R2024-007 2024-03-25 RESOLUTION NO. R2024-7
A Resolution of the City Council of the City of Pearland, Texas, amending an
Advanced Funding Agreement, as part of the Surface Transportation Block
Grant – Metro Mobility Program and Local Government with the Texas
Department of Transportation, associated with the Mykawa Road Widening
Project (FM 518 to BW8).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Advance Funding Agreement is made by and between the City
of Pearland and the Texas Department of Transportation, as presented, is hereby authorized and
approved to remove right of way and construction phases and combine them into a separate
successor Advance Funding Agreement associated the Mykawa Road Widening Project (FM 518 to
BW8) for the continuation of the project.
Section 2. That certain Amended Advance Funding Agreement (Attachment A-1,
Resolution, Ordinance, or Commissioner Court Order and Attachment C-1, Project Budget) by and
between the City of Pearland and the State of Texas, as presented in the Amended Agreement, is
hereby authorized and approved.
Section 3. The local government, as identified in the Amended Agreement, shall be
responsible for its share of the costs and 100% of all overrun costs in accordance with the
Amended Agreement.
Section 4. 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 Mykawa Road Widening Project.
PASSED, APPROVED and ADOPTED this the 25th day of March, A.D., 2024.
_________________________________
J. KEVIN COLE
MAYOR
DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE
RESOLUTION NO. R2024-7
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE
TxDOT:: Federal Highway Administration:
CCSJ # 0912-00-543 AFA ID Z00003525 CFDA No. 20.205
AFA CSJs 0912-00-543 CFDA Title Highway Planning and Construction
District # 12 Code Chart 64# 32150
Project Name Mykawa Rd. from BW 8 to FM 518 AFA Not Used For Research & Development
AFA Amend Page 1 of 2 Rev. 11/06/2023
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For
A SURFACE TRANSPORTATION PROGRAM – METRO MOBILITY PROJECT
Off-System
AMENDMENT #1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of
Transportation, called the “State”, and the City of Pearland, acting by and through its duly authorized
officials, called the “Local Government”. The State and Local Government shall be collectively referred to
as “the parties” hereinafter.
WITNESSETH
WHEREAS, the parties executed a contract on June 6, 2017 to effectuate their agreement to widen
Mykawa Road to a four-lane divided section from Beltway 8 to FM 518; and,
WHEREAS, it has become necessary to amend that contract in order to remove right of way and
construction phases and combine them into a separate successor Advance Funding Agreement for the
continuation of the project;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the
parties, the parties do agree as follows:
AGREEMENT
The parties agree that the Agreement is amended as follows:
1. Article 2, Scope of Work, is deleted in its entirety and replaced with:
The scope of work for the Project consists of the design of Mykawa Road from Beltway 8
to FM 518 as shown on Attachment "B". The roadway will be widened from two to four
lanes including a raised median, concrete curb and gutter roadway, storm sewers,
outfalls and detention, and traffic signals in order to address congestion and safety.
The project includes a 1O' mixed use path.
2. Attachment A, Resolution or Ordinance, is deleted in its entirety and replaced with
Attachment A-1, Resolution or Ordinance, which is attached to and made part of this
Amendment. A new Resolution is necessary in order to remove or update the dollar amount
previously included.
DocuSign Envelope ID: EEF30A57-716F-44F7-AC28-5156C336B7F6
TxDOT:: Federal Highway Administration:
CCSJ # 0912-00-543 AFA ID Z00003525 CFDA No. 20.205
AFA CSJs 0912-00-543 CFDA Title Highway Planning and Construction
District # 12 Code Chart 64# 32150
Project Name Mykawa Rd. from BW 8 to FM 518 AFA Not Used For Research & Development
AFA Amend Page 2 of 2 Rev. 11/06/2023
3. Attachment C, Project Budget, is deleted in its entirety and replaced with Attachment C-1,
Project Budget, which is attached to and made a part of this Amendment. The reason for the
change is to remove right of way and construction from this agreement. Only the engineering
funding will remain in this agreement.
4. The Agreement is amended to incorporate changes in federal and state provisions and
requirements by adding Attachment D, Replaced Articles of Agreement, which is attached to
and made a part of this Amendment.
All other provisions of the original contract are unchanged and remain in full force and effect.
Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf
of the entity represented.
Each party is signing this amendment on the date stated under that party’s signature.
