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R2002-0063 04-22-02 RESOLUTION NO. R2002-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT OF FOUR BRIDGES THROUGH THE OFF-SYSTEM BRIDGE REPLACEMENT PROGRAM. WHEREAS, the federal off-system bridge program is administered by the Texas Department of Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets off the designated state highway system; and WHEREAS, the City of Pearland, hereinafter referred to as the Local Government, owns bridges located at Robison Drive/Hickory Slough, Old Alvin Road/Hickory Slough, Old Alvin Road/Town Ditch, and Old Alvin/Mary's Creek. WHEREAS, the estimated local match fund participation requirement for the approved federal-off-system bridge projects are: CSJ 0912-31-103 Old Alvin Road / Mary's Creek $80,065 CSJ 0912-31-129 Old Alvin Road / Town Ditch $62,738 CSJ 0912-31-130 Old Alvin Road / Hickory Slough $62,737 CSJ 0912-31-131 Robinson Road / Hickory Slough $41,140 now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contracts by and between the City of Pearland and the Texas Department of Transportation, copies of which are attached hereto as Exhibit "A", "B", "C" and "D" and made a part hereof for all purposes, are hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest contracts with Texas Department of .Transportation for Resolution No. R2002-63 replacement of four bridges through the off-system bridge replacement program. PASSED, APPROVED and ADOPTED this the__ A.D., 2002. 22 dayof April TOM REID MAYOR ATTEST: YOL~G LOI~INC¢''/ CIT'~ECR~ARY APPROVED AS TO FORM: DAR-'RIN M. COKER CITY ATTORNEY STATE OF TEXAS § COUNTY OF TRAVIS § County: CS J: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: Exhibit "A" R2002-63 (C [ 7t y , CITY ORIGINAL Brazoria 0912-31-103 Old Alvin Road At Marys Creek 120200MO1825001 Old Alvin Road ADVANCE FUNDING AGREEMENT For Bridge Replacement or Rehabilitation Off' the State System THIS Advance Funding Agreement (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Pearland, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Title 23, United States Code (23 USC), authorizes federal funds to assist local governments in the replacement or rehabilitation of deficient bridges located on a public road or street within its jurisdiction; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns a bridge or bridges located on a public road or street located at Old Alvin Road at Marys Creek and said bridge(s) is included in the currently approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order number 108653, dated September 2001; and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment A and which provides for development of the specific programmed replacement or rehabilitation project, hereinafter called the "Project", identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Page 1 - 11 Bridge Division 9-2001-L. 1 AGREEMENT 1. Period of this Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. 2. Conditions for Termination of this Agreement a. The Agreement is terminated in writing with the mutual consent of the parties; or b. Breach of this Agreement, in which case any cost incurred shall be paid by the breaching party; or c. If the Local Government elects not to develop the project and the project does not proceed, in which case the Local Government agrees to reimburse the State for 100 percent of its reasonable actual direct and indirect costs incurred for the project. 3. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon, written amendment executed by all parties to this Agreement. 4. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 5. Scope of Work The scope of work for this Agreement is the replacement or rehabilitation of the bridge(s) identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications and estimates developed in accordance with this Agreement and which are incorporated herein by reference. 6. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. The Local Government authorizes the State, its consultant, contractor, or other designated representative to enter the site(s) of said bridge(s) and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. Page 2 - 11 Bridge Division 9-2001-L.1 7. Adjustment of Utilities The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. 8. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. b. Cost participation in environmental assessment and remediation work shall be paid by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment D, "Estimate of Direct Costs". c. The State is responsible for providing any public meetings or public heatings required for development of the environmental assessment The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of the Project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services will be Provided by the State The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. Page 3 - 11 Bridge Division 9-2001-L.1 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. Upon completion of the Project, the State will issue a "Notification of Completion" acknowledging the Project's construction completion. 12. Project Maintenance After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. 13. Local Project Sources and Uses of Funds a. A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs". b. Attachment D provides a source of funds estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government. c. The required Local Government participation is based solely upon the State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. d. After execution of this Agreement, but thirty (30) days prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment D for the Local Government's contribution for preliminary engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering. e. Forty-five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owing. f. If at the completion or termination of the Project the State determines that additional funding is required by the Local Government, the State shall notify the Local Page 4 - 11 Bridge Division 9-2001-L.1 14. Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. g. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the Local Government. i. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is tenrtinated before completion at the request of the Local Government as addressed in the Termination provision of this Agreement. j. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC § 15.52, this Agreement will clearly state the amount of the fixed price or the incremental payment schedule. k. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. If applicable, in consideration of such EDC status that may be applicable for the Project, the required local match fund participation has been adjusted to N/A percent as authorized by Texas Transportation Commission Minute Order Number N/A, dated N/A. 1. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this Agreement. Performance by Local Government of Equivalent-Match Projects (EMPs) in Return for Waiver of Local Match Participation Funding on Participation-Waived Projects (PWPs) a. Applicability. Ifa request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct Costs", but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural improvement on "other" bridge structures within the Local Government's jurisdiction and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined to be a Participation-Waived Project (PWP) and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the Equivalent-Match Project(s) (EMP). Attachment C to this Agreement shows a list of EMP(s) under this Agreement. b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering and construction costs for the PWP in total and local match fund participation being waived, or partially waived. c. Credit Against EMP Work. Any local match fund participation that has already been paid, or which the Local Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit(s) will be reflected in Attachment D to this Agreement. Page 5 - 11 Bridge Division 9-2001-L.1 15. d. Responsibilities of the Local Government on EMP(s). (1) The Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicable state and federal environmental regulations and permitting requirements. (2) The structural improvement work on the EMP(s) shall be performed subsequent to the final execution of this Agreement but within three (3) calendar years after the earliest contract award of the related PWP(s). (3) Written documentation, suitable for audit, of the structural improvement work completed on the EMP(s) shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related thereto, whichever is longer. A notice of completion of work on the EMP(s) shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMP(s). (4) Failure by the Local Government to adequately complete the EMP(s) within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. e. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State 100 percent of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and 100 percent of the costs resulting from additional work on the PWP performed solely at the request of the Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids for construction of the PWP. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Mr. Gary K. Trietsch, P.E. District Engineer Texas Department of Transportation P. O. Box 1386 Houston, Texas 77251-1386 Page 6 - 11 Bridge Division 9-2001-L.1 Local Government: The Honorable Tom Reid Mayor, City of Pearland 3319 Liberty Drive Pearland, Texas 77581 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carded out by the other party. 