HomeMy WebLinkAboutResolution No. R2023-19 RESOLUTION NO. R2023-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN ADVANCE FUNDING AGREEMENT FOR BRIDGE REPLACEMENT OR
REHABILITATION OFF THE STATE SYSTEM WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR THE BRIDGE AT DUNBAR ESTATES DRIVE AT
MARY'S CREEK; AUTHORIZING PAYMENT IN THE AMOUNT OF SEVENTY-
THREE THOUSAND EIGHT HUNDRED TEN AND NO/100 DOLLARS ($73,810.00);
APPROVING CERTAIN MATTERS RELATED THERETO; AND PROVIDING FOR
AN EFFECTIVE DATE.
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WHEREAS, the federal off-system bridge program is administered by the Texas Department of
Transportation ("TxDOT") to replace or rehabilitate structurally deficient and functionally obsolete
(collectively referred to as deficient) bridges located on public roads and streets off the designated state
system; and
WHEREAS, the City of Friendswood (the "City") owns a bridge, more specifically described as
follows:
Location of Bridge National Bridge Control-Section-Job
Number
Dunbar Estates Drive at Ma 's Creek 12-085-0-PP0505-001 0912-73-231
and
WHEREAS, projects to remedy the bridges are included in the currently approved program of
projects,authorized by Texas Transportation Commission Minute Order Number 116292 dated August 30,
2022;and
WHEREAS, the fund participation ratio for projects on this program is 80 percent federal, 10
percent state,and 10 percent local government;and
WHEREAS, the City's participation requirement for this bridge is SEVENTY-THREE
THOUSAND EIGHT HUNDRED TEN AND NO/100 DOLLARS($73,810.00);NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE OF
TEXAS:
Section 1. That the facts and matters set forth in the recitals of this resolution are hereby found
to be true and correct.
Section 2. That the City Council of the City of Friendswood hereby authorizes and directs the
City Manager to execute the Advance Funding Agreement for Bridge Replacement or Rehabilitation Off
the State System with the Texas Department of Transportation for the bridge at Dunbar Estates Drive at
Mary's Creek. A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes.
Section 3. That the City Council of the City of Friendswood authorizes payment to the Texas
Department of Transportation in the amount of SEVENTY-THREE THOUSAND EIGHT HUNDRED
TEN AND NO/100 DOLLARS ($73,810.00) in accordance with the agreement authorized in Section 2
hereof.
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Section 4. That this resolution shall be effective immediately from and after its passage and
approval by the City Council of the City of Friendswood.
PASSED,APPROVED and ADOPTED by the affirmative vote of the City Council of the City of
Friendswood on this the 7'day of August,2023.
IKE FO , Mayor
ATT T:
LE171CIA BRYSCH, City retary !�FpUE ND�SIy
r,.". 00
APPROVED AS TO FORM:
KAREN HORNER,City Attorney ,9�,E OF ��+P
H:\City Council\Resolutions\2023\08-07-2023\Resolution-TxDOT Advance Funding Agreement-Dunbar Estates @ Mary's Creek.docx
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Exhibit "A"
TxDOT: NBI Structure# 12-085-0-PP0505-001
CCSJ# AFA ID Z00004752 Federal Highway Administration:
AFA CSJs 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For Bridge Replacement or Rehabilitation
Off the State System
THIS Advance Funding Agreement (the Agreement) is made by and between the
State of Texas, acting by and through the Texas Department of Transportation, called
the "State", and the City of Friendswood, acting by and through its duly authorized
officials, called the "Local Government."
