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R2000-119 10-23-00RESOLUTION NO. R2000-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE RELOCATION OF EXISTING CITY UTILITIES FOR THEIR ATTACHMENT TO THE NEWLY CONSTRUCTED BRIDGE OVER HICKORY SLOUGH. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain funding 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 the funding agreement with the Texas Department of Transportation for the relocation of existing City utilities for their attachment to the newly constructed bridge over Hickory Slough. PASSED, APPROVED and ADOPTED this the 23 day of October A.D., 2000. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2000-119 Brazoria County CSJ 0912-31-106 CS: On Mykawa Road at Hickory Slough Mykawa Road from Beltway 8 to 0.2 miles S. of McHard Road in Pearland (Phase 1: Bridge Replacement over Hickory Slough) ADVANCE FUNDING AGREEMENT FOR SURFACE TRANSPORTATION PROGRAM - METROPOLITAN MOBILITY REHABILITATION THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Pearland acting by and through its designated officials, hereinafter called the Outside Entity. WITNESSETH WHEREAS, Transportation Code § 201 et.seq, and Transportation Code § 221.001 authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, 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; and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvement by funding that portion of the improvement described as construction of proposed water and sanitary sewer facilities within the project limits, Mykawa Road Bridge Replacement at Hickory Slough, hereinafter called the "Project" as more specifically described in Exhibit "B"; and the authorized participation in the Project is Resolution Number ~00- II ~ ; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; and, 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 hereinafter set forth, the State and the Outside Entity do agree as follows. Page 1 of 5 Brazoria County CSJ 0912-31-106 CS: On Mykawa Road at Hickory Slough Mykawa Road from Beltway 8 to 0.2 miles S. of McHard Road in Pearland (Phase 1: Bridge Replacement over Hickory Slough) AGREEMENT ARTICLE 1. TIME PERIOD COVERED This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Outside Entity will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. ARTICLE 2. PROJECT FUNDING The State will authorize performance of only those Project items of work which the Outside Entity has requested and has agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifie~ those Project items of work that are the responsibility of the Outside Entity and will be carded out and completed by the Outside Entity, at no cost to the State. Texas Government Code, Chapter 2106 requires the State to recover general administrative indirect costs associated with this agreement. The general administrative indirect cost will be calculated based on prevailing rates as determined through the State's Indirect Cost Recovery Program. The general administrative indirect cost rate in effect for this project is zero. ARTICLE 3. TERMINATION This agreement may be terminated by one of the following: A. By mutual written agreement and consent of both parties. B. By either party upon the failure of the other party to fulfill the obligations set forth herein. C. By the State if it determines that performance of the Project is not in the best interests of the State. If the contract is terminated in accordance with the provisions, the Outside Entity will be responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity' up to the time of termination. Page 2 of 5 Brazoria County CSJ 0912-31-106 CS: On Mykawa Road at Hickory Slough Mykawa Road from Beltway 8 to 0.2 miles S. of McHard Road in Pearland (Phase 1: Bridge Replacement over Hickory Slough) ARTICLE 4. RIGHT OF ACCESS If the Outside Entity is the owner of any part of the Project site, the Outside Entity shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Outside Entity will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or be acquired by the State. ARTICLE 5. RESPONSIBILITIES OF THE PARTIES The Outside Entity acknowledges that while it is not an agent, servant, nor 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 on the Project. ARTICLE 6. SOLE AGREEMENT In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the ,local Outside Entity and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. ARTICLE 7. SUCCESSORS AND ASSIGNS The State and the OUtside Entity each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. ARTICLE 8. AMENDMENTS By mutual written consent of the parties, the scope of work and payment provisions of this contract may be amended prior to the expiration of this contract. ARTICLE 9. INTEREST The State will not pay interest on funds provided by the Outside Entity. Funds provided by the Outside Entity will be deposited into, and retained in, the State Treasury. Page 3 of 5 Brazoria County CSJ 0912-31-106 CS: On Mykawa Road at Hickory Slough Mykawa Road from Beltway 8 to 0.2 miles S. of McHard