R2018-128 2018-07-23 RESOLUTION NO. R2018-128
A Resolution of the City Council of the City of Pearland, Texas, approving a
Reimbursement and Maintenance Agreement between the City and the
Pearland Economic Development Corporation; approving and Advanced
Funding Agreement between the City and the Texas Department of
Transportation; authorizing additional expenditures related to a professional
services agreement with Clark Condon and Associates; and awarding a
competitive sealed proposal (including alternates 1, 3, 4 and 5) for the
construction of the SH 35 Gateway and Corridor Enhancements Project, to
Landscape Art, Inc., in the amount of$6,005,480.81.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Reimbursement and Maintenance Agreement by and between
the City of Pearland and the Pearland Economic Development Corporation, a copy of which is
attached hereto as Exhibit"A" and made a part hereof for all purposes, are hereby authorized and
approved.
Section 2. That certain Advanced Funding Agreement by and between the City and the
State of Texas, a copy of which is attached hereto as Exhibit "B" and made a part hereof for all
purposes, is hereby authorized and approved.
Section 3. That the City Council hereby awards the competitive sealed proposal to
Landscape Art, Inc., in the amount of$6,005,480.81.
Section 4. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest the Reimbursement and Maintenance Agreement, Advanced Funding
and construction contract for the construction of the SH 35 Gateway and Corridor Enhancements
Project.
PASSED, APPROVED and ADOPTED this the 23rd day of July, A.D., 2018.
TOM REID
MAYOR
RESOLUTION NO. R2018-128
ATTEST:
NG`r`FIN R C - %\ 'y=
Y S CRETA-Y ............./
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution R2018-128
REIMBURSEMENT AND MAINTENANCE AGREEMENT
SH35 GATEWAY & CORRIDOR ENHANCEMENTS
BELTWAY 8 TO BROADWAY
This Agreement is entered into this 44 day of July, 2018, by and between the CITY OF
PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic Development
Corporation (hereinafter"PEDC").
WHEREAS, the PEDC is a Type B economic development corporation, created
pursuant to Chapter 505 of the Texas Local Government Code, as amended; and
WHEREAS, the City and PEDC, as part of the SH35 Corridor Redevelopment Strategy,
desire the construction of SH35 Gateway and Corridor Enhancements improvements
from Beltway 8 to Broadway (hereinafter"Improvements"); and
WHEREAS, the PEDC has entered into a contract for the design of the Improvements
that are consistent with the Strategy; and
WHEREAS, Section 501.103 of the Texas Local Government Code (hereinafter"Code"),
in pertinent part, defines the term "project" to mean "expenditures that are found by the
board of directors to be required or suitable for infrastructure necessary to promote or
develop new or expanded business enterprises, limited to: (1) streets and roads, rail
spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements; (2) telecommunications and Internet
improvements . . ."; and
WHEREAS, Section 505.303 of the Code, allows for the cost of the project to include the
maintenance and operating costs of the project; and
WHEREAS, the PEDC desires to fund the construction and long term maintenance of the
Improvements; and
WHEREAS, PEDC approved funding the Improvements at its June 28, 2018 Board of
Directors' meeting; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Improvements.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is
hereby agreed as follows:
1. City shall hire a contractor to construct the Improvements shown in Exhibit "A"
attached hereto.
1. City shall hire a contractor to construct the Improvements shown in Exhibit "A"
attached hereto.
2. City has obtained competitive line item bids in accordance with Local Government
Code Chapter 252 for the construction of the Improvements. City shall review the
bids and award a contract to the respondent offering the best value to the City
within ninety (90) days. City reserves the right to reject any and all bids for the
construction of the Improvements. PEDC must approve the bid, and any change
order that exceeds 1% of the bid. Following award of the bid by City, City shall
cause construction of the Improvements to commence on or before November 1,
2018 ("Commencement Date"), and shall cause the Improvements to be
completed in accordance with the plans and specifications within a reasonable
period of time.
3. City shall on a timely basis submit, to the PEDC, invoices submitted to the City by
the contractor selected to construct the Improvements. PEDC shall, within ten (10)
days following receipt of an invoice pursuant to this section, review and approve
the invoice payment for payment to the contractor constructing the Improvements.
