R2019-197 2019-08-12 RESOLUTION NO. R2019-197
A Resolution of the City Council of the City of Pearland, Texas, terminating
prior Advanced Funding Agreements, and authorizing a new Advanced
Funding Agreement with the Texas Department of Transportation ("TxDOT"),
for the Shadow Creek Ranch Trail Project(Kingsley Road to Kirby Drive), in the
amount of$1,939,190.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Advanced Funding Agreement previously authorized by
resolutions R2018-252 is hereby terminated.
Section 2. That certain new Advance Funding Agreement by and between the City of
Pearland and TxDOT, a copy of which is attached hereto as Exhibit"A" and made a part hereof for
all purposes, is hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Advance Funding Agreement with TxDOT, for the Shadow Creek
Ranch Trail Project.
PASSED, APPROVED and ADOPTED this the 12th day of August, A.D., 2019.
off:'• TOM REID
fit:7. Jcnr. MAYOR
U
ATTEST:
.414Av.
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
FOR A TRANSPORTATION ALTERNATIVES PROGRAM AND
A SURFACE TRANSPORTATION BLOCK GRANT PROGRAM
MPO-Selected Off-System
This Advance Funding Agreement for a Transportation Alternatives Project("Agreement") is made between the State of
Texas("State"), acting through the Texas Department of Transportation,and the City of Pearland ("Local Government"),
acting through its duly authorized officials.
BACKGROUND
Local Government prepared and submitted to State or Metropolitan Planning Organization ("MPO") a nomination form
for consideration under the Transportation Alternatives Program ("TAP") for the project, which is briefly described as
Shadow Creek Trail ("Project").
Federal law establishes federally funded programs for transportation improvements to implement its public purposes.
Federal law,23 USC§ 134 and 49 USC§5303, requires that State and MPOs develop transportation plans and programs
for urbanized areas of Texas.
Tex.Transp. Code §§Section 201.103 establishes that State shall design, construct, and operate a system of highways in
cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept
contributions from political subdivisions for development and construction of public roads and the state highway system
within the political subdivision.
The rules and procedures for TAP are established in 23 USC§ 213, and 43 Tex. Admin. Code Subchapter 11.F.
Federal and state laws require local governments to meet certain contract standards relating to the management and
administration of State and federal funds.
The Texas Transportation Commission ("Commission") passed Minute Order Number 115005 ("MO") dated August 31,
2017 awarding funding for projects in the 2015 TAP Program Call of the Houston-Galveston Area Council and awarding
funding to undertake and complete a highway improvement generally described as "Shadow Creek Trail" ("Project").
Th governing body of Local Government has approved entering into this Agreement by resolution or ordinance dated
c.4, I ' L , 2019, which is attached to and made a part of this Agreement as Attachment A. A map
showin the Project location appears in Attachment B, Location Map Showing Project(Attachment B),which is attached
to and made a part of this Agreement.
Therefore, State and Local Government agree as follows:
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AGREEMENT
1. Period of Agreement and Performance
1,1. Period of 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 the Project is
completed or unless terminated as provided in Article 2.
1.2. Period of Performance.
a. The Performance Period for each phase of work begins on the date specified in the Federal
Project Authorization Agreement ("FPAA") for that phase of work. Local Government may not
begin work until issued the State Letter of Authority("SLOA") for that phase of work.
b. The Performance Period for each phase of work ends on the date specified in the FPAA for that
phase of work.
2. Termination of the Agreement
2.1. This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless
this Agreement is terminated:
a. By mutual written consent and agreement of all parties;
b. By any party with 90 days written notice;or
c. By either party, upon the failure of the other party to fulfill the obligations as set forth in this
Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching
party;or
d. By the State, at its discretion, if the Project is inactive for 36 consecutive months or longer and
no expenditures have been charged against federal funds.
2.2. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its
contractual obligations,State will notify Local Government that possible breach of contract has
occurred. Local Government should make every effort to remedy the breach within a period mutually
agreed upon by both parties.
2.3. If Local Government withdraws from Project after this Agreement is executed, Local Government shall
be responsible for all direct and indirect Project costs as identified by the State's cost accounting system
and with 2 CFR Part 200 recapture requirements.
2.4. A project may be eliminated from the TAP program as outlined below. If Project is eliminated for any of
these reasons, this Agreement will be appropriately terminated.
a. Local Government fails to satisfy any requirements of the program rules cited in
43 Tex. Admin. Code Subchapter 11.F.
b. The implementation of Project would involve significant deviation from the activities proposed
in the nomination form and approved by the Texas Transportation Commission or MPO in
consultation with State.
c. Local Government withdraws from participation in Project.
d. State determines that federal funding may be lost due to Project not being implemented and
completed.
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e. Funds are not appropriated, in which case this Agreement shall be terminated immediately with
no liability to either party. Payment under this Agreement beyond the current fiscal biennium is
subject to availability of appropriated funds.
f. The associated FPAA is not issued by the end of the third federal fiscal year following the federal
fiscal year for which the funds are authorized. Federal fiscal years run October 1 through
September 30.
g. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State.
2.5. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice
within 270 days of FPAA.
3. Amendments
This Agreement may be amended due to changes in the character of work, the amount of funding required to
complete Project,the responsibilities of the parties, or the terms of the agreement relating to the Project.Such
amendment must be made through a mutually agreed upon, written amendment that is executed by the
parties.
