R2008-025 2008-02-25RESQLUT�C11� NC�. R2Qi�8-25
A RES�QLUTION QF TFIE CITY CQUNCIL OF THE GITY OF PEARLAND,
TEXAS, AUTHORIZIN�G AN ADVANCE� FUNDING A���'�MENT WITH
THE STATE OF 7EXAS FOR THE CULLEN PARKWAY IMPR�OVEMEI�T
PRO.JECI�.
�E IT RESOLVE[� 8Y THE +CITY COUNCIL OF` THE CITY �F REARLAN�, �EXAS:
Section 1. That certain Advance Funding Agreement by and between the City �f
Pearland and the State af Texas, a capy of which is attached hereto as Exhibit "P�" and
made a part hereaf for all purposes, is hereby authc�rized and approved,
Sectian 2. That th� City Mar�ager or his desigr��� is hereby authorize� ta execute
and the C�ty Seeretary to att�st an Advance Funding Agreement v�rith the State of Texas,
for improve� to Cullen Parkw�y.
PASSED, APP'ROVED and AD�]PTED this tF�e 25'" day of Feb a�(, A.E�., 2008.
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T�QIVI REI�
; .:�:;��.��N;;. MAYOR
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ATTE�T: :�� ; _:�:
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UN L �l MC
ITY CRETpRY
ARPRC�VED AS TO FC)R�1:
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DARRIN M. C�K�R
GITY ,ATTQRNEY
cs,�: ag�6-o2-os�
District #: � 2 — Houston
Code Chart 64: 32150
Project: FM 865: iN1cH�rd
Road ta FM 51 g
CSJ: 0976-01-034
Project: FM 865: BW 8 ta
South af BW 8
S�TATE (�� TEXAS §
COU�fTY CJ►F TRAV�S §
LC�CAL TRAf�SPQRTATkQN PROJEGT
ADVANCE FUNQING AGRE�MENT
THIS AGREEMEN7 (the Agr�ement} i� made �y and between the State of Texas,
acting by and thro�gh #he Texa� Departrment of Transportatiora hereinafter cafled the
"State", and the City of Pearland, T�xas, act�ng by and throug� its duly a�thorized
afficials, hereinafter called tl�e "Lacal Gavernment."
WITNESSETH
WHEREAS, fede�a� law est�blishes fede� fund�d pro�rams for transportation
improuements to implemerrt its public p�urposes; and
WHEREAS, the Texas Transportation Code, Sections 201.143 and 222.052 estabCish
that the State shall d�sigrr, construct and operate a system of highways ar� cooperatic�n
with local gavernments; ar�d
WHEREAS, federal and state laws require loc�l governments to meet certain contract
standards relating to the managernent and adrninistration of State and federal funds;
�nd
WWEREAS, the State and the Local Governme�t desire to construct Cullen Parkway
from FM 518 tc� McHard Road, to include intersection im�rovements to Gullen sauth af
Beltwvay 8, storm drainage built firam FM 518 to Clear Creek, Detentian Po�nd at Clear
Creek, brid�e at Hickory Sloug�h, widening and channelization irnprouemen�s at Beltway
8 intersect9on, 10 foot shared �se path and 5 foot sidewalk, at t�e location shown on
the rnap in Attachment "B" hereinafter referred to as the Project; and
AFA-AFA Lc�ngGen Page 1 of 13 2119/2{�08
Revised 811Fi!06
CSJ: 0976-02-085, etc.
District #: '�2 — Houstor�
Cade Chart 64: 32150
Project: FM 865: McH�rd
Roaci to FM 518
WHEREAS, the Texas Transpartatio� Cammission passed Minute Order 10946Q,
awa�ding f��ding for Praj�cts in the 2004 Unified Transportatian Prag�°a►�nn, including this
Project; �nd
'WHEREAS, fhe Local Goverr�me�t has offerec� to participate in tF�e developm�nt and
construction of the Praject by providing funding, preparing or having prepared by a
consultant the prelim�nary �r�gineerin�, which includes, but is n�t fimited to,
environmer�t�l dacumenfation pr�vi�usly prQVided by the Sta�e and clearanees, public
invopverrt�ent, all necessary and rec�uired en+�irorr�nental mitigatian; design pl�ns,
specificatpans, and estimates (PS&E); accom�lishing the adjustment of utilities;
acquisition of right of uvay; and providing other necess�ry i�er�s required by the state
and agreed to by both par�ies; �nd
WHEREAS, the Governing Body of the Loca;l Gc�vernment has appraved entering into
this Agreement by resolu#ion or ordinar�ce dated Fe�ruarv 25 , 2QQ8 which is
attached heret� and made a part hereof as Attachment "A";
WHEREAS, the State wil� secu�e the State cost share, review the engir�eering and
PS&�, le�t th�; construction contract, provide the construction inspection, and provide
o�her items as required; and
NOW, THEREFORE, in corrsideration of the pr�mises and of the mutuaf coven�nts and
agrcem�nfs af the p�rties hereto, to be by them respecti�ely kept and performed as
h�er�ina�ter set forth, it is agreed as follows:
AGREEMENT`
1. Period of the Agreement
This Agreement becomes effe�tiv� when signed by #he fast party whose signing
makes the Agreement fully �xecuted. This Agreemer�t shall remain in efifect until fhe
Project is campleted o� unless termin�ted as provided below.
