R98-40 05-11-98RESOLUTION NO. R98-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE CONSTRUCTION OF A GRADE SEPARA-
TION AT MAGNOLIA STREET AND THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain agreement for the construction of a grade separation
at Magnolia Street and the Burlington Northern and Santa Fe Railway by and between
the City of Pearland and Texas Department of Transportation, a copy of which is
attached hereto as Exhibit "1" 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, the original of the attached agreement for
and on behalf of the City of Pearland.
PASSED, APPROVED and ADOPTED this the 1].th ,
A.D., 1998.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
__ day of May
TO~"REID
MAYOR
'RECEIVED JUIi 2 6
Texas Department of Transportation
P.O. BOX 1386 · HOUSTON, TEXAS 77251-1386 · (713) 802-5000
June 23, 1998
CONTACT: TCN-CCA
Brazoria County
CSJ 0912-31-901
CS: Magnolia Drive Overpass at
the Balington, Northern and Santa Fe
Railroad in Pearland
Mr. Alan Mueller
Projects Coordinator
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Dear Mr. Mueller:
Please find attached one original fully executed counterpart of a funding agreement for the
subject project. With the approval of this agreement we are ready to begin work on the project as
soon as you have selected a consultant.
We look forward to working with you on this project. If you have any questions or need
additional information, contact Mr. Mark D. Patterson, P.E., at (713) 802-5506.
Tim C. Newton, P.E.
Director of Design
Houston District
MDP:sls
Attachments
cc: Mr. Mark D. Patterson, P.E.
An Equal Opportunity Employer
ORIGINAL
Brazoria County
CSJ 0912-31-901
VA: Magnolia Drive Overpass at the
Burlington, Northern and Santa Fe
Railroad in Pearland
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
AGREEMENT
(CONGESTION MITIGATION AND AIR QUALITY PROGRAM)
THIS AGREEMENT, 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 ofPearland,
Texas, hereina~er called the "City."
WITNESSETH
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA")
codified under Title 23 U.S.C. Section 101 et seq., establishes the National Intermodal
Transportation System that is economically efficient and environmentally sound, provides the
foundation for the nation to compete in the global economy, and will move people and goods in
an energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 133 establishes that Surface Transportation
Programs should be developed and implemented by the State's Transportation Agencies; and
WHEREAS, Title 23 U;S.C. Section 134 establishes that Metropolitan Planning
Organizations ("MPO's") and the State's Transportation Agencies to develop transportation
plans and programs for urbanized areas of the State; and
WHEREAS, the City is a member of the Houston-Galveston Area Council, a Metropolitan
Planning Organization, chartered under the laws of Texas; and
3/25/98 Page 1 of 19
WHEREAS, Title 23 U.S.C. Section 149 establishes the Congestion Mitigation and Air
Quality Improvement Program ("CMAQ") to contribute to attainment of the national ambient air
quality standard to be implemented by the State's Transportation Agencies; and
WHEREAS, Houston is classified as a severe ozone non-attainment area, and the State
must use funds in ozone and carbon monoxide non-attainment areas; and
WHEREAS, the State and the City desire a grade separation on Magnolia Drive at the
Burlington, Northern and Santa Fe Railroad, as shown in "Exhibit A", to be hereinafter identified
as the "Project"; and
WHEREAS, Title 23 U.S.C. Section 120 establishes that the federal share of funding for
Congestion Mitigation and Air Quality Programs will not exceed eighty percent (80%) of the
Project cost; and
WHEREAS, the City has offered to participate in the development and construction of
the Project by providing funding, preparing or having prepared by a consultant the preliminary
engineering, which includes, but is not limited to, environmental documentation and clearances,
public involvement, all necessary and required environmental mitigation; design plans,
specifications, and estimates (PS&E); accomplishing the adjustment of utilities; acquisition of
right of way; and providing other necessary items required by the State; and
WHEREAS, on the 12th day of May, 1997, the Pearland City Council passed Resolution
No. R97-26, attached hereto and identified as "Exhibit B", authorizing the City's participation in the
development of the Project; and
WHEREAS, the State will secure the federal cost share, review the engineering and
PS&E, let the construction contract, provide the construction inspection, and provide other items
as required; and
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WHEREAS, the Project has been approved by the Federal Highway Administration and
the Texas Transportation Commission for inclusion in the 1998-2000 Transportation
Improvement Program, a page of which is attached hereto and identified as "EXHIBIT C."
