R2020-024 2020-01-27RESOLUTION NO. R2020-24
A Resolution of the City Council of the City of Pearland, Texas, authorizing an
Advanced Funding Agreement with the State of Texas, in the amount of
$7,000,000.00, for the SH 288 Northbound Frontage Road Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Advance Funding Agreement by and between the City of
Pearland and the State of Texas, a copy of which is attached hereto and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Advance Funding Agreement with the State of Texas, for the SH 288
Northbound Frontage Road Project.
PASSED, APPROVED and ADOPTED this the 27th day of Janua :f3
ATT ST:
nil
tC�ITAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ #
0598-02-119
District #
12 — Houston
Code Chart 64 #
32150
Project Name
SH 288 Northbound Frontage Rd
ADVANCE FUNDING AGREEMENT
For
100% Locally Funded Project
On -System
THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and 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". The State and Local Government
shall be collectively referred to as "the parties" hereinafter.
WITNESSETH
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the 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, and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds, and
WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that
describe federal, state, and local responsibilities for cost participation in highway improvement and
other transportation projects, and
WHEREAS, the State and Local Government do not anticipate that federal funds will be used for the
Project governed by this Agreement; and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 115005 authorizing
the State to undertake and complete a highway improvement or other transportation project generally
described as the construction of a two-lane northbound frontage road on SH 288, from FM 518
to CR 59. The project will include a U-turn lane southbound to northbound on CR 59. The
portion of the project work covered by this Agreement is identified in the Agreement, Article 3, Scope
of Work (Project), and
WHEREAS, the Governing Body of the Local Government has approvyed entering into this Agreement
by resolution, ordinance, or commissioners court order dated /Z2-7 2a4710 , which is
attached to and made a part of this Agreement as Attachment A, Resolution, Ordinance, or
Commissioners Court Order. A map showing the Project location appears in Attachment B, Location
Map Showing Project, (Attachment B) which is attached to and made a part of this Agreement.
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CSJ #
0598-02-119
District #
12 — Houston
Code Chart 64 #
32150
Project Name
SH 288 Northbound Frontage Rd
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is
agreed as follows
AGREEMENT
1. Responsible Parties:
For the Project covered by this Agreement, the parties shall be responsible for the following
work as stated in the article of the Agreement referenced in the table below:
1.
Local Government
Utilities
Article 8
2.
Local Government
Environmental Assessment and Mitigation
Article 9
3.
Local Government
Architectural and Engineering Services
Article 12
4.
State
Construction Responsibilities
Article 13
5.
Local Government
Right of Way and Real Property
Article 15
2. Period of the 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 below.
Scope of Work
The scope of work for this Project consists of the construction of a 2 -lane northbound frontage
road on SH 288, from FM 518 to CR 59. The project will include a U-turn lane southbound to
northbound on CR 59.
4. Project Sources and Uses of Funds
The total estimated cost of the Project is shown in Attachment C, Project Budget, (Attachment
C) which is attached to and made a part of this Agreement.
A. 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. 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 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.
B. The expected cash contributions from the State, the Local Government, or other
parties are shown in Attachment C. The State will pay for only those Project costs that
have been approved by the Texas Transportation Commission.
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CSJ #
0598-02-119
District #
12 — Houston
Code Chart 64 #
32150
Project Name
SH 288 Northbound Frontage Rd
C. Attachment C shows, by major cost categories, the cost estimates and the party
responsible for performing the work for each category. These categories may include
but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of
environmental assessment and remediation; (4) cost of preliminary engineering and
design; (5) cost of construction and construction management; and (6) any other local
project costs.
D. The State will be responsible for securing the State share of the funding required for
the development and construction of the local Project. If the Local Government is due
funds for expenses incurred, these funds will be reimbursed to the Local Government
on a cost basis.
E. The Local Government will be responsible for all non -State participation costs
associated with the Project, unless otherwise provided for in this Agreement or
approved otherwise in an amendment to this Agreement. For items of work subject to
specified percentage funding, the Local Government shall only in those instances be
responsible for all Project costs that are greater than the maximum State participation
specified in Attachment C and for overruns in excess of the amount specified in
Attachment C to be paid by the Local Government.
