R2021-105 2021-06-14RESOLUTION NO. R2021-105
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
$70,000.00, for the Liberty Drive/FM 518 Traffic Signal 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 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
Liberty Drive/FM 518 Traffic Signal Project.
PASSED, APPROVED and ADOPTED this the 14th day of June, A.D., 2021.
iVINCO E
AYOel
AT
TAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
, .. 6-L__,
DARRIN M. COKER
CITY ATTORNEY
DocuSign
Certificate Of Completion
Envelope Id: 010F104E26BB40E5BB0F449A859C0C3C
Subject: Please DocuSign: Advance Funding Agreement; 0976-02-095 City of Pearland Log # 44851
Source Envelope:
Document Pages: 7 Signatures: 2
Certificate Pages: 6 Initials: 1
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Status: Completed
Envelope Originator:
Julie Dishman
125 E. 11 th Street
Austin, TX 78701
julie.dishman@txdot.gov
IP Address: 204.64.21.250
Record Tracking
Status: Original Holder: Julie Dishman
7/2/2021 3:22:45 PM
julie.dishman@txdot.gov
Location: DocuSign
Signer Events Signature
Timestamp
Crystal Roan
croan@pearlandtx.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/21/2020 12:54:01 PM
ID: 1f7fa60d-3e45-4a4a-a594-7efee47b613c
Kevin Cole
kcole@pearlandtx.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/7/2021 8:03:10 AM
ID: 54a4dcf8-cba1-4677-8872-618565c256ea
Eliza C. Paul
Eliza.Paul@txdot.gov
District Engineer
TXDOT
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
c2;s
Signature Adoption: Pre -selected Style
Using IP Address: 174.203.4.41
-DocuSigned by
C� 7ZIL.
'-2F8OB858BC2A475
Signature Adoption: Drawn on Device
Using IP Address: 174.202.231.58
Signed using mobile
p-DocuSigned by:
PDJ
"-DF6493334509439...
Signature Adoption: Drawn on Device
Using IP Address: 204.64.21.251
Sent: 7/2/2021 3:45:16 PM
Viewed: 7/2/2021 3:49:42 PM
Signed: 7/2/2021 3: 50: 09 PM
Sent: 7/2/2021 3:50:11 PM
Viewed: 7/7/2021 8:03:10 AM
Signed: 7/7/2021 8:04:38 AM
Sent: 7/7/2021 8:04:41 AM
Viewed: 7/7/2021 8:35:07 AM
Signed: 7/7/2021 8: 37: 04 AM
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Denese Laskowski
Denese.Laskowski@txdot.gov
TxDOT
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Renee Kross
rkross@pearlandtx.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Tiffany Stodder
tstodder@pearlandtx.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Connie Knesek
Connie.Knesek@txdot.gov
Contract Specialist
TxDOT
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
FI N_Local-Participation
FI N_Local-Participation@txdot.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Daniel Dargevics
Daniel.Dargevics@txdot.gov
Texas Department of Transportation
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Samir Goel
samir.goel@txdot.gov
Transportation Engr Supvr
Texas Department of Transportation
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
COPIED
COPIED
COPIED
COPIED
COPIED
COPIED
COPIED
Sent: 7/7/2021 8:04:40 AM
Sent: 7/7/2021 8:37:06 AM
Sent: 7/7/2021 8:37:07 AM
Sent: 7/7/2021 8:37:08 AM
Sent: 7/7/2021 8:37:10 AM
Sent: 7/7/2021 8:37:11 AM
Sent: 7/7/2021 8:37:13 AM
Witness Events
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Envelope Summary Events
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Envelope Sent
Hashed/Encrypted 7/2/2021 3:45:16 PM
Envelope Summary Events Status Timestamps
Certified Delivered Security Checked 7/7/2021 8:35:07 AM
Signing Complete Security Checked 7/7/2021 8:37:04 AM
Completed Security Checked 7/7/2021 8:37:13 AM
Payment Events
Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 1/9/2015 7:21:34 AM
Parties agreed to: Crystal Roan, Kevin Cole
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DocuSign Envelope ID: 010F104E-26BB-40E5-BBOF-449A859C0C3C
CSJ #
0976-02-095
District #
12-Houston
Code Chart 64 #
32150
Project Name
FM 518 at Liberty Drive Signals
STATE OF TEXAS
COUNTY OF TRAVIS
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT PROJECTS
WITH NO REQUIRED MATCH
ON -SYSTEM
THIS 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, federal law establishes federally funded programs for transportation improvements
to implement its public purposes, and
WHEREAS, Transportation Code, Chapters 201 and 221, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the
State Highway System; and
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter
221, authorize the State to contract with municipalities and political subdivisions; and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 115550 and
115814 authorizing the State to undertake and complete a highway improvement generally
described as improve traffic signal on FM 518 at Liberty Drive; and
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding that portion of the improvement described as
upgraded signal poles and upgraded traffic control system (Project); and
WHEREAS, the State has determined that such participation is in the best interest of the
citizens of the state;
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:
Page 1 of 5
AFA VoITIP Revised 10/13/2017
DocuSign Envelope ID: 010F104E-26BB-40E5-BBOF-449A859C0C3C
CSJ #
0976-02-095
District #
12-Houston
Code Chart 64 #
32150
Project Name
FM 518 at Liberty Drive Signals
AGREEMENT
1. 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 full force and effect until
the Project has been completed and accepted by all parties or unless terminated as
provided below.