4. The estimated construction cost of the Improvements is approximately$6,437,050,
as itemized in, Exhibit "B" hereto attached. PEDC shall fund an amount equal to
the actual cost of the improvements, which shall be paid to City in installments or
a lump sum amount. The timing and amount of the payment shall be determined
at sole discretion of the City, but in no event shall the total payments exceed the
actual cost of the improvements.
5. PEDC agrees to maintain the Improvements, including but not limited to the entry
feature, mowing, trimming, edging, clean up and trash removal, turf and shrub
fertilization, post emergent application, mulching, irrigation system maintenance,
and monthly electrical use, for as long as the Improvements remain in place.
6. The initial term of this Agreement shall be for a period of twelve (12) months,
commencing on the Rq day of July, 2018, and may be renewed as needed until
the Improvements are substantially complete, except that the maintenance
obligations of PEDC shall survive the term of this agreement perpetually.
7. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
8. No assignment by a party hereto of any rights under or interests in this agreement
will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement.
2
9. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
10. Whenever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement is prohibitive or invalid under applicable law, such provision shall
be ineffective to the extent of such provision or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
11. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
12. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
13. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
14. All notices which are required or may be given pursuant to this Agreement shall be
in writing and shall be sufficient if delivered personally or by first class mail, postage
prepaid, return receipt requested, or by a nationally recognized courier, to the
parties and their attorneys at the addresses set out below or such other addresses
as the parties or their attorneys may hereafter notify one another:
If to City: City of Pearland
Attn: Clay Pearson, City Manager
3519 Liberty Drive
Pearland, TX 77581
If to PEDC: Pearland Economic Development Corporation
Attn: Chairman
3519 Liberty Drive, Suite 450
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
3
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas
By: -profit corporation
I K4 '
Brandon Dansby
Chair
CITY OF PEARLAND,
a Texas municipal corporation
By: 1;i
Clay earso ,
City Manage r
ATTEST: ,,„iiii►,,,,
." =�: :'moo-
Y /ng�! L• ng �' i
Sec to ry '- .•••..........` ;.` •
4
EXHIBIT A
"Improvements"
5
City of Pearland, Texas
Pearland SH 35 Beautification
FOR BID
MAY 16, 2018
..
N / Drawing List
11.00 OVERALL PLAN
•
ANS
w+C LOCATION:SH 35 Corridor Between Beltway 8&FM 518
iiiiiek
cI.0 11.n 10 M iNSIonna
C1.0 Ci)FNL MOTES
B C100•UN CAt PWSPRD.L
C50 WATER DEEMS
C30-0.1 STOW WET MASS S STOW MEET DETAAS Ian'O 0022400)
P'' A 0 1 .v .V)P), C2.5 OVALS
OVALS\ \� \ CSO TRAFFIC COMP.PIAN
711.C12 DRIVEWAY DUALS
IACSC
,� T I X A i 61.01 OWING1m1R NOTES PLANS
0
WI.0.23 INOa'APE CCASMUCigI NOTES S DETAU
01.01 ~ACE GATEWAY NDTESAAV 9014400 01250
�Sr. 1 10 01.01 01.0 20010 SEII GATEWAY
WM T0«I°°ETMIA
0102 NSONNNATITIR NDATICRMETALSTION A RS
101.0110 1A001W 5.FOUSIM KITSNlUE1M5111T.41A MEM ELECIMINOTR SNE 1S
E1.1.02 20 MN
PI IE10112
SS
1101.NS0 nECTNIVLONE NSEt5C1ED1EE5
Mol-Sin IRRR',A11001DYON TA
-,.E MI-L..10 PLAKI50 AVMS
LS•NDIFS
A� MAYOR LU0.L121 PI MTNG CELLS/NOTES
� Tom Reid
ivIFISOf
�.aig COUNCIL
111Mayor Pro Tern Derrick Reed
Position 1 Tony Carbone
PROJECT LOCATION Position 3 Gary Moore
Position 4 Keith Ordeneaux
city or Pearland Location Map Position 5 J.David Little
SRN:KT.& Position 6 Trent Perez
Position 7 Woody Owens
PETW IC ASW E Els/E.W 75tt s CITY MANAGER
e5)d::"4"
ClayPearsonDEPUTY MANAGER ASST.CITY MANAGER S1V201E
Jon Branson Trent Epperson eNATTEDI RTE
kW Sade
MA02
Condon
Director of Engineering Director of Pudic Works
Robert Upton,P.E. Eric Wilson DATE
RM.NRrt P.E.CFA
Dorm N E%•••n0
CLARK CONDON C„TE
10101 STELLA 1.110 N0lST
S RD R CN,TE 11033 R T.213511,1414 R CLM00
RC0T11.00N 120.MonL
oma PNR25LP
ICLARK CONDON
noon 11170
1 MP,$06,0117101111
OMR
PEDC
Cal
WEISSER ENGINEERING CO.
