R2018-014 2018-01-22RESOLUTION NO. R2018-14
A Resolution of the City Council of the City of Pearland, Texas, authorizing an
Interlocal Agreement between the City and Texas Department of
Transportation ("TxDOT"), in the estimated amount of $ 4,500.00 for materials
testing services associated with the Max Road Expansion Project (Hughes
Ranch Road to Reid Road).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Intelocal Agreement between the City and TxDOT associated
with the Max Road Expansion Project (Hughes Ranch Road to Reid Road) attached hereto as
Exhibit "A" is hereby approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Intelocal Agreement with TxDOT associated with the Max Road
Expansion Project (Hughes Ranch Road to Reid Road).
PASSED, APPROVED and ADOPTED this the 22nd day of January, A.D., 2018.
ATTEST:
APPROVED AS TO FORM:
DARRI M. COKER
CITY ATTORNEY
,J„
TOM REID
MAYOR
Resolution No. R2018-14
Exhibit "A"
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
INTERLOCAL AGREEMENT
THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791.
I. CONTRACTING PARTIES:
The Texas Department of Transportation TxDOT
City of Pearland Local Government
II. PURPOSE: Perform material inspection and testing services.
III. STATEMENT OF SERVICES TO BE PERFORMED: TxDOT will undertake and carry out services
described in Attachment A, Scope of Services.
IV. CONTRACT PAYMENT: The total amount of this contract shall not exceed $4,500.00 and shall conform to
the provisions of Attachment B, Budget. Payments shall be billed monthly.
V. TERM OF CONTRACT: This contract begins when fully executed by both parties and terminates on
XX/XX/20XX or when otherwise terminated as provided in this Agreement.
VI. LEGAL AUTHORITY:
THE PARTIES certify that the services provided under this contract are services that are properly within the
legal authority of the Contracting Parties.
The governing body, by resolution or ordinance, dated , has authorized the Local
Government to obtain the services described in Attachment A.
This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget,
Attachment C, General Terms and Conditions, Attachment D, Resolution or Ordinance and Attachment E,
Location Map Showing Project.
By Date
Title
AUTHORIZED SIGNATURE
FOR 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 Date
Kenneth Stewart
Director of Contract Services
Interlocal—Interlocal TxDOT
Page 1 of 1 Revised 05/31/2017
ATTACHMENT A
Scope of Services
The Texas Department of Transportation (TxDOT) agrees to perform material inspection and testing services as
requested by the Local Government, and subject to the terms set forth below. Material inspection and testing
services to be performed by TxDOT consists of the following:
• Various inspected materials fabricated off-site (structural steel bridge components, pre -cast concrete
stressed/non-stressed products, and miscellaneous fabricated products).
• Other materials inspection and testing as agreed upon in writing by TxDOT and the Local Government.
Inspections will be performed in compliance with the specifications and instructions supplied by the Local
Government and are subject to the terms and conditions described below. Written inspection or test reports
will be provided to the Local Government in accordance with TxDOT's existing policies as inspection and
testing services are performed by TxDOT.
Prior to the commencement of material inspection and testing services, the Local Government shall provide
TxDOT with a single point of contact for this scope of services. TxDOT will direct all invoices, test reports,
questions and other issues to this point of contact. The Local Government shall provide an email address to
which invoices will be sent. The Local Government shall provide written notification of a change to the point of
contact.
INSPECTED MATERIALS
The Local Government will provide TxDOT a list of the materials requiring inspection. Estimated quantities of
each material will also be provided. The types of products and the extent of the inspections will be as agreed
upon prior to commencement of any inspections. The level of inspection and documentation furnished for
Local Government inspections will be as provided for typical TxDOT projects.
TxDOT will only perform inspection services for the Local Government at structural steel fabrication plants,
commercial precast prestressed and non-stressed concrete products plants, and other miscellaneous
fabrication plants where TxDOT routinely provides such inspection and testing services for its own highway
materials or for others. Out-of-state inspections for Local Government will be performed only when TxDOT has
employees scheduled to conduct inspections for TxDOT projects at the requested locations, unless agreed
upon otherwise. All out-of-state inspections will require reimbursement of the additional costs for travel
(airfare, lodging, per diem, vehicle rentals, and other miscellaneous costs). Reimbursement will be requested
through invoices from TxDOT.
TxDOT reserves the right to prioritize or reschedule any inspection and testing services according to the
following:
• Inspection and testing services may be cancelled or deferred due to unavailability of TxDOT personnel
to perform the necessary inspection
• Inspections for the Local Government will be given lower priority than inspections performed by TxDOT
for TxDOT projects
• Inspections for the Local Government may be rescheduled to coincide with the inspection of products
for TxDOT projects.
