R2004-189 11-22-04RESOLUTION NO. R2004-189
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 THE MCHARD ROAD
PROJECT (EAST OF STATE HIGHWAY 35).
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 the
McHard Road Project.
PASSED, APPROVED and ADOPTED this the ~
A.D.,2004.
22nd dayof November
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2004-189
Brazoria County
CSJ 0912-31-120
CS: McHard Road
Pearland Parkway
From SH 35 to
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
AMENDMENT ONE TO THE AGREEMENT
(HIGH PRIORITY PROJECTS PROGRAM)
THIS AMENDMENT, is made by and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the "State" and the
City of Pearland, Texas, hereinafter called the "City", acting by and through its
governing body the City Council.
WITNESSETH
WHEREAS, the State and the City executed an agreement on the 24th day of M ay
2000 concerning the construction of McHard Road From SH 35 to BW 8.
WHEREAS, the City decided to construct a portion of the project with their own funds
and the limits of the project were changed to From SH 35 to Pearland Parkway by
Amendment 49 to the Transportation Improvement Program, attached hereto as Exhibit
C; and
WHEREAS, the Federal funding for the project was increased by Minute Order 108465,
attached hereto as Exhibit D.
NOW THEREFORE, it is agreed to amend certain segments of the McHard Road
funding agreement as follows:
1. Section 2. A. of the Agreement is deleted in its entirety and replaced with the
following:
January 7, 2005 Page I of 4
The State and the City agree that the scope of the Project shall be limited to the
scope authorized by the Texas Transportation Commission. The scope of the
Project includes preparation of the environmental assessment, right of way
maps, property descriptions, aerial photogrammetry, schematic layout,
performing field surveys, conducting public meetings/hearings for McHard Road
from SH 35 to Pearland Parkway. The scope of work will also include
accomplishing adjustment of utilities, preparing plans, specifications and
estimates (PS&E), and any other work necessary to complete the Project as
applicable.
2. Section 3. A. of the Agreement is deleted in its entirety and replaced with the
following:
The City will prepare or cause to be prepared the Project's preliminary
engineering and environmental documents for the Project. The preparation of
the design plans, specifications and estimates necessary for the development of
the Project will be part of the scope of work. Development of the preliminary
engineering and environmental documents, for the Project, shall include, but not
be limited to, preparing the environmental assessment, right of way mapping,
aerial photogrammetry, property descriptions and schematic layout; performing
field surveys and conducting public meetings/hearings.
3. Section 3. B. of the Agreement is deleted in its entirety and replaced with the
following:
The City shall provide to the State environmental reports for the Project, to be
submitted to the appropriate regulatory agency(s), and shall provide
documentation to the satisfaction of these regulatory agency(s) that the
environmental problems have been remedied. The State will not let the
construction contract for the Project until all environmental problems have been
remediated.
4. Section 5. A. of the Agreement is deleted in its entirety and replaced with the
following:
The total estimated costs associated with the construction of the Project,
including construction engineering and testing services, is $6,240,000, per
Exhibit E to the Agreement.
5. Section 5. B. of the Agreement is deleted in its entirety and replaced with the
following:
The State will be responsible for securing the Federal share of funding required
for the construction of the Project. The Federal share for the total cost is eighty
percent toO Yo) u~ u~ total estimated cost of the Project, which is "" ......
e,+,~,,,uuu, per
Exhibit E to the Agreement. T he Citywill be responsible for any non-Federal
January 7, 2005 Page 2 of 4
participation costs associated with the Project.
The original agreement is also modified by this amendment to include "Exhibit C
- 1998-2000 Transportation Improvement Program Amendment" (No. 49)which
is attached hereto and made part hereof.
7. The original agreement is also modified by this amendment to include "Exhibit D
Minute Order 108465" which is attached hereto and made part hereof.
8. The original agreement is also modified by this amendment to include "Exhibit E
Funding Cost Estimate" which is attached hereto and made part hereof.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
IN WITNESS WHEREOF, THE STATE AND THE CITY have executed duplicate
counterparts to effectuate this first amendment.
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.
~ Ja'ni(~e' M'ulleni)~, Di~'ector
~.~ Contract Services Office
January 7, 2005 Page 3 of 4
CITY OF PEARLAND
ATTEST/SEAL:
APPROVED AS TO FORM:
City Attorney
CITY OF PEARLAND
Signed by:
City Manager
Date of Execution
January 7, 2005 Page 4 of 4
2002'2004 TRduN$1~OR'tATIO'N ilVlPROVEiHENT PROGRAlVl
A-IVIEND1VIE1NTI' NUMBER 49
CS~10912-31-120
GR.