1mPM•c...Y11 TOO
wuroaIll r.l
WWII
MINOR DESIGN
MI 14.1,10•11.10
JAMES POLE IRRIGATION
10011..1.110 WEI
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DEC ENGINEERING X01 BECNG301 W
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• SH 35 GATEWAY&
CORRIDOR
PFM.D,TS
OVERALL PIAN
CRAM or SW
41EC1¢D Iv SSE
DATE.01.292010
SCALE I.•1GDQ
a� PROJECT•115461
II
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SHEET
L1.00
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CITY OF PEARLAND PROPOSAL
Section 00300
PROPOSAL FORM
PART B
Project Name Pearland SH 35 Beautification Contract Name:
Project No. EDCI62 Bid No.: 0518-36
Item Number Item Description Unit Quantity Unit Price Total
1.00 GENERAL CONDITIONS LS I
2.00 BONDS LS 1
3.00 CONSTRUCTION PERMITS LS 1
4.00 MOBILIZATION&SITE PREP(NOT TO EXCEED 3%OF TOTAL BID AMOUNT LS 1
5.00 TREE PROTECTION FENCING LF 757
6.00 TREE PLANKING EA 13
7.00 TREE ROOT PRUNE LF 100
8.00 TRAFFIC CONTROL LS 1
9.00 SWPPP-STREET AND INLET PROTECTION LS 1
10.00 EXISTING TREES EA 69
11.00 EXISTING SHRUBS&GROUNDCOVER SF 9,135
12.00 EXISTING IRRIGATION(METERS SHALL REMAIN) SF 8,685
13.00 EXISTING CONCRETE SF 44,042
14.00 EXISTING CONCRETE CURB AT STREET LF 1,613
15.00 EXISTING CONCRETE MOW STRIP LF 2,024
16.00 EXISTING GRASSPAVE SF 937
17.00 EXISTING PEARLAND SIGN&ELECTRICAL LS I
18.00 REMOVE&SALVAGE PAVERS SF 46,457
19.00 REMOVE CONCRETE&BASE SF 46,457
20.00 RELOCATE EXISTING CHAIN LINK FENCE LF 285
21.00 REMOVE EXISTING CHAIN LINK FENCE AT GAS STATION LF 9
22.00 EXISTING TXDOT GUARD RAIL&FOUNDATION LF 72
23.00 MISC.DEMO/SIGN RELOCATION LS 1
24.00 GATEWAY SIGNAGE 24'COMPLETE IN PLACE&OPERATIONAL EA 2
25.00 PLANTERS AT GATEWAY SIGNS EA 2
26.00 GATEWAY SIGNAGE 18'COMPLETE IN PLACE&OPERATIONAL EA 4
27.00 STONE SEATWALL LF 265
28.00 CONCRETE PAVER REPLACEMENT RIVER RED(SALVAGED) SF 32,741
29.00 CONCRETE PAVER(DOME PAVERS RIVER RED) SF 320
30.00 CONCRETE PAVER(DOME PAVERS CHARCOAL) SF 529
31.00 CONCRETE PAVER ANTIQUE RED SF 7,473
32.00 6'X6'PAVER GRATE WITHOUT PAVERS EA 84
33.00 CONCRETE WALK SF 4,580
34.00 CONCRETE FLAT WORK SF 41,063
35.00 CONCRETE CURB LF 3,203
36.00 CONCRETE CURB RAMPS EA 48
37.00 CONCRETE PLANTER WALLS LF 1,339
38.00 CONCRETE EDGE AT PAVER(R.O.W.) LF 1,042
39.00 6"-12"CONCRETE WALL LF 1,452
40.00 12"-24"CONCRETE WALL LF 886
41.00 18"CONCRETE WALL LF 80
42.00 CONCRETE MOW STRIP AT PAVER BAND LF 4,875
43.00 DECORATIVE GRAVEL SF 256
44.00 TXDOT HANDRAIL LF , 80
45.00 UTILITY ADJUSTMENTS LS 1
46.00 FLAG POLE-30'WITH 6'X8'FLAGS&SOLAR LIGHTING EA 3
47.00 PVC PIPE AT OUTFALL EA 12
48.00 JUNCTION BOX EA 2
49.00 "AD"INLET EA 6
50.00 "D"INLET EA 1
51.00 ADJUST EXISTING INLET EA 1
52.00 ADJUST EXISTING MANHOLE EA 1
53.00 24"R.C.P.STORM SEWER LF 222
54.00 18"R.C.P.STORM SEWER LF 86
55.00 EXCAVATION CY 76
56.00 FILL CY 145
57.00 INSTALL CONCRETE DRIVE SF 940
Offeror's Initials:
I 1-2013 00300-Part B
CITY OF PEARLAND PROPOSAL
Item Number Item Description Unit Quantity Unit Price Total
58.00 TOPSOIL FILL IN PLANTERS CY 4,855
59.00 GRADING&DRAINAGE LS 1
60.00 BED DRAINAGE LF 3,357