2. Scope of Work
fihe scope of the Project is to prepare the right of way maps, prop�rty descriptions,
perform field surueys; prepare plans, specificatiQns and estimates {PS&E); cons�ruct
#he Project; and any ather work necessary to complete the Project.
�. Lacal Rroject Sources ar�d Uses of Funds
a. The total estimated cos� o� the Project is �hown in the Project Budget -
Attachment "C" which is attached hereto and made a �,�art hereof. The expected
cash co�tributic�n� from the federal or State governmerrt, the Loca�
Governments, or other parties is shown in Attachment "C". The State will pay for
only th�se project casts that have be�n a��roved by the Texas T�ans�ortation
AFA-AFA LongGen Page 2 of 1 3 2/19/2008
Revis�d 81161p6
CSJ: 0976-02-085, e#c.
District #: 12 — Houston
Code Chart 6�: 32150
Project: FM 865: McHard
Road to FM 518
Cc�mmiss�on. Any work dor�e pr�or to federal authorization will not be eligibl� far
reimbursement. It is the Local Government's responsibility t� verify that the
FederaE Letter of Authority has been issued fQr the work cave�e� by this
Agreem�nt.
b. This project cc�st es�irr7ate shows how necessary resources for completing the
�royect wili be �rovided by major cost ca#egories, Th�se categaries rnay incl�de
but are not limited ta: (1) costs of real property; (2) costs of utility wark; {3) costs
of envCronmental assessment and remediation; (4} cost a'f pre�im�nary
engineering and des�gn�; (5) cos� of cor�struction and construction management;
and (6} any oth�r local project costs.
c. The State will be respon�ible for securin� t�e Stafe share of the funding required
far the develc�pm�nt anc� canstructian of the local project. If the Lacal
Gov�rnment is due f�r�ds for exp�nses incurred, these funds v�riil �e reimbursed
to the Local Government ort a eost basis.
d. The Local Governm�nt wi[I be resp4nsible fnr aYl non-State participation cc�sts
associated wit� the Proj�ct, including any overruns in �xcess ot the approved
local pro}ect �udge� un�ess o#herwise provided far in this Agreement or approved
otherwise i� an amendmen� to this Agreement, However, the SRate agrees fo
consider crediting any rnonies expended by fhe Local Gover�ment on fhe Proje�t
tc� future pass-through funding project or as the Local �ovemr�er�t share of a
future �roject an Cullen Parkway {FNl 865) or as the lacal m�tch portion of
another project that �s approved by t�e State ar�d the local Metrc�politan Plannin�
Organization.
e. Prior to the performance of any engineering review wark by the S�ate, the Loc�l
Governrnent will pay to the State the amount specifietl in Attachment "C''. At a
minimum, this amount shall equal the Loea� Gavernment's funding share for t'��
estimated cost of prelimir�ary errgineering for the project. At feast sixty (�0) days
pr�or to the d��e set for receipt of the constru�tion bids, t�e Lacal Government
shall rernit its �err�air�ing financial share far the State's es#imated canstructior�
oversight �r�d c�nstruction cast.
f. In the euent that tl�e State determines that addifior�al funding by the Loca6
Government is reqUired at �ny time during the Project, the State will notify the
Local �avernrr�ent in writin�. T�e Local Gavernment shall make payment to the
State withon thirty (30) days from receipt of the State's written natificatian.
g. Wher�evee funds �re paid �y the Local �overnr��;nt to the St�te under this
Agreement, the Lflcal Government shall r�mit a check or warrant made p�yable
to the "Texas �epartrrrent of Transportation Trust Fund." The check ar warrant
shall be deposited by the State in an �scrow account ta be m�r�aged by the
State. Funds in the escraw accc�unt may ar�ly be applied to the State Project.
h. Upo�n completion of the Project, the Sta�e will p�rforrn an �udit of the Project
casts. Any fu�ds due by the LQCaI Government, the State, or the Federal
governrr�ent wial be prc�r�ptly paid E�y the awing parky.
AFA-�.�A �ongGen Page 3 of 13 211912Q08
R�vised 81fGIfl6
CSJ: 0976-02-085, etc.
Dist�ict #: 12 — Houston
Code Chart 64: 32150
Project: FM 865: McHard
Road to FM 518
k
n
If, after finaf Project accounting, excess funds remain iro the es�row aceount,
those funds may be appli�;d hy the State to the Local Government's contrac�ual
oblig�tions ta the Stat� under another a�vance fundin� agreement.
The State will not pay interest on any funds provided by the Lacal Gov�;rnment,
If a waiver has beer� grant�;d, t�e State wild not charge the Lacal Government f�e
khe inciirect cc�sts the State incurs on the loca� project, unless this Agreernent is
terrninated at the request of the Local �overnmen� prior to completi�n of th�
p roject.
lf the project has been ap,�raved for a"fixed price° or an "incremental payment"
nan-stand�rd funding or payment arrangement undeT 43 TAC �1 �.5�, the b�dget
in Attachment "�" will clearly state th� amaunf of the fixed pr�ce or the
incremental �ayment �c�edule.
