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R2006-110 07-24-06 RESOLUTION NO. R2006-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR A WAIVER WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE 10 PERCENT FUND PARTICIPATION FOR 5 BRIDGES IN THE FEDERAL OFF-SYSTEM BRIDGE PROGRAM WHEREAS, the federal off-system bridge program is administered by the Texas Department of Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets off the designated state highway system; and WHEREAS, the City of Pearl and, hereinafter referred to as the Local Government owns bridges located at; and Location of Bridge National Bridge Inventory Control-Section-Job Number (NBI) Number (CSJ) CR 105 (Roy Rd) at Hickory Slough 12-020-0-M00385-00 1 0912-31-197 Hatfield Road at Hickory Slough 12-020-0-MO 1095-001 0912-31-198 Miller Ranch Road at Hickory Slough 12-020-0-M00367 -001 0912-31-207 O'day Road at Hickory Slough 12-020-0-MO 1820-00 1 0912-31-208 W oodcreek Drive at Marys Creek 12-020-0-M03025-00 1 0912-31-199 WHEREAS, a project to remedy the bridge is included in the currently approved program of projects as authorized by Texas Transportation Commission Minute Order Number 110479 dated March 30, 2006; and WHEREAS, the usual fund participation ratio for projects on such program is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions the 10 percent Local Government match fund participation requirement may be waived with agreement by the Local Government to perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross-drainage structures within its jurisdiction, such a project of structural improvement work being referred to as an "equivalent-match project"; and WHEREAS, the estimated local match fund participation requirement on the approved federal off-system bridge project is one hundred ninety-nine thousand seven hundred seventy-one dollars $199,771.00, hereinafterreferred to as the "participation-waived" project, such participation requirement the Local Government proposes be waived and in return perform or cause to be performed equivalent match project structural improvement work. THEREFORE, BE IT RESOLVED that the Local Government perform, or cause to be performed, the following equivalent-match project in return for waiver ofthe local match fund participation requirement on the approved federal off-system bridge program (participation-waived) project not yet awarded: LOCATION (and NBI structure identification number, if applicable) ON SCHOOL BUS ROUTE? DESCRIPTION OF STRUCTURAL IMPROVEMENT WORK ESTIMATED COST CR 103 at Marys Creek 12-020-0-M00375-00 I Yes Replacement of bridge $795,600.00 n___ 11 _r", BE IT FURTHER RESOLVED that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2. The equivalent-match project work increases the load capacity of the existing bridge or other mainlane cross-drainage structure, or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading iflocated on a school bus route. 3. In performing, or causing to be performed, the equivalent-match project(s), the Local Government assumes all responsibilities for engineering and construction, and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed equivalent-match project(s) has not begun and will not begin until the local match fund participation waiver approval process has been completed, 5. The Local Government will be allowed three years after the contract award of the participation-waived project to complete the structural improvement work on the equivalent-match project(s). 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and Local Government. Section 1. That the City Council hereby authorizes the City Manager or his designee to apply for the waiver with the Texas Department of Transportation for the 10 percent fund participation for five (5) bridges in the federal off-system bridge program. ./~v>>J )0 TOM REID MAYOR ATTEST: APPROVED AS TO FORM: UaAA-" if. ~ DARRIN M. COKER CITY ATTORNEY July 24, 2006 County: Brazoria Project: BR ( ) Road/Street: See attached Resolution NBI Str. No.: See attached Resolution SUBJECT: Request for Waiver of Local Match Fund Participation Requirement on Federal Off-System Bridge Program Project Mr. Gary K. Trietsch, P .E. District Engineer Texas Department of Transportation P.O. Box 1386 Houston, Texas 77251-1386 Dear Mr. Trietsch: Under the provisions of Texas Administrative Code, Title 43, Section 15.55(d), this Local Government requests waiver of the local match fund participation requirement on the above referenced federal off-system bridge program project referred to as the "participation-waived" project. In return for waiver of this participation, it is proposed that our governing body perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridge(s) or deficient main1ane cross-drainage structure(s), referred to as "equivalent-match project(s)", within the jurisdiction of our governing body. A copy of the appropriate required resolution adopted by our go body is attached. . ( (,r.2. -4) (, Tom Reid Mayor Attachment: Resolution ****************************************************************************** For TxDOT Use Only Waiver Approved Waiver Disapproved District Engineer 3519 LIBERTY DRIVE. PEARL AND, TEXAS 77581-5416.281-652-1600. www.ci.pearland.tx.us a Printed on Recycled Paper