61.00 ELECTRICAL SERVICE COMPLETE IN PLACE EA 3
62.00 GROUND BOXES,CONDUIT,&WIRING LS 1
63.00 ELECTRICAL BORING LF 615
64.00 EAGLESTON HOLLY-65 GAL. EA 108
65.00 NATCHEZ CRAPE MYRTLE-65 GAL. EA 567
66.00 MUSKOGEE CRAPE MYRTLE-65 GAL. EA 59
67.00 MEXICAN WHITE OAK-65 GAL. EA 5
68.00 LIVE OAK-65 GAL, EA 69
69.00 BALD CYPRESS-65 GAL, EA 26
70.00 CEDAR ELM-65 GAL. EA 4
71.00 BOTTLEBRUSH-3 GAL. EA 2,837
72.00 BUTTERFLY IRIS-3 GAL. EA 2,154
73.00 CARISSA HOLLY-5 GAL. EA 1,881
74.00 PURPLE TRAILING LANTANA-I GAL. EA 3,256
75.00 INDIAN HAWTHORN-3 GAL. EA 1,435
76.00 INDIAN HAWTHORN-5 GAL. EA 351
77.00 KNOCKOUT ROSE-3 GAL. EA 354
78.00 BIG BLUE LIRIOPE- I GAL. EA 1,115
79.00 MONKEY GRASS-1 GAL. EA 176
80.00 ASIAN JASMINE-1 GAL. EA 924
81.00 CAROLINA JESSIMINE-1 GAL. EA 886
82.00 CORAL HONEYSUCKLE-I GAL. EA 364
83.00 FINE GRADE&SOD SF 296,000
84.00 90 DAY MAINTENANCE PERIOD LS I
85.00 IRRIGATION COMPLETE IN PLACE(INCLUDES ALL OTHER SLEEVING) LS 1
86.00 6"BORE&SLEEVE(IRRIGATION&DRAINAGE) LF 6,310
87.00 4"BORE&SLEEVE(IRRIGATION) LF 530
FADD ALTERNATES
1.00 DEMO EXISTING CONCRETE PADS OFFSITE,BACKFILL,&GRADE SF 10,000
1.00 CONCRETE PAVER(RIVER RED) SF 5.000
1.00 HYDROMULCH IN LIEU OF SOLID SOD SF 296,000 •
1.00 I YEAR MAINTENANCE IN LIEU OF 90 DAY MAINTENANCE LS 1
Offeror's Initials:
11-2013 00300-Part B
SH 35 GATEWAY & CORRIDOR ENHANCEMENTS
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EXHIBIT B
Estimated Total Construction Cost
#0518-36 Bid Tabulation
City Contracts:
• Construction Bid - $6,206,761
• Construction Contingency at 3% - $230,289
City Estimate - $6,437,050
PEDC Contracts:
• Construction Phase Services -$95,000
• Materials Testing Lab -$25,000
PEDC Estimate- $120,000
Total Project Estimate - $6,560,000
6
Bid# 0518-36 Addendum 4 Organization Pearland,TX
Title Pearland SH 35 Beautification Bid Creator Julie Blackmore Buyer
The City of Pearland is accepting proposals for the construction and
installation of corridor enhancements on State Highway 35 to include
Description two monument entryways and associated site work and landscaping. Email jblackmore@pearlandtx.gov
Bid Type RCSP-Sealed Phone 281 (652) 1790 x
Overview& Legal Structure 5/23/2018 03:38:26 PM (CT) Fax
Close Date 6/19/2018 10:00:00 AM (CT)
Responding Suppliers
Name City State .Response Submitted Lines Responded Response Total
TEXAS WALL AND
LANDSCAPE, LLC (TEXAS
WALL SYSTEMS, LCC) HOUSTON TX 6/19/2018 09:08:26 AM (CT) 115 $5,677,824.06
Landscape Art, Inc League City TX 6/18/2018 07:52:06 PM (CT) 115 $6,319,302.35
Jerdon Enterprise L.P. STAFFORD .TX 6/19/2018 09:52:26 AM (CT) 115 $6,946,369.46
Response Notes
(Supplier Line I Notes
Please note that we feel the boring quantities and pricing are inaccurate. We feel that there is a significant
under assessment of the costs necessary for boring and sleeving. Addendum#4, Item#3 designates certain
sleeves to be incidental to the lump sum cost. We cannot differentiate the sleeves that would be incidental as
Landscape Art, Inc Header opposed to those that are listed in items 1.86& 1.87.