WITNESSETH
WHEREAS, Title 23 United States Code Section 144 authorizes federal funds to assist
the states in the replacement or rehabilitation of deficient bridges located on public
highways, roads, and streets, including those under the jurisdiction of local
governments; and
WHEREAS, the Texas Transportation Code Sections 201.103 and 222.052 establish
that the State shall plan and make policies for the construction of a comprehensive
system of state highways and public roads in cooperation with local governments; and
WHEREAS, the Local Government owns one or more bridges on a public road or street
located at Dunbar Estates Drive at Mary's Creek, and these bridges are included in the
currently approved off-state system federal-aid Highway Bridge Replacement and
Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission
Minute Order Number 116292, dated August 30, 2022; and
WHEREAS, the Governing Body of the Local Government has approved entering into
this Agreement by resolution or ordinance, which is attached to and made a part of this
agreement as Attachment D for the development of the specific programmed
replacement or rehabilitation project, called the "Project". The Project is identified in the
location map shown as Attachment A, which is attached to and made a part of this
agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth, it
is agreed as follows:
Bridge AFA Page 1 of 16 Rev. 4/18/2023
Bridge Division
TxDOT: NBI Structure# 12-085-0-PP0505-001
CCSJ# AFA ID Z00004752 Federal Highway Administration:
AFA CSJs 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
AGREEMENT
1. Period of this Agreement
This Agreement becomes effective when signed by the last party whose signing
makes the Agreement fully executed. This Agreement shall remain in effect until
terminated as provided in Article 2.
2. Termination of this Agreement
This Agreement shall remain in effect until the Project is completed and accepted
by all parties, unless:
A. The Agreement is terminated in writing with the mutual consent of the parties;
B. The Agreement is terminated by one party because of a breach, in which case
any cost incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to develop the project and the project does
not proceed, in which case the Local Government agrees to reimburse the
State for one-hundred percent (100%) of its reasonable actual direct and
indirect costs incurred for the project; or
D. The project is inactive for thirty-six (36) months or longer and no expenditures
have been charged against federal funds, in which case the State may at its
discretion terminate the agreement.
3. Amendments
Amendments to this Agreement may be made due to changes in the character of
the work, the terms of the Agreement, or the responsibilities of the parties.
Amendments shall be enacted through a mutually agreed upon written amendment
executed by all parties to this Agreement.
4. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
Agreement default, but all remedies existing at law and in equity may be availed of
by either party to this Agreement and shall be cumulative.
5. Scope of Work
The scope of work for this Agreement is the replacement or rehabilitation of the
bridges identified in the recitals of this Agreement. This replacement or
rehabilitation shall be accomplished in the manner described in the plans,
specifications, and estimates developed in accordance with this Agreement and
which are incorporated in this agreement by reference.
Bridge AFA Page 2 of 16 Rev. 4/18/2023
Bridge Division
TOOT: NBI Structure# 12-085-0-PP0505-001
CCSJ# AFA ID Z00004752 Federal Highway Administration:
AFA CSJs 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
6. Right of Way and Real Property
A. The Local Government is responsible for the provision and acquisition of all
necessary right of way and will not be reimbursed with federal or state funds for
the required right of way.
B. The Local Government authorizes the State, its consultant, contractor, or other
designated representative to enter the sites of these bridges and adjacent right
of way or relocation right of way to perform surveys, inspections, construction,
and other activities necessary to replace or rehabilitate these bridges and
approaches.
7. Adjustment of Utilities
The Local Government shall be responsible for the adjustment, removal, or
relocation of utility facilities in accordance with applicable state laws, regulations,
rules, policies, and procedures, including any cost to the State of a delay resulting
from the Local Government's failure to ensure that utility facilities are adjusted,
removed, or relocated before the scheduled beginning of construction. The Local
Government will not be reimbursed with federal or state funds for the cost of
required utility work. The Local Government must obtain advance approval for any
variance from established procedures. Before a construction contract is let, the
Local Government shall provide, at the State's request, a certification stating that
the Local Government has completed the adjustment of all utilities that must be
adjusted before construction is completed.
8. Environmental Assessment and Mitigation
Development of the Project must comply with the National Environmental Policy Act
and the National Historic Preservation Act of 1966, which require environmental
clearance of federal-aid projects.
A. The State is responsible for the identification and assessment of any
environmental problems associated with the development of the Project
governed by this Agreement.
B. Cost participation in environmental assessment and remediation work shall be
paid by the parties in the same ratio as construction costs and will be included
in the construction costs identified in Attachment C, Estimate of Direct Costs.
C. The State is responsible for providing any public meetings or public hearings
required for development of the environmental assessment.