4. Scope of Work, Use of Project, and Project Location
4.1. The scope of work for Project(located as shown in Attachment B, Project Location Map)consists of:
The engineering and construction of a ten (10)foot wide concrete shared-use path in the City of
Pearland along the south bank of Clear Creek for a distance of approximately two and half miles east of
Kingsley Drive connecting to existing Shadow Creek Ranch Nature Trail to Kirby Drive as shown in
Attachment"B". The Local Government shall provide amenities including at least eight benches, one
table,two trash receptacles, one shade structure,signage and landscaping improvements.
4.2. Any project changes proposed must be submitted in writing by Local Government to State. Changes may
also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the
Commission. Any changes undertaken without written approval and amendment of this Agreement may
jeopardize not only the federal funding for the changes, but the federal funding of the entire Project.
5. Right of Way and Real Property Acquisition
5.1. Right of way and real property acquisition shall be the responsibility of Local Government.Title to right
of way and other related real property must be acceptable to the State before funds may be expended
for the improvement of the right of way or real property. If Local Government is the owner of any part
of Project site under this Agreement, Local Government shall permit State or its authorized
representative access to occupy the site to perform all activities required to execute the work.
5.2. Local Government will comply with and assume the costs for compliance with all the requirements of
Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970,42 USCA§4601 et seq., including those provisions relating to incidental expenses incurred by the
property owners in conveying the real property to Local Government, and benefits applicable to the
relocation of any displaced person as defined in 49 CFR §24.2(g). Documentation to support such
compliance must be maintained and made available to State and its representatives for review and
inspection.
5.3. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of
title or right of use to the real property required for development of Project. Evidence of title or right of
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use shall be acquired in the name of(1) State, if the real property is to be made part of the State
Highway System, and (2) Local Government, otherwise.The evidence of title or rights shall be
acceptable to State, and be free and clear of all encroachments. Local Government shall secure and
provide easements and any needed rights of entry over any other land needed to develop Project
according to the approved Project plans. Local Government shall be responsible for securing any
additional real property required for completion of Project.
5.4. Local Government shall prepare real property maps, property descriptions, and other data as needed to
properly describe the real property and submit them to the State for approval prior to Local
Government acquiring the real property. Tracings of the maps shall be retained by Local Government for
a permanent record.
5.5. Local Government shall determine property values for each real property parcel to be purchased with
federal funds using methods acceptable to State and shall submit to State a tabulation of the values so
determined, signed by the appropriate Local Government representative.The tabulations must list the
parcel numbers, ownership, acreage, and recommended compensation. Compensation shall be shown
in the component parts of land acquired, itemization of improvements acquired, damages(if any) and
the amounts by which the total compensation will be reduced if the owner retains improvements.The
tabulation must be accompanied by an explanation to support the estimated values,together with a
copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by
Local Government in performing this work may be eligible for reimbursement after Local Government
has received written authorization by State to proceed with determination of real property values.The
State will review the data submitted and will base its reimbursement for parcel acquisitions on these in
determining the fair market values.
5.6. For State-selected TAP projects, Local Government shall not use eminent domain or condemnation to
acquire real property for the Project.
5.7. Reimbursement for real property costs will be made to Local Government for real property purchased in
an amount not to exceed eighty percent (80%) of the cost of the real property purchased in accordance
with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed
eighty percent(80%) of State's predetermined fair market value of each parcel, or the net cost thereof,
whichever is less. In addition, reimbursement will be made to Local Government for necessary payments
to appraisers for expenses incurred in order to assure good title, and costs associated with the
relocation of displaced persons and personal property as well as incidental expenses.
5.8. Local Government and current property owner are responsible for any costs associated with the
relocation of displaced persons and personal property as well as incidental expenses incurred in
acquiring property to implement Project.State will not pay any of these costs.
5.9. If Project requires the use of real property to which Local Government will not hold title, a separate
agreement between the owners of the real property and Local Government must be executed prior to
execution of this Agreement.The separate agreement between Local Government and the current
property owner must establish that Project will be dedicated for public use for a period of time not less
than 10 (ten)years after project completion and commensurate with the federal investment as outlined
in 43 Tex. Admin. Code § 11.317.The separate agreement must define the responsibilities of the parties
as to the use of the real property and operation and maintenance of Project after completion. The
separate agreement must be approved by State prior to its execution and a copy of the executed
separate agreement shall be provided to State.
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5.10. Local Government shall execute individually or produce a legal document as necessary to provide for
Project's continued use from the date of completion, and agrees to cause the same to be recorded in
the land records of the appropriate jurisdiction.
5.11. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and
with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local
Government agrees to monitor Project to ensure: (1) continued use of the property for approved
activities, and(2)the repayment of the Federal funds, as appropriate. Local Government agrees to the
review of their Project accounts and site visits by State during the development of Project at any time.
Upon Project completion,State will continue to perform periodic visits to confirm Project's continued
use and upkeep.
5.12. Before the advertisement for bids, Local Government shall provide a certification to State that all real
property has been acquired.
5.13. In the event real property is donated to the Local Government after the date of the State's
authorization,the Local Government will provide all documentation to the State regarding fair market
value of the acquired property. The State will review the Local Government's appraisal, determine the
fair market value and credit that amount towards the Local Government's financial share. If donated
property is to be used as a funding match, it may not be provided by the Local Government. The State
will not reimburse the Local Government for any real property acquired before execution of this
Agreement and the obligation of federal spending authority.