Road in Pearland (Phase 1: Bridge Replacement over Hickory Slough) ARTICLE 10. INSPECTION AND CONDUCT OF WORK Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" adopted by the State and incorporated herein by reference, or special specifications by the State. ARTICLE 11. INCREASED COSTS In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for performance of the Otitside Entity's requested work, the Outside Entity will pay to the State the additional funding necessary to Cover the anticipated additional cost. The State shall send the Outside Entity a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Outside Entity shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Outside Entity. ARTICLE 12. MAINTENANCE Upon completion of the Project, the Outside Entity will maintenance of the completed Project. ARTICLE 13. SIGNATORY WARRANTY assume responsibility for the The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the entity they represent. Page 4 of 5 Brazoria County CSJ 0912-31-106 CS: On Mykawa Road at Hickory Slough Mykawa Road from Beltway 8 to 0.2 miles S. of McHard Road in Pearland (Phase 1: Bridge Replacement over Hickory Slough) IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Certified as being executed 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 under the authority of Minute Order 100002. By District Engineer, Houston District THE OUTSIDE ENTITY Name ofthe Outside Entity ('~i~l ~ ~)co~/Ita,^~ . . Date IV~, Typed or Printed Nme ~d Title ~eO~ C;~ ~h~ X , / For the Outside Entity: For the Texas Department of Transportation: ?'Mr. Gary K. Trietsch, P.E., District Engineer P. O. Box 1386 Houston, Texas 77251-1386 Page 5 of 5 Brazoria County CSJ 0912-31-106 CS: On Mykawa Road at Hickory Slough Mykawa Road from Beltway 8 to 0.2 miles S. of McHard Road in Pearland (Phase 1: Bridge Replacement over Hickory Slough) Attachment A Payment Provision and Work Responsibilities 1. Description of the Cost of the Items of Work The State will be responsible for the relocation of the existing water main, sanitary sewers, and their required appurtenances within the limits of the proposed project. All work shall be in accordance with the State Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, which is incorporated here by reference. Outside Entity shall pay for 100 percent of the cost of relocating the existing utilities and their attachment to the newly constructed bridge. The existing utilities include a 4~inch sanitary sewer force main and a 12-inch water main, together with all appurtenances and connections This cost is estimated to be $80,720.80, which is based on information prepared by the Outside Entity which is shown on Exhibit 1 of Attachment A. The Outside Entity shall be fully responsible to secure the continuation of water and sanitary sewer services to all customers for the complete duration of this project. 2. Schedule of Payment Upon execution of this agreement, the Outside Entity will remit a check or warrant made payable to the Texas Department of Transportation in the amount of $80,720.80 to be used in payment for the proposed work required by the Outside Entity. 3. Actual Cost Agreement The Outside Entity shall be responsible for paying any costs which are in excess of the estimated $80,720.80 within 30 days of notification by the State of any overrun of the actual construction costs. If the actual cost is less than the estimated $80,720.80, a refund will be made by the State to the Outside Entity after a final audit of all costs has been finalized by the Texas Department of Transportation. Page of 1 of 1 EXHIBIT 1 - ATTACHMENT A Brazoria County CSJ 0912-31 - 106 CS: On Mykawa Road at Hickory Slough Mykawa R Road from Beltway 8 to 0.2miles S of McHard (Phase 1: Bridge Replacement over Hickory Slough) Utility Relocation of the existinq 4;inch sanitary sewer force main & 12-inch water line ITEM ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 5235 SAN SEW (TRENCH EXCAVATION) LF 520 $5.00 $2,600.00 5531 4, WELDED STL PIPE(SAN SWR FM) LF 165 $45.00 $7,425.00 5531 4" PVC SAN SWR FM LF 519 $15.00 $7,785.00 5531 AIR RELEASE VALVE EA 1 $500.00 $500.00 5531 UNCASED BORE (4") LF 99 $20.00 $1,980.00 SUBTOTAL SANITARY SEWER RELOCATION $20,290.00 ENGINEERING AND CONTINGENCIES(7%) I $1,420.30 I TOTAL SANITARY SEWER FORCE MAIN RELOCATION $21,710.30 5236 TRENCH EXCAV PROTECTION LF 780 $5.00 $3,900.00 5425 WATER MAIN PIPE (STL) (12 IN) LF 170 $65.00 $11,050.00 5425 WATER MAIN PIPE (PVC) (12 IN) LF 780 $45.00 $35,100.00 5425 FIRE HYDRANT EA 1 $1,700.00 $1,700.00 5425 REMOV AND SAI'V FIRE HYDRANT EA 1 $300.00 $300.00 5425 GATE VALVE (CAST IRON ) (12") EA 2 $1,000.00 $2,000.00 5425 AIR RELEASE&VACUUM RELIEF VALVE(l") EA 1 $500.00 $500.00 5425 GATE VALVE (6") EA 1 $600.00 $600.00 SUBTOTAL WATER LINE RELOCATION $55,150.00 ENGINEERING AND CONTINGENCY(7%) $3,860.50 TOTAL WATER LINE RELOCATION $59.010.50 GRAND TOTAL ESTIMATED CONSTRUCTION COST FOR SANITARY SEWER FORCE MAIN & WATER LINE $80,720.80 Page 1 of 1 V -- V 3NI9 HOIVm b.I ¥ - V 3N~ HOIV~