D. The State will not begin construction of the Project until identified environmental
problems have been remediated, unless provided for otherwise.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of
the Project subject to this Agreement are in compliance with the Texas Accessibility
Standards (TAS) issued by the Texas Department of Licensing and Regulation,
under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS
Bridge AFA Page 3 of 16 Rev. 4/18/2023
Bridge Division
TOOT: NBI Structure# 12-085-0-PP0505-001
CCS1# AFA ID Z00004752 Federal Highway Administration:
AFA CS1s 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
establishes minimum accessibility requirements to be consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336)
(ADA).
10. Architectural and Engineering Services
The State is responsible for performance of any required architectural or preliminary
engineering work. The Local Government may review and comment on the work as
required to accomplish the public purposes of the Local Government. The State will
cooperate fully with the Local Government in accomplishing these local public
purposes to the degree permitted by state and federal law. The Local Government
review shall not unduly delay the development of the Project.
11. Construction Responsibilities
A. The State shall advertise for construction bids, issue bid proposals, receive and
tabulate the bids, and award and administer the contract for construction of the
Project. Administration of the contract includes the responsibility for
construction engineering and for issuance of any change orders, supplemental
agreements, amendments, or additional work orders that may become
necessary subsequent to the award of the construction contract. In order to
ensure federal funding eligibility, projects must be authorized by the State prior
to advertising for construction.
B. Upon completion of the Project, the State will issue a "Notification of
Completion" acknowledging the Project's construction completion.
12. Project Maintenance
After the Project has been completed, the Local Government shall accept full
ownership, and operate and maintain the facilities authorized by this Agreement for
the benefit of and at no charge of toll to the public. This covenant shall survive the
completion of construction under this Agreement.
13. Local Project Sources and Uses of Funds
A. A Project Cost Estimate is provided in Attachment C, Estimate of Direct Costs.
B. Attachment C provides a source of funds estimate as well as the estimated
direct preliminary engineering, construction engineering, and construction costs
for the Project in total and by the Local Government.
C. The required Local Government participation is based solely upon the State's
estimate of the eligible work at the time this Agreement is executed and will not
be adjusted during construction except as needed to include any Project cost
item or portion of a cost item ineligible for state or federal participation. In
addition to its share of estimated direct engineering and construction costs, the
Local Government is responsible for the direct cost of any project cost item or
portion of a cost item that is not eligible for federal participation under the
federal HBRRP. The Local Government is also responsible for any cost
Bridge AFA Page 4 of 16 Rev. 4/18/2023
Bridge Division
TOOT: NBI Structure# 12-085-0-PP0505-001
CCS1# AFA ID Z00004752 Federal Highway Administration:
AFA CS1s 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
resulting from changes made at the request of the Local Government. The
State and the Federal Government will not reimburse the Local Government for
any work performed before federal spending authority is formally obligated to
the Project by the Federal Highway Administration. After federal funds have
been obligated, the State will send to the Local Government a copy of the
formal documentation showing the obligation of funds including federal award
information.
D. If the Local Government will perform any work under this contract for which
reimbursement will be provided by or through the State, the Local Government
must complete training before federal spending authority is obligated. Training
is complete when at least one individual who is working actively and directly on
the Project successfully completes and receives a certificate for the course
entitled Local Government Project Procedures Qualification for the Texas
Department of Transportation. The Local Government shall provide the
certificate of qualification to the State. The individual who receives the training
certificate may be an employee of the Local Government or an employee of a
firm that has been contracted by the Local Government to perform oversight of
the Project. The State in its discretion may deny reimbursement if the Local
Government has not designated a qualified individual to oversee the Project.
E. After execution of this Agreement, but thirty (30) days prior to the performance
of any work by the State, the Local Government shall remit to the State the
amount specified in Attachment C for the Local Government's contribution for
preliminary engineering. The Local Government will pay, at a minimum, its
funding share for this estimated cost of preliminary engineering.
F. Forty-five (45) days prior to the date set for receipt of the construction bids, the
Local Government shall remit its remaining financial share for the State's
estimated construction oversight and construction costs and any other costs
owed.
G. If, at the completion or termination of the Project, the State determines that
additional funding is required by the Local Government, the State shall notify
the 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.