CSJ# 0178-02-091,etc.
District# HOU
Code Chart 64# 32150
Project Name SH35
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT PROJECTS
WITH NO REQUIRED MATCH
ON-SYSTEM
THIS AGREEMENT is made by and between the State of Texas, acting by and through the
Texas Department of Transportation called the "State", and the City of Pearland, acting by
and through its duly authorized officials, called the "Local Government". The State and Local
Government shall be collectively referred to as "the parties" hereinafter.
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements
to implement its public purposes, and
WHEREAS, Transportation Code, Chapters 201 and 221, 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, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter
221, authorize the State to contract with municipalities and political subdivisions; and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 115112
authorizing the State to undertake and complete a highway improvement generally described as
Landscape Development; and
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding that portion of the improvement described as
construction and maintenance of landscape development project along SH35 (Project);
and
WHEREAS, the State has determined that such participation is in the best interest of the
citizens of the state;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in this
Agreement, it is agreed as follows:
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AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in full force and effect until
the Project has been completed and accepted by all parties or unless terminated as
provided below.
2. Project Funding and Work Responsibilities
A. The State will authorize the performance of only those Project items of work
which the Local Government has requested and has agreed to pay for as
described in Attachment A, 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 also specifies those Project items of work that are the responsibility of the
Local Government and will be carried out and completed by the Local
Government, at no cost to the State.
B. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its financial share for the State's estimated
construction oversight and construction costs.
C. In the event that the State determines that additional funding by the Local
Government is required at any time during the Project, the State will notify the
Local Government in writing. The Local Government shall make payment to the
State within thirty (30) days from receipt of the State's written notification.
D. Whenever funds are paid by the Local Government to the State under this
Agreement, the Local Government shall remit a check or warrant made payable
to the "Texas Department of Transportation" or may use the State's Automated
Clearing House (ACH) system for electronic transfer of funds in accordance with
instructions provided by TxDOT's Finance Division. The funds shall be deposited
and managed by the State and may only be applied by the State to the Project.