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 17. Responsibilities of the Parties The parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Page 7 - 11 Bridge Division 9-2001-L.1 20. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting this Agreement's subject matter. 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 22. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR § 18.36 and with the property management standard established in Title 49 CFR §18.32. 23. Inspection of Books and Records The parties to the Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 24. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A- 128 through August 31, 2000 and stipulated in OMB Circular A- 133 after August 31, 2000. 25. Civil Rights Compliance The parties to this Agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). Page 8 - 11 Bridge Division 9-2001-L.1 26. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 27. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 28. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of 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. b. 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 federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties 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. By executing this Agreement, the parties affirm this lobbying certification with respect to the Project and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. 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. Page 9 - 11 Bridge Division 9-2001-L.1 29. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. 30. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. Page 10 - 11 Bridge Division 9-2001-L. 1 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT Signature Bi 11 Ei sen Title: Date: Printed Name of Signatory City Manager APril 22, 2002 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. M~ Lou Ralls, P.E. Director, Bridge Division Date: Page 11 - 11 Bridge Division 9-2001-L.1 ATTACHMENT A RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT Bridge Division 6-2001-L. 1 CERTIFICATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA, HARRIS, & FT. BEND § I, Melinda K. Welsh, Deputy City Secretary of the City of Peadand, Texas, hereby certify that the attached constitutes a true and correct copy of Resolution No. R2002-63; duly passed and approved by the City Council on the 22~ day of April, 2002. Witness my hand and seal of the City of Peadand, Texas, this 24th day of Apdl, 2002, at Peadand, Texas. Melinda K. Welsh Deputy City Secretary ,(SEAL) 3519 LIB ERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · 281-652-1600 · www.ci.pearland.tx.us Printed on Recycled Paper RESOLUTION NO. R2002-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT OF FOUR BRIDGES THROUGH THE OFF-SYSTEM BRIDGE REPLACEMENT PROGRAM. WHEREAS, the {ederal off-system bridge program is administered by the Texas Department of Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets off the designated state highway system; and WHEREAS, the City of Pearland, hereinafter referred to as the Local Government, owns bridges located at Robison Drive/Hickory Slough, Old Alvin Road/Hickory Slough, Old Alvin Road/Town Ditch, and Old Alvin/Mary's Creek. WHEREAS, the estimated local match fund participation requirement for the approved federal off-system bridge projects are: CSJ 0912-31-103 Old Alvin Road / Mary's Creek $80,065 CSJ 0912-31-129 Old Alvin Road /Town Ditch $62,738 CSJ 0912-31-130 Old Alvin Road / Hickory Slough $62,737 CSJ 0912-31-131 Robinson Road / Hickory Slough $41,140 now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contracts by and between the City of Pearland and the Texas Department of Transportation, copies of which are attached hereto as Exhibit "A", "B", "C" and "D" and made a part hereof for all purposes, are hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest contracts with Texas Department of Transportation for Resolution No. R2002-63 replacement of four bridges through the off-system bridge replacement program. PASSED, APPROVED and ADOPTED thisthe 22 dayof April A.D.,2002. TOM REID MAYOR ATTEST: YOL~G LOR/I~IN~/-~r CIT~,~B ECRE~ARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY SHARON .BRAZORIA BROOKSIDE VILLAGE Pop 1,470 DUBUN LAURIE GARDENIA MANRY ELLfN I _ CITY CITY CLEO KNAPP South Park Cemetery Old Pearland SHANK / · Ressurection Cemetery SCOTT PEARLAND Pop 18,697 HI~c'ORV 5~ 006/4 A/lC/COle Y .¢ L O U 6 /Y DAUGHTERY Dads Club Community Park MEADOW SILSBEE BECKY COTTONWOOD RAZA FITE i McLean Road Park ACRES MAGNOUA SPRINGCREEK MAGNOOA GRACE JENKINS HERBERT County: CS J: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: Brazoria 0912-31-103 Old Alvin Road At Marvs Creek 120200MO1825001 Old Alvin Road ATTACHMENT C (See Note ***) LIST OF DISTRICT ENGINEER APPROVED EQUIVALENT-MATCH PROJECT(S) (EMP) Location (and structure On School Historic Description of Structural Estimated Cost identification number, Bus Route? Bridge? Improvement Work if applicable) (Yes/No) (Yes/No) Total EMP work credited to this PWP (See Note *) Balance of EMP work credited to associated PWP(s) Associated PWP(s) (See Note **) Note *: This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Attachment D. Note **: List control-section-job (CS J) number(s) for associated PWP(s). Note ***: This attachment not applicable for non-Participation-Waived Projects (PWP). Bridge Division 6-2001-L.1 .County: CS J: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: Brazoria 0912-31-103 Old Alvin Road At Marys Creek 120200MO1825001 Old Alvin Road ATTACHMENT D ESTIMATE OF DIRECT COSTS Estimated Cost Local Government Participation Preliminary Engineering (PE) (1) Ten (10) Percent or EDC Adjusted Percent of PE for Local Government Participation Construction Engineering and Contingency (E&C) The Sum of Construction and E&C (2) Ten (10) Percent or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation Amount of Advance Funds Paid and/or to be Paid by Local Government * Balance of Local Government Participation Required or which is to be Waived where the Project is a PWP Total Project Direct Cost (1 +2) $67,000 $670,000 $ 63,650 $733,650 $800~650 (3) $6,700 (4) $73,365 (5) ($9,065 ) (3+4-5) $71,000 If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as Shown on Attachment C. * Credited Against Local Government Participation Amount Bridge Division 6-2001-L.1 STATE OF TEXAS § COUNTY OF TRAVIS § Exhibit "B" -CITY ORIGINAL County: CS J: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: Brazoria 0912-31-129 Old Alvin Road At Drainage Ditch 120200M01825003 Old Alvin Road ADVANCE FUNDING AGREEMENT For Bridge Replacement or Rehabilitation Off-the State System THIS Advance Funding Agreement (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Pearland, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Title 23, United States Code (23 USC), authorizes federal funds to assist local governments in the replacement or rehabilitation of deficient bridges located on a public road or street within its jurisdiction; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns a bridge or bridges located on a public road or street located at Old Alvin Road at Drainage Ditch and said bridge(s) is included in the currently approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order number 108653, dated September 2001; and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment A and which provides for development of the specific programmed replacement or rehabilitation project, hereinafter called the "Project", identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Page 1 - 11 Bridge Division 9-2001-L. 1 o AGREEMENT Period of this Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. Conditions for Termination of this Agreement a. The Agreement is terminated in writing with the mutual consent of the parties; or b. Breach of this Agreement, in which case any cost incurred shall be paid by the breaching party; or c. If the Local Government elects not to develop the project and the project does not proceed, in which case the Local Government agrees to reimburse the State for 100 percent of its reasonable actual direct and indirect costs incurred for the project. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon, written amendment executed by all parties to this Agreement. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. Scope of Work The scope of work for this Agreement is the replacement or rehabilitation of the bridge(s) identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications and estimates developed in accordance with this Agreement and which are incorporated herein by reference. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. The Local Government authorizes the State, its consultant, contractor, or other designated representative to enter the site(s) of said bridge(s) and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. Page 2 - 11 Bridge Division 9-2001-L. 1 o Adjustment of Utilities The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. b. Cost participation in environmental assessment and remediation work shall be paid by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment D, "Estimate of Direct Costs". c. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of the Project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P. L. 101 - 336) (ADA). 