R2022-016 2022-04-25RESOLUTION NO. R2022-16
A Resolution of the City Council of the City of Pearland, Texas, authorizing
an Advanced Funding Agreement with the State of Texas, for a fixed price
joint participation agreement associated with the costs of acquiring right-
of-way and relocating or adjusting utilities for the FM 518 Broadway
Expansion Project (SH 288 to Cullen Parkway), and authorizing the City
Manager or his designee to enter into a Reimbursement Agreement
between the City and the Pearland Economic Development Corporation
associated with the FM 518 Broadway Expansion 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 certain Reimbursement Agreement by and between the Pearland
Economic Development Corporation, a copy of which is attached and made a part hereof for all
purposes, is hereby approved.
Section 3.That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an Advance Funding Agreement with the State of Texas, and a
Reimbursement Agreement with the Pearland Economic Development Corporation.
PASSED, APPROVED and ADOPTED this the 25th day of April, A.D., 2022.
_________________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
LESLIE CRITTENDEN
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 6F6FD4D0-E81D-44E8-9618-3A323D0F46C7
DocuSign Envelope ID: 14425878-1338-4A03-985F-67B4055E91 B7
REIMBURSEMENT AGREEMENT
FM 518 / BROADWAY PHASE I ROW ACQISITION
This Agreement is entered into this 25 day of April, 2022, by and between the CITY OF
PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic Development
Corporation (hereinafter "PEDC").
WHEREAS, the PEDC is a Type B economic development corporation, created
pursuant to Chapter 505 of the Texas Local Government Code, as amended; and
WHEREAS, the PEDC previously approved a Broadway Corridor Development Plan
(hereinafter, "Plan") consisting of a variety of recommended mobility, infrastructure,
economic development and corridor appearance improvements intended to support the
Pearland Prosperity Strategic Plan's goal of enhancing the appearance of the FM 518 /
Broadway Corridor in order to sustain its economic prosperity; and
WHEREAS, the City, PEDC, and Texas Department of Transportation (TxDOT) desire
the construction of FM 518/ Broadway Widening improvements between SH 288 and FM
865 / Cullen Parkway (hereinafter "Improvements"); and
WHEREAS, TxDOT has entered into a contract for the design of the Improvements along
the FM 518 / Broadway corridor that incorporate recommendations from the Plan.
WHEREAS, TxDOT has initiated the property acquisition process for additional right-of-
way (ROW) needed along the FM 518/ Broadway corridor to construct the Improvements
and the City is responsible for sharing 10% of the ROW acquisition cost.
WHEREAS, Section 501.103 of the Texas Local Government Code (hereinafter"Code"),
in pertinent part, defines the term "project" to mean "expenditures that are found by the
board of directors to be required or suitable for infrastructure necessary to promote or
develop new or expanded business enterprises, limited to: (1) streets and roads, rail
spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements; (2) telecommunications and Internet
improvements . . ."; and
WHEREAS, the PEDC desires to fund the City's share of the ROW acquisition cost; and
WHEREAS, PEDC approved funding the City's share of the ROW acquisition cost at its
October 28, 2021 Board of Directors' meeting; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Improvements.
WITNESSETH:
1
DocuSign Envelope ID: 14425878-1338-4A03-985F-67B4055E91 B7
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is
hereby agreed as follows:
1. The fixed amount of the City's participation for ROW property acquisition along the
FM 518 / Broadway corridor between SH 288 and FM 865 / Cullen Parkway is
$407,500.00 ("City Participation") as itemized in, Exhibit "A" hereto attached.
PEDC shall fund an amount equal to the City's Participation, which shall be paid
to City in installments or a lump sum amount. The timing and amount of the
payment shall be determined at sole discretion of the City, but in no event shall the
total payments exceed the City Participation amount.
This Agreement shall be contingent upon the City and TxDOT entering into an
Advance Funding Agreement, whereby City agrees to the Local Government
Participation amount of 10% of the ROW property acquisition costs.
2. The initial term of this Agreement shall be for a period of four (4) years,
commencing on the day of , 20_, and may be renewed as needed
until the Improvements are substantially complete, except that the maintenance
obligations of PEDC shall survive the term of this agreement perpetually.
3. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
8. No assignment by a party hereto of any rights under or interests in this agreement
will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement.
9. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
10. Whenever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement is prohibitive or invalid under applicable law, such provision shall
be ineffective to the extent of such provision or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
11. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
12. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
2
DocuSign Envelope ID: 14425878-1338-4A03-985F-67B4055E91 B7
13. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
14. All notices which are required or may be given pursuant to this Agreement shall be
in writing and shall be sufficient if delivered personally or by first class mail, postage
prepaid, return receipt requested, or by a nationally recognized courier, to the
parties and their attorneys at the addresses set out below or such other addresses
as the parties or their attorneys may hereafter notify one another:
If to City: City of Pearland
Attn: Clay Pearson, City Manager
3519 Liberty Drive
Pearland, TX 77581
If to PEDC: Pearland Economic Development Corporation
Attn: Chairman
3519 Liberty Drive, Suite 350
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
3
DocuSign Envelope ID: 14425878-1338-4A03-985F-67B4055E91 B7
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-profit corporation
By:
Mona Chavarria
Vice Chair
CITY OF PEARLAND,
a Texas municipal corporation
—DocuSigned by:
B8283B69CUO468_..
Clay riearson,
City Manager
ATTEST:
DocuSigned by:
LsEie6;r41`enden
City Secretary
4
DocuSign Envelope ID: 14425878-1338-4A03-985F-67B4055E91 B7
EXHIBIT A
Standard Agreement to Contribute
State Performs Work
Attachment C
Participation Total%
Description Total Estimated Cost State Local (should be
Cost Cost 100%)
Right of Way
Acquisition $3,075,000.00 90.0% $2,767,500.00 10.0% $307,500.00 100.0%
Reimbursable
Utillity Adjustments $1,000,000.00 90.0% $900,000.00 10.0% $100,000.00 100.0%
Joint Bid-
Reimbursable
Utillity Adjustments 0.0%
TOTAL $4,075,000.00 90% $3,667,500.00 10% $407,500.00 100%
Fixed Amount
Except as otherwise provided in the Agreement,the fixed amount of Local Government
particopation will be that amount provided above.
5
County Braz oria
District Houston
ROW CSJ # 3416-01-014
CCSJ # 3416-01-012
Federal Project #:
CFDA Title: Highway Planning & Cons truc tion
CFDA # 20.205
Federal Highway Administration
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS (FIXED PRICE)
THIS AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, (the “State ”), and City of Pearland, T exas, acting through its duly
authorized officials (the “Local Government”).
WITNESSETH
WHEREAS, Te xas Transportation Code §§ 201.103 and 222.052 establish that the State shall
design, construct, and operate a system of highways in cooperation with local governments; and
WHEREAS, Texas Transportation Code, §§ 201.209 authorizes the State and a Local
Government to enter into agreements in accordance with Texas Government Code, Chapter 791;
and
WHEREAS, the State has deemed it necessary to make certain highway improvements on
Highway No. FM 518 from SH 288 to F M 865, and this section of highway improvements wil l
necessitate the acquisition of certain right of way and the relocating and adjusting of utilities (the
“Project”); and
WHEREAS, the Local Go vernment requests that the State assume responsibility for acquisition of
all necessary right of way and adjustment of utilities for this highway project; and
WHEREAS, the Local Go vernment desires to enter into a fi xed price joint participation agreement
pursuant to 43 TAC §15.52 to contribute to the State funding participation as defined in 43 TAC
§15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper
improvement of the State Highway Sy stem;
WHERE AS, the Governing Body of the Local Governm ent has approved entering into this
agreement by resolution or ordinance dated , 2022 , which is attached to and made a
part of this agreement as Attachment A. A map showing the Project location appears in
Attachment B, which is attached to and made a part of this agreement.
