R2020-202 2020-10-20_RepealedRESOLUTION NO. R2021-106
A Resolution of the City Council of the City of Pearland, Texas, repealing
Resolution R2020-202 and approving an Advanced Funding Agreement with
the State of Texas, in the amount of $449,600.00, for the Country Club Bridge
Replacement Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Resolution R2020-202 previously approved by City Council is hereby
repealed and that certain Advance Funding Agreement by and between the City of Pearland and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 Amended Advance Funding Agreement with the State of Texas, for
the Country Club Bridge Replacement Project.
PASSED, APPROVED and ADOPTED this the 9th day of August, A.D., 2021.
EST:
STAZ ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
ri
DARRIN M. COKER
CITY ATTORNEY
J VIN COLE
AYOR
RESOLUTION NO. R2020-202
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
$193,600.00, for the Country Club Bridge Replacement Project,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLANDI 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
Country Club Bridge Replacement Project.
PASSED, APPROVED and ADOPTED this the 12'h day of Octob r�.A D. 2020.
TOM REID
MAYOR
I1
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Texas
Department of Transportation
P.O. BOX 1386, HOUSTON, TEXAS 77251-1386 1713.802.5000 I WWW.TXDO7.GOV
July 23, 2019
CERTIFIED MAIL: 917199 99917039 60713873
Rajendra Shrestha, P.E., CFM
Assistant Director of Engineering, City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
RE: Off -System Bridge Replacement Program
City of Pearland
Dear Mr. Shrestha:
This is to advise you that all the deficient bridges listed on the attached spreadsheet have been
approved for replacement under the Texas Department of Transportation's (TxDOT) Off -System
Bridge Replacement Program.
Please review the list and respond if there are any bridges that City of Pearland (City) would prefer to
replace through an agreement with TXDOT. The agreement can be structured as an 80-10-10
percent split (federal -state -local) where the City would pay ten percent; or, the ten percent cash
match the City is responsible for may be waived if the City agrees to use an equivalent dollar amount
to structurally improve other deficient structures or drainage facilities. The federally funded project
on which the City's ten percent cost participation is waived is referred to as the "participation -
waived" project, while the project(s) to be performed by the City in return for the waiver is referred to
as the "equivalent match" project(s). Equivalent -match projects must be completed within 3 years of
the letting of the first participation -waived project.
For your use, please find attached a list of deficient bridges that are eligible for replacement in the
City'sjurisdiction. The item on the right side of the list labeled "10 percent (10%) Local Entity
Participation" is the City's estimated required participation.
Please respond by September 9, 2019, if there are any bridges on the attached spreadsheet that the
City prefers to replace with either funding method previously mentioned. The total 10% requirement
for participation on the bridges listed on the attachment is $193,600,00.
Should you require further information please contact me directly at, (713) 802-5633.
David D. Nitsch
District Programs Administrator
OUR VALU[S: People • Accountability •Trust •Honesty
OUR MISSION: Through collaboration and leadership, we deliver a sale, reliable, and integrated transportation system that enables the movement of people and goods.
An Equal Opportunity Employer
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Texas
Department of Transportation
P.O. BOX 1386, HOUSTON, TEXAS 77251-1386 1713.802.5000 I WWW.TXDOT.GOV
JUIy 23, 2019
CERTIFIED MAIL: 91 7199 99917039 60713873
Rajendra Shrestha, P.E., CFM
Assistant Director of Engineering, City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
RE: Off -System Bridge Replacement Program
City of Pearland
Dear Mr. Shrestha:
This is to advise you that all the deficient bridges listed on the attached spreadsheet have been
approved for replacement under the Texas Department of Transportation's (TxDOT) Off -System
Bridge Replacement Program.
Please review the list and respond if there are any bridges that City of Pearland (City) would prefer to
replace through an agreement with TXDOT. The agreement can be structured as an 80-10-10
percent split (federal -state -local) where the City would pay ten percent, or, the ten percent cash
match the City is responsible for may be waived if the City agrees to use an equivalent dollar amount
to structurally improve other deficient structures or drainage facilities. The federally funded project
on which the City's ten percent cost participation is waived is referred to as the "participation -
waived" project, while the project(s) to be performed by the City in return for the waiver is referred to
as the "equivalent match" project(s). Equivalent -match projects must be completed within 3 years of
the letting of the first participation -waived project.
