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R2008-071 2008-05-12 RESOLUTION NO. R2008-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR THE FM 518 LANDSCAPE PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Advance Funding Agreement by and between the City of Pearland and the State of Texas, 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 Advance Funding Agreement with the State of Texas, for landscaping to FM 518. PASSED, APPROVED and ADOPTED this the 12th day of May ., 2008. .c:-=:;)01) / C-4-4- TOM REID MAYOR ATTEST: ,i i / o y � X' 1a t• ju 1 UN. F N 1 Rye 0%, r ITY CRETARY APPROVED AS TO FORM: Oa..6...: le. DARRIN M. COKER CITY ATTORNEY CSJ # 0912-31-225 District# Houston District Code Chart 64 # 32150 Project: Landscape Beautification STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Landscape Beautification Project THIS AGREEMENT (the 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, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order 110266, authorizing the State to undertake and complete a highway improvement generally described as Supplemental Transportation Projects and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance dated May 12, 2008, which is attached hereto and made a part hereof as Attachment "A" for con-structicn of traffic cignalo landscape construction at the location shown on the Map in Attachment "B" hereinafter referred to as the Project. 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, it is agreed as follows: AFA-AFA_LongGen Page 1 of 9 Revised 03/14/2008 CSJ #0912-31-225 District# Houston District Code Chart 64 # 32150 Project: Landscape Beautification 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 effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The City of Pearland intends to install landscaping in the medians on FM 518 between Johnston St., and Silverlake Village Dr., in Pearland, Texas. A total of sixteen medians will be irrigated and landscaped as shown in Attachment "B". Three (3) Crape Myrtle trees per median, Daylily's and native grass will be installed in each median. 281 at the- tersection oi-Pcenne iy��venu'e-and Iv-Joann Lane, ind ins�nIIntinn of n flashiiTn,�g beacon at the i crscctien of FM 511 aid Dakota Road as shown on Attachment "B". 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in the Project Budget - Attachment "C" which is attached hereto and made a part hereof. The expected cash contributions from the federal or State government, the Local Governments, or other parties is shown in Attachment "C". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. d. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, including any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. e. Launch Internet Explorer Browser.lnk Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local AFA-AFA_LongGen Page 2 of 9 Revised 03/14/2008 CSJ#0912-31-225 District#Houston District Code Chart 64#32150 Project: Landscape Beautification Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. f. 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. g. 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 Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to the State Project. h. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. i. The State will not pay interest on any funds provided by the Local Government. j. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the Local Government prior to completion of the project. k. If the project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment "C" will clearly state the amount of the fixed price or the incremental payment schedule. I. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. m. 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. The State will not execute the contract for the construction of the project until the required funding has been made available by the Local Government in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. the Agreement is terminated in writing with the mutual consent of the parties; b. the Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or AFA-AFA_LongGen Page 3 of 9 Revised 03/14/2008 CSJ#0912-31-225 District#Houston District Code Chart 64 # 32150 Project: Landscape Beautification c. the Local Government elects not to provide funding after the completion of preliminary engineering, specifications and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. b. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. c. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. e. The Local Government shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. 9. Compliance with Texas.Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the AFA-AFA_LongGen Page 4 of 9 Revised 03/14/2008 CSJ # 0912-31-225 District # Houston District Code Chart 64 # 32150 Project: Landscape Beautification Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services cervices. The engineering plans shall be developed in accordance with the applicable State's nce of Highways, Streets and in procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is forlor ny funded ar,d with Texas Covernment Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal Business Enterprises (DBEs), ADA, and environmental matters. The Local Government shall provide the architectural and engineering services. The architectural and engineering services shall include, but not be limited to, preparing the environmental assessment, right of way mapping, property descriptions, and schematic layout; performing field surveys; preparing a drainage study; and conducting public meetings/hearings. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the latest edition and revisions of the State's Highway Design Division Operations and Procedures Manual or the American Association of State Highway and Transportation Official's A Policy on Geometric Design of Highways and Streets, Federal regulations for conformity with the Clean Air Act air quality requirements, the EPA- National Pollutant Discharge Elimination System requirements, the Texas Manual on Uniform Traffic Control Devices, and the American Association of State Highway and Transportation Officials Guide For the Development of Bicycle Facilities. In addition, all engineering work shall be prepared using the English system of measurements. Documents prepared for the purpose of public involvement shall be in the English system. The Local Government must comply with applicable State and Federal rules and procedures in selection of the consultant to provide engineering services for the Project and the consultant selection procedure must have prior approval by the Texas Department of Transportation and the Federal Highway Administration. The State will monitor the Local Government's selection process for adherence to Federal rules and procedures. The consultant selected by the Local Government shall be subject to the approval of the State. The Local Government must submit a copy of the consultant's contract to the State for approval prior to the consultant starting work. The Local Government shall forward to the State a copy of the completed engineering and design plans of the Project for review. AFA-AFA_LongGen Page 5 of 9 Revised 03/14/2008 CSJ # 0912-31-225 District # Houston District Code Chart 64 # 32150 Project: Landscape Beautification The State will perform a 30 percent, 60 percent, 90 percent and final review of the engineering plans, specifications and estimate work being developed by the Local Government's consultant. The State will also review all geotechnical, surveying, design, environmental, hydraulic reports and data submitted by the Local Government. The State will provide a pavement design for the Project per AASHTO pavement design criteria and may also provide any geotechnical investigations required for the pavement design. If the Local Government has submitted work in accordance with the terms of this contract but the State requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the contract, the Local Government shall make such revisions as requested and as directed by the State and the work will not be approved by the State unless such changes are made. The Local Government shall be responsible for the accuracy of work and shall promptly make necessary revisions or corrections resulting from its errors, omission, or negligent acts. Approval by the State is subject to the prompt accomplishment by the Local Government of necessary revisions or corrections resulting form its errors, omissions, or negligent acts. The Local Government's responsibility for all questions arising from design errors and/or omissions will be determined by the State. The Local Government will not be relieved of the responsibility for subsequent correction of any such errors or omissions. The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the State in accordance with the Texas Engineering Practice Act and the rules of the Texas Board of Professional Engineers. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provisions for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. 11. Bidding The Local Government shall have its own construction contract letting and award procedures approved by the State or the Local Government shall agree to use the applicable Local Government Project Procedures provided by the State at the following website: http://the State-webdev/business/localgov.htm. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. The Local Government shall notify the State once the project is advertised for bids. Once the bid tabulations have been received, the Local Government shall obtain approval from the State prior to awarding the contract to the successful bidder. The Local Government must submit a right of way certification stating that right of way AFA-AFA_LongGen Page 6 of 9 Revised 03/14/2008 CSJ # 0912-31-225 District # Houston District Code Chart 64 # 32150 Project: Landscape Beautification acquisition is complete or no right of way is needed before the State will approve the bid. 12. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and equent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be the construction contract. c. Prior to their execution, the Local Government will be given the opportunity to review d. Upon completion of the Project, the party constructing the project will issue and sign a e. For federally funded contracts, the parties to this Agreement will comply with federal 35 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA 1273" in the A. The State will be responsible for auditing and construction oversight. B. The Local Government shall notify the State before actual construction work on State right of way begins. Said notification shall include, but is not limited to: invitation to all pre-letting and pre-construction meetings; invitation to all work-in- progress meetings; and a minimum of 3 workdays notice prior to performing major items of work (such as placing or modifying traffic control plans, pouring any concrete items, and/or performing any work items on the existing or proposed traffic signal system) on the project. C. The Local Government shall submit all change order plan work and associated items to the State for their review and approval prior to enacting any change order associated with the project. The Local Government or its engineer will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved PS&E. The Local Government shall test (or cause to be tested) all construction bid item materials and equipment in accordance with The State testing standards. The Local Government shall provide written results of the various tests to the State within 3 workdays following the completion of each test. In cases where a material or an equipment test indicates that the material or equipment fails to meet The State standards, the Local Government shall recommend a course of corrective action to the State. The State shall have the authority to accept or reject the corrective action. If the corrective action plan is rejected by the State, the Local Government shall continue to seek-out a corrective action plan until it develops AFA-AFA_LongGen Page 7 of 9 Revised 03/14/2008 CSJ # 0912-31-225 District # Houston District Code Chart 64 # 32150 Project: Landscape Beautification one that is acceptable to the State. All costs associated with material and/or equipment corrective actions shall be borne solely by the Local Government. D. The Local Government shall inspect all construction bid item work to ensure that it is performed in accordance with applicable The State standards and specifications. E. The Local Government shall submit all concrete mix designs to the State for approval, prior to use on the project. F. The State shall have and retain oversight of all inspection of all items of work performed within the State right-of-way. G. The State shall periodically inspect the project's signs, barricades and traffic control plan to ensure compliance with the Texas Manual on Uniform Traffic Control Devices (TxMUTCD). The State shall attend all pre-work and pre- construction meetings. 13. Project Maintenance highway system-after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. The Local Government shall be responsible for maintenance of the Landscape Beautification to the States satisfaction until the agreement is terminated, in accordance with Attachment D, Work Responsibilities. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. The Local Government is responsible for the provision and acquisition of any needed right of way or real property. The Local Government shall assume all costs in preparing right-of-way maps, property descriptions and other data as needed to properly describe the right-of-way which the Local Government is to acquire and provide the State. The right-of-way maps and property descriptions shall be submitted to the State for review and approval. Tracings of the right-of-way maps shall be furnished to the State for its permanent records. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. If the Local Government is the owner of any part of a Project site, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work. AFA-AFA_LongGen Page 8 of 9 Revised 03/14/2008 CSJ #0912-31-225 District# Houston District Code Chart 64 #32150 Project: Landscape Beautification All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. If the Local Government purchases right of way for a Local Government street, title will be acquired in the name of the Local Government in accordance with applicable laws unless specifically stated otherwise and approved by the State. The Local Government shall be responsible for all right of way acquisition costs and these costs shall not be eligible for State reimbursement under this Agreement. 14. 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, addressed to such party at the following addresses: Local Government: State: City of Pearland Texas Department of Transportation Mayor District Engineer 3519 Liberty Dr P.O. 1386 Pearland, Texas 77581 Houston, Texas 77251-1386 281-652-1600 713-802-5001 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. 