NOW THEREFORE, the State and the Local Government do agree as follows:
Agreement to Contribute - Fixed Price | V1.00 | Page 1 of 10
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41D
April 25
DocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
County Braz oria
District Houston
ROW CSJ # 3416-01-014
CCSJ # 3416-01-012
Federal Project #:
CFDA Title: Highway Planning & Cons truc tion
CFDA # 20.205
Federal Highway Administration
Not Research and Development
Agreement to Contribute - Fixed Price | V1.00 | Page 2 of 10
AG REEM ENT
1. Agreeme nt Pe riod
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.
2. Termination
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; or
C. 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 in its discretion terminate this
agreement.
3. Local Project Sources and Uses of Funds
A. The total estimated cost of the Project is shown in Attachment C, Project Budget Estimate
and Payment Schedule, which is attached to and made a part of this agreement. The
expected cash contributions from the Federal or State government, the Local Government,
or other parties is shown in Attachment C. The Local Government shall pay to the State
the amount shown in Attachment C as its required contribution of the total cost of the
Project and shall transmit to the State with the return of this agreement, duly executed by
the Local Government, a warrant or check for the amount and according to the payment
schedule shown in Attachment C.
B. The Local Government’s fixed price contribution set forth in Attachment C is not subject to
adjustment unless:
1. site conditions change;
2. work requested by the Local Government is ineligible for federal
participation; or
3. the adjustment is mutually agreed on by the State and the Local
Government.
C. 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
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
County Braz oria
District Houston
ROW CSJ # 3416-01-014
CCSJ # 3416-01-012
Federal Project #:
CFDA Title: Highway Planning & Cons truc tion
CFDA # 20.205
Federal Highway Administration
Not Research and Development
Agreement to Contribute - Fixed Price | V1.00 | Page 3 of 10
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.
D. Whenever funds are paid by the Local Government to the State under this agreement, the
Local Government shall remit a warrant or check made payable to the “Texas Department
of Transportation Trust Fund.” The warrant or check shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied to this highway project.
E. Notwithstanding that this is a fixed price agreement, the Local Government agrees that in
the event any existing, future, or proposed Local Government ordinance, commissioner’s
court order, rule, policy, or other directive, including, but not limited to, outdoor advertising
or storm water drainage facility requirements, is more restrictive than State or federal
regulations, or any other locally proposed change, including, but not limited to, plats or re-
plats, results in any increased costs to the State, then the Local Government will pay one
hundred percent (100%) of all those increased costs, even if the applicable county
qualifies as an Economically Disadvantaged County (EDC). The amount of the increased
costs associated with the existing, future, or proposed Local Government ordinance,
commissioner’s court order, rule, policy, or other directive will be determined by the State
at its sole discretion.
F. If the Local Government is an EDC and if the State has approved adjustments to the
standard financing arrangement, this agreement reflects those adjustments.
G. If the Project has been approved for an “incremental payment” non-standard funding or
payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state
the incremental payment schedule.
4. Real Property in Lieu of Monetary Payment
A. Contributions of real property may be credited to the Local Government's funding obligation
for the cost of right of way to be acquired for this project. Credit for all real property, other
than property which is already dedicated or in use as a public road, contributed by the
Local Government to the State shall be based on the property's fair market value
established as of the effective date of this agreement. The fair market value shall not
include increases or decreases in value caused by the project and should include the
value of the land and improvements being conveyed, excluding any damages to the
remainder. The amount of any credit for real property contributed for this project is clearly
shown in Attachment C.
B. The Local Government will provide to the State all documentation to support the
determined fair market value of the donated property. This documentation shall include an
appraisal of the property by a licensed appraiser approved by the State. The cost of
appraisal will be the responsibility of the State. The State will review the submitted
documentation and make a final determination of value; provided however, the State may
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
County Braz oria
District Houston
ROW CSJ # 3416-01-014
CCSJ # 3416-01-012
Federal Project #:
CFDA Title: Highway Planning & Cons truc tion
CFDA # 20.205
Federal Highway Administration
Not Research and Development
Agreement to Contribute - Fixed Price | V1.00 | Page 4 of 10
perform any additional investigation deemed necessary, including supplemental appraisal
work by State employees or employment of fee appraisers.