For your use, please find attached a list of deficient bridges that are eligible for replacement in the
City'sjurisdiction. The item on the right side of the list labeled "10 percent (10%) Local Entity
Participation" is the City's estimated required participation.
Please respond by September 9, 2019, if there are any bridges on the attached spreadsheet that the
City prefers to replace with either funding method previously mentioned. The total 10% requirement
for participation on the bridges listed on the attachment is $193,600.00.
Should you require further information please contact me directly at, (713) 802-5633.
Sincergly,
David D. Nitsch
District Programs Administrator
OUR VALUES: People • Accountability •Trust •Honesty
OUR MISSION: Through collaboratlon and leadership, we deliver a safe, reNable, and Integrated transportation system that enables the movement of people and goods.
An Equal Opportunity Employer
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CSJ # 0912-7M58
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 1M2M- IV100675-001
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
For Bridge Replacement or Rehabilitation
Off the State System
THIS Advance Funding Agreement (the Agreement) is made by and between the
State of Texas, acting by and through the Texas Department of Transportation, called the
"State", and the City of Pearland, acting by and through its duly authorized officials, called
the "Local Government."
WITNESSETH
WHEREAS, Title 23 United States Code Section 144 authorizes federal funds to assist
the states in the replacement or rehabilitation of deficient bridges located on public
highways, roads, and streets, including those under the jurisdiction of local governments;
and
WHEREAS, the Texas Transportation Code Sections 201.103 and 222.052 establish that
the State shall plan and make policies for the construction of a comprehensive system of
state highways and public roads in cooperation with local governments; and
WHEREAS, the Local Government owns one or more bridges on a public road or street
located at Country Club Drive at Clear Creek, and these bridges are included in the
currently approved off -state system federal -aid Highway Bridge Replacement and
Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission
Minute Order Number 115550, dated August 29, 2019; and
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution or ordinance, which is attached to and made a part of this
agreement as Attachment A for the development of the specific programmed replacement
or rehabilitation project, called the "Project". The Project is identified in the location map
shown as Attachment B, which is attached to and made a part of this agreement.
Bridge AFA Page 1 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 12-02M- IV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
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, it is
agreed as follows:
AGREEMENT
1. Period of this Agreement
This Agreement becomes effective when signed by the last party whose signing
makes the Agreement fully executed. This Agreement shall remain in effect until
terminated as provided in Article 2.
2. 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 develop the project and the project does not
proceed, in which case the Local Government agrees to reimburse the State for
one -hundred percent (100%) of its reasonable actual direct and indirect costs
incurred for the project; or
D. The project is inactive for thirty-six (36) months or longer and no expenditures
have been charged against federal funds, in which case the State may at its
discretion terminate the agreement.
3. Amendments
Amendments to this Agreement may be made due to changes in the character of the
work, the terms of the Agreement, or the responsibilities of the parties. Amendments
shall be enacted through a mutually agreed upon written amendment executed by all
parties to this Agreement.
4. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
Agreement default, but all remedies existing at law and in equity may be availed of by
either party to this Agreement and shall be cumulative.
5. Scope of Work
The scope of work for this Agreement is the replacement or rehabilitation of the
bridges identified in the recitals of this Agreement. This replacement or rehabilitation
Bridge AFA Page 2 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 1M2M- M00675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
shall be accomplished in the manner described in the plans, speccations, and
estimates developed in accordance with this Agreement and which are incorporated
in this agreement by reference.
6. Right of Way and Real Property
A. The Local Government is responsible for the provision and acquisition of all
necessary right of way and will not be reimbursed with federal or state funds for
the required right of way.
B. The Local Government authorizes the State, its consultant, contractor, or other
designated representative to enter the sites of these bridges and adjacent right of
way or relocation right of way to perform surveys, inspections, construction, and
other activities necessary to replace or rehabilitate these bridges and
approaches.
7. Adjustment of Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation
of utility facilities in accordance with applicable state laws, regulations, rules, policies,
and procedures, 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 federal or 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
completed.
8. Environmental Assessment and Mitigation
Development of the Project must comply with the National Environmental Policy Act
and the National Historic Preservation Act of 1966, which require environmental
clearance of federal -aid projects.
A. The State is responsible for the identification and assessment of any
environmental problems associated with the development of the Project
governed by this Agreement.
B. Cost participation in environmental assessment and remediation work shall be
paid by the parties in the same ratio as construction costs and will be included in
the construction costs identified in Attachment D, Estimate of Direct Costs.
C. The State is responsible for providing any public meetings or public hearings
required for development of the environmental assessment.