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as hereina~er
set forth, it is agreed as follows:
1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall terminate
upon completion of the Project or unless terminated or modified as hereinafter provided.
2. SCOPE OF PROJECT
A. The State and the City agree that the scope of the Project shall be limited to the
scope authorized by the Texas Transportation Commission. The scope of the Project
includes preparation of the environmental assessment, right of way maps, property
descriptions, aerial photogrammetry, schematic layout, performing field surveys,
conducting public meetings/hearings, accomplishing adjustment of utilities, preparing
plans, specifications and estimates (PS&E), and any other work necessary to complete
the Project as applicable.
B. The Project will be designated as a METROPOLITAN HIGHWAY for the limited
purpose of constructing the roadway facility; however, any existing city street within the
limits of the Project will not be so designated or incorporated therein.
C. The City will continue to provide maintenance for all City roads within the limits of the
Project until the State's award of the construction contract.
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3. CITY RESPONSIBILITIES
A. The City will prepare or cause to be prepared the Project's preliminary engineering,
environmental documents and design plans necessary for the development of the
Project. Development of the preliminary engineering, environmental documents and
design plans shall include, but not be limited to, preparing the environmental
assessment, right of way mapping, aerial photogrammetry, property descriptions and
schematic layout; performing field surveys; conducting public meetings/hearings; and
plans, specifications, and estimates (PS&E) as applicable.
B. The City shall provide to the State environmental reports to be submitted to the
appropriate regulatory agency(s), and shall provide documentation to the satisfaction of
these regulatory agency(s) that the environmental problems have been remedied. The
State will'not let the construction contract for the Project until all environmental problems
have been remediated.
C. The City shall perform necessary requirements to provide the desired right of way
required for the construction of the Project. The City will comply with and assume the
costs for compliance with all the requirements of Title II and Title III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42
U.S.C.A. Section 4601, et seq., including those provisions relating to incidental expenses
incurred by the property owners. Documentation to support such compliance must be
maintained and must be made available to the State and its representatives for review
and inspection.
D. In the event the right of way is donated to the City, the City will provide all
documentation to the State regarding the value of the acquired property. The State will
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review the City's appraisal of the donated property to determine the fair market value. A
portion of the fair market value of donated right of way will be credited towards the City's
financial share by reducing the total cost of the Project for all participants. The State will
not reimburse the City any funds in the event the right of way was purchased before
FHWA approval and the fair market value of the donated property exceeds the City's
financial share towards the Project.
E. The City shall prepare right of way plat(s), property descriptions and other data as
needed to properly describe the right of way which the City is to acquire and provide for
the Project. The right of way plat(s) and property descriptions shall be submitted to the
State for approval prior to the City acquiring the necessary right of way. Tracings of the
plat shall be retained by the City for its permanent records.
F. The City agrees to make a determination of property values for each right of way
parcel by methods acceptable to the State and to submit to the State's District Office a
tabulation of the values so determined, signed by the appropriate City representative.
Such tabulations shall list the parcel numbers, ownership, acreage and recommended
compensation. Compensation shall be shown in the component parts of land taken,
itemization of improvements taken, damages (if any) and the amounts by which the total
compensation will be reduced if the owner retains improvements. This tabulation shall
be accompanied by an explanation to support the determined values, together with a
copy of information or reports used in arriving at all determined values. The State will
review the data submitted and may base its reimbursement for parcel acquisitions on the
values which are determined by this review.
G. Condemnation proceedings, when applicable, will be initiated at a time selected by
3/25/98 Page 5 of 19
the City and will be the City's responsibility and at its own expense unless otherwise
provided herein. The City will concurrently file condemnation proceedings and a notice
of lis pendens for each case in the name of the State, and in each case so filed the
judgment of the court will decree title to the property condemned to the City.
