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R2005-0063 03-28-05 RESOLUTION NO. R2005-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH POAG & MCEWEN LIFESTYLE CENTER-HOUSTON, LLC ASSOCIATED WITH IMPROVEMENTS TO THE SH 288 FRONTAGE ROADS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Advance Funding Agreement by and between the City of Pearland and Poag & McEwen Lifestyle Center-Houston, LLC, 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 an Agreement with Poag & McEwen Lifestyle Center- Houston, LLC, associated with improvements to the SH 288 frontage roads. PASSED, APPROVED and ADOPTED this the 28~:h day of March , A.D., 2005. ATTEST: NG L,~'/~FCfN'~,,~R~¢~' // SE6,,RETARY -- APPROVED AS TO FORM: CITY ATTORNEY MAYOR Exhibit "A" Resolution No. 2005-63 THIS AGREEMENT ("Agreement") is made and entered into as of March ._?/, 2005 ("Effective Date"), by and between the CITY OF PEARLAND, TEXAS, a home rule municipality located in the counties of Brazoria, Harris, and Fort Bend, Texas ("City"), and PEARLAND LIFESTYLE CENTER, LP, ("Developer"). Recitals A. The State of Texas, acting by and through the Texas Department of Transportation ("State") has entered into a Local Transportation Project Advance Funding Agreement, attached hereto and incorporated as Exhibit "A," with the City. Bo The State desires the construction of improvements to SH 288, generally described as the construction of SH 288 southbound frontage road between Beltway 8 and FM 2234 ("Improvements"). Developer desires to expedite the Improvements to the SH 288 southbound frontage roads between Beltway 8 and FM 2234 and desires to include an additional southbound exit ramp to the plans. The development of the Project includes the preparation of design plans, specifications, and estimates ("PS&E") for the southbound frontage road. The PS&E will include the Clear Creek bridge, completing gaps between the existing roads and the new bridge, modification at tie in points to the existing frontage roads, the exit ramp, improving the existing frontage road pavement as necessary and signal modifications at FM 2234. E. Pursuant to the terms set forth in Exhibit "A", City has agreed to fund and develop the PS & E for the Improvements. F. To facilitate an expedited schedule for the Improvements, Developer desires to assume the duties and obligations of the City contained in Exhibit "A". Now, Therefore, in consideration of the foregoing and of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: In order to expedite the above referenced Improvements, Developer agrees to assume the City's duties and responsibilities contained in Exhibit "A". Developer shall submit, to the City, all documents constituting the PS&E for review' and approval, such approval not being unreasonably withheld. Developer shall be deemed in default of this Agreement if Developer fails to materially perform the City's duties and responsibilities contained in Exhibit "A". Before Developer shall be deemed to be in breach of this Agreement, City shall notify, in writing, Developer of alleged failure to perform. No breach of this Agreement may be found to have occurred if performance has commenced to the reasonable satisfaction of the City within 30 days of receipt of such notice. Upon a breach of this agreement by Developer, City, in any court of competent jurisdiction, by an action or proceeding at law, may file an action for damages, for Developer's failure to perform. Under no circumstances, shall the potential damages contemplated under this Agreement exceed the costs associated with production of the PS&E in accordance with Exhibit "A". This agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. No assignment by a party hereto of any rights under or interests in this agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this agreement. Whenever possible, each provision of this agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this agreement is prohibitive or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this agreement. This agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. This agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. PEARLAND LIFESTYLE CENTER, L.P. By: PMLC Pearland Management, LLC Its Generji/l Partner Nd'me: Joshua D. Poag Title: Chief Financial Office, Exccutive Vice President and Secretary CITY OF PEARLAND By: Name: Title: City Manager Exhibit "A" Resolution 2005-63 County: Harris County CSJ: 0598-02-038 SH 288: Harris County Line to FM 2234 (McHard Road) County: Harris County CS J: 0598-01-074 SH 288: BW 8 to Brazoria County Line STATE OF TEXAS § COUNTY OF TRAVlS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT THIS AGREEMENT 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, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21st Century (TEA-21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, Commission Minute Order Number 107561 authorizes the State to undertake and complete a highway improvement through the expenditure of discretionary funds; and AFALongGen Page 1 of 11 4/25/2005 Revised 1/31/05 WHEREAS, the State desires improvements to SH 288 generally described as the construction of SH 288 southbound frontage road between BW 8 and FM 2234, at the location shown on the Map in Attachment B hereinafter referred to as the Project; and WHEREAS, the Local Government desires to expedite the improvements currently planned by the State, to the SH 288 southbound frontage roads between BW 8 and FM 2234 and desires to include an additional southbound exit ramp to the plans; and, WHEREAS, the Local Government has agreed that the development of the Project includes, but is not limited to, the preparation of