THE LOCAL GOVERNMENT
_________________________________
Trent Epperson
City Manager
City of Pearland
_________________________________
Date
THE STATE OF TEXAS
_________________________________
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
_________________________________
Date
DocuSign Envelope ID: EEF30A57-716F-44F7-AC28-5156C336B7F6
4/3/2024
4/4/2024
TxDOT:: Federal Highway Administration:
CSJ # 0912-00-543 CFDA No. 20.205
District # 12 - HOU AFA ID Z00003525 CFDA Title Highway Planning and Construction
Code Chart 64 # 32150
Project Name Mykawa Rd. from BW 8 to FM 518 AFA Not Used For Research & Development
Page 1 of 2
Amendment Attachment A-1
ATTACHMENT A-1
RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER
DocuSign Envelope ID: EEF30A57-716F-44F7-AC28-5156C336B7F6
TxDOT:: Federal Highway Administration:
CSJ # 0912-00-543 CFDA No. 20.205
District # 12 - HOU AFA ID Z00003525 CFDA Title Highway Planning and Construction
Code Chart 64 # 32150
Project Name Mykawa Rd. from BW 8 to FM 518 AFA Not Used For Research & Development
Page 2 of 2
Amendment Attachment A-1
DocuSign Envelope ID: EEF30A57-716F-44F7-AC28-5156C336B7F6
TxDOT:: Federal Highway Administration:
CSJ # 0912-00-543 CFDA No. 20.205
District # 12 - HOU AFA ID Z00003525 CFDA Title Highway Planning and Construction
Code Chart 64 # 32150
Project Name Mykawa Rd. from BW 8 to FM 518 AFA Not Used For Research & Development
Page 1 of 1
Amendment Attachment C-1
ATTACHMENT C-1
PROJECT BUDGET
Except for Indirect State Costs, all other costs will be allocated based on 80% Federal
funding and 20% Local Government funding until the federal funding reaches the
maximum obligated amount. The Local Government will then be responsible for 100%
of the costs.
Initial payment by the Local Government to the State: $18,9 80.00
Payment by the Local Government to the State before construction: $0.00
Estimated total payment by the Local Government to the State $18,980.00
This is an estimate. The final amount of Local Government participation will be based
on actual costs.
DocuSign Envelope ID: EEF30A57-716F-44F7-AC28-5156C336B7F6
TxDOT:: Federal Highway Administration:
CCSJ # 0912-00-543 AFA ID Z00003525 CFDA No. 20.205
AFA CSJs 0912-00-543 CFDA Title Highway Planning and Construction
District # 12 Code Chart 64# 32150
Project Name Mykawa Rd. from BW 8 to FM 518 AFA Not Used For Research & Development
Page 1 of 3
AFA Amend Attachment D
ATTACHMENT D
REPLACED ARTICLES OF AGREEMENT
The following Articles of the prime Agreement are deleted in their entirety from the Agreement and
replaced:
Name of Article
Local Project Sources and Uses of Funds
Compliance with Texas Accessibility Standards and
ADA
Procurement and Property Management Standards
Inspection of Books and Records
The above Articles in the Agreement are replaced with the following:
Project Sources and Uses of Funds
The total estimated cost of the Project is shown in Attachment C, Project Budget, (Attachment
C) which is attached to and made a part of this Agreement.
A. If the Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government must
complete training. If federal funds are being used, the training must be completed before
federal spending authority is obligated. Training is complete when at least one indivi dual
who is working actively and directly on the Project successfully completes and receives a
certificate for the course entitled “Local Government Project Procedures and Qualification
for the Texas Department of Transportation” and retains qualification in accordance with
applicable TxDOT procedures. Upon request, the Local Government shall provide the
certificate of qualification to the State. The individual who receives the training certificate
may be an employee of the Local Government or an employee of a firm that has been
contracted by the Local Government to perform oversight of the Project. The State in its
discretion may deny reimbursement if the Local Government has not continuously
designated in writing a qualified individual to work actively on or to directly oversee the
Project.
B. The expected cash contributions from the federal government, the State, the Local
Government, or other parties are shown in Attachment C. The State will pay for only
those Project costs that have been approved by the Texas Transportation Commission.
The State and the federal government will not reimburse the Local Government for any
work performed before the federal spending authority is formally obligated to the Project
by the Federal Highway Administration (FHWA ). 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. The Local Government is
responsible for 100% of the cost of any work performed under its direction or control
before the federal spending authority is formally obligated.
