R2006-134 08-28-06
RESOLUTION NO. R2006-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE STATE
OF TEXAS FOR THE DESIGN AND CONSTRUCTION OF THE SH 288
FRONTAGE ROADS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Advance Funding Agreement by and between the City of
Pearland and the State of Texas, a copy of which is attached hereto as Exhibit "A" 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 design and construction of the SH 288 Frontage Roads.
PASSED, APPROVED and ADOPTED this the 28th day of August, A.D., 2006
~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
o~ It. ~
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2006-134 8128106
CSJ:
District:
Code Chart 64:
Project:
0598-02-042
Houston
32150
SH 288: FM 2234
(McHard Road) to FM
518
STATE OF TEXAS ~
COUNTY OF TRAVIS ~
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
FORA
CATEGORY 11 PROGRAM
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the "State", and the
City of Pearland, Texas, acting by and through its duly authorized officials, hereinafter
called the "Local Government."
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation
improvements to implement its public purposes; and
WHEREAS, the Texas Transportation Code, Sections 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, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds;
and
WHEREAS, the State and the Local Government desire improvements to SH 288
generally described as the new location frontage roads along SH 288 from FM 2234 to
FM 518; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 108410,
awarding funding for Projects in the 2006 Unified Transportation Program, including this
Project; and
WHEREAS, the Local Government has offered to participate in the development and
construction of the Project by providing funding, preparing or having prepared by a
consultant the preliminary engineering, which includes, but is not limited to,
environmental documentation and clearances, public involvement, all necessary and
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CSJ:
District:
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Project:
0598-02-042
Houston
32150
SH 288: FM 2234
(McHard Road) to FM
518
required environmental mitigation; design plans, specifications, and estimates (PS&E);
accomplishing the adjustment of utilities; acquisition of right of way; and providing other
necessary items required by the State and agreed to by both parties; and
WHEREAS, the Governing Body of the Local Government has approved entering into
this Agreement by resolution or ordinance dated II j.;J..P /0 b which is
attached hereto and made a part hereof as Attachment "A"; and
WHEREAS, the State will secure its cost share, review the engineering and PS&E, let
the construction contract, provide the construction inspection, and provide other items
as required; and
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as
hereinafter set forth, it is agreed as follows:
AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing
makes the Agreement fully executed. This Agreement shall remain in effect until the
Project is completed or unless terminated as provided below.
2. Scope of Work
The scope of the Project includes preparation of the environmental assessment,
right of way maps, property descriptions, aerial photogrammetry, schematic layout,
performing field surveys, conducting public meetings/hearings, accomplishing
adjustment of utilities, acquisition of right of way; preparing plans, specifications and
estimates (PS&E) preparation of bid documents, receipt and tabulation of bids,
award of the construction contract, supervision and inspection of all work performed
by the contractor, and any other work necessary to complete the Project as
applicable.
3. Local Project Sources and Uses of Funds
a. The total estimated cost of the Project is shown in the Project Budget -
Attachment "C" which is attached hereto and made a part hereof. The expected
cash contributions from the federal or State government, the Local
Governments, or other parties is shown in Attachment "C". The State will pay for
only those project costs that have been approved by the Texas Transportation
Commission. Any work done prior to federal authorization will not be eligible for
reimbursement. It is the Local Government's responsibility to verify with the
State that the Federal Letter of Authority has been issued for the work covered
by this Agreement.
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CSJ:
District:
Code Chart 64:
Project:
0598-02-042
Houston
32150
SH 288: FM 2234
(McHard Road) to FM
518
b. This project cost estimate shows how necessary resources for completing the
project will be provided by major cost categories. These categories may include
but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs
of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (5) cost of construction and construction management;
and (6) any other local project costs.
c. The State will be responsible for securing the Federal and State share of the
funding required for the development and construction of the local project. If the
Local Government is due funds for expenses incurred, these funds will be
reimbursed to the Local Government on a cost basis.
d. The Local Government will be responsible for all non-federal or non-State
participation costs associated with the Project, including any overruns in excess
of the approved local project budget unless otherwise provided for in this
Agreement or approved otherwise in an amendment to this Agreement.
e. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment "C". At a
minimum, this amount shall equal the Local Government's funding share for the
estimated cost of preliminary engineering for the project. At least sixty (60) days
prior to the date set for receipt of the construction bids, the Local Government
shall remit its remaining financial share for the State's estimated construction
oversight and construction cost.
f. In the event that the State determines that additional funding by the Local
Government is required at any time during the Project, the State will notify the
Local Government in writing. The Local Government shall make payment to the
State within thirty (30) days from receipt of the State's written notification.
g. 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 Trust Fund." The check or warrant
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 by the State Project.
h. Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due by the Local Government, the State, or the Federal
government will be promptly paid by the owing party. If, after final Project
accounting, excess funds remain in the escrow account, those funds may be
applied by the State to the Local Government's contractual obligations to the
State under another advance funding agreement.
i. The State will not pay interest on any funds provided by the Local Government.
J. If a waiver has been granted, the State will not charge the Local Government for
the indirect costs the State incurs on the local project, unless this Agreement is
terminated at the request of the Local Government prior to completion of the
project.
k. If the project has been approved for a "fixed price" or an "incremental payment"
non-standard funding or payment arrangement under 43 T AC ~ 15.52, the budget
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CSJ:
District:
Code Chart 64:
Project:
0598-02-042
Houston
32150
SH 288: FM 2234
(McHard Road) to FM
518
in Attachment "C" will clearly state the amount of the fixed price or the
incremental payment schedule.
I. If the Local Government is an Economically Disadvantaged County and if the
State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
m. The state auditor may conduct an audit or investigation of any entity receiving
funds from the state directly under the contract or indirectly through a
subcontract under the contract. Acceptance of funds directly under the contract
or indirectly through a subcontract under this contract acts as acceptance of the
authority of the state auditor, under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state
auditor with access to any information the state auditor considers relevant to the
investigation or audit.
The State will not execute the contract for the construction of the project until the
required funding has been made available by the Local Government in accordance
with this Agreement.
4. 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; or
c. the Local Government elects not to provide funding after the completion of
preliminary engineering, specifications and estimates (PS&E) and the Project
does not proceed because of insufficient funds, in which case the Local
Government agrees to reimburse the State for its reasonable actual costs
incurred during the Project.
5. Amendments
Amendments to this Agreement due to changes in the character of the work or
terms of the Agreement, or responsibilities of the parties relating to the Project may
be enacted through a mutually agreed upon, written amendment.
6. 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.
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CSJ:
District:
Code Chart 64:
Project:
0598-02-042
Houston
32150
SH 288: FM 2234
(McHard Road) to FM
518
7. 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 a transportation 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 Local Government is responsible for the identification and assessment of
any environmental problems associated with the development of a local project
governed by this Agreement.
b. The Local Government is responsible for the cost of any environmental
problem's mitigation and remediation.
c. The Local Government is responsible for providing any public meetings or public
hearings required for development of the environmental assessment. Public
hearings will not be held prior to the approval of project schematic.
d. The Local Government is responsible for the preparation of the NEPA
documents required for the environmental clearance of this project.
e. The Local Government shall provide the State with written certification from
appropriate regulatory agency(ies) that identified environmental problems have
been remediated.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of
all projects subject to this Agreement are in compliance with 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).
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CSJ:
District:
Code Chart 64:
Project:
0598-02-042
Houston
32150
SH 288: FM 2234
(McHard Road) to FM
518
10. Architectural and Engineering Services
The Local Government will prepare or cause to be prepared the Project's
preliminary engineering, including environmental documents necessary for the
development of the Project. Development of the preliminary engineering shall
include, but not be limited to, preparing the environmental assessment, right of way
mapping, property descriptions, and schematic layout; performing field surveys;
preparing a drainage study; and conducting public meetings/hearings. The State
will review and approve the scope of work for the consultant preparing the
preliminary engineering for the Local Government.
