R2023-020 2023-01-23RESOLUTION NO. R2023-20
A Resolution of the City Council of the City of Pearland, Texas, amending an
Advanced Funding Agreement with the State of Texas, in the amount of
$449,600.00, for the Clear Creek Trail Project (Barry Rose Road to Pearland
Parkway at UHCL).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Amended 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 Amended Advance Funding Agreement with the State of Texas, for
the Clear Creek Trail Project.
PASSED, APPROVED and ADOPTED this the 23rd day of January, A.D., 2023.
_________________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794
TxDOT:: Federal Highway Administration:
CSJ # 0912-00-560 CFDA No. 20.205
District # 12 - HOU AFA ID Z00001162 CFDA Title Highway Planning and Construction
Code Chart 64 # 32150
Project Name Clear Creek Trail AFA Not Used For Research & Development
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, called the State, and the City of Pearland, acting by and through it’s
duly authorized officials, called the Local Government.
W I T N E S S E T H
WHEREAS, the State and the Local Government executed a contract on July 24 of 2019 to effectuate
their agreement to Engineer and construct approximately 12,400 linear feet of ten (10) foot wide
concrete bike/pedestrian off roadway trail along the east bank of Clear Creek from Hughes Road
north to El Franco Lee Park, crossing to the west bank and continuing north then west under the
Pearland Parkway bridge turning south along the west side of Pearland Parkway and terminating at
the driveway of the University of Houston Pearland Campus; and,
WHEREAS, it has become necessary to amend that contract; with an updated scope and location
map to include the trail change beginning at the existing trail and incorporating all trails on the west
side in Brazoria County.
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
Article 4. Scope of Work, Use of Project, and Project Location, has been deleted in it’s entirety and
replaced with:
A. The scope of work for the Project (located as shown in Attachment B-1, Project Location Map)
consists of: Engineering and construction of approximately 10,000 linear feet of ten (10) foot
wide concrete bike/pedestrian off roadway trail along the west bank of the Clear Creek from
Hughes Road north continuing north then west continuing under the Pearland Parkway bridge
turning south along the west side of Pearland Parkway and terminating at the driveway of the
University of Houston Pearland Campus. The trail will be located in Brazoria County. However,
there will be a pedestrian bridge that will connect Harris County and Brazoria County at the
beginning of the project by crossing Clear Creek. The trail will include San Jacinto themed
historical points of interest signage. The purpose of this TAP project is to provide the
engineering and construction of an off-street multi-use path to provide safer transportation to
pedestrian and cyclists apart from vehicular traffic.
DocuSign Envelope ID: A602D6FE-70C5-40F6-987F-763DD612D75A
TxDOT:: Federal Highway Administration:
CSJ # 0912-00-560 CFDA No. 20.205
District # 12 - HOU AFA ID Z00001162 CFDA Title Highway Planning and Construction
Code Chart 64 # 32150
Project Name Clear Creek Trail AFA Not Used For Research & Development
AFA Amend Page 2 of 2 Revised 11/9/2021
B. Attachment B. Location Map, has been deleted in it’s entirety and replaced with:
Attachment B-1. Location Map.
All other provisions of the original contract are unchanged 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.
Each party is signing this amendment on the date stated under that party’s signature.
THE LOCAL GOVERNMENT
_________________________________
Trent Epperson
Interim City Manager
City of Pearland
_________________________________
Date
THE STATE OF TEXAS
_________________________________
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
_________________________________
Date
DocuSign Envelope ID: A602D6FE-70C5-40F6-987F-763DD612D75A
1/24/2023 | 6:54 AM PST
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