R2007-157 2007-10-08
RESOLUTION NO. R2007 -157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING AN AMENDMENT TO THE ADVANCED FUNDING
AGREEMENT WITH THE STATE OF TEXAS FOR IMPROVEMENTS TO
DIXIE FARM ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Advance Funding Agreement Amendment 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 Amendment with the State
of Texas, for improvements to Dixie Farm Road.
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PASSED, APPROVED and ADOPTED this the 8th day of October, A.D., 2007.
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TOM REID
MAYOR
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit II A"
Resolution No. R2007 -157
07 -0068 T68973
CSJ: 0912-31-108
District #: 12 - Houston
Code Chart 64: 32150
Project: CS: Dixie Farm Road
from SH 35 to 1500
feet south of FM
518 (PH 3)
0912-31-158
CS: Dixie Farm Road
East of Mary's CR
Bypass to Harris
County Line (PH 2)
CSJ:
Project:
CSJ:
Project:
0912-71-744
CS: Dixie Farm Road
from Brazoria/Harris
County Line to
Beamer Road (PH
1 )
THE STATE OF TEXAS ~
THE CITY OF PEARLAND ~
AMENDMENT TWO TO THE AGREEMENT
(HIGH PRIORITY PROJECTS PROGRAM)
THIS 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, Texas, hereinafter called the "City".
WHEREAS, the State and the City executed an agreement on the 15th day of
November 2000 to improve Dixie Farm Road from Beamer to SH 35 in two phases; and
WHEREAS, the State and the City executed an Amendment on the 6th day of July
2006 to expand the scope of the Project; and
WHEREAS, the City desires to further expand the scope of the Project to include the
relocation of existing water lines in the vicinity of the Dixie Farm Road - FM 518
intersection; and
WHEREAS, it has become necessary to amend that contract;
1
9/7/2007
CSJ: 0912-31-108, etc.
District: Houston
Code Chart 64: 32150
Project: CS: Dixie Farm Road
from Harris County
Line to Brazoria
County
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
Description of Amended Items
1. Paragraphs A and B of Section 5 of the Agreement shall be voided in their
entirety and replaced with the following:
A. The total estimated costs associated with the construction of the Project,
including construction engineering and testing services, is $30,266,608.94
B. The State will be responsible to secure the Federal share of funding
required for the construction of the Project. The Federal share for the total
cost, not including the cost of the waterline relocation, is eighty percent
(80%) of the total estimated cost of the Project, which is $23,987,921.60.
The City will be responsible for the total cost of the water line relocation
and for any non-Federal participation costs associated with the Project.
2. Exhibit 0 of the Agreement is voided and replaced with the document attached
to Amendment Number Two to the Agreement and labeled "Exhibit 0-2."
All other terms and conditions of the contract are unchanged and remain in full force
and effect.
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 WITNESS WHEREOF, THE STATE AND THE CITY have executed duplicate
counterparts to effectuate this agreement.
2
9/7/2007
CSJ: 0912-31-108, etc.