Mci-lard Road from Ha=is Courrty t.;,eto SH 35
Comm~ 4 ls~ divid~t rural'rOM ~a~ location
CSJ 0912-7t-720
~F,_a~ ~ from BW 8 to Bra~,~ Caum3~ Line
Con.~m= 4 I..-~ divided ~ r0.~i onn~w
The two projects loc-at~ on Moiled l~ad, CS.Is 0912-31-120 and 0912-71-720, are listed in
Appemiix I of tl~ 2002-200~. T~o~ lmlprovem~nt Program. They ar~ fvnd~ with
Ca~-gory 1~ (b~monsm~__'_,~a Proj~-=)
Tim o~,,,I b~oj~-t wa~ from SH 35 to BW g and had a rever~e L shat~. The east-w~sr leg of
the proje= ~ :from SH ~ to Pemr. iaad Patk'way. The north.~0uth leg wetrt from ?eaziand
ParlcwaytoBWg. We'spiittim proje~attt~am'yli~at ClearCr~kittmrwoprojecm. Tim
FI-1WA wrot~ city o£~Pe,,rlmd a I~:= sming t~,,? the north-south leg would no'longer be eligible
for Federal finding cl~ to mvitoxmmafal ~ Tim FHWA agr~-d tt~ all o£the projeor funds
could be spent on the east-vresc leg.
Al:this ~ TxDOT is mque~irtg to cam:el 0912-71-720 ami tramf~r ks trmds ~o CS~10912-31-
I20. TxDOT is also i~lu~:ing to modify th~ l;r61~s o£ CS$ 0912-31-120 to 'EVtcHmJd Road from
SH 35 t~ P~iand Pm'kv~y iu Pu-~rtaz~" ~ of"Mci-lard Road i'mxt ~ County 1'.~ ~o
SH 3~" mci &.lay the proje~ fi'om Fiscal Y~r 2003 to Fisml 200~.
EXHIBIT
PAGE I OF
2002-2004 TRANSPORTA~ON IMPROVEME~NT PRO'GRAM -43,IENDMENT
District: Houston
Type of Amendment: Administrative
TPC X STIP Revision X
OTHER 15 DemonstradonProjects
CS,J: See table below
~T, ype of Work: See table below
Requesred Amendment: "'
Cancel the project CS$ 0912-71-720 and trmster the ffmds to CSI 09t2-31-120. Also modi~
the limits ofCS10912-31-I20 as shown in the table below:
2002-2004 TIP Amendment Number:
Approved By:
49
/vEFO Director
Housron-Galvc~ston Area Councf2
Transportation Policy Council
Carol W. Nixon, P.E .... ' Date
Diderot of DLm-ict
Transportation Planning
TxDOT, Houston Disu-ict
,lAN
EXHIBIT C
PAGE 2 OF 3
?~OE !
01/09/02
, 2002-2004 TRANSPORTATION IMPROVEMENT PROGRAM
AMEb~MENT 49
HOUSTON-GALVESTON MPO
ORIGINAL
FV 2003
CSJ NAME OR DESIGNATION APPN CAT 1 COST I FEDERAL PRO] ID
DISTRICT LOCATION ("FROM) APPN CAT 2 COST 2 STATE LET DATE
COUNTY' LOCATION (TO) APimN CAT 3 COST 3 LOCAL RVN' DATE
CITY DESCRIPTION OF WORK APPN CAT 4 COST 4 LCL CONTRIB ?HA~E
COMMI~FFS
TOTAL
o~12-71-72o CR FED DI~VIO $? 14,0~0 $571,2~
HOug'roN M~HARD ROAD FROM BW 8
~ BRAZO]R/A COU)rrY~ SO $t42,~00 09/'2002
~ CONSTRUCT 4 LAN~ DI',;ID~I) RURAL ROAD ON ~
1.13~ATION 15 F~) D]~IO
(~12-31-12~ ~ FI~D DEMO
HOU-~ION MCHARD ROAD FR~MKIt35 $0 $1,231,600 092002
'BI~ZORIA Im-APJ-AND PARK3NAY l/~ I'EARLA.ND
~ CON'STRUCT 4 LAN~ DIVIDenD RUP, AL ROAD ON Nk'W'
LOCATION 15 FED D~-MO
AMENDED
FY 2003
C-'SI ' NAME OR DESIC, NATION APPNCAT I COST t I'~:RAL PRo$1D
DISTRICT LOCATION (FROM) API:N CAT 2 COST 2 ~'rAT~ ~ DAT~
COUNTY LOCATION (TO) APFN CAT 3 COST 3 LOCAL RVN DATE
CITY DF2CRIFI/ON OF WORK AITN CAT 4 COST 4 LCL CONTRIB PHASE
COMMENTS
TOTAL
0912-71-720 C~. FI/D DEMO
HOUSTON MC:HARD ROAD FROM nW ~ $0 SO 09/'2002
HARRIS. ];RAZO~..IA COUNT~LINE
So SO
OT"~-I]D~ ¢OI,~--TRUC-r 4 LA..NE 12iVlDrrl R~ ic~,D.~ ON ~ SO SO
LOCA~O~ 15 ~ DI~?,{O
Fl' 2004
"0912-~ 1-~20 ~ FED DEMO $6,&72,000
KOUSTON MCHARD ROAD FROM 5H 3~ $0 S1,.374,400
BRAZORIA PEARI..AND PARICW'Ay IN FEARLAND
O~ CONSTRUCT 4 L~ DIVIDED RURAL ROAD ON N~iar SO SO C.~
LOCATION t5 FEDDEMO
EXHIBIT C
PAGE 3 OF 3
VARIOUS Counties
District VAP IOUS
TEXAS TRANSPORTATION COMMISSION
MINUTE ORDER
Page 1 of 1
The 2001 Unified Transportation Program (UTP), containing Exhibit O, Category 15,
Congressional High Priority Projects, was approved by the Texas Transportation Commission
(commission) by Minute Order 108310, dated September 28, 2000,
Pursuant to the Transportation Equity Act for the 21 st Century (TEA-21), the Texas
Department of Transportation (department) recently received $13,024,702 in supplemental funding