The Local Government shall furnish to the State a copy of the Local Government's
contract with its engineering consultant for approval prior to the consultant beginning
work. The Local Government shall forward to the State a copy of the completed
engineering and design plans for review. The Local Government shall be
responsible for all PS&E costs and the consideration paid for these services shall
not be eligible for reimbursement or to be considered part of the Local
Government's matching share. In procuring professional services, the parties to this
Agreement must comply with all applicable laws.
The engineering plans shall be developed in accordance with the applicable State's
Standard Specifications for Construction and Maintenance of Highways, Streets and
Bridges, and the special specifications and special provisions related thereto, the
latest edition and revisions of the State's Highway Design Division Operations and
Procedures Manual or the American Association of State Highway and
Transportation Officials A Policy on Geometric Design of Highways and Streets,
Federal regulations for conformity with the Clean Air Act air quality requirements, the
EPA-National Pollutant Discharge Elimination System requirements, the Texas
Manual on Uniform Traffic Control Devices, and the American Association of State
Highway and Transportation Officials Guide For The Development of Bicycle
Facilities. In addition, all engineering work shall be prepared using the English
system of measurements. Documents prepared for the purpose of public
involvement shall be in the English unit system.
The State may perform a 30 percent, 60 percent, 90 percent review of the
engineering plans, specifications and estimate work being developed by the Local
Government's consultant in conjunction with the Local Government's review. The
State will also review all geotechnical, surveying, schematic, bridge layout, design,
environmental, hydraulic reports and data submitted by the Local Government,
process environmental documents and oversee any necessary public involvement.
The State will provide a pavement design for the Project per AASHTO pavement
design criteria and may also provide any geotechnical investigations required for the
pavement design.
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CSJ:
District:
Code Chart 64:
Project:
0598-02-042
Houston
32150
SH 288: FM 2234
(McHard Road) to FM
518
If the Local Government has submitted work in accordance with the terms of this
contract but the State requests changes to the completed work or parts thereof
which involve changes to the original scope of services or character of work under
the contract, the Local Government shall make such revisions as requested and as
directed by the State and the work will not be approved by the State unless such
changes are made.
The Local Government shall be responsible for the accuracy of work and shall
promptly make necessary revisions or corrections resulting from its errors,
omissions, or negligent acts. Approval by the State is subject to the prompt
accomplishment by the Local Government of necessary revisions or corrections
resulting from its errors, omissions, or negligent acts.
The Local Government's responsibility for all questions arising from design errors
and/or omissions will be determined by the State. The Local Government will not be
relieved of the responsibility for subsequent correction of any such errors or
omissions.
The responsible Engineer shall sign, seal and date all appropriate engineering
submissions to the State in accordance with the Texas Engineering Practice Act and
the rules of the Texas Board of Professional Engineers.
In procuring professional services, the parties to this Agreement must comply with
federal requirements cited in 23 CFR Part 172 if the project is federally funded and
with Texas Government Code 2254, Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal
requirements, specifically including the provision for participation by Disadvantaged
Business Enterprises (DBEs), ADA, and environmental matters.
11. Construction Responsibilities
a. The State shall advertise for construction bids, issue bid proposals, receives 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, which 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. The State will use its approved contract letting and award procedures to let and
award the construction contract.
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CSJ:
District:
Code Chart 64:
Project:
0598-02-042
Houston
32150
SH 288: FM 2234
(McHard Road) to FM
518
c. Prior to their execution, the Local Government will be given the opportunity to
review contract change orders that will result in an increase in cost to the Local
Government.
d. Upon completion of the Project, the party constructing the project will issue and
sign a "Notification of Completion" acknowledging the Project's construction
completion.
e. For federally funded contracts, the parties to this Agreement will comply with
federal construction requirements cited in 23 CFR Part 635 and with
requirements cited in 23 CFR Part 633, and shall include the latest version of
Form "FHWA-1273" in the contract bidding documents. If force account work will
be performed, a finding of cost effectiveness shall be made in compliance with
23 CFR 635, Part B.
12. Project Maintenance
Upon completion of the Project, the State will assume responsibility for maintenance
of the completed Project unless otherwise provided for in existing maintenance
agreements with the Local Government.