If the Lo�al government is an �Economically Disadvantaged Cou�ty ar�d if the
State has approved adjustments to the standard �inancing arrangement, this
Agreement reflects tl�ose adjustments.
The state auditor may co�duct an audit or investigation of any en�ity receiving
funds fram the state dir�ctly under the contract or indirectly �hrough a
�ubcc�ntract under the contra�t. Acceptance a� funds direct6y under the c�ntr�ct
or indarect[y through a subca�rtract under thi� contract acts �s accep�ance of the
autharity of the state auditor, unc4er the c�irection af �he legislative audit
camm��tee, to conduet an audit or investigation '[n cannection wit'� those funds.
An entity that is the subject of ar� audit or investigation must provide the state
auditor with access to any informa#ior► #he state auditar considers relevant to the
ir�uestigatio� or au�it.
The State will not execute the cantract for the constructi�on of the pcojec� un�il the
required f�nding has beerr made available by �he Local Government in accordance
with tf�is Agreement.
4. Termination of this Agre�ment
This Agreer�ertt sh�ll remain in �;ff�ct until the project is completed and acceptea by
all parties, unless:
a. the Agreeme�t is terminated in writing with the m�tual consent of th� parties;
b. the Agreemenf is terminated by ane party because of a breach, in uvhich case
ar�y cast incurred because o� th� breach shall be pai�i by the breach�ing �arty; or
c. the Local Government el�cts not to provide funciing after t�ue eompletion of
prelimin��y engineering, specifications and estimates (PS&E) a�d t�e Project
does nc�t proceed bec�use of insuf�icient funds, ir� which case the Local
Govemrt�ent agrees to reimburse tf�e Sta�e far it� reasonable ac�ua� costs
incurred du�i�g #he Project.
AFA-AFA l�ongGen P�ge 4 of 13 2f 19f20�8
Rev�sed 8I1610�
CS,�: 097�-f12-085, etc.
District #: 12 — Houston
Code Cf�art 64; 3215Q
�roject: FM $65: McHard
Road to FM 518
5. Arraendments
Ame�ndment� to this Agreement d�e to changes in the character of the work ar
terms af the Agreemen#, or responsibi�ities of the parties r�lating to the Project rr�ay
be er�acted through a mutually agre�d �pon, written amendm�r�t..
6. Remedi�s
This Agre�ment shall not b� considered as specifying the exclusive remedy fQr ac�y
agreer�ent default, but all remedies existing at law and in equity ma:y be av�iled �f
by ei�her party �o this Agreernerrt anc4 shalk be cumulatcve.
7. Utilities
The Loc�l Gavernmen# sf�all be responsible fc�r the adjustment, removal, or
relocatian of utility facilities in accordance with applicable St�te laws, regulati�ons,
rules, polici�s, and procedures, including any cosf to the State of � del�y resulting
from the Local Government's failure to ens�re that utility facilities are �djusted,
r�maved, ar relocated befare the sch�eduled beginning c�f construction. Th� �L.ocal
Government will not be reimbursed with federal or state funds fc�r #he cost af
required utility work. The Local Governme�nt must obtain advanc� approva1 for any
variance from established procedures. Before a canstruction car�tract is let, the
Local Government shafl pra�ide, at the State°s request, a certification stating that �he
Lc�cai Gaverrament has coa�pleted the acijustment of ali utilities that must be
adjusted befare cQnstruction is completed.
$. Environr�rental Assessment anci Mitigation
Development of a tran��ortation project r camply witl� the National
Environmental Policy Act ar�d the National Histc�ric Pre�ervation Act c�f 1966, which
require environmental clearance of fed�ral-aid projects.
a. The Local Gc�wernment is respons'sble for t�e identification and assessment af
�ny environmental prablems associa#ed witti� the d�v�laprr��nt af a local praject
governed by this Agreement.
b. Th� �.acal Government is responsible for the cast of any environmental
problerr�'s mifigatian �nd remediation.
c. The Lacal Government �s responsible for providing any public meetings or public
hearings requ�red for development o� the environmental assessrr�ent. Public
hearings will ncrt be held prior to �he approval of project schematic.
d. The State is responsible tor the preparation of the NEPA c��cuments required for
the environmental clearar�ce o� this project.
e. The Local Governrr�ent shall provide the State with written certificatian frarm
appropriate regulatary agency{ies} that identified environrroental probVem� have
been remediated.
AFA-AFA Lc�ngGen Page 5 of 13 2119/2008
Revis�d 8/16,06
cs�: og7s-a2-as�, et�.
Distriet #: 12 — Houstfln
Gode Cha�t 64: 3215C1
Praject: FM 865: McHard
Road to FfVI 518
9. Compliance with Texas Accessibility Standards and ADA
All par�ies to this Agreement shall e�nsure that the pla�s for and the c�nstructian o#
all projects subject to t�ris A,gre�ment are in campliar�ce with the Texas Accessibility
Standards (TAS} �ssued k�y the T�xas Departrnent of Lic�:nsing and 'Regula�i�n,
under the ArGhitectural 8arriers Ac�, Article 9102, Texas Civil S�atutes. The TAS
establishes minim�m �c�essibility requirements to be consistent with minimum
accessibility requirements of tf�e Arr�ericans with Disabilities Act (F'.L. 1fJ1-336)
(ADA).