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. 15. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. 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. AFA-AFA_LongGen Page 9 of 9 Revised 03/14/2008 CSJ# 0912-31-225 District#Houston District Code Chart 64 #32150 Project: Landscape Beautification 17. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four(4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. AFA-AFA_LongGen Page 10 of 9 Revised 03/14/2008 CSJ# 0912-31-225 District#Houston District Code Chart 64#32150 Project: Landscape Beautification 24. Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. AFA-AFA_LongGen Page 11 of 9 Revised 03/14/2008 CSJ # 0912-31-225 District#Houston District Code Chart 64#32150 Project: Landscape Beautification Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. 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 maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 29. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT Name Printed Name and Title • Date 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. Janice Mullenix Director of Contract Services Texas Department of Transportation Date • AFA-AFA_LongGen Page 12 of 9 Revised 03/14/2008 CSJ#0912-31-225 District#Houston District Code Chart 64 #32150 Project: Landscape Beautification ATTACHMENT A Resolution or Ordinance Page 1 of 1 Attachment A CSJ #0912-31-225 District#Houston District Code Chart 64#32150 Project: Landscape Beautification ATTACHMENT B Location Map Showing Project • Page 1 of 1 Attachment B CSJ # 0912-31-225 District#Houston District Code Chart 64# 32150 Project: Landscape Beautification ATTACHMENT C Project Budget: Landscape Beautification The Local Government will participate in the cost of the installation of Landscape beautification along medians of FM 518, which are on-system. The Local Government's participation is 40% of the cost of this particular improvement and the other 60% will be paid for with state funds. The Local Government's estimated participation of this additional work is $130,000, including construction items, and engineering and contingencies. The State has estimated the project to be as follows: Description Total Federal State Local Estimate Participation Participation Participation Cost % Cost % Cost % Cost . = , CONSTRUCTION COSTS ' xti�w Landscape $325,000.00 0% $0.00 60% $195,000.00 40% $130,000.00 Construction Co tion-ef $0.00 A%, W89 0% $---0.00 10% $0 00 Subtotal $325.000.00 $0.00 $195,000.00 $130,000.00 Direct State Costs $0.00 0% $0.00 100% $ 3000.00 0% $0.00 (including plan review, inspection and oversight) Indirect State Costs $0.0 0% $0.OQ 0% $0.00 0% $9.00 (no local participation required except for service projects) TOTAL $325,000.00 $0.00 $198,000.00 $130,000.00 Direct State Cost will be based on actual charges. Local Government's Participation (40%) = $130,000.00 It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is an estimate only; final participation amounts will be based on actual charges to the project. Page 1 of 1 Attachment D CSJ # 0912-31-225 District # Houston District Code Chart 64 # 32150 Project: Landscape Beautification ATTACHMENT D Work Responsibilities A. Local Government agrees to: 1. Furnish the State, in writing, evidence of overall clearance from all appropriate regulatory agencies prior to beginning any installation and/or maintenance activities. 2. Furnish the State a site-specific design concept plan for preliminary approval. 3. Furnish the State with the final Project Plan. The Project Plan shall contain, but not be limited to, TxDOT right-of-way, functional classification and speed limit(s), limits of project, existing underground and above ground utilities, existing drainage patterns, inventory of other existing structures (signs, traffic control devices, light poles, etc.), layout plans, construction details, drawings, specifications, schedules, and cost estimates in the format and to the time schedule as required by the State. The District Engineer (or designee) must approve the final Project Plan prior to beginning any installation activities. 4. Verify location of all utilities within project area. Utility considerations shall include but not be limited to the following: gas, water, electricity, fiber optics, telephone, signals, lighting, CTMS, sanitary sewer, etc. 5. Provide for all necessary right-of-way and/or utility adjustments needed. 6. Furnish all labor, equipment, and incidentals to provide for the installation of the Project as specified in plans and described herein. 