H. Whenever funds are paid by the Local Government to the State under this
Agreement, the Local Government shall remit a check or warrant made payable
to the "Texas Department of Transportation". The check or warrant shall be
deposited by the State and managed by the State. The funds may only be
applied to the State Project.
I. Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due to the Local Government, the State, or the Federal
Government will be promptly paid by the owing party.
J. The State will not pay interest on any funds provided by the Local Government.
K. The Local Government funding participation responsibilities include Project
direct costs only, except when the Project is terminated before completion at
Bridge AFA Page 5 of 16 Rev. 4/18/2023
Bridge Division
TxDOT: NBI Structure# 12-085-0-PP0505-001
CCS1# AFA ID Z00004752 Federal Highway Administration:
AFA CS1s 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
the request of the Local Government as addressed in the Termination provision
of this Agreement.
L. The amounts shown on Attachment C are estimates only. If actual costs
exceed the estimates, this shall be considered a fixed price agreement, and no
additional funding shall be required of the Local Government except to the
extent that the additional costs result from changes made at the request of the
Local Government or to the extent that the additional costs are not eligible for
federal participation under the federal HBRRP. If actual costs are less than the
estimates, Local Government participation shall be recalculated based on
actual costs. If the recalculation results in a reduction in participation by the
Local Government, the State shall pay the difference to the Local Government
upon completion of the Project.
M. Under the provisions of Texas Transportation Code Section 222.053 certain
counties qualify as Economically Disadvantaged Counties (EDC) in comparison
to other counties in the state as below average per capita property value, below
average per capita income, and above average unemployment, for certain
years. If applicable, in consideration of such EDC status that may be
applicable for the Project, the required local match fund participation has been
adjusted to N/A percent (N/A%).
N. The State will not execute the contract for the construction of a Project until the
required funding has been made available by the Local Government in
accordance with this Agreement.
O. The state auditor may conduct an audit or investigation of any entity receiving
funds from the State directly under this contract or indirectly through a
subcontract under this contract. Acceptance of funds directly under this
contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection
with those funds. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
P. The Local Government is authorized to submit requests for reimbursement by
submitting the original of an itemized invoice in a form and containing all items
required by the State no more frequently than monthly, and no later than ninety
(90) days after costs are incurred. If the Local Government submits invoices
more than ninety (90) days after the costs are incurred, and if federal funding is
reduced as a result, the State shall have no responsibility to reimburse the
Local Government for those costs.
Bridge AFA Page 6 of 16 Rev. 4/18/2023
Bridge Division
TOOT: NBI Structure# 12-085-0-PP0505-001
CCS1# AFA ID Z00004752 Federal Highway Administration:
AFA CS1s 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
14. Performance by Local Government of Equivalent-Match Projects (EMP) in
Return for Waiver of Local Match Participation Funding on Participation-
Waived Projects (PWP)
A. Applicability. If a request for waiver has been received and approved by the
State's District Engineer, then the required ten percent matching fund
participation or percent as adjusted for EDC consideration, as shown in
Attachment C, Estimate of Direct Costs, but excluding ineligible costs under the
bridge program, is waived. This waiver is based on the commitment of the
Local Government to spend an equivalent amount of funds for structural or
safety improvement on "other" bridge structures and other conditions as
specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project
shall be defined to be a PWP and the work on the "other" bridge structures that
will be improved by the Local Government shall be defined to be the EMPs.
Attachment B to this Agreement shows a list of EMPs under this Agreement.
B. Project Cost Estimate for PWP. Attachment C to this Agreement shows the
estimated direct preliminary engineering, construction engineering, and
construction costs for the PWP in total and local match fund participation being
waived or partially waived.
C. Credit Against EMP Work. Any local match fund participation that has already
been paid, or which the Local Government is agreeable to paying to the State,
will be credited against EMP work to be performed by the Local Government. If
applicable, this credit will be reflected in Attachment C to this Agreement.
D. Responsibilities of the Local Government on EMPs.
1. The Local Government shall be responsible for all engineering and
construction, related costs, and compliance with all applicable state and
federal environmental regulations and permitting requirements.
2. The structural or safety improvement work on the EMPs shall be performed
subsequent to the final execution of this Agreement but within three (3)
calendar years after the earliest contract award of the related PWPs.