the design plans, specifications, and estimates (PS&E) for the southbound frontage road. The PS&E prepared by the Local Government will include the Clear Creek bridge, completing the gaps between the existing roads and the new bridge, modifications at tie in points to the existing frontage roads, the exit ramp, improving the existing frontage road pavement as necessary and signal modifications at FM 2234; and WHEREAS, the Governing Body of the Local Governme~nt has approved entering into this Agreement by resolution or ordinance dated . '-'~-~ii ~??.,~,~;~? , which is attached hereto and made a part hereof as Attachment C; and WHEREAS, the State will secure its funding share, perform the environmental assessment, provide necessary environmental documentation and permits, provide any required public meetings, provide any necessary environmental mitigation, arrange for the adjustment of utilities, review the PS&E, let the construction contract, provide the construction inspection and provide other items as required; and, 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, it is agreed as follows: AGREEMENT Period of the 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 the Project is completed or unless terminated as provided below. Scope of Work The State and the Local Government agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. The scope of the Project is to prepare the environmental assessment, right of way maps, property descriptions, and schematic layout; perform field surveys; conduct public meetings/hearings; prepare plans, specifications and estimates (PS&E); complete acquisition of right of way; construct the Project (including grading, paving, AFALongGen Page 2 of 11 4/25/2005 Revised 1/31/05 structures, etc. as applicable); and any other work necessary to complete the Project. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in the Project Budget Attachment "C" which is attached hereto and made a part hereof. The expected cash contributions from the federal or State government, the Local Governments, or other parties is shown in Attachment "C". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. d. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, including any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. e. For the purposes of this project the Local Government will be considered an extension of State staff and no review costs will be charged to the Local Government. f. The State will be responsible for all construction and construction management costs for this project per Attachment "C." g. The State is not liable to reimburse the Local Government for any costs that the Local Government incurs in developing the PS&E for this project. h. If the project has been approved for a "fixed price" or an "incremental payment" non-standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment "C" will clearly state the amount of the fixed price or the incremental payment schedule. i. If the Local government is an Economically Disadvantaged County and if the Texas Transportation Commission has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. j. 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 AFALongGen Page 3 of 11 4/25/2005 Revised 1/31/05 authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. The State will not execute the contract for the construction of the project until the required funding has been made available by the Local Government in accordance with this Agreement. 4. 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, or; b. because of a breach of this Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 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. Utilities If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the State will be responsible for determining the scope of utility work and for notifying the appropriate utility company to schedule adjustments. The State shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This includes, but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43 TAC §21.21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The State will be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the project, unless this work is provided by the owners of the utility facilities: a. per agreement; b. per applicable statutes or rules, or; c. as specified otherwise in this Agreement. Prior to letting a construction contract for the Project, a utility certification must be made available to the State upon request stating that all utilities needing to be adjusted for completion of the construction activity have been adjusted. AFALongGen Page 4 of 11 4/25/2005 Revised 1/31/05 10. Environmental Assessment and Mitigation Development of a transportation 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 a local project governed by this Agreement. b. The State is responsible for the cost of any environmental problem's mitigation and remediation. c. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The State is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with 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 establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). Architectural and Engineering Services The Local Government will fund and develop the design plans, specifications and estimates for the Project. The engineering and design plans shall be developed in accordance with 2004 Standard Specifications for Construction of Highways, Streets and Bridges, the latest edition and revisions of the State's Roadway Design Manual or the American Association of State Highway and Transportation Officials A Policy on Geometric Design of Highways and Streets, Federal regulations for conformity with the Clean Air Act air quality requirements, the EPA-National Pollutant Discharge Elimination System requirements, and the Texas Manual on Uniform Traffic Control Devices. In addition, all engineering work shall be prepared using the English system of measurements. Documents prepared for the purpose of public involvement shall be in the English unit system. The State will perform a 60 percent, 95 percent and final review of the engineering plans, specifications and estimate work being developed by the Local Government's consultant. The State will also review all schematic, bridge layout, design, hydraulic reports and data submitted by the Local Government. The State will review and approve the scope of work for the consultant preparing the engineering for the Local Government. The State will provide all available surveying, geotechnical and AFALongGen Page 5 of 11 4/25/2005 Revised 1/31/05 11. hydraulics information to the Local Government. Should required information not be available to the State, the Local Government will provide this data. If the Local Government has submitted work in accordance with the terms of this contract but the State requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the contract, the Local Government shall make such revisions as requested and as directed by the State. The Local Government shall be responsible for the accuracy of work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts. The Local Government's responsibility for all questions arising from design errors and/or omissions will be determined by the State. The Local Government will not be relieved of the responsibility for subsequent correction of any such errors or omissions. The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the State in accordance with the Texas Engineering Practice Act and the rules of the Texas Board of Professional Engineers. In procuring professional services, the parties to this Agreement must comply with Federal requirements cited in 23 CFR Part 172 if the Project is Federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for Federally funded Projects must conform to Federal requirements, specifically including the provision for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receives 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, which 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. The State will use its approved contract letting and award procedures to let and award the construction contract. c. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will AFALongGen Page 6 of 11 4/25/2005 Revised 1/31/05 12, 13. 14. 15. 16. be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Part B. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 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, addressed to such party at the following addresses: The Local Government State: City of Pearland, Texas 3519 Liberty Drive Pearland, Texas 77581 Attention: City Manager Texas Department of Transportation P. O. Box 1386 Houston, Texas 77251-1386 Attention: 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. 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. Responsibilities of the Parties The State and the Local Government agree that neither 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. AFALongGen Page 7 of 11 4/25/2005 Revised 1/31/05 17. 18. 19. 20. 21. 22. 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 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. 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. 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 Agreement's subject matter. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 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. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the 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, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Office of Management and Budget (OMB) Audit Requirements AFALongGen Page 8 of 11 4/25/2005 Revised 1/31/05 24. 25. 26. 27. 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 OMB Circular A-133. Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Program requirements established in 49 CFR Part 26. Enterprise 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." 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 in accordance with Title 49 CFR Part 29 (Debarment and Suspension). Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her 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 subawards at all tiers (including subcontracts, 4/25/2005 AFALongGen Page 9 of 11 Revised 1/31/05 subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, By executing this Agreement, the padies affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. 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 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. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 29. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LO~T Name Bill Eisen,City Manager Printed Name and Title Date AFALongGen Page 10 of 11 4/25/2005 Revised 1/31/05 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. Oanic/e~u(lenix / DireC/t/or of Contract Services Section OffiCe of General Counsel Texas Department of Transportation AFALongGen Page 11 of 11 4/25/2005 Revised 1/31/05 CERTIFICATION THE STATE OF TEXAS COUNTIES OF RRAZORIA, HARRIS & FT. BEND. I, LaKeisha Cannon-Scott, Deputy City Secretary of the City of Peartand, Texas, hereby certify that the attached constitutes a true and correct copy of Resolution No. R2005-62; duly passed and approved by the City Council on the 28"' day of March 2005. Witness my hand and seal of the City of Peadand, Texas, this 30~" day of March 2005, at Peadand, Texas. (SEAL) Deputy City Secretary 3519 LIBEI-CFY DR_rVE · PEARLAND, TEXAS 77581-5416 - 281-652-1600 o w~tw-d.peariand.bcus ATTACHMENT A Page 1 of 2 R__ESOLUTION NO. R2005-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARl_AND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR IMPROVEMENTS TO THE SH 288 FRONTAGE ROADS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARl_AND, TEXAS: .Section 1. That certain Advance Funding Agreement by and between the Cit7 of Pearland and the State of Texas, 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 an Advance Funding Agreement with the State of Texas, for improvements to the SH 288 frontage roads. PASSED, APPROVED and ADOPTED this the _28th day of March A.D., 2005. ' ATTEST: /Y~UN ~ ~ N"G'7, ~,C~TY SE~'RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR ATTACHMENT A Page 2 of 2 OXFORD AIRLINE N 0 .o I I I I I I I I I 0.8 I I I I I I I I I % % % I 'l County: Harris County CS J: 0598-02-038 SH 288: Harris County Line to FM 2234 (McHard Road) County: Harris County CS J: 0598-01-074 SH 288: BW 8 to Brazoria County Line ATTACHMENT C Project Budget And Description The Local Government will participate in the cost of the SH 288 frontage road improvements between BW 8 and FM 2234 as indicated below. The State has estimated the project costs to be as follows: Total Estimate Description Cost State Participation Local Participation °/oI Cost %1 Cost Construction 0598-01-074: SH 288: BW 8 to Brazoria County Line $1,730,805.13 100.00% $1,730,805.13 0.00% $0.00 Construction 0598-02-038 SH 288: Harris County Line to FM 2234 (McHard Road) $511,347.34 100.00% $511,347.34 0.00% $0.00 TxDOT Review* $0.00 0.00% $0.00 0.00% $0.00 Engineering & Contingencies (E&C)** (Estimated @ 11.5% of construction) $257,847.53 100.00% $257,847.53 0.00% $0.00 Design *** $250,000.00 0.00% $0.00 100% $250,000.00 TOTAL $2,750,000.00 $2,500,000. oo $250,000.00 * No Charge for Review ** Engineering and contingencies charges will be based on actual charges. *** Estimated Cost Local Government's Participation = $250;000.00 Page 1 of 2 Attachment C The State will not charge the Local Government any review costs for the Project. The Local Government will pay all costs associated with the development of the plans, specification and estimates for the SH 288 southbound frontage road improvements. It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is a preliminary estimate only, final participation amounts will be based on actual charges to the project. Page 2 of 2 Attachment C B'O cOUNtRY ~O~XO ~iV~V~ ~ I 1 County: Harris County CS J: 0598-02-038 SH 288: Harris County Line to FM 2234 (McHard Road) County: Harris County CS J: 0598-01-074 SH 288: BW 8 to Brazoria County Line ATTACHMENT C Project Budget And Description The Local Government will participate in the cost of the SH 288 frontage road improvements between BW 8 and FM 2234 as indicated below. The State has estimated the project costs to be as follows: Total Estimate Description Cost State Participation Local Participation % Cost %I Cost Construction 0598-01-074: SH 288: BW 8 to Brazoria County Line $1,730,805.13 100.00% $1,730,805.13 0.00% $0.00, Construction 0598-02-038 SH 288: Harris County Line to FM 2234 (McHard Road) $511,347.34 100.00% $511,347.34 0.00% $0.00 TxDOT Review* $0.00 0.00% $0.00 0.00% $0.00 Engineering & Contingencies (E&C)** (Estimated @ 11.5% of construction) $257,847.53 100.00% $257,847.53 0.00% $0.00 Design *** $250,000.00 0.00% $0.00 100% $250,000.00 TOTAL $2,750,000.00 $2,500,000.00 $250,000.00 *** Estimated Cost No Charge for Review Engineering and contingencies charges will be based on actual charges. Local Government's Participation = $250,000.00 Page 1 of 2 Attachment C The State will consider the Local Government and their engineering consultant to be an extension of State staff for the purposes of this Project and the State will not charge the Local Government any review costs for the Project. The Local Government will pay all costs associated with the development of the plans, specification and estimates for the SH 288 southbound frontage road improvements. It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is a preliminary estimate only, final participation amounts will be based on actual charges to the project. Page 2 of 2 Attachment C AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 .o. State of Texas Brazoria and Harris Counties • I, Randy Emmons, hereby certify that the notice,hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris &Galveston Counties, for / issues, as follows: • No. • / Date /2 2-- 20 (0. 1 No. • Date • • 20 •No. Date 20 No. , Date 20 • No. : Date 20 erna— President Subscribe and sworn to before me this .23 day of OS 0161 •• .• LAURA ANN EMMONS • Laura Ann Emmons, Publisher • ' -kzr " Notary Public,State of Texas • i? Commission Expires 09-09-2006 1-4•01,14 Notary Public, State of Texas PE.0 Published Dec.22,2004 NOTICE OF PUBLIC HEARING The'Pearland Economic Development Corporation will hold a public hearing on January 3, 2005, at 6:30 p.m., in. the Council Chambers,City Hall,3519 Liberty Drive, Pearland. Texas to consider usin proceeds of the one-hat cent sales tax for the follow ing projects: t r ' •Public Infrastructurd improvements to supporl development for the Poag& McEwen.Project in The Spectrum,at Beltway 8 and 1 SH 288.I At said hearing all interest; ed parties shall have the right and opportunity to ,appear and be heard on the subject:, /sfYoung Lorfing,TRMC City Secretary This site is accessible to disabled individuals. For; special assistance,please call Young Lorfing, at 281 652-1655,prior to the meet ing so that appropriate arrangements can be made.,