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R2002-0155 09-23-02 RESOLUTION NO. R2002-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY'S PARTICIPATION IN A FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE MYKAWA ROAD AND BRIDGE PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement by and between the City of Pearland and the Texas Department of Transportation, 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 agreement with the Texas Department of Transportation for the City's participation in the costs associated with a funding agreement with the Texas Department of Transportation for the Mykawa Road and Bridge Project. PASSED, APPROVED and ADOPTED this the A.D., 2002. 23 day of September , TOM REID MAYOR ATTEST:  Jl(JyN G~I~I(~ ~' // SECRETARY/ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Brazoria County CSJ 0912-31-105 CS: Mykawa Road from Beltway 8 to 0.2 Miles South of McHard Road .. in Pearland- - .. ' CSJ 0912-3'i-106 ' CS: Mykawa Bridge at Hickory Slough Harris County CSJ 0912-71-619 CS: Mykawa from Brazoria County Line to BW 8 THE STATE OF TEXAS § THE COUNTY OF TRAVlS § AMENDMENT ONE TO THE AGREEMENT (SURFACE TRANSPORTATION PROGRAM - METROPOLITAN MOBILITY REHABILITATION) 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 of Pearland, Texas, hereinafter called the "City." WHEREAS, the State and the City executed an agreement on the 18th day of December 1998 concerning two phases of construction on Mykawa Road, the first phase consisting of the widening and replacement of the Hickory Slough bridge and the second phase consisting of widening and reconstructing Mykawa from McHard Road to BW 8; and WHEREAS, the construction cost for the phase one of the Project has increased significantly from the original projec! estimate; and WHEREAS, on the 19th day of May 2000 the Metropolitan Planning Organization Passed Amendment 84 to the 2000-2002 Transportation Improvement Program, which is attached to this amendment as Exhibit F, that increases the Federal funds available for phase one of the project. NOW THEREFORE, it is agreed to amend certain segments of the Mykawa Road Project funding agreement as follows: 7/15/02 1. Exhibit E of the Agreement is Voided and replaced with the document attached to Amendment No. 1 to the Agreement and labeled "Exhibit E." 2. 'Exhibit F is added to the Agreement in .the. form. of the document .- attached to · Amendment'N°..1 to the agreement and labeled "Exhibit F." .-.. 3. Paragraphs A and B of Section 5 of the Agreement are 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 $5,915,487. 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 $4,732,389.69. The City will be responsible for any non-Federal participation costs associated with the Project. All other terms and conditions of the contract are unchanged and remain in full force and effect. 7/15/02 2 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. 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: Jennifer D. Soldano, Director Contract Services Office Date: 7/15/02 3 CITY OF PEARLAND ATTEST/SEAL: CITY OF PEARLAND Signed by: City Secretary City Manager Date of Execution APPROVED AS TO FORM: City Attorney 7/15/02 4 2000-2002 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT District: _Houston T~pe of Amendme. nt: A~dministrati~e. Program: CMAQ STP X Highway: CS TIP Number: Limits: On Mykawa Road at Hickory Slough · TPC X STIP Revisioh OTHER TRANSIT _ CSJ: 0912-31-106 Type of Work:~ Requested Amendment: " Increase the estimated cost from $700,000 to $1,300,000 and delay.the project from Fiscal Year 2000 to Fiscal Year 2001 as shown in the table below. FY 2001 ~ ~ATION DISTRICT LOCATION (FROM) COUNTY LOCATION (TO) CiTY DESCRIPTION OF WORK COMMENTS HOUSTON FORT BElqD OTHER Comment: 2000-2002 TIP Amendment Number: Approved By: cs ON MYKAWA ROAD AT HICKORY SLOUGH ~PLACE 1998-200~ Tl~ AMElqDMEIqT # ~ 1 COST 1 APPN CAT 2 COST 2 APPN CAT 3 COST 3 APPN C. AT 4 COST 4 $0 $0 4C STP-METRO 84 FEDERAL STATE LOCAL LCL CONTRIB TOTAL $0 $o S130~,00o._ PROJ ID LET DATE RVN DATE PHASE 03/2~01 Alan Clark MPO Dkector Houston-Galveston Area C~Ouncil Date Director of District Transportation Planning TxDOT, Houston District Tom Reid Secretary Transportation Policy Council - Date EXHIBIT E PAGE 1 OF 2 PAGE 1 2000-2002 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT 84 HOUSTONrGALVESTON MPO 05/03/00 ORIGINAL ~ NAME OR DESIGNATIO DISTRICT LOCATION (FROM) COUNTY CITY HouSTON FORT BEND OTHEK LOCAl[ON (TO) DESCRIPTION OF WORK COMMENTS ON MYKAWA ROAD AT HICKORY SLOUGH ~PLAC~ BRIDGE $~g-2000 TI~ AMENDIvflD,/T # 125 --------' FY 2000 ~ CAT 1 COST 1 APPN CAT 2 COST 2 APPN CAT 3 COST 3 APPN CAT 4 COST 4 $o $o ~ ~c S-i-p. METKO '~EDERAL STATE LOCAL LCL CONTRIB TOTAL $o s 14o.ooo $o $?oo,~ PROJ ID LET DATE RVN DATE PHASE 03/2OOO ~MENDED DISTRICT COUNTY CITY HOUSTON £ORT BEND O'I'H~ ~NATION LOCATION (FROM) LOCATION (TO) DESCRIFIION OF WORK COMMENTS -----'--- FY 2001 ON MYKAWA ROAD AT HICKORY SLOUGH ~PLAC~ BKID(~ APPN CAT 2 COST 2 APPN CAT 3 COST 3 APPN CAT 4 COST 4 $0 SO $0 4C STP-I~;rTKO -~'EDERAL STA~fE LOGAL LCL CONTRIB TOTAL S260,000 $0 LET DATE RVlq DATE PHASE 03/2001 C.E.R - EXHIBIT E PAGE 2 OF 2 0~000~ 0 000~00 ~ ~0~0~ ~ 0~0~ ~ Z 0 0 ~:.