Bridge AFA Page 3 of 18 Revised 09/04/2018
Bridge Division
CSJ IT 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 12-02M- IV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
D. The State will not begin construction of the Project until identified environmental
problems have been remediated, unless provided for otherwise.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of
the Project subject to this Agreement are in compliance with the Texas Accessibility
Standards (TAS) issued by the Texas Department of Licensing and Regulation, under
the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS
establishes minimum accessibility requirements to be consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336)
(ADA).
10. Architectural and Engineering Services
The State is responsible for performance of any required architectural or preliminary
engineering work. The Local Government may review and comment on the work as
required to accomplish the public purposes of the Local Government, The State will
cooperate fully with the Local Government in accomplishing these local public
purposes to the degree permitted by state and federal law. The Local Government
review shall not unduly delay the development of the Project:
11. Construction Responsibilities
A. The State shall advertise for construction bids, issue bid proposals, receive and
tabulate the bids, and award and administer the contract for construction of the
Project. Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent
to the award of the construction contract. In order to ensure federal funding
eligibility, projects must be authorized by the State prior to advertising for
construction.
B. Upon completion of the Project, the State will issue a "Notification of Completion"
acknowledging the Project's construction completion.
12. Project Maintenance
After the Project has been completed, the Local Government shall accept full
ownership, and operate and maintain the facilities authorized by this Agreement for
the benefit of and at no charge of toll to the public. This covenant shall survive the
completion of construction under this Agreement.
13. Local Project Sources and Uses of Funds
A. A Project Cost Estimate is provided in Attachment D, Estimate of Direct Costs.
Bridge AFA Page 4 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 1M2M- M00675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
B. Attachment D provides a source of funds estimate as well as the estimated direct
preliminary engineering, construction engineering, and construction costs for the
Project in total and by the Local Government.
C. The required Local Government participation is based solely upon the State's
estimate of the eligible work at the time this Agreement is executed and will not
be adjusted during construction except as needed to include any Project cost
item or portion of a cost item ineligible for state or federal participation. In
addition to its share of estimated direct engineering and construction costs, the
Local Government is responsible for the direct cost of any project cost item or
portion of a cost item that is not eligible for federal participation under the federal
HBRRP. The Local Government is also responsible for any cost resulting from
changes made at the request of the Local Government. The State and the
Federal Government will not reimburse the Local Government for any work
performed before federal spending authority is formally obligated to the Project
by the Federal Highway Administration. After federal funds have been obligated,
the State will send to the Local Government a copy of the formal documentation
showing the obligation of funds including federal award information.
D. If the Local Government will perform any work under this contract for which
reimbursement will be provided by or through the State, the Local Government
must complete training 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 Qualification for the Texas Department of
Transportation. 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
designated a qualified individual to oversee the Project.
E. After execution of this Agreement, but thirty (30) days prior to the performance of
any work by the State, the Local Government shall remit to the State the amount
specified in Attachment D for the Local Government's contribution for preliminary
engineering. The Local Government will pay, at a minimum, its funding share for
this estimated cost of preliminary engineering.
F. Forty-five (45) days prior to the date set for receipt of the construction bids, the
Local Government shall remit its remaining financial share for the State's
estimated construction oversight and construction costs and any other costs
owed.
G. If, at the completion or termination of the Project, the State determines that
additional funding is required by the Local Government, the State shall notify the
Bridge AFA Page 5 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 1M2M- M00675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
Local Government in writing. The Local Government shall make payment to the
State within thirty (30) days from receipt of the State Is written notification.
H. 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". The check or warrant shall be
deposited by the State and managed by the State. The funds may only be
applied to the State Project,
I. 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.
J. The State will not pay interest on any funds provided by the Local Government.
K. The Local Government funding participation responsibilities include Project direct
costs only, except when the Project is terminated before completion at the
request of the Local Government as addressed in the Termination provision of
this Agreement.
L. The amounts shown on Attachment D are estimates only. If actual costs exceed
the estimates, this shall be considered a fixed price agreement, and no additional
funding shall be required of the Local Government except to the extent that the
additional costs result from changes made at the request of the Local
Government or to the extent that the additional costs are not eligible for federal
participation under the federal HBRRP. If actual costs are less than the
estimates, Local Government participation shall be recalculated based on actual
costs. If the recalculation results in a reduction in participation by the Local
Government, the State shall pay the difference to the Local Government upon
completion of the Project.