'i 0. Archifectural and Engine�ring Services
The Locai Government will prepare or cause te� be prepared the Project's
preliminary er�gan�ering. Qevelopment of the prelimina�y engineerir�g shall include,
but nat b� linrnit�d to, right of way mapping, prcaper�y descriptions, and schematic
layout; p�r�orming field surveys; prep�ring a drain�ge stu�dy; and conducting public
meetir�gslhearings. The State will review and approve #he scope af work for the
consuitant �rreparing the pr�liminary engineering for t�e Local Goverr�r�ent.
The Local Gov�rnrnen� shal{ furnish to t6�e State a copy af the Local Government's
contract with its engineering consult�nt for appraval priar to the consult��t b�ginnir�g
work. The Lacal G�vernment shall forward ta the State a copy of the completed
engineering and design plans for revi�w. The State �rnders�ands the importance of
the Project bein� completed in a timely manner and agrees to expedite review and
approual ofi the en�ineering and design plans aGCOrdingly. The Local Government
shall be respon5ible fr�r all PS&E costs and the consideratian paici' fe�r these service�
shall not be eligible for reimbu�sement or to be cans��iered part of the Local
�overnment's funding share. In procuring professianal services, the partues to this
Agreem��t rr�ust comply with all applica�l� laws.
The �ngineering plans sha�l be developed in accordance with the applicable State's
Sfandard Specificatiorrs for� Constructior� and Mair�tenarrce of ,'-�'ighvvays, Sf�eets and
Bridges, and the special specifications and special provisions relafed thereto, the
latest edition and revisions of the State's Highway Desigi� Division Operafioras ar�d
Pfi�oceciur�es Manua! or the American AssQCiation of �tate Highway and
Transportation Officials A Policy on �eometric �7esign of Highways ar�d Streefs,
Federa9 regulations for conformity with the Clean Air A,ct air quality r�quirements, the
EPA-fVational Pallutant Discharge �limir�ation System requirements, the Texas
Nlanua! on Ur�ifarn� Tr�affrc Cor�ti�o1 Devic�s, and the American Assc�cratrr�r� of Sfate
Nighway ar�d Transp�rtatio�� Officrals Gui�'e Far The Develapmer�f of Bicycle
Facr'lifies. In addition, all engineering work shall be prepared using ti�e Enc�lish
systern of m�asurements, Documents �repared for the p�rpos� of public
involvement shall be in �he English unit system.
A�A-AFA LongGen P�;ge 6 of 13 2i� ���aa�
Revis�:d 8i16.f06
cs�: �og7�-a�-a8�, �c�.
District #: 12 — Houston
Cade Chart 64: 32150
Prc�ject: FM 865: McHard
Road to FM 518
The State may perform a 30 percer�t, 6Q percent, 9� percent and final review of the
�ng�r�ee�ing plans, specifications ar�d estim�te work being developed by the Local
Government's coras�ltant in conjunction with the Local Gc�vernrnent's review. �he
State vuill also review all geotechnical, surveying, schematic, bridge fayaut, design,
environmental, hydraulic repor�s ar�d data submitted �ay the Loc�l Government,
prc�cess environm�ntai documents an� oversee any necessary public involvement.
T�e St�te will provide a pave�nent design �or the Project pe� AASHTQ pavement
design criteria and may �Iso provide any geotechnical investigations required for the
pavement design.
If the Lacal Gc�uernment has submitted wnrk in accord�nce w�th the terms of this
cantract but the State requests char�ges #o �he completed wark or parts thereaf
which invalve changes to the c�riginal scape of services or charact�r of work under
the contract, the Local Governm�nt shall make such revisions as rec�uested and as
d�rected by the State and th� work will not be approved by the State ur�less such
changes are made.
The Local Government s�all be responsible for the accuraGy of wark and shall
prom�tly rr�ake necessary rev�isions �r cor�rections resultang from its errars,
or�issions, or negligent acts. Ap�roval by the State is subject fo the prampt
accomplishment by fhe Local Government of necessary revis�ans or corrections
resulting �rom its errars, c�mission�, or c�egligent acts.
Th� Lacal Gavernment's responsibility for all questions arising firc�m design erro�s
andlor omissions �nrill be det�rmined by the State. The Local Gaver�ment will e�c�t be
refieued af the responsibility for subsequent correction t�f any such errars or
omissians.
The respansible Engineer �halk sign, seal a�nd date all appropriate engine�rirag
submissians to the State in accQrdance with fh� Texas Engir�eering Practice Act and
the rules of the Texas Board of Pro�essiar�al Engineers..
In procuring professional services, the �arties to fhis Agr��m�nt must comply with
�ec�eral requirements cite� in 23 CFR Part 172 if the project is federally fur�ded and
with T�xas Government Coae 2254, Subchapter A, in all cases.
Professional services cantrac#s for fec�er�lfy funded projects must conform to fed�ral
requaremen�s, specifically including the provision for participatic�n by �isadvar�taged
Busir�es� Enterprises (DBEs), ADA, and �nvironmental matters.
AFA-AFA LongGen Pa�e 7 pf 13 21� 9f2008
Revised 8�36f(l6
CSJ: 0976-02-f385, etc.