=- 0 N L 0 0~0~0~ 0~0~ Ii II II (.9 o~.a~ C) I! -- I.UUJ O0 -- O0 U~U~ "~Z~ nn . a_(Do II -m- X LI.! Texas Department of Transportation P.O. BOX 1386 ° HOUSTON, TEXAS 77251-1386 · (713) 802-5000 S~ptember 41 2002' CONTACT:CONSULTANT Brazoria County CSJ 0912-31-106 CS: On Mykawa Rd. at Hickory Slough Mr. Alan R. Mueller, Deputy City Manager~ City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Dear Mr. Mueller: The subject roadway project is currently scheduled to let for construction on October 9 or October 10, 2002. Per the terms of the funding agreement between the Texas Department of Transportation (TxDOT) and the City of Pearland (City), TxDOT agreed to notify the City prior to letting, of the amount of funds payable by the City to TxDOT for this project. The .project is funded under the Metro Mobility/Rehabilitation Program with Federal funds participating in 80 percent of the cost of the project cost, up to a maximum Federal cost of $1,040,000.00. The City is responsible for paying for the 20 percent match to the Federal funds and 100 percent of all items in excess of the Federal participation. The attached cost calculation worksheet details the funding responsibilities for the project. The total costs in excess of the Federal participation are $1,003,127.08. Thus, the total owed by the City is $1,003,127.08. Please consider this letter as your notification that an initial payment of $1,003,127.08 is now due and payable to TxDOT for the City's funding participation for this project. This sum is based on the current estimate of costs. Should the actual bid price for the project be higher or lower than the estimated amount, TxDOT will notify the City of an adjustment to the payment amount. An Eaual Opportunity Employer Mr. Alan R. Mueller September 4, 2002. Page 2 We request th~tt you expedite this paymefit. We will be unable to iward a ConstruCtion contract to the low bidder for the project, if We do not haveothe City's financial participation.: Please contact Mr. Mark D. Patterson, P.E., at (713) 802-5506 or Mr. Fawzi Abou-Hossa, P.E., at (713) 802,5515, should you have any questions concerning this matter. Sincerely, ~~ am e,~ ~K e c~b,.e.//F~(~, Director of District Design Houston District FA-H:ha Attachment cc: Mr. Mark D. Patterson, P.E. Mr. Fawzi M. Ab°u-Hossa, P.E. Mr. Al Hague, City Mr. Joe Wertz, City COST CALCULATION WORKSHEET In Pearland for the Replacement of the Hickory Slough Bridge Construction Costs (Road) Construction Costs (Bridge) Water Line Costs Sanitary Sewer Costs SUBTOTAL TxDOT Construction Management Road & Bridge (9.5%) $ TxDOT Construction Management Water & San. (9.5%) $ Contingency (10%) $ Review Cost $ TOTAL $ Federal Participation City Participation CIT¥ FEr) ,'P, Xt, (80%) $ 253,749.93 $1,014,999.72 $ 86,782.18 $ 347,128.72 $ 67,806.00 $ 0.00 $ 21,810.00 $ 0.00 $ 430,148.11 $ 1~362~128.44 .'TOTAL $1,268,749.65 $ 433,910.90 $ 67,806.O0 $ 21,810.00 $1~792~276.55. 54,825.67 $ 219,302.67 $ 274,128.34 14,428.18 $ 0.00 43,014.81 $ 0.00 12,000.00 $ 3,000.00 554~416.77 $1~584~431.1!, $1,040,000.00 $2,138,847.88 -$1,040,000.00 --- $1,098,847.88 $ '14,428.18 $ 43,014.81 $ 15,000.00 $2,138,847.88 $1,003,127.08 (AMOUNT CITY OWES ) $1,098,847.88 (City's Total Cost) $ . 15,000.00 (Review Cost Paid, City overpaid Review Cost Share) $ - 80,720.80 (Water and Sanitary Costs already paid) Texas !e artment of y rans - ortation P.O. BOX 1386 • HOUSTON, TEXAS 77251-1386 • (713) 802-5000 Ttna July 15 2002 3' ff fs' Harris County CSJ 0912-71-619 CS: Mykawa Rd. from BW 8 to the Brazoria C/L Brazoria County CSJ 0912-71-105 CS Mykawa Rd. from the Harris C/L to 0.2 Mi S. of McHard Rd. CSJ 0912-71-106 CS: Mykawa Rd. Bridge Replacement at Hickory Slough Mr Alan Mueller Projects Coordinator City of Pearland 3 519 Liberty Drive Pearland, Texas 77581 Dear Mr. Mueller: CONTACT: core JUL 1 'r ?00 crrY i ANC L, NT Please find attached two original counterparts of a funding agreement for the subject project. This amendment will add additional Federal funds to the Hickory Slough bridge replacement project. The bridge replacement project is currently scheduled for an October 2002 letting to contract. We request that you expedite execution of this amendment. Please contact Mr Mark D. Patterson, P.E at (713) 802-5506 or Mr. Fawzi Abou-Hossa, P E , at (713) 802-5515, should you have any questions or need additional information. Sincerely, SIC-) Pivrtgyp;4(2--• Elvia R. Cardinal, P.E. Director of Consultant Contract Administration Houston District MDP:ha cc Mr. Mark D. Patterson, P.E. w/Attachments Mr Fawzi Abou-Hossa, P.E. An Eaual Onnortunity Emnlnvtr