M. Under the provisions of Texas Transportation Code Section 222.053 certain
counties qualify as Economically Disadvantaged Counties (EDC) in comparison
to other counties in the state as below average per capita property value, below
average per capita income, and above average unemployment, for certain years.
If applicable, in consideration of such EDC status that may be applicable for the
Project, the required local match fund participation has been adjusted to N/A
percent (N/A %).
N. The State will not execute the contract for the construction of a Project until the
required funding has been made available by the Local Government in
accordance with this Agreement.
O. The state auditor may conduct an audit or investigation of any entity receiving
funds from the State directly under this contract or indirectly through a
subcontract under this contract. Acceptance of funds directly under this 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
Bridge AFA Page 6 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # IIM2MwIV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
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.
P. 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, and if federal funding is
reduced as a result, the State shall have no responsibility to reimburse the Local
Government for those costs.
14. .Performance by Local Government of Equivalent -Match Projects (EMP) in
Return for Waiver of Local Match Participation Funding on Participation -
Waived Projects (PWP)
A. Applicability. If a request for waiver has been received and approved by the
State's District Engineer, then the required ten percent matching fund
participation or percent as adjusted for EDC consideration, as shown in
Attachment D, Estimate of Direct Costs, but excluding ineligible costs under the
bridge program, is waived. This waiver is based on the commitment of the Local
Government to spend an equivalent amount of funds for structural or safety
improvement on "other" bridge structures and other conditions as specified in 43
TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined
to be a PWP and the work on the "other" bridge structures that will be improved
by the Local Government shall be defined to be the EMPs. Attachment C to this
Agreement shows a list of EMPs under this Agreement.
B. Project Cost Estimate for PWP. Attachment D to this Agreement shows the
estimated direct preliminary engineering, construction engineering, and
construction costs for the PWP in total and local match fund participation being
waived or partially waived.
C. Credit Against EMP Work. Any local match fund participation that has already
been paid, or which the Local Government is agreeable to paying to the State,
will be credited against EMP work to be performed by the Local Government. If
applicable, this credit will be reflected in Attachment D to this Agreement.
D. Responsibilities of the Local Government on EMPs.
1. The Local Government shall be responsible for all engineering and
construction, related costs, and compliance with all applicable state and
federal environmental regulations and permitting requirements.
Bridge AFA Page 7 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-7M58
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 12-02M- IV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
2. The structural or safety improvement work on the EMPs shall be performed
subsequent to the final execution of this Agreement but within three (3)
calendar years after the earliest contract award of the related PWPs.
3. Written documentation, suitable for audit, of the structural or safety
improvement work completed on the EMPs shall be kept on file by the Local
Government for four (4) years after completion of work or claims, lawsuits, or
audits related to those items, whichever is longer. A notice of completion of
work on the EMPs shall be delivered to the State's District Engineer no later
than thirty (30) calendar days after work is completed on the EMPs.
4. Failure by the Local Government to adequately complete the EMPs within the
stated three-year period shall result in the Local Government being excluded
from receiving such waivers for a minimum of five (5) years.
E. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver
of eligible program costs, the Local Government shall pay the State one -hundred
percent (100%) of the cost of any PWP item or portion of a cost item that is not
eligible for federal or state participation, and one -hundred percent (100%) of the
costs resulting from additional work on the PWP performed solely at the request
of the Local Government. If the ineligible or additional work is preliminary
engineering, the payment shall be made at least thirty (30) days prior to the
beginning of preliminary engineering work on the PWP. If the ineligible or
additional work is for construction or construction engineering, the payment shall
be made at least forty-five (45) days prior to the date set for receipt of bids for
construction of the PWP.
15. 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:
State: Director, Bridge Division
Texas Department of Transportation
125 E. 11 th Street
Austin, Texas 78701
Local Government:
The Honorable Tom Reid
Mayor, City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
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
Bridge AFA Page 8 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-7M58
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 1M2M- M00675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
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.
16. Legal Construction
In case one or more of the provisions contained in this Agreement shall for any
reason be held invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions and this Agreement
shall be construed as if it did not contain the invalid, illegal, or unenforceable
provision.
17. Responsibilities of the Parties
The parties to this Agreement agree that no party is an agent, servant, or employee
of the other party and each party agrees it is responsible for its individual acts and
deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
18. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the
State shall remain the property of the State. All data prepared under this Agreement
shall be made available to the State without restriction or limitation on their further
use. All documents produced or approved or otherwise created by the Local
Government shall be transmitted to the State in the form of photocopy reproduction
on a monthly basis as required by the State. The originals shall remain the property
of the Local Government. At the request of the State, the Local Government shall
submit any information required by the State in the format directed by the State.
19. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances,
rules and regulations, and the orders and decrees of any courts or administrative
bodies or tribunals in any manner affecting the performance of this Agreement.
When required, the Local Government shall furnish the State with satisfactory proof
of this compliance.
20. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
subject matter of this Agreement.
Bridge AFA Page 9 of 18 Revised 09/04/2018
Bridge Division
CSJ IT 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 1M2M- M00675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
21. Office of Management and Budget (OMB) Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in 2 CFR 200 that specify that all reimbursed costs are
allowable, reasonable, and allocable to the Project.
22. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR
§18.36 and with the property management standard established in Title 49 CFR
§18.32.
23. Inspection of Books and Records
The parties to the Agreement shall maintain all books, documents, papers,
accounting records, and other documentation relating to costs incurred under this
Agreement and shall make such materials available to the State, the Local
Government, and, if federally funded, the Federal Highway Administration (FHWA)
and the U.S. Office of the Inspector General, or their duly authorized representatives,
for review and inspection at its office during the contract period and for four (4) years
from the date of completion of work defined under this contract or until any impending
litigation or claims are resolved. Additionally, the State, the Local Government, the
FHWA, and their duly authorized representatives shall have access to all the
governmental records that are directly applicable to this Agreement for the purpose of
making audits, examinations, excerpts, and transcriptions.
24. Civil Rights Compliance
A. Compliance with Regulations: The Local Government 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.
B. Nondiscrimination: The Local Government, with regard to the work performed by it
during the contract, 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 contract covers any activity,
project, or program set forth in Appendix B of 49 CFR Part 21.
C. 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
Bridge AFA Page 10 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 12-020-0-M00675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
notified by the Local Government of the Local Government's obligations under this
contract and the Acts and Regulations relative to Nondiscrimination on the grounds
of race, color, or national origin.
D. 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 Federal Highway Administration, as appropriate, and
will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of the Local Government's
noncompliance with the Nondiscrimination provisions of this contract, the State will
impose such contract sanctions as it or the FHWA may determine to be
appropriate, including, but not limited to:
1. withholding of payments to the Local Government under the contract until the
Local Government complies and/or
2. cancelling, terminating, or suspending of the contract, in whole or in part.
F. 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,
25. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved
DBE program.
C. The Local Government shall set 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
Bridge AFA Page 11 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 12-02M- IV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
have final decision -making authority regarding the DBE goal and shall be
responsible for documenting its actions.
D. 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.
E. 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.).
F. 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 shall 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.
26. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is
debarred or suspended or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549, "Debarment and
Suspension." By executing this agreement, the Local Government certifies that it is
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 that is currently debarred,
Bridge AFA Page 12 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 12-02M- IV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
suspended, or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549. The parties to this contract shall
require any party to a subcontract or purchase order awarded under this contract to
certify its eligibility to receive Federal funds and, when requested by the State, to
furnish a copy of the certification.
27. Lobbying Certification
In executing this Agreement, each signatory certifies to the best of that signatory's
knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with federal contracts, grants,
loans, or cooperative agreements, the signatory for the Local Government shall
complete and submit the Federal Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
C. The parties shall require that the language of this certification be included in the
award documents for all 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 for making or entering into this transaction imposed
by Title 31 U.S.C. §1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
28. Federal Funding Accountability and Transparency Act Requirements
A. 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: http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-
22705.pdf and http://www.gpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706,pdf.
B. The Local Government agrees that it shall:
Bridge AFA Page 13 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 12-02MmIV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
1. Obtain and provide to the State, a Central Contracting Registry (CCR)
number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award
provides for more than $25,000 in Federal funding. The CCR number may be
obtained by visiting the CCR web -site whose address is:
https://sam.gov/SAM/pages/public/index.jsf;
2. Obtain and provide to the 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 (D&B) on-line registration website
http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five (5) executives to the
State if:
i. More than 80% of annual gross revenues are from the Federal
government, and those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to
the U.S. Securities and Exchange Commission.
29. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors,
assigns, and administrators to the other party to this Agreement and to the
successors, executors, assigns, and administrators of such other party in respect to
all covenants of this Agreement.