H. Court costs of Special Commissioners' hearings assessed against the City in
condemnation proceedings and fees incident thereto will be paid by the City.
I. Reimbursement will be made to the City for right of way purchased after the date of
FHWA approval in an amount not to exceed eighty percent (80%) of the cost of the right
of way purchased in accordance with the terms and provisions of this agreement.
Reimbursement will be in the amount not to exceed eighty percent (80%) of the State's
predetermined value of each parcel, or the net cost thereof, whichever is the lesser
amount. In addition, reimbursement will be made to the City for necessary payments to
appraisers, expenses incurred in order to assure good title to property acquired and
costs associated with the relocation of displaced persons or personal property as well as
incidental expenses incurred in conveying the needed right of way to the City.
Reimbursement shall not exceed eighty percent (80%) of such documented costs. If
condemnation is necessary and title is taken as set forth herein under the above section
concerning "condemnation," the participation by the State shall be based on the final
judgment, conditioned upon the State having been notified in writing prior to the filing of
such suit and upon prompt notice being given as to all action taken therein.
J. The City will provide the State with right of way certifications which indicate that all
right of way parcels have been acquired prior to letting a construction contract for the
project or that the acquisition of right of way parcels will have no affect on the
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construction of the project.
K. If the required right of way encroaches upon existing utilities and proposed Project
construction requires the adjustment, removal or relocation of such utility facilities, the
City will establish the necessary utility work in accordance with 43 TAC, Sec. 21.31-
21.51 and notify the affected utility companies of the required work. The City shall be
responsible for all costs associated with the adjustment, removal or relocation of utility
facilities which are owned and operated by the City, and such adjustment, removal or
relocation shall be in accordance with applicable State law, regulations, policies and
procedures.
L. Utility adjustment costs which would be eligible for cost participation by virtue of a
property interest as described in 23 CFR 645.107 (A)(C) will be reimbursable to the City
not to exceed eighty percent (80%) of actual cost. The City will be responsible for the
adjustment, removal or relocation of any utilities which are not eligible for Federal
reimbursement. The adjustment, removal or relocation of these utilities shall be
accomplished per the City's usual policies and procedures regarding private utilities.
The City will be responsible for the preparation of the environmental assessment;
however, the environmental documents will be reviewed and processed by the State.
M. The City will provide the State with utility certifications which indicate that all utilities
have been adjusted prior to letting a construction contract for the project or that the
adjustment of utility facilities will have no affect on construction of the project.
N. The City will be responsible for the assessment, mitigation and remediation of any
environmental problems associated with the development and construction of the
Project. Written certification from the appropriate regulatory agency(s) that any
3/25/98 Page 7 of 19
environmental problems discovered have been remedied will be required by the State.
The State will not let the construction contract for the Project until all known
environmental problems have been remediated. All costs associated with the
remediation of any and all environmental problems shall not be eligible for Federal
reimbursement under this agreement.
O. The engineering and design plans shall be developed in accordance with the latest
edition and revisions of the State's Highway Design Division Operations and Procedures
Manual or the American Association of State Highway and Transportation Official's _A
Policy on Geometric Design of Highways and Streets, federal regulations for conformity
with the Clean Air Act air quality requirements, the EPA-National Pollutant Discharge
Elimination System requirements, and the Texas Manual on Uniform Traffic Control
Devices. In addition, all engineering work shall be prepared using the metric system in
accordance with the Texas Department of Transportation Metrication Guide, unless such
requirement is waived by the Design Division of the Texas Department of Transportation.
Documents prepared for the purpose of public involvement shall be in both the English
and Metric unit systems.
P. The City shall prepare or cause to be prepared all railroad exhibits required for the
project. The railroad exhibits shall be prepared per Texas Department of Transportation
format.
Q. The City must comply with applicable State and federal rules and procedures in
selection of the consultant and the consultant selection procedure must have prior
approval by the Texas Department of Transportation and the Federal Highway
Administration. The State will monitor the City's consultant selection process for
3/25/98 Page 8 of 19
adherence to federal rules and procedures. The consultant selected by the City shall
be subject to the approval of the State. The City must submit a copy of the
consultant's contract to the State for approval prior to the consultant starting work.
