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HomeMy WebLinkAboutR88-06 02-15-88RESOL!JTIQN NO. R88-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE MAYOR AND EACH COUNCILMEMBER TO EXECUTE, ON BEHALF OF THE CITY, AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE PAYMENT OF THE CITY OF PEARLAND'S SHARE OF COSTS FOR THE IMPROVEMENT OF F.M. 518 WITHIN THE CITY, IN FOUR INSTALLMENTS. WHEREAS, The City of Pearland and the State of Texas through the State Department of Highways and Public Transportation have agreed, by the City's acceptance of Minute Order 84667, for the widening and improvements of F.M. 518 within the city limits of Pearland, that the City shall be responsible for the payment of the sum of Two Million Two Hundred Seventy -Seven Thousand Two Hundred Thirty -One and 55/100 ($2,277,231.55), as the City's share of the costs of such project; and WHEREAS, it is the desire of the City Council to make such payments in four installments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: THAT the Mayor and each Councilmember shall be and are hereby authorized to execute on behalf of the City the attached Agreement with the State, acting by and through the Department of Highways and Public Transportation, for the payment of the City's share of the construction costs for the above said F.M. 518 project, in four installments; and, THAT this Resolution shall be in full force and effect from and after its passage on first and only required reading. PASSED, APPROVED and ADOPTED this the /S- day o A. D., 1988. Mayor ATTEST: City Se6'retary APPROVED AS TO F M K044(7) etc. 976-2-44 etc. Brazoria County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this day of , 1988, by and between the City of Pearland, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of curb, gutter, storm sewer and incidental items within the limits from 1.1 miles east of State Highway No. 35 to 0.2 mile northwest of Galveston County Line on Farm to Market Road No. 518, which is solely the City's responsibility and the City has requested the State to construct "or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction cost of this work is Two Million Two Hundred Seventy Seven Thousand Two Hundred Thirty One and 55/100 Dollars ($2,277,231.55), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 84667, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement, and WHEREAS, the City will pay to the State Five Hundred Sixty Nine Thousand Three Hundred Seven and 89/100 Dollars ($569,307.89), upon execution of the agreement and increments thereafter in the amount of Five Hundred Sixty Nine -1- Thousand Three Hundred Seven and 89/100 Dollars ($569,307.89), three months after execution of the agreement, Five Hundred Sixty Nine Thousand Three Hundred Seven and 89/100 Dollars ($569,307.89), six months after execution of the agreement and Five Hundred Sixty Nine Thousand Three Hundred Seven and 88/100 Dollars ($569,307.88), nine months after execution of the agreement. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Department of Highways and Public Transportation in the amount of Five Hundred Sixty Nine Thousand Three Hundred Seven and 89/100 Dollars ($569,307.89), to be used in paying for the proposed work required by the City in the City of Pearland. It is further understood that the City will pay to the State increments of Five Hundred Sixty Nine Thousand Three Hundred Seven and 89/100 Dollars ($569,307.89), three months after execution of the agreement, Five Hundred Sixty Nine Thousand Three Hundred Seven and 89/100 Dollars ($569,307.89), six months after execution of the agreement and Five Hundred Sixty Nine Thousand Three Hundred Seven and 88/100 Dollars ($569,307.88), nine months after execution of the agreement. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. It is further understood that the City upon the request of the State will forthwith pay to the State additional funds over and above the increment amounts listed herein in the event additional funds are required to make payments for the construction work. In the event the amount as paid is more than the actual cost of the City's share, then the excess amount -2- will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 84667, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF PE D Party of the irs Part By:Q//h2 By: By By: B_y: Mayor Member o Ci y Counc er o1 City Coun 1 M Member of City Council STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved' and authorized by the State Highway and Public Transportation Commission under the authority of Minute Order 82513. -3- Director, Contract Management WHEREAS, in BRAZORIA COUNTY on FARM TO MARKET ROAD 518 from State Highway 35 to 0.2 Miles northwest of the Galveston County Line and from Westminister Street in Pearland east 1.3 miles, a distance of approximately 4.2 miles, the State Department of Highways and Public Transportation is preparing plans for reconstruction; and WHEREAS, the City of Pearland will have certain respon- sibilities in this project; NOW, THEREFORE, the Engineer -Director is directed to tender the following proposal to the City of Pearland: Provided the City will: 1. Furnish all necessary right of way according to policies of the State Department of Highways and Public Transportation with acquisition procedures to be in accordance with appli- cable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide for the adjustment of utilities as may be necessary. 3. Provide for the construction of continuous curb and gutter where none now exist, storm sewers, outfall channels, etc., all as may be necessary for a complete project with the exception of pavement and its support. 4. Assume responsibility for the construction of driveways and sidewalks where none now exist should they be deemed necessary now or in the future and agree to make such installations in accordance with governing policies and regulations of the Department. 5. Provide cross -street intersection improvements as requested by the City. 6. Maintain that portion of the work which is its respon- sibility in accordance with present maintenance agreements, and agree to regulate traffic and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. The State Department of Highways and Public Transportation will: 1. Provide for widening of pavement and its support at an estimated cost of $14,100,000. 2. Maintain that portion of the work which is its respon- sibility in accordance with present maintenance agreement. Minute No. 84667 - Continued Upon acceptance of the provisions of this Order by the appropriate officials of the City of Pearland, the Engineer -Director is directed to proceed with development of plans for reconstruction and after the City has fulfilled its responsibilities, proceed with reconstruction in the most feasible and economical manner, financing the cost with funds previously included in the 4 -Year Letting Schedule of the 10 -Year Project Development Plan and in the 1983-1986 Urban System Program. It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to include their portion of work in the State's construction contract, the Engineer -Director is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Pearland and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Minute No. 84667 June 25, 1986 COPY "EXHIBIT A"