District: Houston
Code Chart 64: 32150
Project: CS: Dixie Farm Road
from Harris County
Line to Brazoria
County
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CITY OF PEARLAND
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CITY OF PEARLAND
Signed~
City M~nager, Bill Eisen
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Octnhpr OR, ?On7
Date of Execution
APPROVED AS TO FORM:
(D~ Cd-
City Attorney
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:
nice Mullenix
irector of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date: AJ ~ ~42 / j .;< 0 n7-
3
9/7/2007
ESTIMATED COST BREAKDOWN
Harris County
CSJ 0912-31-108
Dixie Farm Road From SH 35 to 1500 Feet South of FM 518
(Phase 3)
Harris County
CSJ 0912-31-158
Dixie Farm Road East of Mary's County Road Bypass to Harris County Line
(Phase 2)
Brazoria County
CSJ 0912-71-744
Dixie Farm Road From Brazoria/Harris County Line to Beamer Road
(Phase 1)
Total Estimate
Description Cost Federal Participation Local Participation
% Cost % Cost
Construction Cost $ 25,526,938.74 80.00% $ 20,421,550.99 20.00% $ 5,105,387.75
Review Cost $ 150,000.00 80.00% $ 120,000.00 20.00% $ 30,000.00
Subtotal $ 25,676,938.74 80.00% $ 20,541,550.99 20.00% $ 5,135,387.75
Direct State Costs (including plan
review, inspection and oversight) $ 2,807,963.26 80.00% $ 2,246,370.61 20.00% $ 561,592.65
Water Line Relocation $ 253,790.03 0.00% $ - 100.00% $ 253,790.03
Direct State Costs (water line
relocation) $ 27,916.90 0.00% $ - 100.00% $ 27,916.90
-Design $ 1,500,000.00 80.00% $ 1,200,000.00 20.00% $ 300,000.00
IJUTAL $ 30,266,608.94 $ 23,987,921.60 $ 6,278,687.34
- NOTE: Estimated Cost Based on nomination package.
EXHIBIT D-2
e
Texas Department of Transportation
P.O.BOX 1386•HOUSTON,TEXAS 77251-1386•(713) 802-5000
July 17,2007
CONTACT:SHAE
Project: STP 2001(251)MM
Control: 0912-31-158
Highway: Dixie Farm Rd.
County: Brazoria
Mr.William Eisen
City Manager
City of Pearland
3519 Liberty Drive
Pearland,Texas 77581
RE:Relocate Waterline at FM 518;Amendment to Advanced Funding Agreement
Dear Mr. Eisen:
Please find attached two original counterparts of Amendment Two to the funding agreement for the subject
project. The purpose of amendment two is to include the City of Pearland's request to expand the scope of
the Project to include the relocation of existing water lines in the vicinity of the Dixie Farm Road—FM
518 intersection.
We request that you review this agreement and respond immediately, should you have any comments.
Should you have no comments, we request that you have the agreement executed, and that you return the
agreement to us for execution by the State.
If you have any questions concerning this matter,please do not hesitate to contact Mr. Joel H. Clarke of the
Construction section at (281) 464-5516 or Ms. Darlene Taylor of the Plan Review section at (713) 802-
5864.
Sincere
aatto
U6ec.
Maureen M.Wakeland,P.E.
Q` South Harris Area Engineer
Houston District
JHC
Attachments
cc: Mr.James W.Koch,P.E.
Mr. Charles E. Gaskin,P.E. •
Mr. Joe A. Waring,P.E.
Mr. Joel H. Clarke
An Equal Opportunity Employer
Texas Department of Transportation
P.O. BOX 1386• HOUSTON,TEXAS 77251-1386•(713) 802-5000
November 26, 2007
CONTACT:PLAN REVIEW
BY CERTIFIED MAIL P 7007 0710 0005 1338 8628
Brazoria County
CSJ 0912-31-108, etc.
CS: Dixie Farm Road from SH 35 to
1500 feet South of FM 518
Mr. William Eisen
City of Pearland
City Manager
3519 Liberty Drive
Pearland, Texas 77581
Mr. Eisen:
Please fmd attached one fully executed original counterpart of the Advance Funding Agreement
for the subject project. We request that you retain this agreement in your permanent records.
If you should have any questions concerning this matter, please contact Mr. Joel Clarke, South
Harris Area Office at (281) 464-5500 or Ms. Darlene D. Taylor of the Plan Review section at
(713) 802-5864.
Sincerely,
y2,t1p99---
6'- Raj K. Syal, P.E.
Director of Plan Review
Houston District
DDT
Attachments
cc: Mr. Gabriel Y. Johnson, P.E.
Mr. James W. Koch, P.E.
Mr. David E. Williams
Mr. Joel Clarke
Ms. Darlene Taylor
An Equal Opportunity Employer