The Local Government and its fabricators will abide by the Nonconformance Report (NCR) process utilized by
TxDOT for disposition of products that do not meet the requirements of the Local Government's specifications
provided.
Interlocal—Interlocal_TxDOT
Page 1 of 2 Attachment A
WORK REQUESTS
A minimum of two (2) weeks prior to TxDOT performing any inspections, the Local Government will submit
Work Requests to TxDOT. Submit one Work Request per Fabricator and include the following:
• Project information (i.e. contract number, CSJ, etc.)
• Work description
• Type and estimated quantity of material(s) to be inspected
• Fabricator information (Name, contact person, phone number, physical location)
• Desired date of inspection
• Name, title, signature, and telephone number of the Local Government's authorized representative.
• Specification Item or Special Specification to be used for inspection
• List of the Local Government's amendments to Specification Item
• Local Governments Special Specifications
• Complete set of necessary design drawings, material specifications, and shop drawing files in Adobe
.pdf format to perform inspection of the material.
Incomplete Work Requests will not be accepted. E-mail completed Work Requests, with attachments, as an
Adobe .pdf format to CST_Structuralcorrespondence@txdot.gov and include "Work Request" in the subject
line.
TEST REPORTS
TxDOT will send test reports and pertinent information to the Local Government's designated point of contact
for services performed as attachments to invoices for services.
Interlocal—I nterlocal_TxDOT
Page 2 of 2 Attachment A
ATTACHMENT B
Texas Department of Transportation Inspection & Testing Rates
TxDOT will only perform inspection and testing services outlined in Attachment A.
Charges will be based on rates in effect at the time inspection and testing services are performed.
Current Inspection and Testing Rates are published at
http://ftp.dot.state.tx.us/pub/txdot-info/cst/inspection testing.pdf
Invoices will be sent to the Local Government on a monthly basis. Payments are due within 30 days of date of
invoice and will be mailed to the following address:
Texas Department of Transportation
P. O. Box 149001
Austin, Texas 78714-9001
Interlocal—I nterlocal_TxDOT
Page 1 of 1 Attachment B
ATTACHMENT C
General Terms and Conditions
Article 1. Amendments
This contract may only be amended by written agreement executed by both parties before the
contract is terminated.
Article 2. Conflicts Between Agreements
If the terms of this contract conflict with the terms of any other contract between the parties, the most
recent contract shall prevail.
Article 3. Disputes
TxDOT shall be responsible for the settlement of all contractual and administrative issues arising out
of procurements entered in support of contract services.
Article 4. Ownership of Equipment
Except to the extent that a specific provision of this contract states to the contrary, all equipment
purchased by TxDOT under this contract shall be owned by TxDOT.
Article 5. Termination
This contract terminates at the end of the contract term, when all services and obligations contained
in this contract have been satisfactorily completed, by mutual written agreement, or 30 days after
either party gives notice to the other party, whichever occurs first.
Article 6. Gratuities
Any person who is doing business with or who reasonably speaking may do business with TxDOT
under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT.
Article 7. Responsibilities of the Parties
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party
is responsible for its own acts and deeds and for those of its agents, servants, or employees.
Article 8. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and
regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreement.
Article 9. State Auditor's Provision
The state auditor may conduct an audit or investigation of any entity receiving funds from TxDOT
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
Article 10. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
Interlocal—Interlocal_TxDOT
Page 1 of 2 Attachment C
Article 11. Notices
All notices to either party shall be delivered personally or sent by certified U.S. mail, postage prepaid,
addressed to that party at the following address:
All notices shall be deemed given on the date delivered in person or deposited in the mail. Either
party may change the above address by sending written notice of the change to the other party.
Either party may request in writing that notices shall be delivered personally or by certified U.S. mail,
and that request shall be carried out by the other party.
Interlocal—I nterlocal_TxDOT
Page 2 of 2 Attachment C
1 City of Pearland
Local Government:
3519 Liberty Drive
Pearland, TX 77581
TxDOT:
Texas Department of Transportation
Attention: Director, Contract Services
125 East 11th Street
Austin, TX 78701-2483
All notices shall be deemed given on the date delivered in person or deposited in the mail. Either
party may change the above address by sending written notice of the change to the other party.
Either party may request in writing that notices shall be delivered personally or by certified U.S. mail,
and that request shall be carried out by the other party.
Interlocal—I nterlocal_TxDOT
Page 2 of 2 Attachment C
Interlocal—InterlocalTxDOT
ATTACHMENT D
Resolution or Ordinance
Page 1 of 1 Attachment D
ATTACHMENT E
Location Maps Showing Project
I nterloca I—I nterloca I_TxDOT
Page 1 of 1 Attachment E
46-8ILF7003
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
INTERLOCAL AGREEMENT
THIS CONTRACT is entered into by the Contracting Parties under Govemment Code, Chapter 791.