The City shall forward to the State a copy of the completed engineering and design
plans for review.
R. Upon completion of the Project, the City will assume responsibility for maintenance of
the completed roadway facility.
STATE RESPONSIBILITIES
A. The State will perform periodic reviews of all engineering work being developed by
the City's consultant. The State will review all engineering and design plans submitted
by the City, process environmental documents, process any railroad agreements and
oversee any necessary public involvement. The State will provide a pavement design for
the project per AASHTO pavement design criteria.
B. The State shall advertise for construction bids, issue bid proposals, receive and
tabulate the bids and award a contract for construction of the Project in accordance with
existing procedures and applicable laws. Any field changes, supplemental agreements
or additional work orders which may become necessary subsequent to the award of the
construction contract shall be subject to the approval of the State.
C. The State will supervise and inspect all work performed by the construction
contractor and will provide such engineering, inspection, and testing services as may be
required to ensure that the construction of the Project is accomplished in accordance
with the approved PS&E. The City will be allowed to review the construction work
provided the review does not interfere with the work being performed by the State's
3/25/98 Page 9 of 19
contractor.
D. Upon completion of the Project, the State will issue to the City a "Notification of
Completion", acknowledging that the Project has been completed. Upon the City's
receipt of the "Notification of Completion", the roadway will be removed from the State
Highway System and will revert under the jurisdiction of the City. The State will provide
one set of reproducible "As Built" plans to the City upon completion of the Project.
FUNDING RESPONSIBILITIES
A. The total estimated costs associated with the construction of the Project, including
construction engineering and testing services, is $1,500,000.
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 is eighty percent (80%) of
the total estimated cost of the Project, which is $1,200,000. The City will be responsible
for any non-federal participation costs associated with the Project.
C. The estimated engineering review cost to be incurred by the Texas Department of
Transportation is $20,000. Upon execution of this agreement, the City will submit a
check or warrant made payable to the "Texas Department of Transportation" in the
amount of $4,000, which amount is based on twenty percent (20%) of the estimated
engineering review cost. These funds will be utilized by the State to review the
engineering documentation, and cover other incidental costs.
D. The City shall make progress payments to the consultant and submit the
completed engineering documents to the State for review and approval. The City shall
retain and submit to the State all cost documentation associated with the
development of the completed engineering documents.
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E. The State shall reimburse the City funds which have been incurred and are
applicable to the federal cost sharing arrangement established herein. The payments
to the City for services rendered will be made monthly based upon the City's approved
monthly progress report and itemized and certified statements (Texas Department of
Transportation Form 132, or an invoice that is acceptable to the State) detailed to
show the names of employees, time worked, actual work performed and actual rates.
Monthly statements should include authorized non-salary expenses with supporting
itemized invoices. The City shall comply with the cost principles established in OMB
Circular A-87, "Cost Principles for State and Local Governments."
F. The itemized and certified statements shall show the total amount earned to the
date of submission and the amount due and payable as of the date of the current
statement. Final payment of any money due should be made to the City after
satisfactory completion of all services and obligations covered in this contract,
including acceptance of work by the State and completion of final audit. Final
payment does not relieve the City of the responsibility of correcting any errors and/or
omissions resulting from negligence.
G. The original Form 132, or an invoice that is acceptable to the State, and four (4)
copies should be submitted directly to the District Office to expedite processing.
Upon receipt and approval of each .statement, the Department shall pay the amount
which is due and payable within thirty (30) days time.
H. Sixty (60) days prior to the date set by the State for receipt of the construction bids,
the State will notify the City to make available any funding required for the construction of
the Project. The City shall remit a check or warrant payable to the "Texas Department of
3/25/98 Page 11 of 19
Transportation" in the amount specified by the State equal to the estimated construction
costs, plus engineering and contingencies costs, plus the City's portion of the State's
review costs and the State's indirect costs as determined per the State's Indirect Cost
Recovery Plan, minus any funds previously submitted by the City, and minus the eighty
percent (80%) federal participation of (; 1,200,000 for the total Project. Payment must
be made within thirty (30) days of receipt of the State's written notification.