10. Architectural and Engineering Services will be Provided by the State The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. Page 3 - 11 Bridge Division 9-2001-L.1 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. Upon completion of the Project, the State will issue a "Notification of Completion" acknowledging the Project's construction completion. 12. Project Maintenance After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. 13. Local Project Sources and Uses of Funds a. A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs". b. Attachment D provides a source of funds estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government. c. The required Local Government participation is based solely upon the State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. d. After execution of this Agreement, but thirty (30) days prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment D for the Local Government's contribution for preliminary engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering. e. Forty-five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owing. f. If at the completion or termination of the Project the State determines that additional funding is required by the Local Government, the State shall notify the Local Page 4 - 11 Bridge Division 9-2001-L.1 14. Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. g. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the Local Government. i. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at the request of the Local Government as addressed in the Termination provision of this Agreement. j. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC § 15.52, this Agreement will clearly state the amount of the fixed price or the incremental payment schedule. k. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. If applicable, in consideration of such EDC status that may be applicable for the Project, the required local match fund participation has been adjusted to N/A percent as authorized by Texas Transportation Commission Minute Order Number N/A, dated N/A. 1. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this Agreement. Performance by Local Government of Equivalent-Match Projects (EMPs) in Return for Waiver of Local Match Participation Funding on Participation-Waived Projects (PWPs) a. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct Costs", but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural improvement on "other" bridge structures within the Local Government's jurisdiction and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined to be a Participation-Waived Project (PWP) and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the Equivalent-Match Proj ect(s) (EMP). Attachment C to this Agreement shows a list of EMP(s) under this Agreement. b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering and construction costs for the PWP in total and local match fund participation being waived, or partially waived. c. Credit Against EMP Work. Any local match fund participation that has already been paid, or which the Local Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit(s) will be reflected in Attachment D to this Agreement. Page 5 - 11 Bridge Division 9-2001-L. 1 15. d. Responsibilities of the Local Government on EMP(s). (1) The Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicable state and federal environmental regulations and permitting requirements. (2) The structural improvement work on the EMP(s) shall be performed subsequent to the final execution of this Agreement but within three (3) calendar years after the earliest contract award of the related PWP(s). (3) Written documentation, suitable for audit, of the structural improvement work completed on the EMP(s) shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related thereto, whichever is longer. A notice of completion of work on the EMP(s) shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMP(s). (4) Failure by the Local Government to adequately complete the EMP(s) within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. e. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State 100 percent of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and 100 percent of the costs resulting from additional work on the PWP performed solely at the request of the Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids for construction of the PWP. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Mr. Gary K. Trietsch, P.E. District Engineer Texas Department of Transportation P. O. Box 1386 Houston, Texas 77251-1386 Page 6 - 11 Bridge Division 9-2001-L. 1 Local Government: The Honorable Tom Reid Mayor, City of Pearland 3319 Liberty Drive Pearland, Texas 77581 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carded out by the other party. 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 17. Responsibilities of the Parties The parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Page 7 - 11 Bridge Division 9-2001-L.1 20. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting this Agreement's subject matter. 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 22. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR § 18.32. 23. Inspection of Books and Records The parties to the Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 24. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. 25. Civil Rights Compliance The parties to this Agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). Page 8 - 11 Bridge Division 9-2001-L.1 26. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 27. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 28. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of 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. b. 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 federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties 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. By executing this Agreement, the parties affirm this lobbying certification with respect to the Project and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. 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. Page 9 - 11 Bridge Division 9-2001-L.1 29. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. 30. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. Page 10- 11 Bridge Division 9-2001-L. 1 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: ~ Signature Bi 11 Ei sen Title: Date: Printed Name of Signatory City Manaqer April 22, 2002 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Mary Lou Ralls, P.E. Director, Bridge Division Date: ,5'"--/~' .-- ~'Z._ Page 11- 11 Bridge Division 9-2001-L.1 ATTACHMENT A RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT Bridge Division 6-2001-L. 1 CERTIFICATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA, HARRIS, & FT. BEND § I, Melinda K. Welsh, Deputy City Secretary of the City of Pearland, Texas, hereby certify that the attached constitutes a true and correct copy of Resolution No. R2002-63; duly passed and approved by the City Council on the 22" day of April, 2002. Witness my hand and seal of the City of Peadand, Texas, this 24t~ day of Apdl, 2002, at Peadand, Texas. Melinda K. Welsh Deputy City Secretary .(SEAL) Printed on Recycled Paper STATE OF TEXAS § COUNTY OF TRAVIS § Exhibit "C" ORIGINAL County: CS J: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: Brazoria 0912-31-130 Old Alvin Road At Hickory Slough 120200MO 1825002 Old Alvin Road ADVANCE FUNDING AGREEMENT For Bridge Replacement or Rehabilitation OtI the State System THIS Advance Funding Agreement (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Pearland, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Title 23, United States Code (23 USC), authorizes federal funds to assist local governments in the replacement or rehabilitation of deficient bridges located on a public road or street within its jurisdiction; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns a bridge or bridges located on a public road or street located at Old Alvin Road at Hickory Slough and said bridge(s) is included in the currently approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order number 108653, dated September 2001; and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment A and which provides for development of the specific programmed replacement or rehabilitation project, hereinafter called the "Project", identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Page 1 - 11 Bridge Division 9-2001-L.1 o o AGREEMENT Period of this Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. Conditions for Termination of this Agreement a. The Agreement is terminated in writing with the mutual consent of the parties; or b. Breach of this Agreement, in which case any cost incurred shall be paid by the breaching party; or c. If the Local Government elects not to develop the project and the project does not proceed, in which case the Local Government agrees to reimburse the State for 100 percent of its reasonable actual direct and indirect costs incurred for the project. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon, written amendment executed by all parties to this Agreement. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. Scope of Work The scope of work for this Agreement is the replacement or rehabilitation of the bridge(s) identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications and estimates developed in accordance with this Agreement and which are incorporated herein by reference. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. The Local Government authorizes the State, its consultant, contractor, or other designated representative to enter the site(s) of said bridge(s) and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. Page 2 - 11 Bridge Division 9-2001-L.1 7. Adjustment of Utilities The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. 8. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. b. Cost participation in environmental assessment and remediation work shall be paid by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment D, "Estimate of Direct Costs". c. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of the Project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services will be Provided by the State The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. Page 3 - 11 Bridge Division 9-2001-L.1 ' 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. Upon completion of the Project, the State will issue a "Notification of Completion" acknowledging the Project's construction completion. 12. Project Maintenance After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. 13. Local Project Sources and Uses of Funds a. A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs". b. Attachment D provides a source of funds estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government. c. The required Local Government participation is based solely upon the State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. d. After execution of this Agreement, but thirty (30) days prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment D for the Local Government's contribution for preliminary engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering. e. Forty-five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owing. f. If at the completion or termination of the Project the State determines that additional funding is required by the Local Government, the State shall notify the Local Page 4 - 11 Bridge Division 9-2001-L.1 14. Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. g. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the Local Government. i. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at the request of the Local Government as addressed in the Termination provision of this Agreement. j. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC § 15.52, this Agreement will clearly state the amount of the fixed price or the incremental payment schedule. k. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. If applicable, in consideration of such EDC status that may be applicable for the Project, the required local match fund participation has been adjusted to N/A percent as authorized by Texas Transportation Commission Minute Order Number N/A, dated N/A. 1. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this Agreement. Performance by Local Government of Equivalent-Match Projects (EMPs) in Return for Waiver of Local Match Participation Funding on Participation-Waived Projects (PWPs) a. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct Costs", but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural improvement on "other" bridge structures within the Local Government's jurisdiction and other conditions as specified in 43 TAC Section 15.55(d). Ifa waiver has been granted, the Project shall be defined to be a Participation-Waived Project (PWP) and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the Equivalent-Match Project(s) (EMP). Attachment C to this Agreement shows a list of EMP(s) under this Agreement. b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering and construction costs for the PWP in total and local match fund participation being waived, or partially waived. c. Credit Against EMP Work. Any local match fund participation that has already been paid, or which the Local Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit(s) will be reflected in Attachment D to this Agreement. Page 5 - 11 Bridge Division 9-2001-L.1 15. d. Responsibilities of the Local Government on EMP(s). (1) The Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicable state and federal environmental regulations and permitting requirements. (2) The structural improvement work on the EMP(s) shall be performed subsequent to the final execution of this Agreement but within three (3) calendar years after the earliest contract award of the related PWP(s). (3) Written documentation, suitable for audit, of the structural improvement work completed on the EMP(s) shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related thereto, whichever is longer. A notice of completion of work on the EMP(s) shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMP(s). (4) Failure by the Local Government to adequately complete the EMP(s) within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. e. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State 100 percent of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and 100 percent of the costs resulting from additional work on the PWP performed solely at the request of the Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids for construction of the PWP. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Mr. Gary K. Trietsch, P.E. District Engineer Texas Department of Transportation P. O. Box 1386 Houston, Texas 77251-1386 Page 6 - 11 Bridge Division 9-2001-L. 1 Local Government: The Honorable Tom Reid Mayor, City of Pearland 3319 Liberty Drive Pearland, Texas 77581 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 17. Responsibilities of the Parties The parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthlY basis as required by the State. The originals shall remain the property of the Local Government. 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Page 7 - 11 Bridge Division 9-2001-L. 1 '20. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting this Agreement's subject matter. 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 22. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR § 18.36 and with the property management standard established in Title 49 CFR §18.32. 23. Inspection of Books and Records The parties to the Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 24. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. 25. Civil Rights Compliance The parties to this Agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). Page 8- 11 Bridge Division 9-2001-L. 1 '26. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 27. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 28. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of 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. b. 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 federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties 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. By executing this Agreement, the parties affirm this lobbying certification with respect to the Project and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. 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. Page 9 - 11 Bridge Division 9-2001-L. 1 29. Successors and Assigns The State and the Local Govemment each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. 30. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. Page 10 - 11 Bridge Division . 9-2001-L. 1 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: Signa re~~~- Bil 1 Ei sen Title: Date: Printed Name of Signatory City Mana§er April 22, 2002 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. lr~... Mary Lou Ralls, P.E. Director, Bridge Division Date: - o-z__ Page 11- 11 Bridge Division 9-2001-L.1 ATTACHMENT A RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT /Bridge Division 6-2001-L.1 CERTIFICATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA, HARRIS, & FT. BEND § I, Melinda K. Welsh, Deputy City Secretary of the City of Pearland, Texas, hereby certify that the attached constitutes a true and correct copy of Resolution No. R2002-63; duly passed and approved by the City Council on the 22"~ day of April, 2002. Witness my hand and seal of the City of Peadand, Texas, this 24th day of Apdl, 2002, at Peadand, Texas. ,(SEAL) Melinda K. Welsh Deputy City Secretary 3519 LIBERTY DRIVE. PEARLAND, TEXAS 775gi-541~-i~ · ~1-652-1600. www.ci.pearland.tx.us Printed on Recycled Paper ~ County: CS J: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: STATE OF TEXAS § COUNTY OF TRAVIS § Exhibit "D" R2002-63 dCi/)l Brazoria 0912-31-131 Robinson Road At Hickory Slough 120200M02095001 Robinson Road CITY ORIOINAL ADVANCE FUNDING AGREEMENT For Bridge Replacement or Rehabilitation OII the State System THIS Advance Funding Agreement (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Pearland, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Title 23, United States Code (23 USC), authorizes federal funds to assist local governments in the replacement or rehabilitation of deficient bridges located on a public road or street within its jurisdiction; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns a bridge or bridges located on a public road or street located at Robinson Road at Hickory Slough and said bridge(s) is included in the currently approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order number 108653, dated September 2001; and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment A and which provides for development of the specific programmed replacement or rehabilitation project, hereinafter called the "Project", identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Page 1- 11 Bridge Division 9-2001-L. 1 o AGREEMENT Period of this Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. Conditions for Termination of this Agreement a. The Agreement is terminated in writing with the mutual consent of the parties; or b. Breach of this Agreement, in which case any cost incurred shall be paid by the breaching party; or c. If the Local Government elects not to develop the project and the project does not proceed, in which case the Local Government agrees to reimburse the State for 100 percent of its reasonable actual direct and indirect costs incurred for the project. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon, written amendment executed by all parties to this Agreement. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. Scope of Work The scope of work for this Agreement is the replacement or rehabilitation of the bridge(s) identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications and estimates developed in accordance with this Agreement and which are incorporated herein by reference. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. The Local Government authorizes the State, its consultant, contractor, or other designated representative to enter the site(s) of said bridge(s) and adjacent fight of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. Page 2 - 11 Bridge Division 9-2001-L.1 o Adjustment of Utilities The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. b. Cost participation in environmental assessment and remediation work shall be paid by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment D, "Estimate of Direct Costs". c. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of the Project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services will be Provided by the State The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. Page 3 - 11 Bridge Division 9-2001-L. 1 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. Upon completion of the Project, the State will issue a "Notification of Completion" acknowledging the Project's construction completion. 12. Project Maintenance After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. 13. Local Project Sources and Uses of Funds a. A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs". b. Attachment D provides a source of funds estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government. c. The required Local Government participation is based solely upon the State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. d. After execution of this Agreement, but thirty (30) days prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment D for the Local Government's contribution for preliminary engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering. e. Forty-five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owing. f. If at the completion or termination of the Project the State determines that additional funding is required by the Local Government, the State shall notify the Local Page 4 - 11 Bridge Division 9-2001-L.1 14. Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. g. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the Local Government. i. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at the request of the Local Government as addressed in the Termination provision of this Agreement. j. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC § 15.52, this Agreement will clearly state the amount of the fixed price or the incremental payment schedule. k. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. If applicable, in consideration of such EDC status that may be applicable for the Project, the required local match fund participation has been adjusted to N/A percent as authorized by Texas Transportation Commission Minute Order Number N/A, dated N/A. 1. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this Agreement. Performance by Local Government of Equivalent-Match Projects (EMPs) in Return for Waiver of Local Match Participation Funding on Participation-Waived Projects (PWPs) a. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct Costs", but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural improvement on "other" bridge structures within the Local Government's jurisdiction and other conditions as specified in 43 TAC Section 15.55(d). Ifa waiver has been granted, the Project shall be defined to be a Participation-Waived Project (PWP) and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the Equivalent-Match Proj ect(s) (EMP). Attachment C to this Agreement shows a list of EMP(s) under this Agreement. b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering and construction costs for the PWP in total and local match fund participation being waived, or partially waived. c. Credit Against EMP Work. Any local match fund participation that has already been paid, or which the Local Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit(s) will be reflected in Attachment D to this Agreement. Page 5 - 11 Bridge Division 9-2001-L.1 15. d. Responsibilities of the Local Government on EMP(s). (1) The Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicable state and federal environmental regulations and permitting requirements. (2) The structural improvement work on the EMP(s) shall be performed subsequent to the final execution of this Agreement but within three (3) calendar years after the earliest contract award of the related PWP(s). (3) Written documentation, suitable for audit, of the structural improvement work completed on the EMP(s) shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related thereto, whichever is longer. A notice of completion of work on the EMP(s) shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMP(s). (4) Failure by the Local Government to adequately complete the EMP(s) within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. e. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State 100 percent of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and 100 percent of the costs resulting from additional work on the PWP performed solely at the request of the Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids for construction of the PWP. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Mr. Gary K. Trietsch, P.E. District Engineer Texas Department of Transportation P. O. Box 1386 Houston, Texas 77251-1386 Page 6 - 11 Bridge Division 9-2001-L. 1 Local Government: The Honorable Tom Reid Mayor, City of Pearland 3319 Liberty Drive Pearland, Texas 77581 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carded out by the other party. 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 17. Responsibilities of the Parties The parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Page 7 - 11 Bridge Division 9-2001-L. 1 20. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting this Agreement's subject matter. 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 22. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR § 18.36 and with the property management standard established in Title 49 CFR § 18.32. 23. Inspection of Books and Records The parties to the Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 24. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. 25. Civil Rights Compliance The parties to this Agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). Page 8- 11 Bridge Division 9-2001-L.1 26. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 27. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 28. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of 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. b. 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 federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties 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. By executing this Agreement, the parties affirm this lobbying certification with respect to the Project and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. 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. Page 9 - 11 Bridge Division 9-2001-L. 1 29. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. 30. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. Page 10- 11 Bridge Division 9-2001-L.1 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: ~--_ Signature Bi 11 Ei sen Title: Printed Name of Signatory City Manager Dme: April 22, 2002 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. ,,_, Mary Lou Ralls, P.E. Director, Bridge Division Date: Page 11- 11 Bridge Division 9-2001 -L. 1 ATTACHMENT A RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT Bridge Division 6-2001-L.1 CERTIFICATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA, HARRIS, & FT. BEND § I, Melinda K. Welsh, Deputy City Secretary of the City of Pearland, Texas, hereby certify that the attached constitutes a true and correct copy of Resolution No. R2002-63; duly passed and approved by the City Council on the 22"~ day of April, 2002. Witness my hand and seal of the City of Peadand, Texas, this 24th day of Apdl, 2002, at Peadand, Texas. Melinda K. Welsh Deputy City Secretary ,(SEAL) 3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · 281-652-1600 · www.ci.pearland.tx.us Printed on Recycled Paper RESOLUTION NO. R2002-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT OF FOUR BRIDGES THROUGH THE OFF-SYSTEM BRIDGE REPLACEMENT PROGRAM. WHEREAS, the Cederal off-system bridge program is administered by the Texas Department of Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets off the designated state highway system; and WHEREAS, the City of Pearland, hereinafter referred to as the Local Government, owns bridges located at Robison Drive/Hickory Slough, Old Alvin Road/Hickory Slough, Old