
Initial payment by the Local Government to the State: $6,240
Payment by the Local Government to the State before construction: $40,000
Estimated total payment by the Local Government to the State $46,240
This is an estimate.
The final amount of Local Government participation will be based on actual costs.
AFA—AFA_Amend Page 6 of 6 Revised 03/23/16
Resolution No. 2018-102 CSJ #0912-31-311
Exhibit A District# 12 - Houston
Code Chart 64#32150
Project: Hughes Ranch Road
Federal Highway Administration
CFDA Title: Highway Planning & Construction
CFDA No.: 20.205
Not Research and Development
Exhibit A
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
AMENDMENT # 1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and the City of Pearland, acting by and through its
duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on January 22 of 2018 to
effectuate their agreement for the reconstruction and widening of Hughes Ranch Road (CR 403) from
Smith Ranch Road to Cullen Parkway, from two-lane asphalt to a four lane divided concrete curb and
gutter roadway including storm sewer, outfalls and detention, traffic signals, median, shoulders, and a
sidewalk; and,
WHEREAS, it has become necessary to amend that contract to correct federal and local funding for
construction.
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
a) Article 9. Compliance with Texas Accessibility Standards and ADA, is deleted in its entirety
and replaced with:
9. Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all
projects subject to this Agreement are in compliance with standards issued or approved by
the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with
minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336)
(ADA).
AFA—AFA_Amend Page 1 of 6 Revised 03/23/16
CSJ#0912-31-311
District# 12- Houston
Code Chart 64#32150
Project: Hughes Ranch Road
Federal Highway Administration
CFDA Title: Highway Planning & Construction
CFDA No.: 20.205
Not Research and Development
b) Article 21. Procurement and Property Management Standards, is deleted in its entirety and
replaced with:
21. Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement standards established in
Title 49 CFR §18.36, to the property management standards established in 2 CFR 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, and to the Texas Uniform Grant Management Standards. The State must pre-
approve the Local Government's procurement procedures for purchases to be eligible for
state or federal funds.
c) Article 29. Single Audit Report, is deleted in its entirety and replaced
with:
29. Single Audit Report
If federal funds are used:
A. The parties shall comply with the single audit report requirements stipulated in 2 CFR
200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards.
B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable)
to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact
TxDOT's Compliance Division by email at singleaudits@a,txdot.gov.
C. If expenditures are less than the threshold during the Local Government's fiscal year,
the Local Government must submit a statement to TxDOT's Compliance Division as
follows: "We did not meet the $ expenditure threshold and therefore, are not
required to have a single audit performed for FY
D. For each year the Project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the Agreement, unless
otherwise amended or the Project has been formally closed out and no charges have
been incurred within the current fiscal year.
d) Article 30. Pertinent Non-Discrimination Authorities, is deleted in its entirety and replaced
with:
30. Pertinent Non-Discrimination Authorities
During the performance of this Agreement, each party, for itself, its assignees, and
successors in interest agree to comply with the following nondiscrimination statutes and
authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro-
hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of federal or federal-aid programs and projects).
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
AFA—AFA_Amend Page 2 of 6 Revised 03/23/16
CSJ#0912-31-311
District# 12- Houston
Code Chart 64#32150
Project: Hughes Ranch Road
Federal Highway Administration
CFDA Title: Highway Planning & Construction
CFDA No.: 20.205
Not Research and Development
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin, or
sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the federal-aid recipients, subrecipients and contractors,
whether such programs or activities are federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131-12189) as implemented by Department of Transportation regulations at 49
C.F.R. parts 37 and 38.
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, the parties must take reasonable steps to ensure that LEP persons have
meaningful access to the programs (70 Fed. Reg. at 74087 to 74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties
from discriminating because of sex in education programs or activities (20 U.S.C. 1681
et seq.).
e) ATTACHMENT A, Resolution or Ordinance is amended by adding Attachment A-1,
Resolution or Ordinance, Which is attached and made part of the agreement.
f) ATTACHMENT C, PROJECT BUDGET, is deleted in its entirety and replaced with
ATTACHMENT C-1 attached to and made part of this amendment.
All other provisions of the original contract are unchanged and remain in full force and effect.
AFA—AFA_Amend Page 3 of 6 Revised 03/23/16
CSJ #0912-31-311
District# 12- Houston
Code Chart 64#32150
Project: Hughes Ranch Road
Federal Highway Administration
CFDA Title: Highway Planning& Construction
CFDA No.: 20.205
Not Research and Development
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVER NT
Tom Reid, Mayor
City of Pearland
Dle , 11. 1$
Date
THE STATE OF TEXAS
fLLA
a
Whitney Nalle
Contract Support Section Director
Texas Department of Transportation
iV4I&
Date
AFA—AFA_Amend Page 4 of 6 Revised 03/23/16
CSJ #0912-31-311
District# 12- Houston
' Code Chart 64 #32150
Project: Hughes Ranch Road
Federal Highway Administration
CFDA Title: Highway Planning & Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT A-1
RESOLUTION OR ORDINANCE
AFA—AFA_Amend Page 5 of 6 Revised 03/23/16