6. Utilities
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, including any cost to State of
a delay resulting from Local Government's failure to ensure that utility facilities are adjusted, removed,or
relocated before the scheduled beginning of construction. Unless specified in (1) the nomination form approved
by State or MPO in consultation with State and (2)this agreement, Local Government will not be reimbursed
with federal or state funds for the cost of required utility work. Local Government must obtain advance approval
for any variance from established procedures. Before a construction contract is let, Local Government shall
provide, at State's request, a certification stating that Local Government has completed the adjustment of all
utilities that must be adjusted before construction begins. Additional utility work may be required due to
unknown conditions discovered during construction.These costs may be eligible for TAP participation if: (1)the
activity is required to complete Project; (2)the cost is incidental to Project; and (3)TAP funding is available.Any
change orders must be approved by State prior to incurring any cost for which reimbursement is sought.
7. Environmental Assessment and Mitigation
Development of Project must comply with the National Environmental Policy Act(NEPA) and the National
Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects.
7.1. Local Government is responsible for the identification and assessment of any environmental problems
associated with the development of Project governed by the Agreement.
7.2. Local Government is responsible for the cost of any environmental problem's mitigation and
remediation.These costs will not be reimbursed or credited towards Local Government's financial share
of Project unless specified in the nomination form and approved by State or MPO in consultation with
State.
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7.3. Local Government is responsible for providing any public meetings or public hearings required for
development of the environmental assessment.
7.4. Local Government is responsible for the preparation of the NEPA documents required for the
environmental clearance of this Project.
7.5. Before the advertisement for bids, Local Government shall provide to State written documentation from
the appropriate regulatory agency or agencies that all environmental clearances have been obtained.
8. Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this
Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and
Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with
Disabilities Act(P.1. 101-336) (ADA).
9. Architectural and Engineering Services
Architectural and engineering services for preliminary engineering will be provided by Local Government. In
procuring professional services,the parties to this Agreement must comply with federal requirements cited in
23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these
services;and with Tex. Gov't Code Subchapter 2254.A., in all cases. Professional services contracts for federally
funded projects must conform to federal requirements. For State-selected projects, architectural and
engineering services are not eligible for TAP reimbursement.
9.1. The architectural contract documents shall be developed in accordance with the standards of the
American Institute of Architects,the U.S. Secretary of the Interior's Standards for Historic Preservation
Projects,Standards and Guidelines for Archeology and Historic Preservation, the National Register
Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in
consultation with the State Historic Preservation Officer, as applicable.The engineering plans shall be
developed in accordance with State's applicable Standard Specifications for Construction and
Maintenance of Highways,Streets and Bridges and the two American Association of State Highway and
Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and
Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All contract procurement
procedures and documents must adhere to the applicable requirements established in the Standard
Specifications for Construction and Maintenance of Highways,Streets and Bridges.The use of other
systems of specifications shall be approved by State in writing in advance.
9.2. When architectural and engineering services are provided by or through Local Government, Local
Government shall submit any plans it has completed to State for review and approval. Local
Government may also submit the plans to State for review any time prior to completion. Local
Government shall make the necessary revisions determined by State. Local Government will not let the
construction contract until all required plans have received State approval.
9.3. When architectural and engineering services are provided by or through State, then the following
applies:
State is responsible for the delivery and performance of any required architectural or preliminary
engineering work. Local Government may review and comment on the work as required to accomplish
Project purposes.State will cooperate with Local Government in accomplishing these Project purposes
to the degree permitted by state and federal law.
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10. Construction Responsibilities
10.1. Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the
bids, and award and administer the contract for construction of 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 that may become necessary
subsequent to the award of the construction contract. In order to ensure federal funding eligibility,
projects must be authorized by State prior to advertising for construction.
a. All contract letting and award procedures must be approved by State prior to letting and award
of the construction contract, whether the construction contract is awarded by State or by Local
Government.The State must concur with the low bidder selection before the Local Government
can enter into a contract with the vendor.
b. If the State is the responsible party,the State will use its approved contract letting and award
procedures to let and award the construction contract.
10.2. All contract change order review and approval procedures must be approved by State prior to start of
construction.
10.3. Upon completion of Project, the party constructing Project will issue and sign a "Notification of
Completion" acknowledging Project's construction completion and submit certifications)sealed by a
professional engineer(s) licensed in the State of Texas.
10.4. For federally funded contracts,the parties to this Agreement will comply with federal construction
requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA-
1273" in the contract bidding documents. If force account work will be performed, a finding of cost
effectiveness shall be made in compliance with 23 CFR Subpart 635.B.
10.5. Any field changes,supplemental agreements, or revisions to the design plans that may occur after the
construction contract is awarded will be mutually agreed to by State and Local Government prior to
authorizing the contractor to perform the work. Prior to completion of Project,the party responsible for
construction will notify the other party to this Agreement of the anticipated completion date.All parties
will be afforded the opportunity to assist in the final review of the construction services performed by
the contractor.