3. Written documentation, suitable for audit, of the structural or safety
improvement work completed on the EMPs shall be kept on file by the Local
Government for four (4) years after completion of work or claims, lawsuits,
or audits related to those items, whichever is longer. A notice of completion
of work on the EMPs shall be delivered to the State's District Engineer no
later than thirty (30) calendar days after work is completed on the EMPs.
4. Failure by the Local Government to adequately complete the EMPs within
the stated three-year period shall result in the Local Government being
excluded from receiving such waivers for a minimum of five (5)years.
E. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver
of eligible program costs, the Local Government shall pay the State one-
hundred percent (100%) of the cost of any PWP item or portion of a cost item
that is not eligible for federal or state participation, and one-hundred percent
(100%) of the costs resulting from additional work on the PWP performed solely
Bridge AFA Page 7 of 16 Rev. 4/18/2023
Bridge Division
TOOT: NBI Structure# 12-085-0-PP0505-001
CCSj# AFA ID Z00004752 Federal Highway Administration:
AFA CSjs 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
at the request of the Local Government. If the ineligible or additional work is
preliminary engineering, the payment shall be made at least thirty (30) days
prior to the beginning of preliminary engineering work on the PWP. If the
ineligible or additional work is for construction or construction engineering, the
payment shall be made at least forty-five (45) days prior to the date set for
receipt of bids for construction of the PWP.
15. Notices
All notices to either party shall be delivered personally or sent by certified or U.S.
mail, postage prepaid, addressed to that party at the following address:
State: Director, Bridge Division
Texas Department of Transportation
125 E. 11'h Street
Austin, Texas 78701
Local Government: The Honorable Mike Foreman
Mayor, City of Friendswood
910 S. Friendswood Drive
Friendswood, Texas 77546
All notices shall be deemed given on the date delivered in person or deposited in
the mail, unless otherwise provided by this agreement. Either party may change
the above address by sending written notice of the change to the other party.
Either party may request in writing that notices shall be delivered personally or by
certified U.S. mail, and that request shall be carried out by the other party.
16. Legal Construction
In case one or more of the provisions contained in this Agreement shall for any
reason be held invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions and this
Agreement shall be construed as if it did not contain the invalid, illegal, or
unenforceable provision.
17. Responsibilities of the Parties
The parties to this Agreement agree that no party is an agent, servant, or employee
of the other party and each party agrees it is responsible for its individual acts and
deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
18. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the
State shall remain the property of the State. All data prepared under this
Bridge AFA Page 8 of 16 Rev. 4/18/2023
Bridge Division
TOOT: NBI Structure# 12-085-0-PP0505-001
CCSJ# AFA ID Z00004752 Federal Highway Administration:
AFA CSJs 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
Agreement shall be made available to the State without restriction or limitation on
their further use. All documents produced or approved or otherwise created by the
Local Government shall be transmitted to the State in the form of photocopy
reproduction on a monthly basis as required by the State. The originals shall
remain the property of the Local Government. At the request of the State, the Local
Government shall submit any information required by the State in the format
directed by the State.
19. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances,
rules and regulations, and the orders and decrees of any courts or administrative
bodies or tribunals in any manner affecting the performance of this Agreement.
When required, the Local Government shall furnish the State with satisfactory proof
of this compliance.
20. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
subject matter of this Agreement.
21. Office of Management and Budget (OMB) Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in 2 CFR 200 that specify that all reimbursed costs are
allowable, reasonable, and allocable to the Project.
22. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR
§18.36 and with the property management standard established in Title 49 CFR
§18.32.
23. Inspection of Books and Records
The parties to the Agreement shall maintain all books, documents, papers,
accounting records, and other documentation relating to costs incurred under this
Agreement and shall make such materials available to the State, the Local
Government, and, if federally funded, the Federal Highway Administration (FHWA)
and the U.S. Office of the Inspector General, or their duly authorized
representatives, for review and inspection at its office during the contract period and
for four (4) years from the date of completion of work defined under this contract or
until any impending litigation or claims are resolved. Additionally, the State, the
Local Government, the FHWA, and their duly authorized representatives shall have
access to all the governmental records that are directly applicable to this
Agreement for the purpose of making audits, examinations, excerpts, and
transcriptions.
