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R2022-243 2022-11-07 DocuSign Envelope ID:756B33E6-B414-4285-9C70-8E8CFDE5D40A RESOLUTION NO. R2022-243 A Resolution of the City Council of the City of Pearland,Texas, authorizing an Advanced Funding Agreement with the State of Texas for a voluntary utility relocation contribution on a federally funded off-system bridge project in the amount of$228,035.00. 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 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 a voluntary utility relocation contribution on a federally funded off-system bridge project in the amount of $228,035.00. PASSED, APPROVED and ADOPTED this the 7th day of November, A.D., 2022. DocuSigned by: Y r4r2... J. KEVIN COLE MAYOR ATTEST: DocuSigned by: CC225Th rrF415... FRANCES AGUILAR, TRMC, MMC q,,,.. ��r„,0,,„, CITY SECRETARY `4/6* '.,, APPROVED AS TO FORM: f , -DocuSigned by: i.,... 1:::4„....--1/4____„ f27..--k,„-- - f13CA690DD1F466... DARRIN M. COKER CITY ATTORNEY CSJ #0912-72-558 RCSJ #0912-72-658 Utility ID 00012249 District #12; AFA ID Z00002865 Code Chart 64 #32150 Project: Country Club Bridge at Clear Creek AFA Amend Page 1 of 2 Revised 11/9/2021 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT #1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation “State” and the City of Pearland (“Utility). W I T N E S S E T H WHEREAS, the State and the Local Government executed a contra ct on December 7, 2022 to effectuate their agreement to relocate utilities along Country Club Bridge at Clear Creek ; and, WHEREAS, it has become necessary to amend that contract to change the design responsibilities from the State to the Utility, and remove the design costs from the estimated utility costs; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: A G R E E M E N T 1. Description of Amended Items A. Attachment A, Payment Provision and Work Responsibilities, is deleted in its entirety and replaced with Attachment A -1, Payment Provision and Work Responsibilities, which is attached to and made a part of this Agreement. B. Attachment B, Estimated Utility Costs , is deleted in its entirety and rep laced with Attachment B-1, Estimated Utility Costs, which is attached to and made a part of this Agreement. The estimated utility costs are reduced by $13,880.38, from $241,915.38 to $228,035.00. All other provisions of the original contract are unchang ed and remain in full force and effect. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. DocuSign Envelope ID: 405F97F1-7DA4-4722-ABB8-3E7127F5CE94 CSJ #0912-72-558 RCSJ #0912-72-658 Utility ID 00012249 District #12; AFA ID Z00002865 Code Chart 64 #32150 Project: Country Club Bridge at Clear Creek AFA Amend Page 2 of 2 Revised 11/9/2021 Each party is signing this amendment on the date stated under that party’s signature. THE UTILITY _________________________________ Kevin Cole Mayor, City of Pearland _________________________________ Date THE STATE OF TEXAS _________________________________ Eliza C. Paul, P.E. District Engineer, Houston District _________________________________ Date DocuSign Envelope ID: 405F97F1-7DA4-4722-ABB8-3E7127F5CE94 3/29/2023 3/29/2023 CSJ #0912-72-558 RCSJ #0912-72-658 Utility ID 00012249 District #12; AFA ID Z00002865 Code Chart 64 #32150 Project: Country Club Bridge at Clear Creek AFA Utility Page 1 of 3 Attachment A-1 ATTACHMENT A-1 PAYMENT PROVISION AND WORK RESPONSIBILITIES 1.Description of the Work Items The parties agree that the existing waterline shall be relocated and adjustments shall be made along Country Club Bridge at Clear Creek. The waterline facilities shall be owned, operated, and maintained by Utility from and after completion and final acceptance by the State and Utility. The estimated total construction cost for the relocated and adjusted facilities is $228,035.00. The parties agree that it is their intent to complete the relocation improvements within this estimate of cost. 2.Actual Cost Agreement Utility will be responsible for paying all costs associated with the planning, specification, and estimate (PS&E) development, and construction of the proposed utility work to the extent such is not reimbursed pursuant to state law. All the costs associated with construction of the waterline items for the Project shall be provided as defined under the Standard Utility Agreement, Utility Joint Use Agreement, and/or the Agreement to Contribute Funds executed between the State and Utility. 3.Schedule of Payments A.At least forty-five (45) days prior to the date set for receipt of the construction bids, the Utility shall remit its remaining financial share for the State’s estimated construction oversight and construction costs. Utility must advance to the State one hundred percent (100%) of its share of the estimated Project utility construction costs. The amount to be advanced for the utility improvements is estimated to be $228,035.00. (See Attachment B – Estimated Utility Costs) B.In the event the State determines that additional funding is required by the Utility at any time during the Project, the State will notify the Utility in writing. The Utility is responsible for one hundred percent (100%) of the authorized project cost and any overruns. The Utility will make payment to the State within thirty (30) days from receipt of the State’s written notification. C.Whenever funds are paid by the Utility to the State under this agreement, the Utility will remit a warrant made payable to the “Texas Department of Transportation.” The warrant will be deposited by the State and managed by the State. Until the final Project accounting, funds may only be applied by the State to the Project. D.Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Utility, the State, or the Federal Government will be promptly paid by the owing party. DocuSign Envelope ID: 405F97F1-7DA4-4722-ABB8-3E7127F5CE94 CSJ #0912-72-558 RCSJ #0912-72-658 Utility ID 00012249 District #12; AFA ID Z00002865 Code Chart 64 #32150 Project: Country Club Bridge at Clear Creek AFA Utility Page 2 of 3 Attachment A-1 4. Work Responsibilities A. The Utility shall provide the following services under this contract: i. Responsible for engaging the services of a Texas Registered Professional Engineer to prepare drawings and technical specifications for waterline relocations and adjustments along Country Club Bridge at Clear Creek. ii. Provide the plans and specifications to the State to include in the current planning specifications and estimate package being prepared by representatives of the Texas Department of Transportation’s Houston District Office. iii. Secure all necessary permitting as may be required for the installation o f the water line. iv. Arrange and coordinate with the contractor, through the State, materials and equipment testing, rejection of all work not conforming to minimum requirements of the construction contract documents, maintenance of the proposed waterline during construction, and the relocation of waterline and connection of services to customers. v. Advi se the State of work that Utility determines should be corrected or rejected. vi. Arrange, observe, and inspect all acceptance testing and notify the State of the results of these activities. vii. Provide inspection services for the construction, notify the State of defects and deficiencies in the work, and observe actions of the contractor to correct such defects and deficiencies. viii. Assume all responsibility for the maintenance of the existing waterline during and upon completion of the construction contract. ix. Ensure all Texas Commission on Environmental Quality and all other regulatory rules, regulations and laws are strictly adhered to. x. Prepare and submit both a certific ate of substantial completion and a list of observed items requiring completion or correction for the relocations and adjustments to the Project Engineer for concurrence. xi. Coordinate all construction activities performed by Utility’s staff for the relocations and adjustments through the Project Engineer. B. The State shall provide the following services under this contract: i. Combine the waterline relocation and adjustment plans with the plans being prepared for the Project. ii. Review and approve the final construction plans prior to any construction-related activities. In order to ensure federal and/or state funding eligibility, projects must be authorized by the State prior to advertising for construction. iii. Advertise for construction bids, issue bid proposals, receive and tabulate the bids , and award and administer the contract for construction of the Project. iv. Negotiate and administer all field changes and change orders required for the Project. All change orders increasing cons truction costs for Utility’s Project shall be submitted to Utility for review and approval together with an evaluation. Utility agrees to review and either approve or disapprove all change orders within five (5) business days after receipt of such order unless Utility Board’s approval is necessary in which case Utility shall bring the item to Utility Board as soon as reasonably possible. DocuSign Envelope ID: 405F97F1-7DA4-4722-ABB8-3E7127F5CE94 CSJ #0912-72-558 RCSJ #0912-72-658 Utility ID 00012249 District #12; AFA ID Z00002865 Code Chart 64 #32150 Project: Country Club Bridge at Clear Creek AFA Utility Page 3 of 3 Attachment A-1 v. Provide overall project management to supervise the day-to -day activities of the construction and monitor the activities of the contractor to promote the timely and efficient completion of the Project in accordance with the approved Plans and Specifications and construction schedule. vi. Conduct field observations and coordinate with Utility’s inspectors and the contractor to cure defects and deficiencies in the construc tion prior to final acceptance. vii. Make timely payment to the contractor for work performed in connection with the Project. viii. Ensure access and permit Utility’s inspectors and other authorized representatives to inspect the waterline construction at all times. ix. Conduct and coordinate final inspection of the Project in the presence of Utility’s Engineer and Inspector, transmit final list of items to be completed or repaired and observe contractor correction of same. x. Maintain job file. DocuSign Envelope ID: 405F97F1-7DA4-4722-ABB8-3E7127F5CE94 CSJ #0912-72-558 RCSJ #0912-72-658 Utility ID 00012249 District #12; AFA ID Z00002865 Code Chart 64 #32150 Project: Country Club Bridge at Clear Creek AFA Utility Page 1 of 1 Attachment B-1 ATTACHMENT B -1 ESTIMATED UTILITY COSTS Based on various calculations, following are those amounts due and payable for Utility’s costs associated with this project. Total Estimated Costs $228,035.00 Less Betterment Amount Due from Utility $0 Amount of total utility relocation Costs $228,035.00 Estimated Amount Eligible for Reimbursement (Calculated eligibility Ratio – 0 %) $0 Amount of Utility Adjustment Due from Utility $228,035.00 Estimated amount to be included in Construction Agreement A. Betterment $0 B. Utility Adjustment $228,035.00 GRAND TOTAL $228,035.00 Betterment Ratio Calculation Estimated Betterment Costs 1. $0 2. $0 Betterment Calculation: Total Costs of Betterment (Estimated) - $0 __________ Total Costs of Project (Estimated) - $228,035.00 Betterment Percentage for final cost determination: 0% of final cost of relocation Determination of Betterment – Comparison of estimated cost to replace “as is” versus estimated costs associated with the betterment. Item A: NA Item B: NA DocuSign Envelope ID: 405F97F1-7DA4-4722-ABB8-3E7127F5CE94