13. Right of Way and Real Property
The Local Government is responsible for the provIsion and acquisition of any
needed right of way or real property. However, the State and the Local Government
shall each provide fifty percent (50%) of the costs associated with the acquisition of
the right of way needed for the construction of the new location frontage roads along
SH 288 from FM 2234 to FM 518. In addition, if the Local Government is unable to
acquire the required right of way for the detention area by donation from the
respective property owners, the State will fund fifty percent (50%) of the acquisition
costs for the detention area.
The Local Government shall assume all costs in preparing right-of-way maps,
property descriptions and other data as needed to properly describe the right-of-way
which the Local Government is to acquire and provide the State. The right-of-way
maps and property descriptions shall be submitted to the State for review and
approval. Tracings of the right-of-way maps shall be furnished to the State for its
permanent records.
Title to right of way and other related real property must be acceptable to the State
before funds may be expended for the improvement of the right of way or real
property. If the Local Government is the owner of any part of a Project site, the
Local Government shall permit the State or its authorized representative access to
occupy the site to perform all activities required to execute the work.
All parties to this agreement will comply with and assume the costs for compliance
with all the requirements of Title II and Title III of the Uniform Relocation Assistance
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Houston
32150
SH 288: FM 2234
(McHard Road) to FM
518
and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601
et seq., including those provisions relating to incidental expenses incurred by the
property owners in conveying the real property to the Local Government, and
benefits applicable to the relocation of any displaced person as defined in 49 CFR
Section 24.2(g). Documentation to support such compliance must be maintained
and made available to the State and its representatives for review and inspection.
If the Local Government purchases right of way for a Local Government street, title
will be acquired in the name of the Local Government in accordance with applicable
laws unless specifically stated otherwise and approved by the State.
The Local Government shall be responsible for all right of way acquisition costs and
these costs shall not be eligible for Federal reimbursement under this Agreement.
14. 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, addressed to
such party at the following addresses:
The Local Government
State:
City of Pearland , Texas
3519 Liberty Drive
Pearland, Texas 77581
Attention: City Manager
Texas Department of Transportation
P. O. Box 1386
Houston , Texas 77251-1386
Attention: District Engineer
All notices shall be deemed given on the date so delivered or so deposited in the
mail, unless otherwise provided herein. Either party may change the above address
by sending written notice of the change to the other party.
Either party may request in writing that such notices shall be delivered personally or
by certified U.S. mail and such request shall be honored and carried out by the other
party.
15. 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.
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CSJ:
District:
Code Chart 64:
Project:
0598-02-042
Houston
32150
SH 288: FM 2234
(McHard Road) to FM
518
16. 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.
17. 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.
18. 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.
19. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement's subject matter.
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMS Circular A-8? that specify that all reimbursed costs
are allowable, reasonable and allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR
918.36 and with the property management standard established in Title 49 CFR
918.32.
22. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers,
accounting records and other documentation relating to costs incurred under this
Agreement and shall make such materials available to the State, the Local
Government, and, if federally funded, the Federal Highway Administration (FHWA),
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32150
SH 288: FM 2234
(McHard Road) to FM
518
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, and the FHW A and their duly authorized representatives shall have
access to all the governmental records that are directly applicable to this Agreement
for the purpose of making audits, examinations, excerpts, and transcriptions.
23. Office of Management and Budget (OMB) Audit Requirements
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.
24. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of
Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR
S710.405(B)), 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).
25. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise
Program requirements established in 49 CFR Part 26.
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. "
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 in
accordance with Title 49 CFR Part 29 (Debarment and Suspension).
27. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her
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
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CSJ:
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Project:
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32150
SH 288: FM 2234
(McHard Road) to FM
518
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 subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
By executing this Agreement, the parties affirm this lobbying certification with
respect to the individual projects and affirm this certification of the material
representation of facts upon which reliance will be made. 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. Insurance
If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work
shall provide the State with a fully executed copy of the State's Form 1560
Certificate of Insurance verifying the existence of coverage in the amounts and
types specified on the Certificate of Insurance for all persons and entities working on
State right of way. This coverage shall be maintained until all work on the State
right of way is complete. If coverage is not maintained, all work on State right of
way shall cease immediately, and the State may recover damages and all costs of
completing the work.