C. Attachment C shows, by major cost categories, the cost estimates and the party
responsible for performing the work for each category. These ca tegories 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
DocuSign Envelope ID: EEF30A57-716F-44F7-AC28-5156C336B7F6
TxDOT:: Federal Highway Administration:
CCSJ # 0912-00-543 AFA ID Z00003525 CFDA No. 20.205
AFA CSJs 0912-00-543 CFDA Title Highway Planning and Construction
District # 12 Code Chart 64# 32150
Project Name Mykawa Rd. from BW 8 to FM 518 AFA Not Used For Research & Development
Page 2 of 3
AFA Amend Attachment D
design; (5) cost of construction and construction management ; and (6) any other local
project costs.
D. 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 incurre d, these funds will be reimbursed to the
Local Government on a cost basis.
E. The Local Government will be responsible for all non -federal or non-State participation
costs associated with the Project, unless otherwise provided for in this Agreement or
approved otherwise in an amendment to this Agreement. Where Special Approval has
been granted by the State under 43 TAC §15.52, the Local Government shall only in that
instance be responsible for overruns in excess of the amount specified in Attachment C to
be paid by the Local Government.
F. If the Project has been approved for a specified percentage or a periodic payment non -
standard funding or payment arrangement under 43 TAC §15.52, the budget in
Attachment C will clearly state the specified percentage or the periodic payment
schedule.
G. When Special Approval has been granted by the State so that the Local Government
bears the responsibility for paying cost overruns, the Local Government shall make
payment to the State within thirty (30) days from the rece ipt of the State’s written
notification of those amounts.
H. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment C. At a minimum,
this amount shall equal the Local Government’s funding share for the estimated cost of
preliminary engineering performed or reviewed by the State for the Project. At least sixty
(60) days prior to the date set for receipt of the construction bids, the Local Government
shall remit its remaining financial share for the State’s estimated construction oversight
and construction cost.
I. 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.
J. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government shall remit a check or warrant made payable to the “Texas Department
of Transportation” or may use the State’s Automa ted Clearing House (ACH) system for
electronic transfer of funds in accordance with instructions provided by TxDOT’s Finance
Division. The funds shall be deposited and managed by the State and may only be
applied by the State to the Project.
K. The State will not pay interest on any funds provided by the Local Government.
L. If a waiver for the collection of indirect costs for a service project has been granted under
43 TAC §15.56, the State will not charge the Local Government for the indirect costs the
State incurs on the local Project, unless this Agreement is terminated at the request of
the Local Government prior to completion of the Project.
M. If the Local government is an Economically Disadvantaged County (EDC) and if the State
has approved adjustments to the standard financing arrangement, this Agreement
reflects those adjustments.
N. Where the Local Government is authorized to perform services under this Agreement and
be reimbursed by the State, the Local Government is authorized to submit requests for
reimbursement by submitting the original of an itemized invoice in a form and containing
all items required by the State no more frequently than monthly, and no later than ninety
DocuSign Envelope ID: EEF30A57-716F-44F7-AC28-5156C336B7F6
TxDOT:: Federal Highway Administration:
CCSJ # 0912-00-543 AFA ID Z00003525 CFDA No. 20.205
AFA CSJs 0912-00-543 CFDA Title Highway Planning and Construction
District # 12 Code Chart 64# 32150
Project Name Mykawa Rd. from BW 8 to FM 518 AFA Not Used For Research & Development
Page 3 of 3
AFA Amend Attachment D
(90) days after costs are incurred. If the Local Government submits inv oices 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.
O. Upon completion of the Project, where Special Approval has been granted by the State
under 43 TAC 15.52, the State will perform a final accounting 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.
P. 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.
Q. Payment under this Agreement beyond the end of the current fiscal biennium is subject
to availability of appropriated funds. If funds are not appropriated, this Agreement shall
be terminated immediately with no liability to either party.
Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all projects
subject to this Agreement are in compliance with standards issued or approved by the Texas
Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement and property management
standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management
Standards. The State must pre -approve the Local Government’s procurement procedures for
purchases to be eligible for state or federal funds.
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 FHWA and
the U.S. Office of the Inspector General or their duly authorized representatives for review and
inspection at its office during the Agreement period and for seven (7) years from the date of
final reimbursement by FHWA under this Agreement or until any impending litigation or claims
are resolved. Additionally, the State, the Local Government, and 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
transcript.
DocuSign Envelope ID: EEF30A57-716F-44F7-AC28-5156C336B7F6