District #. 12 — Haus�on
Code Chart �4: 32�50
E'roject: FM 865: McHard
Road to FM 518
'i 1. Cons�ruction Respar�sibilities
a. The State sha']I a�ivertise for construction bids, issue bid proposals, receive and
ta�ulate the �ids and award and administer the contract for canstruction of the
Project. Administration of the contract includes the res�ansibility for const�r�action
engineering and for iss�ance of any c�ange orders, supplemental �gr�emen�s,
amendments, or addit�anai work orders, which rnay become nec�ssary
subsequent ta t�e awarc� of the cdnstr�uction contract. I�n order to er�sure federal
funding eligibility, project� must be at�Qhorized �y the State priar tn advertisin� f�r
canst�uction.
b. The State will use its approved cc�ntract �ettin� and award procedures to let and
award the canstruc�ian core�ract. The State understands the importanc� of the
Project b�ir�g completed in a tirr�ely manner and agrees fo expedite the bid let�ing
proc�ss �ccordingl�,
c. Prior to their executiora, the Lacal Government vuall be given the c�pportunity to
review contract change orders that will result in an increase in cast to the Local
�overnment.
d. Upon complet�c�n of th� Praj�ct, the party constructing the project wil9 iss�ue and
sign a"�Jotification af Campletiar�° acknowledging t�e Project's consta�uction
cor�pletion.
e. For federa�ly fundeci contracts, the p�rties to this Agreement will carrrply witi�
federal cflnstruction requirements cited in 23 CFR Part 635 and with
requirements cited in 23 CFR Part 633, and shalf inclu�de the latest versic�n of
Farm "FHWA-1273'° in t�� co�tract bidding documents. If force account work will
be p�rformed, a finding af cost effect�veness shaYl be made in cornpl�ance witn
23 CFR 635, S�bpar� �.
12. Project Maint�nance
The Local Government shall be respansib4e for mai�ter�ance af locally owned ro�ds
after com�letion of the work and the State sh�ll be r�s�onsibl� for maint�nance Qf
state highway systerrr after completion af the work if the work was on the state
highway system, unless otherwise pravided for in existing mair�#e�ance agreements
with the Local Gover�nment.
13. �ight af Way ar�d Real Praperty
The Lacal Government �s respans4ble for the prouision and �c�ua�itiQn of any
needed right of way or real property.
The Local Government shall assume �II costs in preparinc� right-of-way rriaps,
�raperty c4escriptions and other data as needed to praperly describe the ric�ht-of-way
w�ieh the L.ocaf Government is to acq�ire and provide the St�te. The right-of-way
maps and praperty descriptions shall be subrnitted to the State far review and
AFA-AFA LangGen P�ge 8 of 13 2/1 �f2Q08
F2evised 8�16f�6
CSJ: 0976-02-085, etc.
District #: 12 — Houston
Code Ghart �64: 3215fl
F'roject: FM 865: McHard
Road to FM 51S
approval. Tr�cin�s of the right-of-way maps shall be furnished �o the State for its
permanent records.
Title t� right of way and ather r�lated real property must be accep#able ta the State
before funds may be expended for the irmprovement of the right af way car real
praperty. If the Local Government %s the owner pf any part of a Praject site, the
Local Government shall permit the State or its authoriz�d representative �ccess to
occupy th� site ta perform aVl activities required ta exec�te the work.
All parkies ta this agreement wiil camply with and as�urrte the costs for compliance
with all the requiremenfs of Title II and T'itle III of the lJniform Relocation Assis#ance
and Re�P Pr�perty Acquisition Policies Act ot 197Q, �itl� 42 U.S.C.A. Section 4601
et seq., including thc+se provisions relating to incider�tal expenses incurured by the
property owners in conveying the real property to the Local GQVernment, and
benefits applicable to t'�e relacation of any displaced person as defined in 49 CFR
Sect�on 24.2(g). �ocumentation ta support such c�mpliance must be maintain�d
and made available to the State and its repr�sentatives for review and inspectian.
If �he Local Government purchases right of way far a Local Government street, fitle
wi�l be acquirec� in the name of th� Local Government in accordance with applicable
�aws unless speccfically statec� c�therwise and approved by the �tate.
The Local Governm�nt shall be responsible for all rigi�t of way acquisitio�n costs and
these costs shall not be eligible for State reimbursement under this A�reement.
14. No#ices
All not�ces to either party by the other required under this Agreement shafl be
delivered personally or sent by cer�if'sed or U.S. mail, postage pr�paid, addressed to
such pa�ty at the f�llowing addresS�s:
Lacal Government:
Cify af Peariand, Texas
3�19 Liberty Drive
Pearland, Texas 77581
,Atte�tion: Ci�y Manager
Stafe:
Texas Departrnent c�f TranspQrta�ion
P, �. Box 1386
Houston, T�xas 77251-�386
Attention: District Engir�eer
All notices sha11 be deemed given on #he date so delivered or so deposited in the
mail, unless oth�rwise provid�d herein. �ither party may change th� above address
by sending written notice of the change to the other party. Either party may request
in uuriting that such rrotices sh�ll be delivered personally ar by certified U.S. mail and
such request shall be honored �nd c�rried o€�t by �he c�ther party.