I. Overruns of the estimated project cost shall be subject to the approval of the State and
shall be in accordance with the applicable guidelines set by the MPO.
J. The State will perform an audit of all costs associated with the Project. In the event
additional funding is required by the City at anytime during the Project, the City will
provide the funds within thirty (30) days from receipt of the State's written notification. In
the event any funds are due the City, the State will promptly make arrangements to
provide the funds to the City.
INDIRECT COST RECOVERY PLAN
Chapter 2106, Texas Government Code, requires the State to recover indirect costs
based on a percentage of the State's actual direct costs to complete the Project. The
indirect costs will be in accordance with the State's Indirect Cost Recovery Plan and will
be based on the City's funding percentage provided herein. The indirect cost recovery
rate in effect for this project is zero.
OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the City
shall remain the property of the City and all documents prepared by the State shall
3/25/98 Page 12 of 19
remain the property of the State. All data prepared under this agreement shall be made
available to the State without restriction or limitation on their further use.
TERMINATION
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties.
(2) By either party, upon the failure of the other party to fulfill the obligation as set
forth herein.
B. The termination of this agreement shall extinguish all rights, duties, obligations and
liabilities of the State and City under this agreement. If the potential termination of this
agreement is due to the failure of the City to fulfill its contractual obligations as set forth
herein, the State will notify the City that possible breach of contract has occurred. The
City should make every effort to remedy the breach as outlined by the State within a
period mutually agreed upon by both parties.
INDEMNIFICATION
The City acknowledges that while not an agent, servant, or employee of the State, it is
responsible for its own acts and deeds and for those of its agents or employees during
the performance of the work authorized in this contract.
3/25/98
Page 13 of 19
10.
11.
12.
AMENDMENTS
Any changes in the time frame, character, agreement provisions or obligations of the
parties hereto shall be enacted by written amendment executed by both the City and the
State.
LEGAL CONSTRUCTION
. In case one or more of the provisions contained in this agreement shall for any reason
be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
NOTICES
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the
following respective addresses:
State:
Or
city:
Texas Department of Transportation
P.O. Box 1386
Houston, TX 77251-1386
7721 Washington Avenue
Houston, TX 77007
Mr. Alan Mueller
Projects Coordinator
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581-5416
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party hereto may change the above address by
3/25/98 Page 14 of 19
13.
14.
15.
sending written notice of such change to the other in the manner provided herein.
SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the parties hereto and
supersedes any prior understandings or written or oral agreements respecting the within
subject matter.
REMEDIES
Violation or breach of contract terms by the City shall be grounds for termination of the
agreement, and any increased cost arising from the City's default, breach of contract, or
violation of terms shall be paid by the City. This agreement shall not be considered as
specifying the exclusive remedy for any. default, but all remedies existing at law and in
equity may be availed of by either party and shall be cumulative.
INSPECTION OF CITY'S BOOKS AND RECORDS
The State will, for purpose of termination of the agreement prior to completion, examine
the books and records of the City for the purpose of checking the amount of the work
performed by the City at the time of contract termination. The City shall maintain all
books, documents, papers, accounting records and other documentation relating to
costs incurred under this agreement and other documentation relating to costs incurred
under this agreement and shall make such materials available to the State, Federal
Highway Administration (FHWA) or its duly authorized representatives for three (3) years
from the date of final payment under this contract or until impending litigation is resolved.
Additionally, the State, FHWA, and its duly authorized representatives shall have access
to all records of the City which are directly applicable to this agreement for the purpose
of making audits, examinations, excerpts, and transcriptions.
3/25/98 Page 15 of 19
16.
17.
18.
19.
20,
21.
OMB A-128 AUDIT REQUIREMENTS
The City shall comply with the requirements of the Single Audit Act of 1984,P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8,
and 9 of OMB Circular No. A-128.
PROCUREMENT STANDARDS
The City shall adhere to the procurement standards set forth in Title 49 CFR Part 18.36.
PROPERTY MANAGEMENT STANDARDS
The City shall adhere to the property management standards set forth in Title 49 CFR
Part 18.32.