I. CONTRACTING PARTIES:
The Texas Department of Transportation TxDOT
City of Pearland Local Government
11. PURPOSE: Perform material inspection and testing services.
III. STATEMENT OF SERVICES TO BE PERFORMED: TxDOT will undertake and carry out services
described in Attachment A, Scope of Services.
IV. CONTRACT PAYMENT: The total amount of this contract shall not exceed $4,500.00 and shall conform to
the provisions of Attachment B, Budget. Payments shall be billed monthly.
V. TERM OF CONTRACT: This contract begins when fully executed by both parties and terminates on
12/31/2018 or when otherwise terminated as provided in this Agreement.
VI. LEGAL AUTHORITY:
THE PARTIES certify that the services provided under this contract are services that are properly within the
legal authority of the Contracting Parties.
The governing body, by resolution or ordinance, dated
Government to obtain the services described in Attach, ent A.
otS , has authorized the Local
This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget,
Attachment C, General Terms and Conditions, Attachment D, Resolution or Ordinance and Attachment E,
Location Map Showing Project.
CITY OF PEARLAND
By
AUYbIORIZE SIGNATURE
stay Te4-45,0/11
Title 6///-1—mdita, zf
FOR THE STATEF TEXAS
Date
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,, th 'zed b e T as Transportation Commission.
By /.05* 4..
eth Stew
Director of Co
Interlocal—interlocal TxDOT
Date 3,,7/7J/i
Page 1 of 1 Revised 05/31/2017
46-81LF7003
ATTACHMENT A
Scope of Services
The Texas Department of Transportation (TxDOT) agrees to perform material inspection and testing services as
requested by the Local Govemment, and subject to the terms set forth below. Material inspection and testing
services to be performed by TxDOT consists of the following:
• Various inspected materials fabricated off-site (structural steel bridge components, pre -cast concrete
stressed/non-stressed products, and miscellaneous fabricated products).
• Other materials inspection and testing as agreed upon in writing by TxDOT and the Local Government.
Inspections will be performed in compliance with the specifications and instructions supplied by the Local
Government and are subject to the terms and conditions described below. Written inspection or test reports
will be provided to the Local Government in accordance with TxDOT's existing policies as inspection and
testing services are performed by TxDOT.
Prior to the commencement of material inspection and testing services, the Local Govemment shall provide
TxDOT with a single point of contact for this scope of services. TxDOT will direct all invoices, test reports,
questions and other issues to this point of contact. The Local Government shall provide an email address to
which invoices will be sent. The Local Government shall provide written notification of a change to the point of
contact.
INSPECTED MATERIALS
The Local Government will provide TxDOT a list of the materials requiring inspection. Estimated quantities of
each material will also be provided. The types of products and the extent of the inspections will be as agreed
upon prior to commencement of any inspections. The level of inspection and documentation furnished for
Local Government inspections will be as provided for typical TxDOT projects.
TxDOT will only perform inspection services for the Local Government at structural steel fabrication plants,
commercial precast prestressed and non-stressed concrete products plants, and other miscellaneous
fabrication plants where TxDOT routinely provides such inspection and testing services for its own highway
materials or for others. Out-of-state inspections for Local Government will be performed only when TxDOT has
employees scheduled to conduct inspections for TxDOT projects at the requested locations, unless agreed
upon otherwise. All out-of-state inspections will require reimbursement of the additional costs for travel
(airfare, lodging, per diem, vehicle rentals, and other miscellaneous costs). Reimbursement will be requested
through invoices from TxDOT.
TxDOT reserves the right to prioritize or reschedule any inspection and testing services according to the
following:
• Inspection and testing services may be cancelled or deferred due to unavailability of TxDOT personnel
to perform the necessary inspection
• Inspections for the Local Govemment will be given lower priority than inspections performed by TxDOT
for TxDOT projects
• Inspections for the Local Government may be rescheduled to coincide with the inspection of products
for TxDOT projects.
The Local Government and its fabricators will abide by the Nonconformance Report (NCR) process utilized by
TxDOT for disposition of products that do not meet the requirements of the Local Govemment's specifications
provided.
Interlocal—I nterlocal_TxDOT
Page 1 of 2 Attachment A
Tv- VILI 1 LIIJJ
WORK REQUESTS
A minimum of two (2) weeks prior to TxDOT performing any inspections, the Local Government will submit
Work Requests to TxDOT. Submit one Work Request per Fabricator and include the following:
• Project information (i.e. contract number, CSJ, etc.)