F. The budget in Attachment C will clearly state all items subject to fixed price funding,
specified percentage funding or the periodic payment schedule, when periodic
payments have been approved by the State.
G. When 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 additional funds being due.
H. When fixed price funding is used, the Local Government is responsible for the fixed
price amount specified in Attachment C. Fixed prices are not subject to adjustment
unless (1) differing site conditions are encountered; (2) further definition of the Local
Government's requested scope of work identifies greatly differing costs from those
estimated; (3) work requested by the Local Government is determined to be ineligible
for federal participation; or (4) the adjustment is mutually agreed to by the State and
the Local Government.
1. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment C. At a 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
sixty (60) 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 cost.
J. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in accordance
with this Agreement.
K. Whenever funds are paid by the Local Government to the State under this Agreement,
the 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.
L. The State will not pay interest on any funds provided by the Local Government.
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CSJ #
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District #
12 — Houston
Code Chart 64 #
32150
Project Name
SH 288 Northbound Frontage Rd
M. 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.
N. If the Local Government is an Economically Disadvantaged County (EDC) and if the
State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
O. Where the Local Government is authorized to perform services under this Agreement
and be reimbursed by the State, the 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 the State, no more frequently than monthly and no
later than ninety (90) days after costs are incurred. If the Local Government submits
invoices more than ninety (90) days after the costs are incurred the State may refuse to
reimburse the Local Government for those costs.
P. Upon completion of the Project, the State will perform a final accounting of the Project
costs for all items of work with specified percentage funding. Any funds due by the
Local Government or the State for these work items will be promptly paid by the owing
party.
Q. The state auditor may conduct an audit or investigation of any entity receiving funds
from the State directly under this Agreement or indirectly through a subcontract under
this Agreement. Acceptance of funds directly under this Agreement or indirectly
through a 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.
R. 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.
5. Termination of this Agreement
This Agreement shall remain in effect until the Project is completed and accepted by all
parties, unless:
A. The Agreement is terminated in writing with the mutual consent of the parties;
B. The Agreement is terminated by one party because of a breach, in which case any cost
incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to provide funding after the completion of preliminary
engineering, specifications, and estimates (PS&E) and the Project does not proceed
because of insufficient funds, in which case the Local Government agrees to reimburse
the State for its reasonable actual costs incurred during the Project; or
D. The Agreement is terminated by the State because the parties are not able to execute
a mutually agreeable amendment when the costs for Local Government requested
items increase significantly due to differing site conditions, determination that Local
government requested work is ineligible for federal or state cost participation, or more
thorough definition of the Local Government's proposed work scope identifies greatly
differing costs from those estimated. The State will reimburse Local Government
remaining funds to the Local Government within ninety (90) days of termination; or
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CSJ #
0598-02-119
District #
12 — Houston
Code Chart 64 #
32150
Project Name
SH 288 Northbound Frontage Rd
E. The Project is inactive for thirty-six (36) months or longer and no expenditures have
been charged against state funds, in which case the State may in its discretion
terminate this Agreement.
6. Amendments
Amendments to this Agreement due to changes in the character of the work, terms of the
Agreement, or responsibilities of the parties relating to the Project may be enacted through a
mutually agreed upon, written amendment.
7. 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.
8. Utilities
The party named in article 1, Responsible Parties, under AGREEMENT 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 the State of a delay
resulting from the Local Government's failure to ensure that utility facilities are adjusted,
removed, or relocated before the scheduled beginning of construction. The Local Government
will not be reimbursed with State funds for the cost of required utility work. The Local
Government must obtain advance approval for any variance from established procedures.
Before a construction contract is let, the Local Government shall provide, at the State's
request, a certification stating that the Local Government has completed the adjustment of all
utilities that must be adjusted before construction is commenced.
9. Environmental Assessment and Mitigation
Development of a transportation project must comply with applicable environmental laws. The
party named in article 1, Responsible Parties, under AGREEMENT is responsible for the
following:
A. The identification and assessment of any environmental problems associated with the
development of a local project governed by this Agreement.