3. Right of Access
If the Local Government is the owner of any part of the Project site, the Local
Government shall permit the State or its authorized representative access to the site to
perform any activities required to execute the work.
4. Adjustments Outside the Project Site
The Local Government will provide for all necessary right of way and utility adjustments
needed for performance of the work on sites not owned or to be acquired by the State.
5. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
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Project Name SH35
6. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes,
specifications, contract provision requirements and related documentation in a
Microsoft®Word or similar document. If requested by the State, the Local Government
will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format
required by the State. This requirement applies whether the local government creates
the documents with its own forces or by hiring a consultant or professional provider. At
the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
7. Interest
The State will not pay interest on funds provided by the Local Government. Funds
provided by the Local Government will be deposited into, and retained in, the State
Treasury.
8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, 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 Project 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 in this agreement
by reference, or special specifications approved by the State.
9. Increased Costs
If any existing or future local ordinances, commissioners court orders, rules, policies, or
other directives, including but not limited to outdoor advertising billboards and storm
water drainage facility requirements, are more restrictive than State or Federal
Regulations, or if any other locally proposed changes, including but not limited to plats or
replats, result in increased cost to the department for a highway improvement project,
then any increased costs associated with the ordinances or changes will be paid by the
Local Government. The cost of providing right of way acquired by the State shall mean
the total expenses in acquiring the property interests either through negotiations or
eminent domain proceedings, including but not limited to expenses related to relocation,
removal, and adjustment of eligible utilities.
10. Insurance
If this Agreement authorizes the Local Government or its contractor to perform any work
on State right of way, before beginning work the entity performing the work shall provide
the State with a fully executed copy of the State's Form 1560 Certificate of Insurance
verifying the existence of coverage in the amounts and types specified on the Certificate
of Insurance for all persons and entities working on State right of way. This coverage
shall be maintained until all work on the State right of way is complete. If coverage is not
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District# HOU
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Project Name SH35
maintained, all work on State right of way shall cease immediately, and the State may
recover damages and all costs of completing the work.
11. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads and
locally owned facilities after completion of the work. The State shall be responsible for
maintenance of the State highway system after completion of the work if the work was
on the State highway system, unless otherwise provided for in Attachment A or existing
maintenance agreements with the Local Government.
12. Termination
A. This agreement may be terminated in the following manner:
1. By mutual written agreement and consent of both parties;
2. By either party upon the failure of the other party to fulfill the obligations set
forth in this agreement; or
3. By the State if it determines that the performance of the Project is not in the
best interest of the State.
B. If the agreement is terminated in accordance with the above provisions, the Local
Government will be responsible for the payment of Project costs incurred by the
State on behalf of the Local Government up to the time of termination.
C. Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due to the Local Government, the State, or the Federal
Government will be promptly paid by the owing party.
13. Notices
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail,
(electronic notice being permitted to the extent permitted by law but only after a separate
written consent of the parties), addressed to such party at the following addresses:
Local Government: State:
City of Pearland District Engineer
ATTN: City Manager Texas Department of Transportation
3519 Liberty Drive 7600 Washington Avenue
Pearland, TX 77581 Houston, Texas 77007
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided in this agreement. 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 such notices shall be delivered personally or by certified U.S. mail
and such request shall be honored and carried out by the other party.
14. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other
existing agreements between the Local Government and the State, the latest agreement
shall take precedence over the other agreements in matters related to the Project.
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i Project Name SH35
15. Successors and Assigns
The State and the Local Government 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.
16. Amendments
By mutual written consent of the parties, this agreement may be amended in writing prior
to its expiration.
17. State Auditor
Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an
audit or investigation of any entity receiving funds from the state 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.
18. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
Agreement on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government.
THE STATE OF TEXAS T CITY O EARLAND
Signature ignature
Quincy D. Allen, P.E.