7. Furnish all labor, equipment, materials, and incidentals to provide for maintenance activities that shall include but not be limited to the following: Plant Maintenance For the work of plant maintenance, all reasonable means shall be employed to preserve the plants and vegetative material existing within the project limits in a healthy and vigorous growing condition. This maintenance activity shall include but not be limited to the following: (1) Provide vegetative watering of plant material. (2) Plant bed and basin maintenance including shaping, weed control, mulch layer, and ring construction. (3) Plant replacement. (4) Insect, Disease, and Animal Control. (5) Fertilizing. (6) Mowing and Trimming. (7) Restaking, Reguying, Rebracing and/or Removal of Staking, Guying, and Bracing. (8) Pruning. (9) Litter pick-up Page 1 of 1 Attachment D CSJ # 0912-31-225 District # Houston District Code Chart 64 # 32150 Project: Landscape Beautification Attachment D Work Responsibilities (cont'd) Irrigation System Operation and Maintenance Permanent irrigation system operation and maintenance shall include, but not be limited to, water, monitoring, adjustment, repair, and proper operation of the existing irrigation system as required to ensure adequate moisture to the plant material existing on the site. All replacement parts shall be of the same type and manufacturer as originally installed. Substitute parts may be allowed with the approval of the State, prior to replacement. B. State agrees to: 1. Allow Local Government and its agent(s) to utilize the right-of-way for all aspects of the Project described in this Agreement. 2. Review the Project design plan, as prepared by the Local Government. 3. Review the Traffic control plan, as prepared by the Local Government. 4. Coordinate with Local Government landscape maintenance operations, consistent with District policy and the Roadside Vegetation Management Manual. 5. Perform reviews and inspections to ensure that installation and maintenance is accomplished in accordance with the approved plans and specifications. Page 1 of 1 Attachment D • LT! _SIc *fil .\____ "", e: '*ftel . . . .. Q7walerAn. _ Z .r r io rtf it.•rl,a.��,Lid: t �� \` r T.T •7it • ‘ lie, ` t liid) " a i + 4 Ni i11 iili ; r M . per �. � ¢!i \1. ) • *lilt* ' ' . i / !ION7 .'444rt t r• ...v,.'i •!'!... N. ' 44, "4. ,i7 474 -4,34 .killfr ) i'i f ' CRAPE MYRTLE DAYLILY CASSIAN GRASS cl ;Lrlc coudon iLSHOCiaate6 LANDSCAPE ARCHITECTS FM 518 - Median Landscape Improvements ibis droning to oasaapluol In nature end 1. . ..,.....�....�..w... . .... �....�.. ._..-. .... . .._,_,_.__ . ..�...._ .... .. .. ....... ....Planting Concept satinet 10 dumps. No warranties or CCA Proj.0107-027 July 16,2007 ropr000nlaliono. co.e. school dralga.location or City of Penland chancier of tble pion an Intended. This Pentland,Texan plan la net for parr*or e.ralnte0on purposes. I ^ 1Z Pier",.. • , 7 I f,4 I"w I , ,r' l p ix. >~r q • II ' 1 , '64114(4°4 • ! ' 1.. 0 Ite i . _13 ._,.. Mgr •f- J/" °`i7- clack condor associates LANDSCAPE ARCHITECTS FM 518 - Median Landscape Improvements This drowbp to conceptual In molars and la •• Proposed Planting stabled to change. o worranUa or repnsontoYoma,expressed or implied CCA Proj.U107-027 July 16,2007 concerning er dt actual&alga,locator or City of Penland characpion ors Intended. Thla PtmrlarKl Texas Is not for prink or onM papaws.rucUon paws. \ \ ti f�: '• w11 l•,, 2 . • 1{ (t r � r, Ornamental Tree - '- ' �' ;- -� • .,,,; . �,,.7 (' i� .., L;'E• SL, r, .,Y; }.�,`,•�,.fJ Ci7 yj1; {? I 1* , Groundcover & Low Shrubs - ' ""- • 1 ' T • Backfill Mix b Existing Road & Curb 11 ..1 k', i red ,. '1 1,41, *)'� )116, \ :1°1 2---c" • ►i,:li11.!!"l1t=11==llIf�fl=11:=i1=tl=iE IIIil- 1141h-fi"1161lr--1l--1t` N. CO l,11" !!11,11. 11-=t1:,it.o tt , I I N cp clack conllot associates LANDSCAPE ARCHITECTS FM 518 - Median Landscape Improvements IN.droning Is conceptual In nature and le Planting Concept subject to change. No wartonUes or CCA Proj.0107-027 July 16,2007 repneeMiUans, eepnesed ar Implied concerning the acted design, bcouon or al of Pcorland character at Ude plan ore Intended. This Pentland.Teens pion I. not tor permit or construcUon purposes. `s , Admr:Pnrk �Iuenrutery 'Cleor,Croek. 0ruu►udeRd — Village • I 'Go11 Courso I ltrookuds Rd,•1• 'Count Plate I 75 ry. . 41 1'r lurid RC Prwy— Gol1,Club u g ' I • - el re o s 117'" -- -,- Premise W Onnye 6r , • t, 11 Cemetery Soul i • I: 1 -Houston I n I�I"1• 'I I , I.. '+ Il.l 1 I.... _ Garans Cemetery 'I • I ���yoWs'a9.a 14 ® I '441 _..I ,. . — I. I 1 I --_- •" 11 r 1...:n s I t i•wa ry SI - — W aluwvay Bt •} 10 fi E Walnut 5 Tom. _ - n _r.r �_ y I sS1E �.�•,_ qp 1. i i tQ I _—Z - I _Clf1t�IN11 • -• o L1 �.I'I ' - DNds cut, , I. PA", I '1 41 -` ` I" - - —' Cumr,uruty Palk t' I - Soulhwyck 1 - .1 I i - • ._ _ _ . t=... . GO!!Course __ I- . ,, I .. � •g; v I-__ I ' :1.. I , S!urny Awn' -- Batley Rd _.^._'I _ e. ,:r, ..,..„...„.., 0 1MILE Clark Condon :LHHocialeI LANDSCAPE AR CHITECTS FM 518 - Median Landscape Improvements This draotn,Is conceptual In nature and V .,_..-.�....�_.. Limits of Work subject b thongs. tb warranties or CCA Proj.11107-027 July 16,2007 n,representatio gemmed or invited Cityorrcwlald concerning the actual Outgo.location or character of We pion ors Intended. Thle Pnrland,Texas pion Is not for permit or conetrucean purposes.