B. The cost of any environmental problem's mitigation and remediation.
C. Providing any public meetings or public hearings required for the environmental
assessment process. Public hearings will not be held prior to the approval of Project
schematic.
D. The preparation of the NEPA documents required for the environmental clearance of
this Project.
If the Local Government is responsible for the environmental assessment and mitigation,
before the advertisement for bids, the Local Government shall provide to the State written
documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
10. 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
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0598-02-119
District #
12 — Houston
Code Chart 64 #
32150
Project Name
SH 288 Northbound Frontage Rd
Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
11. Procurement Standards
For projects being managed by the Local Government and on the State highway system or
that include state funding, the Local Government must obtain approval from the State for its
proposed procurement procedure for the selection of a professional services provider, a
contractor for a construction or maintenance project, or a materials provider.
12. Architectural and Engineering Services
The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for
the performance of architectural and engineering services. The engineering plans shall be
developed in accordance with the applicable State's Standard Specifications for Construction
and Maintenance of Highways, Streets and Bridges and the special specifications and special
provisions related to it. For projects on the state highway system, the design shall, at a
minimum conform to applicable State manuals. For projects not on the state highway system,
the design shall, at a minimum, conform to applicable American Association of State Highway
and Transportation Officials (AASHTO) design standards.
In procuring professional services, the parties to this Agreement must comply with Texas
Government Code 2254, Subchapter A. If the Local Government is the responsible party, the
Local Government shall submit its procurement selection process for prior approval by the
State. All professional service contracts must be reviewed and approved by the State prior to
execution by the Local Government.
13. Construction Responsibilities
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the
following:
A. 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 that
may become necessary subsequent to the award of the construction contract. Projects
must be authorized by the State prior to advertising for construction.
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.
C. If the Local Government is the responsible party, the Local Government shall submit its
contract letting and award procedures to the State for review and approval prior to
letting.
D. If the Local Government is the responsible party, the State must concur with the low
bidder selection before the Local Government can enter into a contract with the vendor.
E. Any change orders must be reviewed and approved by both parties.
F. Upon completion of the Project, the party responsible for constructing the Project will
issue and sign a "Notification of Completion" acknowledging the Project's construction
completion and submit certifications) sealed by a professional engineer(s) licensed in
the State of Texas.
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CSJ #
0598-02-119
District #
12 — Houston
Code Chart 64 #
32150
Project Name
SH 288 Northbound Frontage Rd
G. Upon completion of the Project, the party constructing the Project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
14. Project Maintenance
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.
15. Right of Way and Real Property
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the
provision and acquisition of any needed right of way or real property.
The Local Government shall be responsible for the following:
A. Right of way and real property acquisition shall be the responsibility of the 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.
B. If the Local Government is the owner of any part of the Project site under this
Agreement, the Local Government shall permit the State or its authorized
representative access to occupy the site to perform all activities required to execute the
work.
C. All parties to this Agreement 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, Title 42 U.S.C.A. Section 4601 et seq.,
including those provisions relating to incidental expenses incurred by the property
owners in conveying the real property to the Local Government and benefits applicable
to the relocation of any displaced person as defined in 49 CFR Section 24.2(g).
Documentation to support such compliance must be maintained and made available to
the State and its representatives for review and inspection.
D. The Local Government shall assume all costs and perform necessary requirements to
provide any necessary evidence of title or right of use in the name of the Local
Government to the real property required for development of the Project. The evidence
of title or rights shall be acceptable to the State, and be free and clear of all
encroachments. The Local Government shall secure and provide easements and any
needed rights of entry over any other land needed to develop the Project according to
the approved Project plans. The Local Government shall be responsible for securing
any additional real property required for completion of the Project.
E. 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.
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District #
12 — Houston
Code Chart 64 #
32150
Project Name
SH 288 Northbound Frontage Rd
F. The 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 the Local Government acquiring the real property. Tracings
of the maps shall be retained by the Local Government for a permanent record.
G. The Local Government agrees to make a determination of property values for each real
property parcel by methods acceptable to the State and to submit to the State a
tabulation of the values so determined, signed by the appropriate Local Government
representative. The tabulations shall 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. This tabulation shall be accompanied by an explanation to support the
determined values, together with a copy of information or reports used in calculating all
determined values. Expenses incurred by the Local Government in performing this
work may be eligible for reimbursement after the Local Government has received
written authorization by the State to proceed with determination of real property values.