2. Project Funding and Work Responsibilities
A. The State will authorize the performance of only those Project items of work
which the Local Government has requested and has agreed to pay for as
described in Attachment A, Payment Provision and Work Responsibilities
(Attachment A) which is attached to and made a part of this contract. In addition
to identifying those items of work paid for by payments to the State, Attachment
A also specifies those Project items of work that are the responsibility of the
Local Government and will be carried out and completed by the Local
Government, at no cost to the State.
B. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its financial share for the State's estimated
construction oversight and construction costs.
C. In the event that the State determines that additional funding by the Local
Government is required at any time during the Project, the State will notify the
Local Government in writing. The Local Government shall make payment to the
State within thirty (30) days from receipt of the State's written notification.
D. 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.
3. Right of Access
If the Local Government is the owner of any part of the Project site, the Local
Government shall permit the State or its authorized representative access to the site to
perform any activities required to execute the work.
4. Adjustments Outside the Project Site
The Local Government will provide for all necessary right of way and utility adjustments
needed for performance of the work on sites not owned or to be acquired by the State.
5. 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.
Page 2 of 5
AFA VoITIP Revised 10/13/2017
DocuSign Envelope ID: 010F104E-26BB-40E5-BBOF-449A859C0C3C
CSJ #
0976-02-095
District #
12-Houston
Code Chart 64 #
32150
Project Name
FM 518 at Liberty Drive Signals
6. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes,
specifications, contract provision requirements and related documentation in a
Microsoft® Word or similar document. If requested by the State, the Local Government
will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format
required by the State. This requirement applies whether the local government creates
the documents with its own forces or by hiring a consultant or professional provider. At
the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
7. Interest
The State will not pay interest on funds provided by the Local Government. Funds
provided by the Local Government will be deposited into, and retained in, the State
Treasury.
8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, the State will supervise and inspect
all work performed hereunder and provide such engineering inspection and testing
services as may be required to ensure that the Project is accomplished in accordance
with the approved plans and specifications. All correspondence and instructions to the
contractor performing the work will be the sole responsibility of the State. Unless
otherwise specifically stated in Attachment A to this contract, all work will be performed
in accordance with the Standard Specifications for Construction and Maintenance of
Highways, Streets, and Bridges adopted by the State and incorporated in this agreement
by reference, or special specifications approved by the State.
9. Increased Costs
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
replats, result in increased cost to the department for a highway improvement project,
then any increased costs associated with the ordinances or changes will be paid by the
Local Government. The cost of providing right of way acquired by the State shall mean
the total expenses in acquiring the property interests either through negotiations or
eminent domain proceedings, including but not limited to expenses related to relocation,
removal, and adjustment of eligible utilities.
10. 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.
Page 3 of 5
AFA VoITIP Revised 10/13/2017
DocuSign Envelope ID: 010F104E-26BB-40E5-BBOF-449A859C0C3C
CSJ #
0976-02-095
District #
12-Houston
Code Chart 64 #
32150
Project Name
FM 518 at Liberty Drive Signals
11. 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 Attachment A or existing
maintenance agreements with the Local Government.