AFA-AFA LongGen
Revised 8i16166
Page 9 af 13 2I19f2008
cs�: o��s-o�-as�, �cC.
District #: 12 — Houston
Cc�de Chart 64; 32150
Praject: FM 865: MeHarci
Road to FM 518
15. Legal Cans�r�ctio�r
If one or rnare ofi the provisions contained in fhis Agreem�;nt shall far any reason be
held invalic�, illegal c�r unenfarceable in any respect, suc� inva�idity, iflegality ar
�nenforceability shall not �ffect any other provisions �nd �his Agr��rruent shalV be
construed as if it did not contain t�re irrvalid, illegal or �nenforceable provision.
16. Responsibilities af th� Parties
TF�e State anc� the Local Governmer�t agree that neither party is an agent, servant,
or empfoyee of the other party and each party agrees it is responsi�le for its
individual acts and deeds as well as the acts and deeds of its cantractors,
ernplayees, repre�enta#ives, and agents.
17. Ownership of Documents
Upan c�mpletion or termination of this �greer�ent, all documents �re��red by the
Sta�e shalf remain the praperty of the State. All data pr�pared under this Agre�m�rat
shall be a availa�le to the State without restriGtion or limitatian an their furkher
use. AIY documents produced or ap c�r otherwise created by the Local
G�vernment shall �e transmitted to the St�te in the form of photocopy reproduction
an a monthly basis as required �y the State. The originals shall r�main the property
of the l�ocal Government.
18. Compliance with Laws
The parties �hall cornply with all Federal, State, and Loc�l �aws, statutes,
ordinances, rules and re�ulations, and the order� and decrees of any cour#s �r
administrative �odies or tribun�ls in any manner affect�ng the perfc�rm�nce af this
Agreement. When requirec�, the Local �overnmen# shall fur�ish the State with
satisfacfory praof of this compliance.
19. Sole Agreement
This Agreement constitt�tes th� sole and or�ly a�reement between the �arties and
supersedes any prior �nderstandengs or w�it�en o� oral agreemer��s respec#ing the
Ag�reeme�t's subj�ct matter.
20. Gast Principles
In order to be r�imburs�d w�th federal funds, the parties shall comply with the Cost
Princsples establish�d ir� �MB Circular A-87 that specify that aPl reimbur�ed ca�ts
are a�lowable, reasonable and allocable ta th� F'raj�ct.
21. Procuremen4 and Property Management Standards
The �arties shall adhere tc� the procurement st�ndards established in Titl�: 49 �FR
��8.36 and with th� property mana�ement standard established in Title 49 CFR
�� �.32.
AFA-AFA LongGer� P�ge 1 fl Of 13 2119/2008
Revised 811�o!d6
CSJ: 0976-02-085, etc.
District #: 12 — Hauston
Code Chart 64: 32150
Project: FM 865: McHard
Road to FM 518
22. Inspection of Books and Reeords
The part�es to t�is Agreement shall mai�tain all books, documents, pape�rs,
accounting records and ather documenta�ion relating to costs inGUrred �nder this
Agreement and shali rr�ake such materials available �o the State, the Local
Governrr�enf, ar�d, i� fec�erally funded, the Federal Highw�y Adrninist�atic�n (FHVIIA),
and the U,S. Uffice c�f the dnspectar General, ar th�ir duly authorized representatives
for review anc� inspectian at its affice during the con#rac� period and for faur (4)
years from the date o� cample�ian of work defined under this contract or untif any
impending lifigation, or clairris are resolved. Addit�anally, the State, the �ocal
�overnmer�t, and th� FHINA and their duly authc�� representatives sha@I have
access tQ all the governmerrtal recor�s that ar� directly applicable to this Agreement
fc�r �f�e purpo�� af rnaking audits, examinations, excerpt5, and tra��criptions.
23. Offi�ce vf Management and Budc�et (GIVIB} Audit Requirem�nts
The par�ies shald comply witi� the requirements of the Single Audit .Act of 19�3�, P.L.
98-502, ensuring that the single audit report includes the cav�rage stipuiated in
OMB Circular A-133.
24. Civ�l Ri�hts Compliance
The Local GaVerr�men� shall comply with the regulations of the Qepartment of
Transportatian as #hey rela'te to nc�nd�scrimination {49 C�R Chapter 21 �nd 23 CFR
�710.4�5{B)), and Executive Order 1'��46 titled "Eq�aB Employment Qppor€unity," as
arx�ended by Executive Order 11375 and supplemented in th� Qepartment of �abor
Regulations {41 CFR Part f0).
25. Disadvar�taged Busir�ess Enterprise Proc�ram Requ�re�ents
The partRes �hall camply with the DisadvanfagedlMinori�y Business Enter��ise
Program requirements estab9ished ir� 49 CFR Part 26.
26. Debarment Certifica�iflns
The parties are prQhibited from m�king �ny award at a�ny tier to any party that is
deb�rred or su�pended or otherwis� excAuded from or ineligibse for participat�on in
Federa9 Assistance Programs under Executi�e Order 12549, "Debarment and
Suspensian."
The parties tQ this cc�ntract shall require any party to a subcontract �or purchase
order awarded un�ier this contr�ct to certify its eligibility to receiue Federal funds
and, wh�en reque�ted by ti�e Stat�, to furnish a capy of th� certification in
accordance with Title 49 CFR Part 29 (Debarment and Susper�sian).