11. Project Maintenance
11.1. Upon completion of Project, Local Government will be responsible for maintaining the completed facility
for public use.The property shall be maintained and operated for the purpose for which it was approved
and funded for a period of time commensurate with the federal investment or State rules,whichever is
greater. Should Local Government at any time after Project completion decide it can no longer maintain
and operate Project for its intended purpose, Local Government shall consult with State and the FHWA
as to the disposal or alternate uses, consistent with Project's original intent.State may require Local
Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture
requirements. Should Local Government consider conveying the property, State and FHWA must be
notified prior to the sale, transfer, or disposal of any property that received federal funds. Written
concurrence of approval for the transaction, detailing any required recapture, must be obtained from
FHWA prior to the transaction.Advance notice from Local Government of their intended action must be
submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local
Government. Local Government shall be held responsible for reimbursement of all federal funds used or
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a portion of those funds based on a pro-rata amount,considering the original percentage of federal
funds provided and the time elapsed from Project completion date.This same percentage of
reimbursement also applies to any amount of profit that may be derived from the conveyance of the
property, as applicable.
11.2. The Local Government shall be responsible for maintenance of locally owned roads and locally owned
facilities after completion of the work. The State shall be responsible for maintenance of the State
highway system after completion of the work if the work was on the State highway system, unless
otherwise provided for in existing maintenance agreements with the Local Government.
11.3. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the
name of Local Government.State shall not be responsible for honoring any warranties under this
Agreement.
11.4. Should Local Government derive any income from the development and operation of Project,a portion
of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future
maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside
according to this provision shall be expended using accounting procedures and with the property
management standards established in 2 CFR Part 200.
11.5. Should any historic properties be included in or affected by this federally funded Project,the historic
integrity of the property and any contributing features must continue to be preserved regardless of any
approved changes that may occur throughout the life of Project.
12. Local Project Sources and Uses of Funds
12.1. Attachment C, Project Budget Estimate and Source of Funds, (Attachment C)shows the total estimated
development cost of Project.This estimate shows the itemized costs of real property, utility work,
environmental assessment and remediation, preliminary engineering and design, construction and
construction management, and other construction related costs. To be eligible for reimbursement or as
in-kind contribution, costs for the TAP funding must have been included in the nomination form
approved by the Texas Transportation Commission or MPO in consultation with State. State and the
Federal Government will not reimburse Local Government for any work performed outside the
Performance Period.After federal funds have been obligated, State will send to Local Government a
copy of the formal documentation showing the obligation of funds including federal award information.
Local Government is responsible for 100 percent of the cost of any work performed under its direction
or control before the federal spending authority is formally obligated.
12.2. The Project budget and source of funds estimate based on the budget provided in the nomination form
is included as Attachment C.Attachment C shows the percentage and estimated dollar amounts to be
contributed to Project by state and local sources, as well as the maximum amount in federal
Transportation Alternative Program funds assigned by the Commission or MPO in consultation with
State to Project. This Agreement may be amended from time to time as required to meet the funding
commitments based on revisions to the Transportation Improvement Program, Federal Project
Authorization and Agreement ("FPAA"), or other federal documents.
12.3. If the Local Government will perform any work under this Agreement for which reimbursement will be
provided by or through the State,the Local Government must complete training. If federal funds are
being used,the training must be completed before federal spending authority is obligated. Training is
complete when at least one individual who is working actively and directly on the Project successfully
completes and receives a certificate for the course entitled "Local Government Project Procedures and
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Qualification for the Texas Department of Transportation" and retains qualification in accordance with
applicable TxDOT procedures. Upon request, the Local Government shall provide the certificate of
qualification to the State. The individual who receives the training certificate may be an employee of
the Local Government or an employee of a firm that has been contracted by the Local Government to
perform oversight of the Project. The State in its discretion may deny reimbursement if the Local
Government has not continuously designated in writing a qualified individual to work actively on or to
directly oversee the Project..
12.4. If a waiver for the collection of indirect costs for a service project has been granted under 43 TAC
§15.56,the State will not charge the Local Government for the indirect costs the State incurs on the
local Project, unless this Agreement is terminated at the request of the Local Government prior to
completion of the Project.
12.5. Local Government will be responsible for all non-federal participation costs associated with Project,
including any overruns in excess of Project's estimated budget and any operating or maintenance
expenses, unless otherwise provided for in this Agreement or approved otherwise in an amendment to
this Agreement. Upon completion of the Project, where Special Approval has been granted by the State
under 43 TAC§15.52,the State will perform a final accounting of the Project costs. The Local
Government shall only in that instance be responsible for overruns in excess of the amount specified in
Attachment C to be paid by the Local Government. Any funds due by the Local Government, the State,
or the federal government will be promptly paid by the owing party.
12.6. State will be responsible for securing the federal share of funding required for the development and
construction of Project, in an amount not to exceed eighty(80) percent of the actual cost of the work up
to the amount of funds approved for Project by the Texas Transportation Commission or MPO in
consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to
issuance of the SLOA are not eligible for reimbursement. If the Local Government is due funds for
expenses incurred,these funds will be reimbursed to the Local Government on a cost basis.
a. If the Project has been approved for a specified percentage or a periodic payment non-standard
funding or payment arrangement under 43 TAC§15.52, the budget in Attachment C will clearly
state the specified percentage or the periodic payment schedule.
b. When Special Approval has been granted by the State so that the Local Government bears the
responsibility for paying cost overruns, the Local Government shall make payment to the State
within thirty(30) days from the receipt of the State's written notification of those amounts.