The State will review the data submitted and may base its reimbursement for parcel
acquisitions on these values.
H. Reimbursement for real property costs will be made to the 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 the State's predetermined value of each parcel, or the net cost of the parcel,
whichever is less. In addition, reimbursement will be made to the Local Government
for necessary payments to appraisers, 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.
I. If the Project requires the use of real property to which the Local Government will not
hold title, a separate agreement between the owners of the real property and the Local
Government must be executed prior to execution of this Agreement. The separate
agreement must establish that the Project will be dedicated for public use for a period
of not less than 10 (ten) years after completion. The separate agreement must define
the responsibilities of the parties as to the use of the real property and operation and
maintenance of the Project after completion. The separate agreement must be
approved by the State prior to its execution. A copy of the executed agreement shall
be provided to the State.
16. Insurance
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 the State
with a fully executed copy of the 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 the State right of way is complete. If coverage is not maintained, all work on State
right of way shall cease immediately, and the State may recover damages and all costs of
completing the work.
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CSJ #
0598-02-119
District #
12 — Houston
Code Chart 64 #
32150
Project Name
SH 288 Northbound Frontage Rd
17. Notices
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:
City of Pearland
ATTN: City Manager
3519 Liberty Drive
Pearland, Texas 77581
State:
Texas Department of Transportation
ATTN: Director of Contract Services
125 E. 11'h Street
Austin, TX 78701
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.
18. Legal Construction
If 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.
19. 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.
20. 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 and information 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 format directed by the State, of photocopy reproduction on a
monthly basis or as required by the State. The originals shall remain the property of the Local
Government.
21. 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.
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0598-02-119
District #
12 — Houston
Code Chart 64 #
32150
Project Name
SH 288 Northbound Frontage Rd
22. 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.
23. Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement and property management
standards established in the Texas Uniform Grant Management Standards.
24. 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 the State and the Local Government, 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 completion of work defined under this Agreement or until any
impending litigation, or claims are resolved. Additionally, the State and the Local Government
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.
25. Audit
Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an audit or
investigation of any entity receiving funds from the state directly under the contract or indirectly
through a subcontract under the contract. Acceptance of funds directly under the contract or
indirectly through a subcontract under this contract 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.
26. Historically Underutilized Business (HUB) and Small Business Enterprise (SBE)
Requirements
For projects with State funds and no federal funds, the Local Government will be required to
follow the provisions of Texas Transportation Code §201.702 and 43 TAC §§9.354-9.355
(HUB) and §§9.314-9.315 (SBE). The Local Government must incorporate project goals
approved by TxDOT into project documents before advertising for receipt of bids. Contractors
must select HUBs and SBEs from TxDOT-approved or maintained sources. The Local
Government will provide monthly updates of HUB/SBE (as appropriate) participation and
report final accomplishments to TxDOT for credit to overall program goals.
For projects with no state or federal funds that are not on the state or federal highway
systems, the Local Government should follow its own local or specific ordinances and
procedures. Local Governments are encouraged to use HUBs and SBEs from TxDOT-
approved or maintained sources. The Local Government must also report final HUB
accomplishments to TxDOT for credit to overall program goals.
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12 — Houston
Code Chart 64 #
32150
Project Name
SH 288 Northbound Frontage Rd
27. Debarment Certifications
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.
28. Pertinent Non -Discrimination Authorities
During the performance of this Agreement, 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:
A. 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.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of Federal or Federal -aid programs and projects).
C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin, or
sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal -aid recipients, sub -recipients and contractors,
whether such programs or activities are Federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on
the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38.
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures nondiscrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, the parties must take reasonable steps to ensure that LEP persons have
meaningful access to the programs (70 Fed. Reg. at 74087 to 74100).
Page 11 of 12
AFA NonFed LongGen Rev. 07/17/2019
CSJ #
0598-02-119
District #
12 — Houston
Code Chart 64 #
32150
Project Name
SH 288 Northbound Frontage Rd
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties
from discriminating because of sex in education programs or activities (20 U.S.C. 1681
et seq.).