12. Termination
A. This agreement may be terminated in the following manner:
1. By mutual written agreement and consent of both parties;
2. By either party upon the failure of the other party to fulfill the obligations set
forth in this agreement; or
3. By the State if it determines that the performance of the Project is not in the
best interest of the State.
B. If the agreement is terminated in accordance with the above provisions, the Local
Government will be responsible for the payment of Project costs incurred by the
State on behalf of the Local Government up to the time of termination.
C. Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due to the Local Government, the State, or the Federal
Government will be promptly paid by the owing party.
13. Notices
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail,
(electronic notice being permitted to the extent permitted by law but only after a separate
written consent of the parties), addressed to such party at the following addresses:
Local Government:
City of Pearland
ATTN: Mayor
3519 Liberty Drive
Pearland, TX 77581
State:
Texas Department of Transportation
ATTN: Director of Contract Services
125 E. 11th Street
Austin, TX 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided in 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 such notices shall be delivered personally or by certified U.S. mail
and such request shall be honored and carried out by the other party.
14. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other
existing agreements between the Local Government and the State, the latest agreement
shall take precedence over the other agreements in matters related to the Project.
Page 4 of 5
AFA VoITIP
Revised 10/13/2017
DocuSign Envelope ID: 010F104E-26BB-40E5-BBOF-449A859C0C3C
CSJ #
0976-02-095
District #
12-Houston
Code Chart 64 #
32150
Project Name
FM 518 at Liberty Drive Signals
15. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors,
assigns, and administrators to the other party to this agreement and to the successors,
executors, assigns, and administrators of such other party in respect to all covenants of
this agreement.
16. Amendments
By mutual written consent of the parties, this agreement may be amended in writing prior
to its expiration.
17. State Auditor
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.
18. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
Agreement on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government.
THE STATE OF TEXAS
-DocuSigned by: _ o
SignaQ pCpp,)ture SUy4:i9...
Eliza C. Paul, P.E.
Typed or Printed Name
Houston District Engineer
Typed or Printed Title
7/7/2021
Date
THE LOCAL GOVERNMENT
DocuSigned by:
cL—
`ignatureA"s
Kevin Cole
Typed or Printed Name
Mayor
Typed or Printed Title
7/7/2021
Date
Page 5 of 5
AFA VoITIP Revised 10/13/2017
DocuSign Envelope ID: 010F104E-26BB-40E5-BBOF-449A859C0C3C
CSJ #
0976-02-095
District #
12-Houston
Code Chart 64 #
32150
Project Name
FM 518 at Liberty Drive Signals
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The Local Government has requested the State include the following to the State's project to
improve signals at FM 518 at Liberty Drive: 1) upgraded signal poles, from the standard TxDOT
poles to the Local Government's standard fluted black poles; 2) upgraded standard TxDOT
traffic control system and equipment to include wireless magnetometer detection. The Local
Government shall be responsible for 100% of the cost difference of these upgrades, including
overruns. The estimated cost of the upgrades is $70,000.00.
The Local Government shall maintain the work after Project completion.
Page 1 of 1
AFA VoITIP Attachment A
DocuSign Envelope ID: 010F104E-26BB-40E5-BBOF-449A859C0C3C
O
Texas Department of Transportation
DocuSign Routing
Advance Funding Agreement for Voluntary Local
Government Contributions to Transportation Improvement
Agreement title: Proiects CSJ 0976-02-095 - City of Pearland
Lo#:
44851
This form is to be completed and forwarded to Contract Services to reflect the order, name, title, and email address of
individuals required to review, sign, and receive a copy of the agreement.
NAME ENTITY EMAIL
1. Crystal Roan City of Pearland - City Secretary croan@pearlandtx.gov Review 7/2/2021
2, Kevin Cole City of Pearland - Mayor kcole@pearlandtx.gov Sign
3. Renee Kross City of Pearland rkross@pearlandtx.gov CC:
4. Tiffany Stodder City of Pearland tstodder@pearlandtx.gov CC:
p-DS
Cie
5. Select One
6. Select One
7. Select One
8. Select One
REV 04/28/2020