12.7. Following execution of this Agreement, but prior to the performance of any plan review work by State,
Local Government will pay to State the amount specified in Attachment C for plan review. At the
minimum,this amount shall equal the Local Government's funding share for the estimated cost of
preliminary engineering performed or reviewed by the State for the Project. At least (60) days prior to
the date set for receipt of the construction bids, Local Government shall remit its remaining financial
shared match as specified in Attachment C for the State's estimated construction oversight and
construction cost.
12.8. In the event State determines that additional funding is required by Local Government at any time
during Project,State will notify Local Government in writing. Local Government is responsible for the
percentage of the authorized Project cost shown in Attachment C and (100) percent of any overruns
above the federally authorized amount. Local Government will make payment to State within 30 days
from receipt of State's written notification.
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12.9. Whenever funds are paid by Local Government to State under this Agreement, Local Government shall
remit a check or warrant made payable to the 'Texas Department of Transportation" or may use the
State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with
instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the
State and may only be applied by the State to the Project.
12.10. Upon completion of Project, State will perform an audit of Project costs.Any funds due to Local
Government, State,or the Federal Government will be promptly paid by the owing party. If after final
Project accounting, any excess funds remain,those funds may be applied by State to Local
Government's contractual obligations to State under another advance funding agreement with approval
by appropriate personnel of Local Government.
12.11. In the event Project is not completed, State may seek reimbursement from Local Government of the
expended federal funds. Local Government will remit the required funds to State within (60) days from
receipt of State's notification.
12.12. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives,
including but not limited to outdoor advertising billboards and storm water drainage facility
requirements, are more restrictive than state or federal regulations, or if any other locally proposed
changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs
associated with the ordinances or changes will be paid by Local Government.The cost of providing right
of way acquired by State shall mean the total expenses in acquiring the property interests through
negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of
eligible utilities.
12.13. The state auditor may conduct an audit or investigation of any entity receiving funds from the State
directly under the Agreement or indirectly through a contract or subcontract under the Agreement.
Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under
this Agreement acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds. An
entity that is the subject of an audit or investigation must provide the state auditor with access to any
information the state auditor considers relevant to the investigation or audit.
12.14. State will not pay interest on any funds provided by Local Government.
12.15. State will not execute the contract for the construction of Project until the required funding has been
made available by Local Government in accordance with this Agreement.
12.16. Local Government is authorized to submit requests for reimbursement by submitting the original of an
itemized invoice in a form and containing all items required by State no more frequently than monthly,
and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90
days after the costs are incurred. If the Local Government submits invoices more than ninety (90) days
after the costs are incurred, and if federal funding is reduced as a result, State shall have no
responsibility to reimburse Local Government for those costs.
12.17. If Local government is an Economically Disadvantaged County("EDC")and if State has approved
adjustments to the standard financing arrangement, this agreement reflects those adjustments.
12.18. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of
appropriated funds. If funds are not appropriated,this Agreement shall be terminated immediately with
no liability to either party.
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13. Notices
13.1. All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid,
addressed to that party at the following address:
Local Government State
City Manager Director of Contract Services
City of Pearland Texas Department of Transportation
3519 Liberty Drive 125 E. 11th Street
Pearland,TX 77581 Austin,TX 78701-2483
13.2 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless
otherwise provided by this Agreement. 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 notices shall be
delivered personally or by certified U.S. mail, and that request shall be carried out by the other party.
14. 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.
15. Responsibilities of the Parties
The State and the Local Government agree that neither 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.
16. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by State shall remain the property
of State. All data prepared under this Agreement shall be made available to State without restriction or
limitation on their further use. All documents produced or approved or otherwise created by Local Government
shall be transmitted to State in the form of photocopy reproduction on a monthly basis as required by State.The
originals shall remain the property of Local Government. At the request of the State,the Local Government shall
submit any information required by the State in the format directed by the State.
17. Document and Information Exchange
Local Government agrees to electronically deliver to State all general notes, specifications,contract provision
requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local
Government will use State's document template. Local Government shall also provide a detailed construction
time estimate, including types of activities and month in which the activity will be completed, in the format
required by State.This requirement applies whether Local Government creates the documents with its own
forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit
any information required by State in the format directed by State.
18. Compliance with Laws
The parties to this Agreement 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
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affecting the performance of this Agreement.When required, Local Government shall furnish State with
satisfactory proof of this compliance.
19. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and supersedes any prior
understandings or written or oral agreements respecting the Agreement's subject matter.
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in
2 CFR Part 200 that specify that all reimbursed costs are allowable, reasonable,and allocable to Project.
21. Procurement and Property Management Standards
The parties of this Agreement shall adhere to the procurement standards established in Title 49 CFR§18.36, to
the property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards.
The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for
state or federal funds.
22. Inspection of Books and Records
The parties to this 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 State,
Local Government, and, if federally funded,the FHWA, and the U.S. Office of the Inspector General, or their duly
authorized representatives for review and inspection at its office during the Agreement period and for seven (7)
years from the date of final reimbursement by FHWA and completion of work defined under this Agreement or
until any impending litigation or claims are resolved. Additionally,State, 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.
23. Civil Rights Compliance
The parties to this Agreement are responsible for the following:
23.1 Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to
Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT),
the Federal Highway Administration (FHWA), as they may be amended from time to time,which are
herein incorporated by reference and made part of this Agreement.