Bridge AFA Page 9 of 16 Rev. 4/18/2023
Bridge Division
TOOT: NBI Structure# 12-085-0-PP0505-001
CCSJ# AFA ID Z00004752 Federal Highway Administration:
AFA CSJs 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
24. Civil Rights Compliance
A. Compliance with Regulations: The Local Government will comply with the Acts
and the Regulations relative to Nondiscrimination in Federally-assisted programs
of the U.S. Department of Transportation (USDOT), the Federal Highway
Administration (FHWA), as they may be amended from time to time, which are
herein incorporated by reference and made part of this agreement.
B. Nondiscrimination: The Local Government, with regard to the work performed by
it during the contract, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The Local Government will
not participate directly or indirectly in the discrimination prohibited by the Acts
and the Regulations, including employment practices when the contract covers
any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
C. Information and Reports: The Local Government will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
information, and facilities as may be determined by the State or the FHWA to be
pertinent to ascertain compliance with such Acts, Regulations or directives.
Where any information required of the Local Government is in the exclusive
possession of another who fails or refuses to furnish this information, the Local
Government will so certify to the State or the Federal Highway Administration, as
appropriate, and will set forth what efforts it has made to obtain the information.
D. Sanctions for Noncompliance: In the event of the Local Government's
noncompliance with the Nondiscrimination provisions of this contract, the State
will impose such contract sanctions as it or the FHWA may determine to be
appropriate, including, but not limited to:
1. withholding of payments to the Local Government under the contract until the
Local Government complies and/or
2. cancelling, terminating, or suspending of the contract, in whole or in part.
E. Incorporation of Provisions: The Local Government will include the provisions of
paragraphs (A) through (F) in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The Local Government will take such
action with respect to any subcontract or procurement as the State or the FHWA
may direct as a means of enforcing such provisions including sanctions for
Bridge AFA Page 10 of 16 Rev. 4/18/2023
Bridge Division
TOOT: NBI Structure# 12-085-0-PP0505-001
CCSJ# AFA ID Z00004752 Federal Highway Administration:
AFA CSJs 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
noncompliance. Provided, that if the Local Government becomes involved in, or is
threatened with, litigation with a subcontractor or supplier because of such
direction, the Local Government may request the State to enter into such litigation
to protect the interests of the State. In addition, the Local Government may
request the United States to enter into such litigation to protect the interests of the
United States.
25. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved
DBE program.
C. The Local Government shall set an appropriate DBE goal consistent with the
State's DBE guidelines and in consideration of the local market, project size,
and nature of the goods or services to be acquired. The Local Government
shall have final decision-making authority regarding the DBE goal and shall be
responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State's DBE program
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding
the Adoption of the Texas Department of Transportation's Federally-Approved
Disadvantaged Business Enterprise by Entity and attachments found at web
address
http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf.
E. The Local Government shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any U.S. Department of
Transportation (DOT)-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The Local Government shall
take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination in award and administration of DOT-assisted contracts. The
State's DBE program, as required by 49 CFR Part 26 and as approved by DOT,
is incorporated by reference in this agreement. Implementation of this program
is a legal obligation and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the Local Government of its
failure to carry out its approved program, the State may impose sanctions as
provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Local Government signs with a contractor (and each
subcontract the prime contractor signs with a sub-contractor) must include the
following assurance: The contractor, sub-recipient, or sub-contractor shall not
discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-
Bridge AFA Page 11 of 16 Rev. 4/18/2023
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TOOT: NBI Structure# 12-085-0-PP0505-001
CCSj# AFA ID Z00004752 Federal Highway Administration:
AFA CS1s 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
assisted contracts. Failure by the contractor to carry out these requirements is
a material breach of this agreement, which may result in the termination of this
agreement or such other remedy as the recipient deems appropriate.
26. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is
debarred or suspended or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549, "Debarment and
Suspension." By executing this agreement, the Local Government certifies that it is
not currently debarred, suspended, or otherwise excluded from or ineligible for
participation in Federal Assistance Programs under Executive Order 12549 and
further certifies that it will not do business with any party that is currently debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549. The parties to this contract
shall require any party to a subcontract or purchase order awarded under this
contract to certify its eligibility to receive Federal funds and, when requested by the
State, to furnish a copy of the certification.
27. Lobbying Certification
In executing this Agreement, each signatory certifies to the best of that signatory's
knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with federal
contracts, grants, loans, or cooperative agreements, the signatory for the Local
Government shall complete and submit the Federal Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The parties shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, and contracts under grants, loans, and cooperative agreements) and all
sub-recipients shall certify and disclose accordingly. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by Title 31 U.S.C. §1352. Any person who fails to file the required
Bridge AFA Page 12 of 16 Rev. 4/18/2023
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TOOT: NBI Structure# 12-085-0-PP0505-001
CCS1# AFA ID Z00004752 Federal Highway Administration:
AFA CS1s 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
28. Federal Funding Accountability and Transparency Act Requirements
A. Any recipient of funds under this agreement agrees to comply with the Federal
Funding Accountability and Transparency Act (FFATA) and implementing
regulations at 2 CFR Part 170, including Appendix A. This agreement is
subject to the following award terms: http://www.goo.gov/fdsys/pkg/FR-2010-09-
14/odf/2010-22705.pdf and http://www.gpo.goy/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to the State, a Central Contracting Registry (CCR)
number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100) if this
award provides for more than $25,000 in Federal funding. The CCR
number may be obtained by visiting the CCR web-site whose address is:
https://sam.gov/SAM/pages/public/index.jsf;
2. Obtain and provide to the State a Data Universal Numbering System
(DUNS) number, a unique nine-character number that allows the federal
government to track the distribution of federal money. The DUNS number
may be requested free of charge for all businesses and entities required to
do so by visiting the Dun & Bradstreet (D&B) on-line registration website
http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five (5) executives to the
State if:
i. More than 80% of annual gross revenues are from the Federal
government, and those revenues are greater than $25,000,000;and
ii. The compensation information is not already available through reporting
to the U.S. Securities and Exchange Commission.
29. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors,
assigns, and administrators to the other party to this Agreement and to the
successors, executors, assigns, and administrators of such other party in respect to
all covenants of this Agreement.
30. Local Government Restrictions
In the case that the Local Government has an existing, future, or proposed local
ordinance, commissioners court order, rule, policy, or other directive that is more
restrictive than the state or federal regulations that results in an increase cost to the
State for the project, the local government is responsible for all increased costs
associated with the ordinance, order, policy, directive, or change.
Bridge AFA Page 13 of 16 Rev. 4/18/2023
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TOOT: NBI Structure# 12-085-0-PP0505-001
WSJ# AFA ID Z00004752 Federal Highway Administration:
AFA CS1s 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
31. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984,
P.L. 98-502, ensuring that the single audit report includes the coverage
stipulated in 2 CFR 200.
B. If threshold expenditures of$750,000 or more are met during the fiscal year,
the Local Government must submit a Single Audit Report and Management
Letter (if applicable) to TxDOT's Compliance Division, 125 East 11 th Street,
Austin, TX 78701 or contact TxDOT's Compliance Division at
sing leaud its(a)-txdot.gov.
C. If expenditures are less than the threshold during the Local Government's fiscal
year, the Local Government must submit a statement to TxDOT's Compliance
Division as follows: "We did not meet the $ expenditure threshold and
therefore, are not required to have a single audit performed for FY "
D. For each year the project remains open for federal funding expenditures, the
Local Government will be responsible for filing a report or statement as
described above. The required annual filing shall extend throughout the life of
the agreement, unless otherwise amended or the project has been formally
closed out and no charges have been incurred within the current fiscal year.
32. Pertinent Non-Discrimination Authorities
During the performance of this contract, the Local Government, for itself, its assignees,
and successors in interest agree to comply with the following nondiscrimination statutes
and authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal-aid programs
and projects).