30. Local Government Restrictions
In the case that the Local Government has an existing, future, or proposed local
ordinance, commissioners court order, rule, policy, or other directive that is more
restrictive than the state or federal regulations that results in an increase cost to the
State for the project, the local government is responsible for all increased costs
associated with the ordinance, order, policy, directive, or change.
31. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984,
P.L. 98-502, ensuring that the single audit report includes the coverage stipulated
in 2 CFR 200.
B. If threshold expenditures of $750,000 or more are met during the fiscal year, the
Local Government must submit a Single Audit Report and Management Letter (if
applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX
78701 or contact TxDOT's Compliance Division at singleaudits(txdot.gov.
Bridge AFA Page 14 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-7M58
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 1M2M- IV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
C. If expenditures are less than the threshold during the Local Government's fiscal
year, the Local Government must submit a statement to TxDOT's Compliance
Division as follows: "We did not meet the $ expenditure threshold and
therefore, are not required to have a single audit performed for FY W "
D. For each year the project remains open for federal funding expenditures, the
Local Government will be responsible for filing a report or statement as described
above. The required annual filing shall extend throughout the life of the
agreement, unless otherwise amended or the project has been formally closed
out and no charges have been incurred within the current fiscal year.
Bridge AFA Page 15 of 18 Revised 09/04/2018
Bridge Division
CSJ IT 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 12-02M- IV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
32. 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:
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, subrecipients and contractors,
whether such programs or activities are Federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38.
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low -Income Populations, which ensures
nondiscrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations.
Bridge AFA Page 16 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 1M2M- IV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
K. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, the parties must take reasonable steps to ensure that
LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to
74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the
parties from discriminating because of sex in education programs or activities (20
U.S.C. 1681 et seq.).
33. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
agreement on behalf of the entity represented.
Bridge AFA Page 17 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 12-02M- IV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Graham Bettis, P.E.
Bridge Division Director
Texas Department of Transportation
Date
Bridge AFA Page 18 of 18 Revised 09/04/2018
Bridge Division
CSJ # 0912-7M58
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 1M2M- M00675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT
Bridge AFA Page 1 of 1
Bridge Division
A
N
25 miles
518
CSJ # 0912-72-558
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 12-02M- IV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT B
PROJECT LOCATION MAP
CSJ: 0912-72-558
N B I: 12-U-020-MUU 675-UU 1
Location: Country Club Dr. at Clear Creek,
City of Pearland
Description of Work:
Replace bridge and approaches
o�
a`4
,
I j 4 1 1 1 11 or,
P�ARLANU
L
Key Map Location
615
Bridge AFA Page 1 of 1
Bridge Division
O
Texas
Department
of Transportation
CSJ # 0912-7M58
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # 12-02M- IV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT C **
LIST OF DISTRICT ENGINEER APPROVED
EQUIVALENT -MATCH PROJECTS
Location (and
structure
identification number,
if applicable
On School
Bus
Route?
(Yes/No
Historic
Bridge?
(Yes/No)
Description of
Structural or Safety
Improvement Work
Estimated
Cost
Total
EMP work credited to
this PWP*
Balance of EMP work
available to associated PWPs
Associated PWPs CSJs
Amount to be Credited to Associated
PWPs
*This total should typically equal the "Balance of Local Government Participation" that is
waived as shown in Attachment D.
**This attachment not applicable for non-PWPs.
Bridge AFA Page 1 of 1
Bridge Division
CSJ # 0912J2-b58
District # 12
Code Chart 64 # 32150
Project: Country Club Dr at Clear Creek
NBI Structure # IIM2M- IV100675-001
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT D
ESTIMATE OF DIRECT COSTS
Preliminary Engineering (PE)
Ten Percent (10%) or EDC Adjusted
Percent of PE for Local Government
Participation
Construction
Engineering and Contingency (E&C)
The Sum of Construction and E&C
Ten Percent (10%) or EDC Adjusted
Percent of the Sum of Construction and
E&C for Local Government Participation
Amount of Advance Funds Paid by
Local Government
Amount of Advance Funds to be Paid by
Local Government
Balance of Local Government
Participation which is to be Waived
where the Project is a PWP
Total Project Direct Cost
Estimated Cost
1) $160,000
$1,600,000
176,000
(2) $1,776,000
*Credited Against Local Government Participation Amount
Local Government
Participation
(3) $16,000
(4) $177,600
(6) $193,600
If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as Shown
on Attachment C. N/A
Bridge AFA Page 1 of 1
Bridge Division