23.2 Nondiscrimination:The Local Government,with regard to the work performed by it during the
Agreement,will not discriminate on the grounds of race, color,or national origin in the selection and
retention of subcontractors, including procurement of materials and leases of equipment.The Local
Government will not participate directly or indirectly in the discrimination prohibited by the Acts and
the Regulations, including employment practices when the Agreement covers any activity, project, or
program set forth in Appendix B of 49 CFR Part 21.
23.3 Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the Local Government for work to be performed
under a subcontract, including procurement of materials or leases of equipment, each potential
subcontractor or supplier will be notified by the Local Government of the Local Government's
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obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the
grounds of race,color, or national origin.
23.4 Information and Reports:The Local Government will provide all information and reports required by the
Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books,
records, accounts,other sources of information, and facilities as may be determined by the State or the
FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any
information required of the Local Government is in the exclusive possession of another who fails or
refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as
appropriate,and will set forth what efforts it has made to obtain the information.
23.5 Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the
Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
a. withholding of payments to the Local Government under the Agreement until the Local
Government complies and/or
b. cancelling,terminating, or suspending of the Agreement, in whole or in part.
c. Incorporation of Provisions:The Local Government will include the provisions of paragraphs (A)
through (F) in every subcontract, including procurement of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto.The Local
Government will take such action with respect to any subcontract or procurement as the State
or the FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided,that if the Local Government becomes involved in, or is threatened
with, litigation with a subcontractor or supplier because of such direction,the Local Government
may request the State to enter into such litigation to protect the interests of the State. In
addition, the Local Government may request the United States to enter into such litigation to
protect the interests of the United States.
24. Disadvantaged Business Enterprise (DBE) Program Requirements:
If federal funds are used:
24.1. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established
in 49 CFR Part 26.
24.2. The Local Government shall adopt, in its totality, the State's federally approved DBE program.
24.3. The Local Government shall incorporate into its contracts with subproviders an appropriate DBE goal
consistent with the State's DBE guidelines and in consideration of the local market, project size, and
nature of the goods or services to be acquired. The Local Government shall submit its proposed scope
of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local
Government contract with a subprovider. The Local Government shall be responsible for documenting
its actions.
24.4. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form
2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of
Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments
found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou_attachments.pdf.
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24.5. The Local Government shall not discriminate on the basis of race,color, national origin, or sex in the
award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the
administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall
take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and
administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and
as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is
a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement.
Upon notification to the Local Government of its failure to carry out its approved program, the State
may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986(31
U.S.C. 3801 et seq.).
24.6. Each contract the Local Government signs with a contractor(and each subcontract the prime contractor
signs with a sub-contractor) must include the following assurance: The contractor,sub-recipient,or sub-
contractor shall not discriminate on the basis of race, color, national origin,or sex in the performance of
this contract. The contractor shalt carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this Agreement,which may result in the termination of this Agreement or such other
remedy as the recipient deems appropriate.
25. Debarment Certifications
25.1 If federal funds are used,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." By executing this Agreement,
Local Government certifies that it and its principals are not currently debarred,suspended, or otherwise
excluded from or ineligible for participation in Federal Assistance Programs under Executive Order
12549, and further certifies that it will not do business with any party, to include principals,that is
currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549.The parties to this Agreement shall require any party
to a contract,subcontract,or purchase order awarded under this Agreement to certify its eligibility to
receive federal funds and,when requested by State, to furnish a copy of the certification.
25.2 if state funds are used, the parties are prohibited from making any award to any party that is debarred
under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the
Texas Administrative Code,Title 43, Part 1, Chapter 9, Subchapter G.
26. Lobbying Certification
If federal funds are used, in executing this Agreement, each signatory certifies to the best of that signatory's
knowledge and belief,that:
26.1. 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.
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26.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress,or an employee of a Member of Congress in connection with federal
contracts,grants, loans,or cooperative agreements, the signatory for Local Government shall complete
and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
26.3. The parties shall require that the language of this certification be included in the award documents for
all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans,and
cooperative agreements) and all sub-recipients shall certify and disclose accordingly.Submission of this
certification is a prerequisite imposed by 31 USC§ 1352 for making or entering into this transaction.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.
27. Insurance
27.1. If this Agreement authorizes the Local Government or its contractor to perform any work on State right
of way, before beginning work, the entity performing the work shall provide State with a fully executed
copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts
and types specified on the Certificate of Insurance for all persons and entities working on State right of
way.This coverage shall be maintained until all work on State right of way is complete. If coverage is not
maintained, all work on State right of way shall cease immediately, and State may recover damages and
all costs of completing the work.
27.2. For projects including buildings, Local Government agrees to insure the building according to
Department specifications and further agrees to name the Federal Government as a "Loss Payee" should
the building be destroyed.
28. Federal Funding Accountability and Transparency Act Requirements
If federal funds are used, the following requirements apply:
28.1. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability
and Transparency Act("FFATA") and implementing regulations at 2 CFR Part 170, including Appendix A.
This agreement is subject to the following award terms:
a. http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.0df,and
b. htto://www.gPo.govifdsyshkftiFR-2010-09-14/Pdf/2010-22706.odf.