COMPLIANCE WITH LAWS
The City shall comply with all federal, State, and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any court, administration bodies, or
tribunals in any matter affecting the performance of the agreement.
CIVIL RIGHTS COMPLIANCE
The City shall comply with the regulations of the Department of Transportation as they
relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order
11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375
and as supplemented in the Department of Labor regulations (41 CFR 60).
MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
The City shall comply with the "Minority Business Enterprise Program Requirements"
established in 49 CFR Part 23, Subpart D.
3/25/98 Page 16 of 19
22.
DEBARMENT CERTIFICATIONS
The City is prohibited from making any award at any tier to any party which is debarred
or suspended or otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549, Debarment and Suspension. The
City shall require any party to a subcontract or purchase order awarded under this
contract as specified in Title 49 of the Code of Federal Regulation, Part 29, (Debarment
and Suspension) to certify its eligibility to receive federal funds and, when requested by
the State, to furnish a copy of the certification.
3/25/98 Page 17 of 19
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
CITY OF PEARLAND
ATTEST/SEAL:
APPROVED AS TO FORM:
CITY OF PEARLAND
Signed by:
City Manager
Darrin Coker
Interim City Attorney
3/25/98 Page 18 of 19
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission
under the authority of Minute Order No. 100002 and Administrative Circular 26-93 and
superseded by Stand Alone Manual Notice 98-3, for the purpose and effect of activating and/or
carrying out the orders, established policies or work programs heretofore approved by the Texas
Transportation Commission.
By:~~
Lawrence J. Zatopek
Director ,;
General Services Division
Date
3/25/98 Page 19 of 19
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EXHIBIT A
CERTIFICATION
THE STATE OF TEXAS
COUNTIES OF BRAZORI°A & HARRIS
I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certify
that the attached constitutes a true and correct copy of Resolution No. R97-26,
authorizing the City Manager or his designee to submit Three Project Applications to
the Houston-Galveston Area Council for inclusion in the 1998-2000 Transportation
Improvement Plan, for the widening of Dixie Farm Road to four lanes from Beamer
Road to SH 35,~xxtension of Hughes Road to FM 518, and construction of a grade
~)Magno ia
separation ! Street and {he Burlington Northern and Santa Fe Railway; and
allocating 20 % matching funds for the construction of each project; passed and
approved by Cit~ Council on May 12, 1997.
Witness my hand and seal of the City of Pearland, Texas, this 15th day of May,
1997, at Pearland, Texas.
(SEAL)
EXHIBIT B
PAGE 1 OF 3
RESOLUTION NO. R97-26
A RESOLUTION OF THE CITY COUNCIL OF THE CI'FY OF pEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
SUBMIT THREE PROJECT APPLICATIONS TO THE HOUSTON-
GALVESTON AREA COUNCIL FOR INCLUSION IN THE 1998-2000
TRANSPORTATION IMPROVEMENT PLAN, FOR THE WIDENING"OF
DIXIE FARM ROAD TO FOUR LANES FROM REAMER ROAD TO SH 35,
EXTENSION OF HUGHES ROAD TO FM 518, AND-CONSTRUCTION.O_F
AGRADE SEPARATION AT MAGNOLIA STREET AND THE BURLINGTON
NORTHERN AND SANTA FE RAILWAY; AND ALLOCATING 20%
MATCHING FUNDS FOR THE CONSTRUCTION OF EACH PROJECT.
WHEREAS, the existing traffic volume on Dixie Farm Road exceeds capacity,
requiring improvement or construction of expanded lanes; and
WHEREAS, the extension of Hughes/Centennial Road will provide an alternate
north/south corridor from Pearland to Beltway 8, and will alleviate non-residential
traffic through Green Tee subdivision; and
WHEREAS, the construction of a grade separation at Magnolia Street will
provide an alternate route for residents south of FM 518, by-passing train traffic, and
decreasing emergency response time; now, therefore,
BE IT RESOLVED. BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Manager or his designee is hereby authorized to
submit three project applications to the Houston-Galveston Area Council for inclusion
in the 1998 Transportation Improvement Program for the widening of Dixie Farm Road
to four lanes from Beamer Road to SH 35, extension of Hughes Road to FM 51 8, and
construction of a grade separation at Magnolia Street and the Burlington Northern and
Santa Fe Railway.