27. Lobbying Certifica#ion
In executing this Agreement, the signatories certify �c� the best af his Qr her
knowiedge and beli�f, that:
AF�a-AFA_�orsgGen Page 11 of 13 2I19f2008
f2evised 8fi�lOfi
CSJ: �97fi-02-085, etc.
District #: 12 — Houston
Code Chart 64: 32150
Projeck: �M 8fi5: McF�ard
Road to FM 518
a. �Jo federal appropriated funds have been paid or will �e paFd by ar on behalf of
the par�ies to any person for i�rfluencing or attempting to influence ar� offic�� or
err7plQy�e of any fed�ral agency, a Member of Cor�gr�ss, an Q�ficer o� employee
of Congress, or a� employee of a Member of Cor�gress i� connection wit� the
awarding �f any feder�l contract, the making ot any federal grar�t, the making of
any federaf ioan, the enter�ng into of ar�y cooperative a�reement, ar�d the
extension, continuation, rer��w��, amendmeo�t, ar modification af any feder�l
cor�tract, grara�, �oan, ar coop�rative agreernent.
b. If any f�nds other than federal appropri�ted funds h�ve been paid ar will be paid
to any person for influencing ar attempting to influence ar� officer ar employee of
a�y agency, a Mernber of Conc�ress, an officer c�r employee of Congress, or an
employee of a Mernber of Congress in connectic�n with fe�era� contracts, grants,
laans, or coapera�iue agreemen�s, the signatory for the Local Government shall
complete and submit the fedeeal Standard Form-LLL, "�isclosure Form to Repor#
Lobbying," in accordance with its instructions�.
c. T�e parties shall require that the language of this certbfication be included in the
award docurnents for all subawards �t all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and coopera�ive agreements) and
th�t a�l subrecipients shall certify and c�isclose accordingly.
By executing this Agreement, the p�rti�s affirm this fobbying certification with
respect to the individual projects and affirm this certific�t�t�n of the material
representation of facts upan which r�liance will be made. Subrnission of this
c�rkifacatian is a prerequis9t� for making or enterin� inta tf�is t�ansaction imposed by
Title 31 U.S.C. �1352.
Any p�rson who fail� to file the requ�red c�rtification shall be subject to a civil
penalty of nc�t less than $10,000 and not mor�: than �100,000 for e�ch such failure.
28. Insurance
If this agreemen� authorizes the Local Government or its contractor to per�orm any
work or� State rig�t of way, before beginning wcrrk the entity perforrriing the work
shall provide the State with a�ully executed c�py of the State's Form 156Q
Cer�ifi�ate of Insurance verify�ng the existence of caverage in the amoun�s a�d
types specified on the Certificat� of Insurance far all persons and entities working on
State right of way. This coverage �hall be maintain�d until �II work on the State
right of w�y is cc�mplete, If coverage is not m�intained, all wark on State right of
way shall cease immediatefy, and the State may recover damages and all costs c�f
completi�g the work.
AFA-AFA Lon�Gen Page 12 of 13 2f 19J2008
Revised 8f1610o"
cs�: o��6-a2-os�, �t�.
Distr�ck #: 12 — Houstor�
Cade Char� 64: 3215C1
Project: FM 8fi5: MeHard
Road to '�M 518
29. Signatory Warranty
Th� signatories to this Agreement warrar�t that each has the authoraty to enter into
#his Agr�ement on behalf of the party represented.
lN TESTIMO[VY HEREOF, t�e parties hereto have caused these presents to be
executed in duplicate ct�unterparts.
THE LQ�AL G V NMENT
t
Na�e
Bill Eisen, C�ty Manager
Printed Name a�d Title
2/2�108
�ate
TH'� STATE �F TEX,4S
Exec��ed far �he Executi�re Dorectar and approveci' �or the Texas �ranspartation
Cammissior� for the purpose and effect ot activating a�nc�lor carrying out the orders,
established policies or work prograrns heretofore approved and a�rthorized by the
Texas Transportation Comrr�issiQn.
� -
ice Mullenix
irector of Cont�•act Sei��ices
lexas Department of Transportation
$ �anS
oate
AFA-AFP� LongGen P�ge 13 of 13 2119120(}$
Revised 8f16106
CSJ: 097C-02-085, etc.
District #: 12 — Houston
Code Chart �4: 32150
Project: FM 8�65: McHard
Road to FM 5� 8
ATTACHM�NT A
Reso�ution ar O�dinance
Page � af 1 Attachment A
CSJ: a97E-02-085, etc.
�istrict #: 12 — Houstan
Code Chart 64: 32150
Project: FM 865: tl�JlcHard
Road to FM 518
r�r,�r,t�:i►��i���� �
�.ocation Map Showing Proj�ct
Page 1 of 1 Att�chment B
Attachment "B'°
CSJ; 0976-01-Q34 - FM 865 from �W $
to south of BW 8
- Widening chanr�elization and
intersection improvements (��hase 2)
CSJ: 0976-02-085 - FIIA 865 fram Harris
County Line to FM 518
- Widen to 4 lanes frorr� FM 518 to
McHard, skorm drainage, intersections,
Hickory Slough k�ri�ge and sharet� use
path {Phase �}.