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CSJ:
District:
Code Chart 64:
Project:
0598-02-042
Houston
32150
SH 288: FM 2234
(McHard Road) to FM
518
29. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into
this Agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts.
THEL~=
Name'
Bill Eisen, City Manager
Printed Name and Title
Auqust 28. 2006
Date
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission for the purpose and effect of activating and/or carrying out the orders,
established policies or work programs heretofore approved and authorized by the
Texas Transportation Commission.
J nice Mullenix
irector of Contract Services Section
Office of General Counsel
Texas Department of Transportation
S'(j"r~ ~ 1'2. J .;;l. 0""(;;
Dat
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RESOLUTION NO. R2006-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE STATE
OF TEXAS FOR THE DESIGN AND CONSTRUCTION OF THE SH 288
FRONTAGE ROADS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Advance Funding Agreement by and between the City of
Pearland and the State of Texas, a copy of which is attached hereto as Exhibit "AU 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 design and construction of the SH 288 Frontage Roads.
PASSED, APPROVED and ADOPTED this the 28th day of August, A.D., 2006
,--)ClmJf20
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
ATTACHMENT A
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CITY
Begin Project
SH 288 at FM 2234 (McHard Rd)
Construct 2, 3-Lane Frontage Roads
End Project
SH 288 at FM 518
Construct 2, 3-Lane Frontage Roads
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SMITH- MILLER
Attachlnent "B"
SH 288
FM 2234 (McHard Rd) to FM 518
CSJ 0598-02-042
Construct 2, 3-Lane Frontage Roads
Brazoria County
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Department
of Transportation
CSJ:
District:
Code Chart 64:
Project:
0598-02-042
Houston
32150
SH 288: FM 2234
(McHard Road) to FM
518
ATTACHMENT C
PROJECT BUDGET AND DESCRIPTION
The Local Government will participate in the cost of the construction of the new
frontage roads along SH 288 from FM 2234 to FM 518. The State and the Local
Government shall each be responsible for fifty percent (50%) of the construction cost
associated with this particular improvement. The Local Government's estimated
participation for its portion of the work associated with this project is currently estimated
to be $7,714,650.00, including construction items, and engineering and contingencies.
The State has estimated the project to be as follows:
Description Total Federal State Local
Estimate Cost Participation Participation Participation
% Cost % Cost % Cost
CONSTRUCTION COSTS
Preliminary Engineering $462,600.00 0% $0.00 0% $0.00 100% $462,600.00
(including adjustment of
utilities, environmental
assessment and mitigation,
geotechnical, hydraulics
and hydrology, architectural
and engineering services,
right-of-way mapping and
property descriptions)
Riqht-of-Way $1,064,100.00 0% $0.00 50% $532,050.00 50% $532,050.00
Construction of Frontage $12,000,000.00 0% $0.00 50% $6,000,000.00 50% $6,000,000.00
Road Improvements
Direct State Costs $1,380,000.00 0% $0.00 49% $660,000.00 51% $720,000.00
(including plan review,
inspection and oversight)
Indirect State Costs (no $0.00 0% $0.00 0% $0.00 0% $0.00
local participation required
except for service proiects)
TOTAL $14,906,700.00 $0.00 $7,192,050.00 $7,714,650.00
Direct State Cost will be based on actual charges.
Local Government's Participation = $7.714.650.00
It is understood that the review and approval services will be performed by the State
and the Local Government will transmit to the State with the return of this Agreement,
executed by the Local Government, a warrant or check in the amount of $60,000.00
made payable to the "Texas Department of Transportation Trust Fund" to be used
solely for the review and approval services and to cover other incidental costs as
requested and required by the Local Government. It is further understood that the
State will include only those items for the improvements as requested and required by
the Local Government. This is an estimate only, final participation amounts will be
based on actual charges to the project.
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Attachment C