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended,
(prohibits discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part
27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section
47123), as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Bridge AFA Page 14 of 16 Rev. 4/18/2023
Bridge Division
TOOT: NBI Structure# 12-085-0-PP0505-001
CCSj# AFA ID Z00004752 Federal Highway Administration:
AFA CSjs 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, subrecipients and
contractors, whether such programs or activities are Federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38.
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures
nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, the parties must take reasonable steps to ensure that
LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to
74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the
parties from discriminating because of sex in education programs or activities(20
U.S.C. 1681 et seq.).
33. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
agreement on behalf of the entity represented.
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TOOT: NBI Structure# 12-085-0-PP0505-001
CCSj# AFA ID Z00004752 Federal Highway Administration:
AFA CS1s 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Graham Bettis, P.E.
Bridge Division Director
Texas Department of Transportation
Date
Bridge AFA Page 16 of 16 Rev. 4/18/2023
Bridge Division
TxDOT: NBI Structure# 12-085-0-PP0505-001
CCSj# AFA ID Z00004752 Federal Highway Administration:
AFA CSJs 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Drive at Mary's Creek AFA Not Used For Research&Development
ATTACHMENT A
PROJECT LOCATION MAP
�ocq 2 551
7f�
• a
o�
N
.25 miles
100feet
or
Key Map Locatjon
CSJ:0912-73-231
NBI:12-085-0-PP0505-001 -_-
Location:Dunbar Estates Drive
at Mary's Creek 616
Description of Work: Texas
Replace Bridge and Approaches Deparhr►ent
Entity:City of Friendswood11 µ of Transportation
Bridge AFA Page 1 of 1 Attachment A 4/18/2023
Bridge Division
TxDOT: NBI Structure# 12-085-0-PP0505-001
CCS1# AFA ID Z00004752 Federal Highway Administration:
AFA CS1s 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
ATTACHMENT B **
LIST OF DISTRICT ENGINEER APPROVED
EQUIVALENT-MATCH PROJECTS
Location (and On School Historic Description of Estimated
structure Bus Bridge? Structural or Safety Cost
identification number, Route? (Yes/No) Improvement Work
if applicable) Yes/No
Total
EMP work credited to this PWP*
Balance of EMP work available to associated PWPs
Associated PWPs CSJs Amount to be Credited to Associated
PWPs
*This total should typically equal the "Balance of Local Government Participation" that is
waived as shown in Attachment C.
**This attachment not applicable for non-PWPs.
Bridge AFA Page 1 of 1 Attachment B 4/18/2023
Bridge Division
TxDOT: NBI Structure# 12-085-0-PP0505-001
CCS1# AFA ID Z00004752 Federal Highway Administration:
AFA CS1s 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
ATTACHMENT C
ESTIMATE OF DIRECT COSTS
Local Government
Estimated Cost Participation
Preliminary Engineering (PE) (1) $61,000
Ten Percent (10%) or EDC Adjusted
Percent of PE for Local Government (3) $6,100
Participation
Construction $610,000
Engineering and Contingency (E&C) $67,100
The Sum of Construction and E&C (2) $677,100
Ten Percent (10%) or EDC Adjusted
Percent of the Sum of Construction and
E&C for Local Government Participation (4) $67,710
Amount of Advance Funds Paid by
Local Government * (5) $0
Amount of Advance Funds to be Paid by
Local Government * (6) $73,810
Balance of Local Government
Participation which is to be Waived
where the Project is a PWP (3+4-5-6) $0
Total Project Direct Cost (1+2) $738,100
*Credited Against Local Government Participation Amount
If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as Shown
on Attachment B. N/A
Bridge AFA Page 1 of 1 Attachment C 4/18/2023
Bridge Division
TxDOT: NBI Structure# 12-085-0-PP0505-001
CCSJ# AFA ID Z00004752 Federal Highway Administration:
AFA CSJs 0912-73-231 CFDA No. 20.205
District# 12 Code Chart 64# 15320 CFDA Title Highway Planning and Construction
Project Name Dunbar Estates Dr.at Mary's Creek AFA Not Used For Research&Development
ATTACHMENT D
RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT
TO BE ADDED
AFTER PASSED BY
LOCAL
GOVERNMENT
Bridge AFA Page 1 of 1 Attachment D 4/18/2023
Bridge Division