Gcrs.s-�
Typed or Printed Name Typed'or Printed Name
C� r
District Engineer /11
Typed or Printed Title Typed Printediitle
Date Date
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District# HOU
Code Chart 64# 32150
Project Name SH35
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
Payment Provision
The Local Government has adopted the attached SH 35 Gateway and Corridor
Enhancement Plan. The Local Government will provide the installation and subsequent
maintenance of the Project. The estimated cost for installation of the Project is
$5,700,000, and shall be funded 100% by the Local Government or other funding
sources secured by the Local Government. Construction of the Project may be
implemented at once or in phases.
The Project
Limits: SH 35 from Beltway 8 to FM 518.
Improvements: Project improvements include, but not limited to the following;
a) Enhanced sidewalks
b) Pavers
c) Gateway markers
d)Specialty painting
e)Tree, shrub and plant installation
f) Irrigation
g) Landscape lighting
Maintenance: Project maintenance includes, but not limited to the following:
a)Watering
b) Mowing, Trimming and Edging
c) Plant Basin and Bed Maintenance
d) Fertilizing
e) Plant Supports
f) Pruning
g) Insect, Disease, and Animal Inspection and Treatment
h) Litter and Debris Collection and Disposal
i) Plant Replacement
Irrigation System Operation and Maintenance
Irrigation system operation and maintenance shall include, but not be
limited to, water, monitoring, adjustment, repair, replacement, and proper
operation.
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District# HOU
Code Chart 64# 32150
Project Name SH35
Landscape Pavers/Sidewalks
All surfaces shall be maintained clean and free of graffiti, litter, silt/soil and
vegetation. At discretion of Local Government, with approval from State, repair
and/or replace same as originally installed.
Lighting
All lighting shall be maintained, repaired and/or replaced according to the State's
lighting standards.
Gateway Markers
All surfaces shall be maintained clean and free of graffiti and litter.
Work Responsibilities
Local Government agrees to:
1. Furnish the State with a copy of each agreement(s) between the Local government
and its agent(s) or subcontractor(s) for work to be performed by Local government.
2. Furnish the State with a fully executed copy of the State's Form 1560 Certificate of
Insurance.
3. Furnish the State in writing overall clearance with all appropriate regulatory
agencies prior to beginning any installation or maintenance activities.
4. Furnish the State with the Project Plan (11" X 17" format) before any work begins.
5. Furnish the State any revisions or modifications mutually agreed upon between the
Local Government and the State.
6. Verify location of all utilities within project area. Utility considerations shall include
but not limited to the following: gas, water, electricity, fiber optics, telephone,
signals, lighting, CTMS, sanitary sewer, etc.
7. Provide for all necessary right-of-way and/or utility adjustments needed.
8. Furnish all labor, equipment, and incidentals for the installation of the Project.
9. Furnish all labor, equipment, materials, and incidentals for maintenance during and
after installation of the Project. The State reserves the right to require any
changes, maintenance or repairs as may be necessary to provide protection of life
or property on or adjacent to the highway.
10. Provide fulltime daily inspection of all installation and maintenance work.
11. Submit for approval a traffic control plan.
12. Contact TxDOT Area Engineers office 7 days prior to beginning any work.
13. Provide all labor, equipment, material, incidentals, and inspection as may be
required to repair or replace equipment, structures or surfaces damaged by
Local Government or its agent(s) or contractor(s) during the installation and/or
maintenance of the Project to the satisfaction of the State.
It is expressly understood that the Texas Department of Transportation (State) does
not purport hereby to grant any right, claim, title, or easement in or upon this highway.
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District# HOU
Code Chart 64# 32150
Project Name SH35
It is also understood that the State may remove, without notification or reimbursement
to the Grantee, any landscape development which may be deemed necessary to
provide protection of life or property, interferes with the safety of the traveling public,
any construction work, or any maintenance work that may be done on State rights-of-
way. Upon notification by the State, the Grantee may remove, at their expense, all or
any portion of the landscape development installed as part of this permit.
Local Government Contact
Valerie Marvin
Development Manager
Pearland Economic Development Corporation
3519 Liberty Drive, Suite 350
Pearland, TX 77581
Direct: 281.997.3004
Mobile: 713.503.1566
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