C. Credit shall be given only for property transferred at no cost to the State after the effective
date of this agreement and the issuance of spending authority, and only for property which
is necessary to complete this project, has title acceptable to the State, and is not
contaminated with hazardous materials. Credit shall be in lieu of monetary contributions
required to be paid to the State for the Local Government's funding share of the right of
way to be acquired for this project. The total credit cannot exceed the Local Government's
matching share of the right of way obligation under this agreement, and credits cannot be
reimbursed in cash to the Local Government, applied to project phases other than right of
way, nor used for other projects.
D. In the event the Local Government's monetary contributions to the State for acquisition of
right of way, when added to its real property credits, exceed the Local Government's
matching share of the right of way obligation, there will be no refund to the Local
Government of any portion of its contributed money.
5. Ame ndme nts
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 supplemental agreement.
6. 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, to the following addresses:
All notices shall be deemed given on the date delivered 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
Local Governme nt:
City of Pearland
C/O Clay Pearson, City Manager
3519 Liberty Drive
Pearland, Texas 77581
State:
Director of Right of Way Division
Texas Department of Transportation
125 E. 11th Street
Austin, Texas 78701
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
County Braz oria
District Houston
ROW CSJ # 3416-01-014
CCSJ # 3416-01-012
Federal Project #:
CFDA Title: Highway Planning & Cons truc tion
CFDA # 20.205
Federal Highway Administration
Not Research and Development
Agreement to Contribute - Fixed Price | V1.00 | Page 5 of 10
notices shall be delivered personally or by certified U.S. mail and that request shall be honored
and carried out by the other party.
7. Re me dies
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. 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, that 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.
9. 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.
10. 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.
11. Sole Agreeme nt
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.
12. 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.
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
County Braz oria
District Houston
ROW CSJ # 3416-01-014
CCSJ # 3416-01-012
Federal Project #:
CFDA Title: Highway Planning & Cons truc tion
CFDA # 20.205
Federal Highway Administration
Not Research and Development
Agreement to Contribute - Fixed Price | V1.00 | Page 6 of 10
13. Inspection of Books and Records
The Local Government shall maintain all books, papers, accounting records and other
documentation relating to costs incurred under this agreement and shall make such materials
available to the State and, if federally funded, the Federal Highway Administration (FHWA) 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 agreement
or until any impending litigation, or claims are resolved. Additionally, the State and 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.
14. State Auditor
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.
15. 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.
16. Civil Rights Compliance
The parties to this agreement shall comply with the regulations of the U.S. Department of
Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200),
and Executive Order 11246 titled “Equal Employment Opportunity,” as amended by Executive
Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60).
17. Applicability of Fe de ral Prov isions
Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or
the adjustment of utilities.
18. Office of Management and Budget (OMB) Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in OMB Circular A-87 that specify that all reimbursed costs are allowable,
reasonable, and allocable to the Project.
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
County Braz oria
District Houston
ROW CSJ # 3416-01-014
CCSJ # 3416-01-012
Federal Project #:
CFDA Title: Highway Planning & Cons truc tion
CFDA # 20.205
Federal Highway Administration
Not Research and Development
Agreement to Contribute - Fixed Price | V1.00 | Page 7 of 10
19. Disadvantaged Business Enterprise (DBE) Program Re quire me nts
A. The parties shall comply with the DBE 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 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://txdot.gov/bus ines s/bus ines s_outreac h/mou.htm .
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 USC 1001 and
the Program Fraud Civil Remedies Act of 1986 (31 USC 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, whic h may result in the termination of this agreement or such
other remedy as the recipient deems appropriate.
20. Debarment Certification
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
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
County Braz oria
District Houston
ROW CSJ # 3416-01-014
CCSJ # 3416-01-012
Federal Project #:
CFDA Title: Highway Planning & Cons truc tion
CFDA # 20.205
Federal Highway Administration
Not Research and Development
Agreement to Contribute - Fixed Price | V1.00 | Page 8 of 10
Executive Order 12549 and further certifies that it will not do business with any party that is
currently debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549. The parties to this 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.
21. 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 shall 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 USC §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 failure.