Alvin Road/Town Ditch, and Old Alvin/Mary's Creek. WHEREAS, the estimated local match fund participation requirement for the approved federal, off-system bridge projects are: CSJ 0912-31-103 Old Alvin Road / Mary's Creek CSJ 0912-31-129 Old Alvin Road / Town Ditch CSJ 0912-31-130 Old Alvin Road / Hickory Slough CSJ 0912-31-131 Robinson Road / Hickory Slough $80,065 $62,738 $62,737 $41,140 now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contracts by and between the City of Pearland and the Texas Department of Transportation, copies of which are attached hereto as Exhibit "A", "B", "C" and "D" and made a part hereof for all purposes, are hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the CitY Secretary to attest contracts with Texas Department of Transportation for Resolution No. R2002-63 replacement of four bridges through the off-system bridge replacement program. PASSED, APPROVED and ADOPTED this the 22 dayof Apr~l A.D.,2002. TOM REID MAYOR ATTEST: YO G LO C iTI~ECR~C~IARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 sib Exhibit "D" R2002-63 (C#y g eso/aft o n CITY ORIGINAL County: CSJ: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: STATE OF TEXAS COUNTY OF TRAMS § Brazoria 0912-31-131 Robinson Road At Hickory Slough 120200M02095001 Robinson Road ADVANCE FUNDING AGREEMENT For Bridge Replacement or Rehabilitation OH the State System THIS Advance Funding Agreement (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Pearland, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Title 23, United States Code (23 USC), authorizes federal funds to assist local governments in the replacement or rehabilitation of deficient bridges located on a public road or street within its jurisdiction; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns a bridge or bridges located on a public road or street located at Robinson Road at Hickory Slough and said bridge(s) is included in the currently approved off -state system federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order number 108653, dated September 2001; and • WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment A and which provides for development of the specific programmed replacement or rehabilitation project, hereinafter called the "Project", identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Page l-11 Bridge Division 9-2001-L.1 AGREEMENT 1. Period of this Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. 2. Conditions for Termination of this Agreement a. The Agreement is terminated in writing with the mutual consent of the parties; or b. Breach of this Agreement, in which case any cost incurred shall be paid by the breaching party; or c. If the Local Government elects not to develop the project and the project does not proceed, in which case the Local Government agrees to reimburse the State for 100 percent of its reasonable actual direct and indirect costs incurred for the project. 3. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon, written amendment executed by all parties to this Agreement 4. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 5. Scope of Work The scope of work for this Agreement is the replacement or rehabilitation of the bridge(s) identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications and estimates developed in accordance with this Agreement and which are incorporated herein by reference. 6. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. The Local Government authorizes the State, its consultant, contractor or other designated representative to enter the site(s) of said bridge(s) and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. Page 2 - 11 Bridge Division 9-2001-L 1 7. Adjustment of Utilities The Local Govermnent shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. 8. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of fedei al -aid proj ects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. b. Cost participation in environmental assessment and remediation work shall be paid by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment D, ` Estimate of Direct Costs' . c. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of the Project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P L 101-336) (ADA). 10. Architectural and Engineering Services will be Provided by the State The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. Page 3 - 11 Bridge Division 9-2001-L 1 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the awaid of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. Upon completion of the Project, the State will issue a "Notification of Completion" acknowledging the Pioject's construction completion. 12. Project Maintenance After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. 13. Local Project Sources and Uses of Funds a. A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs". b. Attachment D provides a source of funds estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government. c. The required Local Government participation is based solely upon the State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. d. After execution of this Agreement, but thirty (30) days prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the `Texas Department of Transportation" in the amount specified in Attachment D for the Local Government s contribution for preliminary engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering. e. Forty-five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owing f. If at the completion or termination of the Project the State determines that additional funding is required by the Local Government, the State shall notify the Local Page 4 - 11 Bridge Division 9-2001-L 1 Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. g. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the Local Government. i. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at the request of the Local Government as addressed in the Termination provision of this Agreement. j. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC § 15.52, this Agreement will clearly state the amount of the fixed price or the incremental payment schedule. k. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. If applicable, in consideration of such EDC status that may be applicable for the Project, the required local match fund participation has been adjusted to N/A percent as authorized by Texas Transpoitation Commission Minute Ordei Number N/A, dated N/A. 1. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this Agreement. 14. Performance by Local Government of Equivalent -Match Projects (EMPs) in Return for Waiver of Local Match Participation Funding on Participation -Waived Projects (PWPs) a. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct Costs", but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural improvement on "other" bridge structures within the Local Government's jurisdiction and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined to be a Participation -Waived Project (PWP) and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the Equivalent -Match Project(s) (EMP). Attachment C to this Agreement shows a list of EMP(s) under this Agreement. b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering and construction costs for the PWP in total and local match fund participation being waived, or partially waived. c. Credit Against EMP Woik. Any local match fund participation that has already been paid, or which the Local Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit(s) will be reflected in Attachment D to this Agreement. Page 5 - 11 Bridge Division 9-2001-L 1 d. Responsibilities of the Local Government on EMP(s). (1) The Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicable state and federal environmental regulations and permitting requirements. (2) The structural improvement work on the EMP(s) shall be performed subsequent to the final execution of this Agreement but within three (3) calendar years after the earliest contract award of the related PWP(s). (3) Written documentation suitable for audit, of the structural improvement work completed on the EMP(s) shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related thereto, whichever is longer. A notice of completion of work on the EMP(s) shall be delivered to the State's Distiict Engineer no later than thirty (30) calendar days after woilc is completed on the EMP(s). (4) Failure by the Local Government to adequately complete the EMP(s) within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. e. Funding of Ineligible or Additional Work Not Waived Regardless of any waiver of eligible program costs, the Local Government shall pay the State 100 percent of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and 100 percent of the costs resulting from additional work on the PWP performed solely at the request of the Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days piioi to the beginning of preliminary engineering work on the PWP If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids for construction of the PWP. 15. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Mr Gary K. Trietsch, P E District Engineer Texas Department of Transportation P. O. Box 1386 Houston, Texas 77251-1386 Page 6 - 11 Bridge Division 9-2001-L 1 Local Government: The Honorable Tom Reid Mayor, City of Pearland 3319 Liberty Diive Pearland, Texas 77581 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein Either party may change the above address by sending written notice of the change to the other party Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceabihty shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 17. Responsibilities of the Parties The parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the foitu of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Page 7 - 11 Bridge Division 9-2001-L 1 20. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting this Agreement's subject matter. 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 22. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR § 18.32. 23. Inspection of Books and Records The parties to the Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 24. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P L 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. 25. Civil Rights Compliance The parties to this Agreement shall comply with the regulations of the U.S Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). Page 8 - 11 Bridge Division 9-2001-L 1 26. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 27. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, `Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 28. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. b. c. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of 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. 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 federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, Disclosure Form to Report Lobbying," in accordance with its instructions. The parties 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. By executing this Agreement, the parties affirm this lobbying certification with respect to the Project and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. § 1352. 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. Page 9 - 11 Bridge Division 9-2001-L 1 29. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. 30. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. Page 10 - 11 Bridge Division 9-2001-L 1 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: Signature Bill Eisen Printed Name of Signatory Title: City Manager Date: April 22, 2002 THE STATE OF TEXAS • Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: tAr., Mary Lou Ralls, P.E. Director, Bridge Division Date: rA.z, Xe. Page 11 - 11 Bridge Division 9-2001-L.1 ATTACHMENT A RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT Bridge Division 6-2001-L 1 CERTIFICATION THE STATE OF TEXAS COUNTIES OF BRAZORIA, HARRIS, & FT BEND 1, Melinda K. Welsh, Deputy City Secretary of the City of Pearland, Texas, hereby certify that the attached constitutes a true and correct copy of Resolution No. R2002-63; duly passed and approved by the City Council on the 22nd day of April, 2002. Witness my hand and seal of the City of Pearland, Texas, this 24th day of April, 2002, at Pearland, Texas. (SEAL) Melinda K. Welsh Deputy City Secretary 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us Printed on Recycled Paper i�a RESOLUTION NO. R2002-63 A RESOLUTION OF THE CITY COUNCIL OF TH.E CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT OF FOUR BRIDGES THROUGH THE OFF -SYSTEM BRIDGE REPLACEMENT PROGRAM. WHEREAS, the federal off -system bridge program is administered by the Texas Department of Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets off the designated state highway system, and WHEREAS, the City of Pearland, hereinafter referred to as the Local Government, owns bridges located at Robison Dnve/Hickory Slough, Old Alvin Road/Hickory Slough, Old Alvin Road/Town Ditch, and Old Alvin/Mary's Creek. WHEREAS, the estimated local match fund participation requirement for the approved federal off -system bridge projects are: CSJ 0912-31-103 Old Alvin Road / Mary's Creek $80,065 CSJ 0912-31-129 Old Alvin Road / Town Ditch $62,738 CSJ 0912-31-130 Old Alvin Road / Hickory Slough $62,737 CSJ 0912-31-131 Robinson Road / Hickory Slough $41,140 now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contracts by and between the City of Pearland and the Texas Department of Transportation, copies of which are attached hereto as Exhibit "A" , "C" and "D" and made a part hereof for all purposes, are hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest contracts with Texas Department of Transportation for Resolution No. R2002-63 replacement of four bridges through the off -system bridge replacement program. PASSED, APPROVED and ADOPTED this the 22 day of A.D., 2002. C ATTEST: 11-14-7 YO�G LOIN CIT ECR .tARY APPROVED AS TO FORM: DARRIN M COKER CITY ATTORNEY 2 TOM REID MAYOR April I-1AR11IS O CC I 1 >- 0 cc 0 0 .oC ORAZORIA O 5101: aji- ly0Gti '9N BROOKSIDE . �9-� VILLAGE Pop 1,470 A x MANRY ELLEN BROOKSIDE PEARL AND SHARON 1 w O a gcC WELLBORN VILLAGE CITY cc W CITY cc 1 BUTLEIR J w —J U Y � MARSHA OUN 1KELLY DUBUN m O • CLEO O 0 0 BROOKSIDE LIMIT LIMIT SCOTT RICE ELLA ISLA 0 J 1_ c JANICE &oposecf W /den i n Knapp Rd To Orange / mp5hi To ORANGE S//3S U a KATY m w ULA u_ COM AL rn ur O O LAURIE GARDENIA 2 w N J 44( w ti 2.8 �. ¢ 0 wT rn cc cc 0 >- O cc O >- O 0 SHANK PEAR 518 fr W cc DAUGHTERY JOSEPHINE BARDET CANTU OCHOA J ZcZ NELSON 20 CAMDEN CA�IMONA s APPLE USpR4V j I LEGGETT_ cs ROcKUND GROVETON cc WOODVILLE COJJESNEIL OVN'Y COUNT Y cc ¢ O U Q cc ERIY of KNAPP South Park Cemetery JASM NE RAY WALNUT In 0 a In Old Pearland Cemetery 0 PEAR O,- yrk Q HAUK RICE D O 0 O cc Dads Club Community Park MEADOW T J 1- LEA CC ck MOCK 0 w • ING& HERON 0 CC m w J RD TERRELL BECKY JERRYCRESi LARRYCRES PAT RIDGE WILLOW BNLY SHARONDALE COT TONWOOD RAZA 1 J J w m i 1 FITE • • McLean Road Park �. MAR Y S ACRES MAGNOLIA COLONIAL w w J CONFEDERATE SPRINGCREEK SI�INGFIE D • SPRINGBAANCH O 0 >- 3 0 0 L w W a 0 °O 0 z cc k 0 0 O 00 0 O 0 0 U w m TE 0 to —.J Ressurection Cemetery SCOTT 35, M N ROBINSOM \\ - i 2 m MEADOWL o O • • • f-//ci'ORY 51006N 9/z- 31- /30 Nic o,? y SL 01/6ff NAGE C� A of' 7cll V 9/ 2 /^ A�iY� /29 ,Q ,GE Doc PEARLAND LOCAL- --00e1hH2O/T�H Pop 18,697 ORANGE JASM MAGNOLIA NE 1ST 2140 3RD z 0 ttsi — rn J 0 UNWOOD PLUM LOCK EED 0 O HIRE SWE 35 10 -33 z 0 O z KEIS W Ix cr m ¢ J w 0 Zu, PILGRIMS POINT / teicj HERIT GREEN 0 Cesz 9/ Z-- 31% /a? \\ 4,4eys Cfc'EEWT---7t JOHN UZER INDUSTRIAL • 11, rJ 0 7. 114 .1 • i 1„ GRACE A411F GUI! I Ill WIII/NOS • 1 • cr JENKINS WARREN HERBERT 00000 County: CSJ: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: Brazoria 0912-31-131 Robinson Road At Hickory Slough 120200M02095001 Robinson Road ATTACHMENT C (See Note ***) LIST OF DISTRICT ENGINEER APPROVED EQUIVALENT -MATCH PROJECT(S) (EMP) Location On School Historic Description Structural (and structure of Estimated Cost identification Improvement Work Bridge? Bus Route? if number, applicable) (Yes/No) (Yes/No) (ot itilP/; ca Ale) Total EMP to this PWP Note *) work credited (See Balance of EMP work credited to associated PWP(s) Associated PWP(s) Note **) (See Note *: This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Attachment D. Note * * : List control -section -job (CSJ) number(s) for associated PWP(s). Note * * * : This attachment not applicable for non -Participation -Waived Projects (PWP). Bridge Division 6-2001-L.1 County: Brazoria CSJ: 0912-31-131 Road/Street/Highway: Robinson Road Feature Crossed: At Hickory Slough 15 Digit NBI Structure No.: 120200M02095001 Local Designation No.: Robinson Road ATTACHMENT D ESTIMATE OF DIRECT COSTS Estimated Cost Preliminary Engineering (PE) (1) $34,000 Ten (10) Percent or EDC Adjusted Percent of PE for Local Government Participation Construction Engineering and Contingency (E&C) The Sum of Construction and E&C Ten (10) Percent or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation Amount of Advance Funds Paid and/or to be Paid by Local Government * Balance of Local Government Participation Required or which is to be Waived where the Project is a PWP Total Project Direct Cost $340,000 $37,400 (2) $377,400 (1+2) $411,400 Local Government Participation (3) $3,400 (4) $37,740 (5) ($7,140 ) (3+4-5) $34,000 If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as Shown on Attachment C. EMY 4yp/i ca {�/e) * Credited Against Local Government Participation Amount Bridge Division 6-2001-L.1 FFID VIT F PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: N o. % Date .s 2 y N o. Date N o. N o. Date 20 Date 20 im 20 20 N o. Date 20 Subscribe and sworn to before me this )Q 0-0 enorki ;resident day of Wiall I I PUBLIC NOTICE OR TEST w. OF AUTOMATIC cti I T Afitil A T ING EQUIPMENT Notice is hereby given that the 2 automatic tabulating equip- p ment that will he used in the City of Pearland Run -Off Election held on June 3, 2000 will be tested on. May 31, 2000 at 8:30 a.m. at the Brazoria County Courthouse, 111 East Locust, Room 202, Angleton, Texas to ascertain that it will accurately count the votes cast for all offices and on all measurers. /s/ Joyce Rudman County Clerk Brazoria County, Texas AVISO PUBLICO DE PROBAR EL EQUIPO PARA TABULAR AUTOMATICAMENTE Por to presente se da aviso que el equipo para tabular automaticarnente que se usara en la Eleccions Segundo de Ciudad de Pearland que se Ilevara a cabo el 3 Junio de 2000 se probara el 31 de Mayo de 2000 a las 8:30 a.m. en La Casa Corte in el Condado de Brazoria, 111 East Locust, Cuarto 202, Angleton, Texas para determinar si el equipo contara con exacitud los votos para todos los puestos oti ciales y sobre todos los proyectos de ley. /s/ Joyce Hudrnan Secretano Del Condado Condado De Brazoria, Texas FFID,PVIT F ' U LIC TION The Pearland Reporter News . 