28.2. Local Government agrees that it shall:
a. Obtain and provide to State a System for Award Management("SAM") number(Federal
Acquisition Regulation ("FAR")Subpart 4.11) if this award provides more than$25,000 in
Federal funding.The SAM number may be obtained by visiting the SAM website whose address
is https://sam.gov/SAM/pages/public/index.jsf,
b. Obtain and provide to State a Data Universal Numbering System ("DUNS") number, a unique
nine-character number that allows the federal government to track the distribution of federal
money.The DUNS number may be requested free of charge for all businesses and entities
required to do so by visiting the Dun & Bradstreet on-line registration website
http://fedgov.dnb.com/webform; and
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c. Report the total compensation and names of its top five executives to State if:
1. More than 80 percent of annual gross revenues are from the Federal government, and
those revenues are greater than $25,000,000; and
2. The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
29. Single Audit Report
29.1. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
29.2. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government
must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance
Division, 125 East 11th Street, Austin,TX 78701 or contact TxDOT's Compliance Division by email at
singleaudits@txdot.gov.
29.3. If expenditures are less than the threshold during the Local Government's fiscal year, the Local
Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the
$ expenditure threshold and therefore, are not required to have a single audit performed
for FY
29.4. For each year the Project remains open for federal funding expenditures,the Local Government will be
responsible for filing a report or statement as described above. The required annual filing shall extend
throughout the life of the Agreement, unless otherwise amended or the Project has been formally
closed out and no charges have been incurred within the current fiscal year.
30. Pertinent Non-Discrimination Authorities
During the performance of this contract, the Local Government, for itself, its assignees, and successors in
interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited
to:
30.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination
on the basis of race, color, national origin); and 49 CFR Part 21.
30.2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects).
30.3. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the
basis of sex).
30.4. Section 504 of the Rehabilitation Act of 1973,(29 U.S.C. §794 et seq.) as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27.
30.5. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age).
30.6. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended,
(prohibits discrimination based on race, creed,color, national origin, or sex).
30.7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability
of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the
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Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities" to include
all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether
such programs or activities are Federally funded or not).
30.8. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation,and certain testing entities(42 U.S.C. §§ 12131-12189) as implemented by Department
of Transportation regulations at 49 C.F.R. parts 37 and 38.
30.9. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. §47123) (prohibits
discrimination on the basis of race, color, national origin, and sex).
30.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations.
30.11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency(LEP).To ensure compliance with Title VI,the parties must take reasonable steps to
ensure that LEP persons have meaningful access to the programs(70 Fed. Reg. at 74087 to 74100).
30.12. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from
discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq.)
31. 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.
32. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the
entity represented.
Each party is signing this agreement on the date stated opposite that party's signature.
THE STATE OF TEXAS THELpL GOVERNMENT
Signature
J. Dan aupin Clay J. Pear n
Contract Review Section Director Typed or Printed Name
Texas Department of Transportation _ City Manager
Typed or Printed Title
08-17- Z-011 --Pf—
Date Date
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ATTACHMENT A
RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT
AFA TAP IF&AFA Long Combined Page 1 of 1 Attachment A
RESOLUTION NO. R2019-197
A Resolution of the City Council of the City of Pearland, Texas, terminating
prior Advanced Funding Agreements, and authorizing a new Advanced
Funding Agreement with the Texas Department of Transportation ("TxDOT"),
for the Shadow Creek Ranch Trail Project(Kingsley Road to Kirby Drive), in the
amount of$1,939,190.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,TEXAS:
Section 1. That certain Advanced Funding Agreement previously authorized by
resolutions 82018-252 is hereby terminated.
Section 2. That certain new Advance Funding Agreement by and between the City of
Pearland and TxDOT, a copy of which is attached hereto as Exhibit"A"and made a part hereof for
all purposes, is hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Advance Funding Agreement with TxDOT, for the Shadow Creek
Ranch Trail Project.
PASSED, APPROVED and ADOPTED this the 12th day of August, A.D., 2019.
�rrrr� C: ,-)7V)// d?
L.41'•q�% TOM REID
_: MAYOR
ATTEST: '
MARIA RODRIGUEZ
INTERIM CITY SECRETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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ATTACHMENT B
PROJECT LOCATION MAP
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Clear Creek Hams
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End Project
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Attachment B:
CSJ:0912-31-292 Ab,
construct 10 n Wide Concrete Shared-Use WNo`'
Path TxD07' "1"
BRAZORL4 COUNTY I y
AFA TAP IF&AFA Long Combined Page 1 of 1 Attachment B
TxDOT: V Federal Highway Administration: 1
'
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Code Chart 64# 32150
Project Name Shadow Creek Trail AFA Not Used For Research & Development
ATTACHMENT C
PROJECT ESTIMATE AND SOURCE OF FUNDS
LG Performs PE Work/LG Lets Project to Construction
Description of Project cost and credit to be ' Local Participation(20%or
incurred: Federal Participation(80%or c) State Participation=0 greater) ,
Locals win retain their local match for those Total Estimated
services adminstered/oimracted Cost=Authorized % Cast % Cost % Cost
themselves. Amount
Direct Project PE Cost(Category 7 costs)
PE-indudes design.planning.PS&E.
clearances&administration by LG $ 290,703 80% $ 232.562 0% 5 •
20% $ 58,141
Environmental Cost•by LG 5 - 0% $ - 0% S - 0% 5 -
ROW-Acquisition and associated by LG $ - 0% $ - 0% 5 0% $
Subtotal PE Costs by LG S 290,703 80% S 232.567 0% $ - 20% 5 58,141
TxDOT Administrative cost incurred•PE' Based on 10%of overall TrtDCTT ADM Cost estimated In Nomination's budget Due within 30 days
TeDOT-PE Phase•Direct State Costs
reviews,clearances,admin,coordination,
etc. 5 20.000 80% $ 16.000 0% 5 20% 5 4.000
Subtotal Category 7 Funding $ 310,703 80% $ 248,562 0% $ - ' 20% $ 62.141
Subtotal through PE-funded with
Category 7 funds 310,703 80% 248.562 0% 20% 62,141
TxDOT Administrative cost Incurred:CE Remaining%of T:DOT ADM Cast based on current budget Estimate at letting Due 60 days prior
TOOT-Construction Phase-Direct State
casts-oversight.Inspection,site visits,etc.