from the Revenue Aligned Budget Authority (RABA), defined under 23 U.S.C. §110, to be used for
specific Congressional High Priority Projects m Fiscal Years 2000-2001.
In addition to the supplemental RABA funding, Section 378 of the Fiscal Year 2001 DOT
Appropriations Act appropriated funding for new Congressional High Priority Projects in the Pharr
District.
It is now necessary to approve project updates in Exhibit O, Category 15, Congressional High
Priority Projects, of the 2001 UTP.
IT IS THEREFORE ORDERED by the commission that the attached updated Exhibit O,
Category 15, Congressional High Priority Projects, of the 2001 UTP, is hereby approved and further
authorizes the executive director to proceed in the most feasible and economical manner w/th project
development and construction of these projects.
Submitted and reviewed by:
Recommended by:
Director, Transportation Planning
and Programming Division
EXHIBIT D
Executive Director
108465
MAR 29 01
Minute Date
Number Passed
Texas Department of Transportation
Brazoria County
CSJ 0912-31-120
CR: McHard Rd. from SH 35
to Pearland Parkway in Pearland
P.O. BOX 1386 · HOUSTON, TEXAS 77251-1386 · (713) 802-5000
October 11, 2004 EXHIBIT
Mr. Alan R. Mueller
Deputy City Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Dear Mr. Mueller:
The subject roadway project is currently scheduled to let for construction on January 11 or
January 12, 2005. Per the terms of the funding agreement between the Texas Department of
Transportation (TxDOT) and the City of Pearland (City), TxDOT agreed to notify the City,
prior to letting of the amount of funds payable by the City to TxDOT for this project.
The project is funded under the Congressional Demonstration Program with Federal funds
participating in 80 percent of the cost up to a maximum Federal cost of $4,992,000.00. The
City is responsible for paying for the 20 percent match to the Federal funds and 100 percent of
all items in excess of the Federal participation.
The attached cost calculation worksheet details the funding responsibilities for the project.
The City's match to the Federal participation is $1,889,250.36. Thus, the total owed by the
City is $1,889,250.36.
Please consider this letter as your notification that a payment of $1,889,250.36 is now due and
payable to TxDOT for the City's funding participation for this project. This sum is based on
the current estimate of costs. Should the actual bid price for the project be higher or lower
than the estimated amount, TxDOT will notify the City of an adjustment to the incremental
payment amount. We request that you expedite this payment, as we will not be able to let the
project, to construction without having the City's cost participation in hand.
An Equal Opportunity Employer
Mr. Alan Mueller
October 11, 2004
Page 2
Please also find attached an amended funding agreement for the project. As you may have
noticed above, the Federal cost participation has increased from the originally allocated
$4,800,000.00 to $4,992,000.00. Apparently, this modest increase in Federal funds is due to
supplemental funding provided for the Demonstration Program. The amendment covers the
increase in funds and the change in project limits from the original agreement. We request
that you have this amendment executed on behalf of the City and that you return the
amendment to us for execution by the State. We would appreciate your expeditious handling
of this matter.
Please contact Mr. Mark D. Patterson, P.E., at (713) 802-5506, should you have any questions
or need additional information.
Sincerely,
Houston District
MDP:ha
Attachment
cc: Mr. Mark D. Patterson, P.E.
Mr. A1 Hague, City
Mr. Joe Wertz, City
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