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a .newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: N o. / Date C. 2 G/ 20 OD N o. Date 20 N o. Date 20 N o. Date 20 • N o. Date 20 Subscribe and sworn to before me this )0(N President day of 711a-cr ?Oak ?s. J T'^F --v?%\'�1�. �1�'%-�LK1h tea. ^tc.s roary -u•. - • Q itirtOtO AA u (1) k. hf I..�SI I I V Vion Expires I^fb Commis sher as TO THE RESIDENT QUALIFIED VOTERS OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that a Runoff Election will be held on the 3rd day of June, 2000, in the above -named City for the purpose of electing the follow- ing officers for said City: MEMBER OF THE COUNCIL, POSITION NUMBER TWO (2) FOR A THREE-YEAR TERM In Brazoria County Election Precinct Nos, 12, 21 26, 28, 29, 36, 40, 46, 47, 51, 58, 61 and 62, Harris County Election Precinct Nos. 537 and 131 and Ft. Bend County Precinct No. 2003 at MELVIN KNAPP ACTIVITY BUILDING, 2425 S. GRAND BLVD., PEARLAND, TEXAS. (ONE POLLING PLACE) The above -designated polling place shall be open from 7:00 a.m. to 7:00 p.m. on said elec- tion day. The early voting for the above -designated election shall be held at 3519 Liberty Drive, City Hall Building, 3rd Floor, in said City and said place of early voting shall remain open for at least eight (8) hours on each day of early voting which is not a Saturday, Sunday or an offi- cial City holiday, beginning May 17, 2000, and continuing through May 30, 2000. Said place of early voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. Applications for ballots by mail shall be mailed to the City Secretary as follows: Young Lorfing, 3519 Liberty Drive, Pearland, Texas 77581-5416 Applications must be received no later than close of busi- ness, which shall be 5:00 p.m., on May 26, 2000. Dated this 11th day of May, 2000. /s/ Tom Reid Mayor A LOS VOTANTES RESIDENTES CALIFICADOS DE LA CIUDAD DE PEARLAND, TEJAS Se da aviso que se Ilevara a cabo una Eleccion Sugunda de oficiales municipal el dfa 3 de Junio de 2000, en Ia ciu- dad ya mencionada y con el proposito de elegir a los sigu- ientes of iciales para dicha ciudad: MIEMBRO DEL CONCILIO, POSICION NUMERO DOS (2), POR EL PLAZO DE TRES ANDS EN LOS DISTRITOS ELEC- torales del Condado de Brazona, numeros 12, 21, 26, • 28, 29, 36, 40, 46, 47, 51, 58, 61 y 62 y el distnto electoral del Condado de Harris numero 537 y 131, el Condado de Ft. Bend numero 2003 EN EL EDIFICIO DE MELVIN KNAPP, 2425 S. GRAND BLVD., PEARLAND, TEJAS, 77581. (SOLO UN LUGAR PARA VOTAR) El lugar de votacion ya desig- nado para dicha eleccion se mantendra abierto en el men- cionado dfa de elecciones desde las 7 00 de Ia manana hasta las 7:00 de la noche. • La votacion temprana para Ia eleccion ya designada se Ile- vara a cabo en el City Hall, 3519 Liberty Drive, Tercer Pilo, en dicha ciudad, y dicho lugar de votacion temprana se mantendra abierto por lo menos ocho (8) horas cada dfa de votacion temprana con excepcion de Sabado y Domingo, o dfa de fiesta ofi- cial de la ciudad, empezando el 17 de Mayo de 2000 y ter- minando el 30 de Mayo de 2000. Dicho lugar de votacion se mantendra abierto desde r las ocho de la manana 8:00 a.m. hasta las cinco de la tarde 5:00 p.m. Las aplicaciones para boletas por correo deben ser envi- adas a Ia secretario de la ciu- dad por lo siguiente: Young Lorfing, 3519 Liberty Drive, Pearland, Texas, 7758105416 Las aplicaciones debe n se r recibidas no mas tarde q u e las ho ras de to im i nar nego- cio que seran las cinco 5:00 p.m, de la tarde, el dia 26 de Mayo de 2000. Fechado este dia 11 de Mayo, de 2000. /S/ TOM REID MAYOR (ALCALDE) AFFI VIT OF PU LICATION The Pearland Reporter News • 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a .newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: N o. Date c 2 4/ 20 im N o. Date 20 • N o. Date 20 N o, Date 20 • N o. Date 20 Subscribe and sworn to before me this 2te‘ct am. 'President tete 000 day of • iA A. EMMONS IIIIlre i` `lbft f Ub Commission Expires o-9-02 sher as • • :: NOTICE OF EARLY VOTING ON SATURDAY AND OR SUNDAY For the City of Pearland Runoff Election to be held on June 3, 2000, additional early voting will be held as follows: City Hall 3519 Liberty Drive Saturday, May 20, 2000 8:00 a.m. to 5:00 p.m. 1 1 City Hall 3519 Liberty Drive Sunday, May 21, 2000 12:00 p.m. to 6:00 p,m. • c" Issued this 11 th day of May, 2000 YJ /S/ Young Lorfing Early Voting Clerk AVISO PARA VOTACION a ADELANTADA EN SABADO Y/O DOMINGO $ 1 a paia la Eleccion segundo de 4 ofciales municipal de la :Ciudad que se /levarr a cabo s el dia 3 de Junio de 2000, la votaciOn adelantada ademSs se llevar4a babo de tal man- I era: City Hall 3519 Liberty Drive Sabado, 20 de Mayo, 2000 8:00 a.m.-5:00 p.m, City Hall 3519 Liberty Drive Domingo, 21 de Mayo, 2000 12:00 p, m. -6: 00 p.m, Emitido est dia 11 de Mayo, 2000, /s/ Young Lorfing Secretario de la Votacion Adelantada AFFIDAVIT OF PUBLICATION The Pearland Reporter News • 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties chon I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: N o. / Date S / 7 20 Ov N o Date 20 N o. Date 20 N o. Date 20 • N o. Date 20 Subscribe and sworn to before me this 20 J7 ay of CAI Notary Public, State of`i'eXas TO THE RESIDENT QUALIFIED VOTERS OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that a Runoff Election will be held on the 3rd day of June, 2000, in the above -named City for the purpose of electing the follow- ing officers for said City: Young Lorfing, 3519 Liberty Drive, Pearland, Texas 77581-5416 Applications must be received no later than close of busi- ness, which shall be 5:00 p.m., on May 26, 2000. Dated this 11 th day of May, 2000. /s/ Tom Reid Mayor MEMBER OF THE COUNCIL, A LOS VOTANTES POSITION NUMBER TWO (2) i R ESIDEN TES FORA THREE-YEAR TERM 1 CALIFICADOS DE LA CIUDAD DE PEARLAND, TEJAS In Brazoria County Election Precinct Nos. 12, 21, 26, 28, 29, 36, 40, 46, 47, 51, 58, 61 and 62, Harris County Election Precinct Nos. 537 and 131 and Ft. Bend County Precinct No. 2003 at MELVIN KNAPP ACTIVITY BUILDING, 2425 S. GRAND BLVD., PEARLAND, TEXAS. (ONE POLLING PLACE) The above -designated polling place shall be open from 7.00 a.m. to 7:00 p.m. on said elec- tion day. Se da aviso que se Ilevara a cabo una Eleccion Sugunda de oficiales municipal el dfa 3 de Junio de 2000, en la ciu- dad ya mencionada y con el proposito de elegir a los sigu- ientes of iciales para dicha ciudad: The early voting for the above -designated election shall be held at 3519 Liberty Drive, City Hall Building, 3rd Floor, in said City and said place of early voting shall remain open for at least eight j MELVIN KNAPP, 2425 S. (8) hours on each day of early voting which is not a Saturday, Sunday or an offi- cial City holiday, beginning May 17, 2000, and continuing through May 30, 2000. Said place of early voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. GRAND BLVD., PEARLAND, ' Mayo de 2000. TE JAS, 77581. (SOLO UN I LUGAR PARA VOTAR) t Fechado este dia 11 Mayo, de 2000. El lugar de votacion ya desig- nado para dicha eleccion se I /S/ TOM REID mantendra abierto en el men- cionado dfa de elecciones desde las 7:00 de la manana hasta las 7:00 de la noche. La votacion temprana para la eleccion ya designada se Ile- vara a cabo en el City Hall, 3519 Liberty Drive, Tercer Piso, en dicha ciudad, y dicho lugar de votacion temprana se mantendra abierto por lo menos ocho (8) horas cada dfa de votacion temprana con excepcion de Sabado y Domingo, o dfa de fiesta ofi- cial de la ciudad, empezando el 17 de Mayo de 2000 y ter- minando el 30 de Mayo de 2000. Dicho lugar de votacion se .mantendra abierto desde las ocho de la manana 8:00 a.m. hasta las cinco de la tarde 5:00 p.m. MIEMBRO DEL CONCILIO, POSICION NUMERO DOS (2), POR EL PLAZO DE TRES ANOS EN LOS DISTRITOS ELEC- torales del Condado de Brazoria, numeros 12, 21, 26, 28, 29, 36, 40, 46, 47, 51, 58, 61 y 62 y el distrito electoral del Condado de Harris numero 537 y 131, el Condado de Ft. Bend numero 2003 EN EL EDIFICIO DE Applications for ballots by mail . shall be mailed to the City Secretary as follows: MAYOR (ALCALDE) f Las aplicaciones para boletas por correo deben ser envi- adas a la secretario de la ciu- dad por lo siguiente: Young Lorfing, 3519 Liberty Drive, .Pearland, Texas, 77581-5416 Las aplicaciones debe n se r recibidas+no mas tarde q u e 1 las ho ras de to rm i nar nego- cio que seran las cinco 5:00 p.m. de la tarde, el dia 26 de AFFIDAVIT OF PUBLICATION The Pearland Reporter News • 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: N o. Date 5--- / 7 20 eb N o Date 20 N o. Date 20 N o. Date 20 N o: Date 20 Subscribe and sworn to before me this 20 resident z•�. �..,..; .... • .:..r .•: .'.T.`:l. 1. :. ..•T .TS.-. ...•'.... lli• — .................• a.....• a........�' NOTICE OF EARLY VOTING ON SATURDAY AND OR SUNDAY For the City of Pearland Runoff Election to be held on June 3, 2000, additional early voting will be held as follows: City Hall 3519 Liberty Drive Saturday, May 20, 2000 8:00 a.m. to 5:00 p.m. City Hall 3519 Liberty Drive Sunday, May 21, 2000 12:00 p.m. to 6:00 p.m. Issued this 11 th day of May, 2000 /S/ Young Lorfing Early Voting Clerk AVISO PARA VOTACION ADELANTADA EN SABADO Y/0 DOMINGO para la Eleccion segundo de ofciales municipal de la Ciudad que se Ilevara a cabo el dia 3 de dunk) de 2000, la votacion adelantada ademas se llevaraa cabo de tal man - era: City Hall 3519 Liberty Drive Sabado, 20 de Mayo, 2000 8:00 a.m.-5:00 p.m. a City Hall 3519 Liberty Drive Domingo, 21 de Mayo, 2000 12:00 p.m. -6: 00 p.m. Emitido est dia 11 de Mayo, 2000. /s/ Young Lorfing Secretario de la Votacion Adelantada