29. 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 under that party's signature.
THE STATE OF TEXAS
KeKil'eth Stewart U '
Director of Contract Services
Texas Department of Transportation
d31-;:-2'�3
Date
HE LOCAL GOVERNMENT
Clay J. Pelson
City Manaf er
City of Pearland
D.q - IV-Zoza
Date
Page 12 of 12
AFA NonFed LongGen Rev. 07/17/2019
ATTACHMENT A
RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER
Page 1 of 1
AFA NonFed LongGen Attachment A
RESOLUTION NO. R2020-24
A Resolution of the City Council of the City of Pearland, Texas, authorizing an
Advanced Funding Agreement with the State of Texas, in the amount of
$7,000,000.00, for the SH 288 Northbound Frontage Road Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Advance Funding Agreement .by and between the City of
Pearland and the State of Texas, a copy of which is attached hereto and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Advance Funding Agreement with the State of Texas, for.the SH 288
Northbound Frontage Road Project.
PASSED, APPROVED and ADOPTED this the 27th day of Janua 020.
ATT ST:.
TAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR '
ATTACHMENT B
LOCATION MAP SHOWING PROJECT
r y
� y
� U
NrF1 L
d1at,mtr
yjr tend nr a
FU 510 1
-- O o. Broadwatr St 1 X1.1
wwan End Project hltihl,
1r*r h u at FM 518
Caklai - 13�ge1 `at
r
4 t �k _* 1�„
� eo', nwyak
. p� �A
Hants Ave a'
Grimes fire
43
a t
9 Ln freestone A146
BeginProject M1 er G; a
at CR 59 Rd �+ ••
5'.,
fa
Carson Avea
R40011 Way Briatos Ln }'
'Kay Lo ArmstronpLn CR 59 *' �� South;akvr,
end Rd' = - _ - — _ -- --- f V O
_ u ,
>< FerloW Ln u
Tette ifatl U, W ko
i
EwNrOOr �& Ajpt�
Project Corridor +tette 1��
g,
Miles
0.25 0.125 4 0-25
Attachment B: N _
CSJ: 0598-02-119 �rl `1 Ads ��
W
Construct U Tum & 2 -lane N6 Frorrtage Road �
1 ��() f
BRAZORM COUNTY J
AFA NonFed LongGen
Page 1 of 1
Attachment B
ATTACHMENT C
PROJECT BUDGET
Costs will be allocated based on 100% Local Government funding. The Local Government will be
responsible for 100% of the costs and cost overruns.
Initial payment by the Local Government to the State: $0.00
Payment by the Local Government to the State before construction: $7,000,000.00
Estimated total payment by the Local Government to the State $7,000,000.00
This is an estimate. The final amount of Local Government participation will be based on actual costs.
Page 1 of 1
AFA NonFed LongGen Attachment C
Total Estimated
Federal Participation
State Participation
Local Participation
Description
Cost
Cost
Cost
Cost
Construction
$ 7,000,000
0%
$ -
0%
$ -
100%
$ 7,000,000
(by State
Subtotal
$ 7,000,000
$ -
$ -
$ 7,000,000
Environmental Direct
$ -
0%
$ -
0%
$ -
0%
$ -
State Costs
Right of Way Direct
$ -
0%
$ -
0%
$ -
0%
$ -
State Costs
Engineering Direct State
$ -
0%
$ -
0%
$ -
0%
$ -
Costs
Utility Direct State Costs
$ -
0%
$ -
0%
$ -
0%1$
-
Construction Direct
$ 100,000
0%
100%
$ 100,000
0%
$ -
State Costs
Indirect State Costs
$ 4.520
$ -
1 00%
$ 4,520
0%
$ -
TOTAL
$ 7,104,520
S -
$ 104,520
$ 7,000,000
Initial payment by the Local Government to the State: $0.00
Payment by the Local Government to the State before construction: $7,000,000.00
Estimated total payment by the Local Government to the State $7,000,000.00
This is an estimate. The final amount of Local Government participation will be based on actual costs.
Page 1 of 1
AFA NonFed LongGen Attachment C