• Work description
• Type and estimated quantity of material(s) to be inspected
• Fabricator information (Name, contact person, phone number, physical location)
• Desired date of inspection
• Name, title, signature, and telephone number of the Local Government's authorized representative.
• Specification Item or Special Specification to be used for inspection
• List of the Local Government's amendments to Specification Item
• Local Governments Special Specifications
• Complete set of necessary design drawings, material specifications, and shop drawing files in Adobe
.pdf format to perform inspection of the material.
Incomplete Work Requests will not be accepted. E-mail completed Work Requests, with attachments, as an
Adobe .pdf format to CST_Structuralcorrespondence@txdot.gov and include "Work Request" in the subject
line.
TEST REPORTS
TxDOT will send test reports and pertinent information to the Local Government's designated point of contact
for services performed as attachments to invoices for services.
Interlocal—Interlocal TxDOT
Page 2 of 2 Attachment A
46-8ILF7003
ATTACHMENT B
Texas Department of Transportation Inspection & Testing Rates
TxDOT will only perform inspection and testing services outlined in Attachment A.
Charges will be based on rates in effect at the time inspection and testing services are performed.
Current inspection and Testing Rates are published at
http://fto.dot.state.tx.us/pub/txdot-info/cstrnspection testino.pdf
Invoices will be sent to the Local Government on a monthly basis. Payments are due within 30 days of date of
invoice and will be mailed to the following address:
Texas Department of Transportation
P. O. Box 149001
Austin, Texas 78714-9001
Interlocal—Interlocal_TxDOT
Page 1 of 1 Attachment B
46-81LF7003
ATTACHMENT C
General Terms and Conditions
Article 1. Amendments
This contract may only be amended by written agreement executed by both parties before the
contract is terminated.
Article 2. Conflicts Between Agreements
If the terms of this contract conflict with the terms of any other contract between the parties, the most
recent contract shall prevail.
Article 3. Disputes
TxDOT shall be responsible for the settlement of all contractual and administrative issues arising out
of procurements entered in support of contract services.
Article 4. Ownership of Equipment
Except to the extent that a specific provision of this contract states to the contrary, all equipment
purchased by TxDOT under this contract shall be owned by TxDOT.
Article 5. Termination
This contract terminates at the end of the contract term, when all services and obligations contained
in this contract have been satisfactorily completed, by mutual written agreement, or 30 days after
either party gives notice to the other party, whichever occurs first.
Article 6. Gratuities
Any person who is doing business with or who reasonably speaking may do business with TxDOT
under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT.
Article 7. Responsibilities of the Parties
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party
is responsible for its own acts and deeds and for those of its agents, servants, or employees.
Article 8. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and
regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreement.
Article 9. State Auditor's Provision
The state auditor may conduct an audit or investigation of any entity receiving funds from TxDOT
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
Article 10. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
Interlocal—Interlocal TxDOT
Page 1 of 2 Attachment C
46-8ILF7003
Article 11. Notices
All notices to either party shall be delivered personally or sent by certified U.S. mail, postage prepaid,
addressed to that party at the following address:
Local Government:
TxDOT:
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Texas Department of Transportation
Attention: Director, Contract Services
125 East 11th Street
Austin, TX 78701-2483
All notices shall be deemed given on the date delivered in person or deposited in the mail. Either
party may change the above address by sending written notice of the change to the other party.
Either party may request in writing that notices shall be delivered personally or by certified U.S. mail,
and that request shall be carried out by the other party.
Interlocal -Interlocal TxDOT
Page 2 of 2 Attachment C
Interlocal—I nteriocal_TxDOT
ATTACHMENT D
Resolution or Ordinance
Page 1 of 1 Attachment 0
ATTACHMENT E
Location Maps Showing Project
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Interlocal—lnterlocal TxDOT
Page 1 of 1 Attachment E
46-8ILF7003
46-811F7003
RESOLUTION NO. R2018-14
A Resolution of the City Council of the City of Pearland, Texas, authorizing an
Interfocal Agreement between the City and Texas Department of
Transportation ("TxDOT"), in the estimated amount of $ 4,500.00 for materials
testing services associated with the Max Road Expansion Project (Hughes
Ranch Road to Reid Road).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Intelocal Agreement between the City and TxDOT associated
with the Max Road Expansion Project (Hughes Ranch Road to Reid Road) attached hereto as
Exhibit "A" is hereby approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Intelocal Agreement with TxDOT associated with the Max Road
Expansion Project (Hughes Ranch Road to Reid Road).
PASSED, APPROVED and ADOPTED this the 22nd day of January, A.D., 2018.
ATTEST:
NG
Y S:
G
ETARY
RMC
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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