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R2006-053 04-04-06 RESOLUTION NO. R2006-53 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 STATE OF TEXAS FOR IMPROVEMENTS TO THE OLD ALVIN BRIDGE. 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 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 Old Alvin Bridge PASSED, APPROVED and ADOPTED this the 24th day o~ A.D., 2006 c= ~i ~ TOM REID MAYOR ATTEST: APPROVED AS TO FORM: UJ~ Ii . ~ DARRIN M. COKER CITY ATTORNEY Resolution 2006-53 4/24/06 CSJ: 0912-31-129 District: Houston Code Chart 64: 32150 Project: BR 2001(692) NBI Structure No. 120200MO 1825003 ORe<<;~NAL STATE OF TEXAS ~ COUNTY OF TRAVIS ~ CONSTRUCTION AND MAINTENANCE AGREEMENT For Bridee Replacement or Rehabilitation Off the State System AMENDMENT NO. 1 THIS Advance Funding Agreement Amendment (the 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, acting by and through its duly authorized officials, hereinafter called the "Local Government." THIS Amendment relates to the local match fund participation requirement being based solely on the estimate of project direct cost included in this Amendment. WITNESSETH WHEREAS, the State and the Local Government executed an agreement on the 16th day of May 2002 to effectuate the project to replace or rehabilitate the deficient 2 lane wide bridge located on a public road or street on Old Alvin Road at Drainage Ditch, hereinafter called the Project; and WHEREAS, the previously executed agreement provides for the Local Government match fund participation requirement to be based on the actual project cost; and WHEREAS, Texas Administrative Code, Title 43, Section 15.52 (3)(C) provides for the Local Government match fund participation requirement to be based solely on the estimated project direct cost; and WHEREAS, if the local match fund participation percentage requirement has been adjusted for Economically Disadvantaged County CEDC) consideration under the provisions of Texas Transportation Code Section 222.053, the required local match fund participation for this project has been adjusted to N/A percent as authorized by Texas Transportation Commission Minute Order number N/ A , dated N/ A ; and Bridge- Bridge_AS Rev 01/09/06 Page 1 - 4 Bridge Division 6-2001-A.2 CSJ: 0912-31-129 District: Houston Code Chart 64: 32150 Project: BR 2001(692) NBI Structure No. 120200MO 1825003 WHEREAS, if under the previously executed agreement the required local match fund participation included payment by the Local Government of a portion of the State's indirect costs for the project items that are eligible for State or Federal participation, such payment(s) for indirect costs not already received by the State, may be waived under the provisions of Texas Government Code Section 2106.08; and WHEREAS, the Local Government has requested that the State expand the scope of the Project to include widening of the Old Alvin Road Bridge at Drainage Ditch and the roadway approaches to the bridge to 4 lanes, to match the Local Government's plans to widen Old Alvin Road to 4 lanes both north and south of the bridge; and WHEREAS, the Local Government agrees that the execution of this amendment affirms that the widening of Old Alvin Road to 4 lanes has been approved in their current capital improvement plan, as described in the resolution or ordinance, which is attached hereto and made a part hereof as Attachment E; and WHEREAS, the State will provide a proportional share of the bridge replacement widening costs as described in Attachment D; and WHEREAS, if one or more advance funding payments have already been received by the State from the Local Government in accordance with the previously executed agreement, including payment for any of the State's indirect costs for the project items that are eligible for State or Federal participation, and, while no portion of these payments can be reimbursed to the Local Government, such payments should be credited against the Local Government's match fund participation requirement as provided for under this agreement amendment. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows. AGREEMENT Article 1. Description of Amendment Items Amendment Item A. - Agreement Article 13, Local Project Sources and Uses of Funds is amended to add the following sub-articles relating to the funding responsibilities of the Local Government regarding the additional widening of the Old Alvin Road Bridge. m. The Local Government shall be responsible for completing the widening of Old Alvin Road from McHard Road to East Orange Street to 4 lanes within five (5) calendar years of completion of the Old Alvin Road Bridge construction project. A notice of completion of work shall be delivered to the State's District Engineer no later than thirty (30) calendar days after the widening of Old Alvin Road to 4 lanes is completed. Bridge- Bridge_AS Rev 01/09/06 Page 2 - 4 Bridge Division 6-2001-A.2 CSJ: 0912-31-129 District: Houston Code Chart 64: 32150 Project: BR 2001(692) NBI Structure No. 120200M01825003 n. Failure by the Local Government to complete the widening of Old Alvin Road to 4 lanes within the stated five-year period shall result in the Local Government being responsible for one hundred percent (100%) of the cost difference associated with the constructing a 2 lane bridge versus a 4 lane bridge on Old Alvin Road at the Drainage Ditch. The cost difference is depicted in Attachment D to this agreement. Article 2. 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. 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. Article3. All other provisions of the original agreement are unchanged and remain in full force and effect. Article 4. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: ~~ Signature Bill Eisen Printed Name of Signatory Title: Ci ty Manager Date: Apri 1 24. 2006 Bridge- Bridge_AS Rev 01/09/06 Page 3 - 4 Bridge Division 6-2001-A.2 CSJ: 0912-31-129 District: Houston Code Chart 64: 32150 Project: BR 2001(692) NBI Structure No. 120200M01825003 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. By: ~~R. William R. Cox, P.E. Director, Bridge Division ~ Date: r;;-1-CJ(p Bridge- Bridge_AS Rev 01/09/06 Page 4 - 4 Bridge Division 6-2001-A.2 CSJ: 0912-31-129 District: Houston Code Chart 64: 32150 Project: BR 2001(692) NBI Structure No. 120200M01825003 EXHIBIT D ESTIMATE OF DIRECT COSTS (NOTE: This estimate supersedes any and all those that may have been provided previously for this project.) Estimated Cost Local Government Participation Preliminary Engineering (PE) (1) $88,301 Ten (10) Percent or EDC Adjusted Percent of PE for Local Government Participation (3) $8,830 Construction Cost to Widen Old Alvin Bridge (F our Lane Bridge) $883,011 $97,131 (2) $980,142 Engineering and Contingency (E&C) The Sum of Construction and E&C Ten (10) Percent or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation (4) $98,014 Amount of Advance Funds Paid by Local Government * (5) ($7,760) Balance of Local Government Participation to be Paid (3+4-5) $99,084 Total Project Direct Cost (1+2) $1,068,443 Cost for a two lane bridge in Original Agreement (6) $627,375 Difference in cost for 2 lane vs. 4 lane Bridge ** (1+2-6) $441,068 * Credited Against Local Government Participation ** Failure by the Local Government to complete the widening of Old Alvin Road within the five- year period shall result in the Local Government being responsible for one hundred percent (100%) of the cost difference associated with the constructing a 2 lane bridge versus a 4 lane bridge on Old Alvin Road at the Drainage Ditch.