22. Fe de ral Funding Accountability and T ranspare ncy Act Re quire me nts
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.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number
(Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
County Braz oria
District Houston
ROW CSJ # 3416-01-014
CCSJ # 3416-01-012
Federal Project #:
CFDA Title: Highway Planning & Cons truc tion
CFDA # 20.205
Federal Highway Administration
Not Research and Development
Agreement to Contribute - Fixed Price | V1.00 | Page 9 of 10
$25,000 in Federal funding. The SAM number may be obtained by visiting the SAM
website whose address is: https ://www.sam .gov/portal/public/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number,
a unique nine-character number that allows Federal government to track the distribution of
federal money. The DUNS 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.
23. Single Audit Re port
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 OMB Circular
A-133.
B. If threshold expenditures of $750,000 or more are met during the Local Government’s
fiscal year, the Local Government must submit a Single Audit Report and Management
Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or
contact TxDOT’s Audit Office at http://txdot.gov/inside-txdot/office/audit/contact.html
C. If expenditures are less than $750,000 during the Local Government’s fiscal year, the Local
Government must submit a statement to TxDOT's Audit Office as follows: "We did not
meet the $750,000 expenditure threshold and therefore, are not required to have a single
audit performed for FY ."
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.
24. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
Agreement to Contribute - Fixed Price | V1.00 | Page 10 of 10
County Braz oria
District Houston
ROW CSJ # 3416-01-014
CCSJ # 3416-01-012
Federal Project #:
CFDA Title: Highway Planning & Cons truc tion
CFDA # 20.205
Federal Highway Administration
Not Research and Development
THIS AG REEM ENT IS EXECUTED by the State and the Local Government in duplicate.
T HE LOCAL GOVERNM ENT
Signature
Typed or Printed Name
Title
Date
T HE ST AT E OF T EXAS
Rose Wheeler
Contracts and Finance Director
Right of Way Division
Texas Department of Transportation
Date
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41D
City Manager
Clay Pearson
5/10/2022 | 1:41 PM CDT
DocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
5/13/2022
County Braz oria
District Houston
ROW CSJ # 3416-01-014
CCSJ # 3416-01-012
Federal Project #:
CFDA Title: Highway Planning & Cons truc tion
CFDA # 20.205
Federal Highway Administration
Not Research and Development
Agreement to Contribute ROW Funds | V1.00 | Page 1 of 1 Attachment A
ATTACHMENT A
RESOLUTION OR ORDINANCE
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
County Brazoria
District Houston
ROW CSJ # 3416-01-014
CCSJ # 3416-01-012
Federal Project #:
CFDA Title: Highway Planning & Cons truc tion
CFDA # 20.205
Federal Highway Administration
Not Research and Development
Agreement to Contribute ROW Funds | V1.00 | Page 1 of 1 Attachment B
ATTACHMENT B
LOCATION MAP SHOWING PROJECT
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
Agreement to Contribute ROW Funds | V1.00 | Page 1 of 1
ATTACHMENT C
PROJECT BUDGET ESTIMATE
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7
County Federal Project #
District CFDA Title: Highway Planning and Construction
ROW CSJ #FHWA CFDA # 20.205
CCSJ #Federal Highway Administration
Not Research and Development
%%Cost
$3,075,000.00 90.0%10.0%$307,500.00 100.0%
$1,000,000.00 90.0%10.0%$100,000.00 100.0%
0.0%
$4,075,000.00 90%10%$407,500.00 100%
State Performs Work
Attachment C
Cost
$2,767,500.00
Description
Right of Way
Acquisition
Participation
State LocalTotal Estimated Cost
participation will be that amount provided above.
Houston District
3416-01-014
3416-01-012
N/ABrazoria
Fixed Amount
Except as otherwise provided in the Agreement, the fixed amount of Local Government
Total %
(should be
100%)
Reimbursable
Utility Adjustments
Joint Bid -
Reimbursable
Utility Adjustments
TOTAL
$900,000.00
$3,667,500.00
Standard Agreement to Contribute
Revised 7/31/2018
DocuSign Envelope ID: D893CFE7-1B53-4C64-A5CF-10DFCB8EF41DDocuSign Envelope ID: 652DAE09-7D1E-4894-851D-D10E75CAF4F7