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R2004-080 05-24-04RESOLUTION NO. R2004-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF FM 518 AND SUNRISE LAKE BOULEVARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and the Texas Department of Transportation, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is herebY authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with Texas Department of Transportation for traffic signal improvements at the intersection of FM 518 and Sunrise Lake Boulevard. PASSED, APPROVED and ADOPTED this the 24th day of I~ay , A.D., 2004. ,~~,~..S T: ~ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Exhibit "A" Resolution No. R2004-80 CS J: 0912-00-266 Project No.: STP 2004(297) County: Harris Location: VA: Various Locations Districtwide ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THE STATE OF TEXAS THE COUNTY OF TRAVIS § THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Pearland, acting by and through its duly authorized officers, hereinafter called the Local Government. WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 108812 authorizes the State to undertake and complete a highway improvement generally described as the installation of traffic signal improvements at various locations throughout the Houston District; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by providing a contribution to facilitate the implementation of the installation of the traffic signal located at the intersection of FM 518 and Sunrise Boulevard, hereinafter called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; Voluntary AFA 0912-00-266 Page 1 of 5 5/4/2004 NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. Article 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 4. Responsibilities of the Parties The Local Government acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Article 5. Document and Information Exchange Not Applicable. Article 6. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. Article 7. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor Voluntary AFA 0912-00-266 Page 2 of 5 5/4/2004 performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 8. Increased Costs Not Applicable. Article 9. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 10. Termination This agreement may be terminated in the following manner: · by mutual written agreement and consent of both parties; · by either party upon the failure of the other party to fulfill the obligations set forth herein; · by the State if it determines that the performance of the Project is not in the best interest of the State. If the contract is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. · In the event the Project is not constructed, the Local Government may seek reimbursement from the State of the contributed funds. · Termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State under this agreement. Article 11. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Voluntary AFA 0912-00-266 Page 3 of 5 5/4/2004 Local Government: State: City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Texas Department of Transportation P. O. Box 1386 Houston, Texas 77251-1386 Attn: Mayor Attn: District Engineer All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 12. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 13. 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. Article 14. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 15. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Article 16. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. Voluntary AFA O912-00-266 Page 4 of 5 5/4/2004 IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. ~ Distric{~gineer Date THE LOCAL GOVERNMENT CITY OF PEARLAND Typed or Printed Name and Title Date Bi 11 Ei sen, Ci t,y Manager Voluntary AFA 0912-00-266 Page 5 of 5 5/4/2OO4 CS J: 0912-00-266 Project No.: STP 2004(297) County: Harris Location: VA: Various Locations Districtwide Attachment A Payment Provision and Work Responsibilities Description of the Cost of the Items of Work The State shall be responsible for the development and the construction of the traffic signal located at the intersection of FM 518 and Sunrise Boulevard. All work shall be in accordance with the State Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges which is incorporated herein by reference. The Local Government's participation in this Project is to supplement project funding to facilitate the implementation of the Project: The Local Government's contribution to this Project is $58,100. Schedule of Payments Upon final execution of this agreement, the Local Government will remit a check or warrant (one payment) made payable to the Texas Department of Transportation in the amount of $58,100, to be used as contribution toward construction of the proposed Project. Actual Cost A.qreement The Local Government will contribute $58,100 as financial incentive toward the construction of the Project. Voluntary AFA 0912-00-266 Page 1 of 1 5/18/2004