Brazoria Caunty
�
�
�
E
Texas
Depariment
ot Trans,portation
CSJ: C1976-02-085, etc.
District #: 12 — Houstan
Gode Chart 64: 32150
Projecf: FM 865: McHard
Road to ��l1 �18
I�����[N:II�tI�����
Proj�ct Budget and Descriptian
The Local Government +rvill participate in the cc�st of con5tructing Cullen Parkway (Ff+,r�
865) from FM 5� 8 to i'w'�cHard Road, to indud� intersection impra�rernents to Cullen
soutl� of Beitway 8, s�orm drainage built from FM 518 to Clear C� Detention Pond at
Glear Creek, bridc�e at Hickary Slough, wic�ening and channelization irnprovements at
Beltway $ inte-rsection, 1 � faot shared use path and 5 faa� sidewalk. The State will
cont� a fixed sum of $4,000,00� towards the construc#ion of the Prc�ject. The S�ate
shal6 b� responsible for the review and approval services associated with the Project.
The State shall be responsible for tl�e construction administratian co�t of the Prr�ject.
The Local Governrnent shall be responsible for aGl r�on-federal or non-State participation
c��ts associated with the Project. The Local Gavernment's estimated cons�ruction cost
participation is currently estimated to be ��4,��O,C}fl0. The State �as estimatec{ the
project to be as follaws:
Project C]escription:
FM 865: FM 518 to TotaV Est�rnate Federal
McHard Road Cost Participation State Participation l.oeal Partieipatic�n
% COS� % CC3S� %a �QS�
CC)NSTRUCTIQN CO�TS
PS&� Engineerir�g �1,60�,[}OC�.OU 100% �1,�OO,Q00.[70
Construction of $18,50�,a0a.OQ 0% �0.00 2�.62% $4,pQp,QOQ,00 78.38°fo �14,5Qfl,D00.Ofl
Project
Tx[�C)T Reuiew �1fl0,U0C�.00 0°,/0 �0.00 1[}0.0°/a �10d,00C1.00 0% �a0.Q0
Engineering & $1,85G�,[}Oa.Op �°/a $0.00 100.�°/a �1,850,000.00 0°/a $0.00
Contingencies (E&C)
(Estimat�d � 10.0%
of constructior�)
��g��pf�'�y ��oo,aoo.aa o°ro �o.00 �°ro �a.ao �aa�ro ��oo,000.00
TOTAL ��z,��a,00a.�o a°io �a.ao zs.s74io ��,s5o,aao.00 ��.��°�o ��s,2oo,000.00
airect State Cost wifl be based on actual charges.
�Local Covernrr�ent's Partic�pation (73.13%) _ $16,2�Q
It is further understood t�at the State will include �nly those ite�ns for the impravern�nts
as requested arrd required by the Local Government. This is an estirnate Qn4y, final
participation a�mounts will be based on actual charges to th� project. Any cost ouerruns
an tl�e St�te's re�iew, canstruction ac�rnirais�ration or Direct State Costs shall rer�aain the
responsibili#y of #he State.
Page 1 af 2 Attachmer�t �
CSJ: 0976-02-085, etc.
District #: 12 — Houston
Code Chart �4: 32150
Project: FM 865; McHard
Road tc� FM 518
� Lacal Farticipation costs may be eligibie for credit on future Gity projects �rsing State
F�nc��ng prQgrar�s that include, but are nat be limited to, pass-through Qr conv�ntion�l
funding.
P�ge 2 af 2 Atfachment C
Texas D�partment of Trar�sportation
P.O. BOX 1386 • HOUST{JN. TEXAS 77251-1386 •(713) SD2-5Q0�
April 16, 20f��
c�r��: � �c' ��[_;r� �tr_viL��•
BY CERT'IFIED MAIL P 7007 (�71{) 0005 133� 848?
Brazoi•ia Cot�i�ty
CSJ 0976-C12-()35
rM $65: McHard Road to FM 51 S
CSJ 0976-01-Q34
FM 565: BW S to south Qf BW $
�1'. �� Ei5�11
�IIV ��Il�i��l'
Citv of Pe�rlancl
3519 Liberty Driwre
Fearl�x��ci, Tcxels 77551�541G
De�r 1`v��•. Eis�Y�:
Please �il[� �tttaclled one o� Fully executecl cou�lteipat�t of �a fdrndin� a�reemeil� for the
s�lbject proje�ct. V4'e requ�est tha� you rctain this a�t�eeme�lt i�1 your per«Zar►er►t z
If you shot�ld l�ave any q�iesti�ns cot�c�r�iin� #his i�nattel•, please contact a��e at (7] 3) �Gl��-5O31 oz
Ms. Dariene Tayloa of fl�e Pla►1 Re��ie�.v sectioil at (713) 802-586�.
�irlcerely,
f
..%-..� �
abrfe . . �r�s , P. .
Di� of Transportatian
Planning �nci D�et-elopment
�OLlSt0�11 �75L1'1CT
DDT
Alt�lchments
cc: R�Ir. ]�mes 4'�r. Kach, F'.E.
l��Ia �hJill�am R_ Br�idniek. P'.E.
An Equa! Opportunify �rrrployer