EXHIBIT B
,PAGE2OF3
RESOLUTION NO. R97-2:
Section 2. That the City's share of the local match, which is 20%, is hereby
allocated from the Road and Bridge Capital Fund.
PASSED, APPROVED and ADOPTED this the ~,~..~.~day o(~/"~
A.D.,1997.
TOM REID
MAYOR
ATTEST:
E OR ARY .
APPR?ED AS TO FORtM: j .
k/
AMv MCTES McCULLOL~H
CITY ATTORNEY
2
EXHIBIT B
PAGE 3 OF 3
District
County
City
0912-00-971
HOUSTON
OTHER
0912-31-804
HOUSTON
BKAZORIA
OTHER
0912-31-913 -
HOUSTON
BRAZORIA
]2-37J)10
/
HOUSTON
MONFC~MBRY
0912-71-922
HOUSTON
OTHI~
0912-71-923
HOUSTON
HARRIS
OTHER
091241-924
HOUSTON
OTHER
091241-926
HOUSTON
!
OTHER
Location (From)
Locaaon (to)
Desaiption of Work
VA
VAI~OU$
F7 99 REGIONAL COMMUTE ALTERNATIVE PROGRAM
MOVE S34 I J S0 FROM STATE CDST TO LOCAL cost
VA
VARIOUS
YRANSPORTATION .IMPRO~ PROGP4,M
HOUSTON DISTP. I.CF
HOUSTON-GALVESTON
APPN CAT ! CX~T 1
APPNCAT2 COST2
APPNCAT3 COST3
APPNCAT4 CX)ST4
Fund~C,~
CUAQ
PHASE I: CONDUCF PE FOR BRAZORIA (3OUNTY TRANS[
VA
MAGNOLIA DRIVE ~ BRSF RR
CUAQ
CONSTRUCT GRADE SEPARATION AT RR TRACI
VA
VARIOUS
C~AQ
FY 99-PROVIDE 6 ADDITIONAL BUSES TO SERVE RESEA
VA
VARIOUS LOCATIONS
O/,AQ
DOWNTOWN C]RCULATION STUDY
VA
VARIOUS
CUAQ
~ A/C UNITS FOR COOUNG MULTIPLE BUSES
$0
$0
$0
CUAQ
$62,S00
$0
$0
S0
C~AQ
S1.500,000
S0
S0
S0
Ct/,AQ
S6(}0.000
S0
$0
$0
C~tAQ
$110,000
$0
$0
$0
C'MAQ
$ i,500.000
$0
$0
$0
CMAQ
VA
VARIOUS
FY 99 NEW SHUTTLE SERVICE FOR EMPLOYEES/VISITOR
clv~Q
$2,8S0,000
$0
$0
S0
CMAQ
VA
VARIOUS
CONDUCT TRAFFIC ENGINEERING STUDY TO UPDATE E
CMAQ
$56~50
S0
S0
$0
Houston-Galveston Area Council
;~R2 2~7
Fcda-al
Leczl
l.e~lCoz~'b
Total
Sl,367,000 960109A-XX
SO 99/O8
$341,750 12/1997
so C.E,R
$1_..708,750
$50,000 T96004A
$0 98/O9
nLsoo o9n997
$0 E
$62~00 ·
$1.200.000 960455-XX
'$0 OO/O8
$300.000 09/I~Y/
~o ~
$i.soo,ooo
$480,000 T96051-XX
$120,000 99/O8
$0 09/1997
$6OO.OOO
$88,000 960803-XX
$0 09/1997
$0 E
$110.000
$1~200,000 T960761-XX
$0 OO/O8
$300.000 09//1997
$o C.F~R
$1.500,000
$2~80.000 T96099
$0 99/O8
$570,000 09/1997
$o C.E.R
$2.8S0.000
$45,000 960456-XX
$0 98/O9
$11;-50 09/1997
$0 E
$56~250
December 19. 1997
EXHIBIT C