(Category 9-TAP Costs) $ 40,000 80% $ 32.000 0% 5 - 20% $ 8,000
TODOT-Construction Phase-Direct State
costs-oversight,Inspection.site visits.etc.
(Category 7 Cost) S 10,000 80% $ 8.000 0% $ - _ 20% 5 2.000
Direct Project Construction COST Locals retain their local participation below to apply to project cost directly
Construction Contract-work bid items.
letting fees,clearance,permits,etc.CE
(Category 9 TAP costs) 5 1.324,488 80% S 1.059.590 0% S - 20% $ 264.898
Construction Contract-work bid Items,
letting fees,clearance,permits,etc.CE
(Category 7 costs) $ 250,268 80% $ 200.214 2D% S 50.054
Other Associated Construction Cost $ - 0% 5 0% 5 - 0% 5 -
indirect State Cost 100% 5 3,731.00
Subtotal Construction funded with x
Category9-TAP funds $ 1,364,488 8094\5 1.091.590 5 - $ - 20% S 272.898
Subtotal Construction funded with r
Category 7 $ 260.268 80% $ 208,214 20% S 52.054
TOTAL $ 1.939,190 80% 5 1,548,366 $ 3,731.00 20% 5 387.093
The estimated total participation by Local Government is$387,093, plus 100%of overruns.
Total estimated payment by Local Government to State is$387,093.
'Local Government's first payment of$4,000 is due to State within 30 days from execution of this contract.
2 Local Government's second payment of$10,000 due to State within 60 days prior to the Construction contract being
advertised for bids.
3If ROW is to be acquired by State, Local Government's share of property cost will be due prior to acquisition.
The eligible percent of required local match is stated in the nomination and must be 20%or greater, unless In-Kind, EDC
adjustments or TDCs are applied.
This is an estimate,the final amount of Local Government participation will be based on actual costs.
Maximum federal TAP funds available for Project are $1,091,590.
Maximum federal CAT 7 funds available for the project are$456,776.
AFA TAP IF&AFA Long Combined Page 1 of 1 Attachment C
CSJ#0912-31-292
District# 12 - HOU
Code Chart 64#32150
Project: Shadow Creek Trail
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
AMENDMENT # 1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and the City of Pearland, acting by and through its
duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on December 13 of 2017 to
effectuate their agreement to construct a 10' wide concrete shared-use path in the City of Pearland
along the south bank of Clear Creek for a distance of 0.81 miles from approximately 0.45 miles east
of Kingsley Drive connecting to the existing Shadow Creek Ranch Nature Center Trail to Kirby Drive;
and,
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
In accordance with Article 2 of the original contract, the contract will terminate effective when signed
by the last party whose signing makes this amendment fully executed. The amendment is necessary
to terminate the original contract. A new, subsequent agreement will be fully executed in order to
combine the engineering and construction phases of this project into one contract.
AFA Amend Pane 1 of 2 Revised 112/20/2019
CSJ#0912-31-292
District# 12- HOU
Code Chart 64#32150
Project: Shadow Creek Trail
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
Each party is signing this amendment on the date stated under that party's signature.
THE LOCAL GOVERNMENT THE STATE OF TEXAS
Clayearso
City Manager J. Dan Mau in
City of Pearland Maupin
Review Section Director
Texas Department of Transportation
Date Date
AFA Amend Page 2 of 2 Revised 02/20/2019
CSJ# 0912-31-292
District# 12 - HOU
Code Chart 64 # 32150
Project: Shadow Creek Trail
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
AMENDMENT# 1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and the City of Pearland, acting by and through its
duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on October 01 of 2015 to
effectuate their agreement to review environmental documents, right of way maps, utility adjustments
and design plans, specifications, and estimates (PS&E) for the Shadow Creek Ranch bicycle and
pedestrian trail; and,
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
In accordance with Article 4 of the original contract, the contract will terminate effective when signed
by the last party whose signing makes this amendment fully executed. The amendment is necessary
to terminate the original contract, A new, subsequent agreement will be fully executed in order to
combine the engineering and construction phases of this project into one contract.
ACA A.r,.n.,rl 0 f t n o..,:,. a nnlnnirin4n
CSJ# 0912-31-292
District# 12- HOU
Code Chart 64 # 32150
Project: Shadow Creek Trail
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
Each party is signing this amendment on the date stated under that party's signature.
THE LOCAL GOVERNMENT THE STATE OF TEXAS
1.41/
CIa' J. Pe. son
City Man-ger
City of Pearland J. Dan Maupin
Contract Review Section Director
Texas Department of Transportation
0d- Z-7 -Zoi41
Date Date
eye en,nr„+ DnrIe 7 of nnrnninn-in