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R2004-065 05-10-04 RESOLUTION NO. R2004-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE MAINTENANCE ASSOCIATED WITH RIGHT-OF-WAY IMPROVEMENTS LOCATED IN THE FM 518 AND SH 35 CORRIDORS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS. Section 1 That certain contract by and between the City of Pearland and the Texas Department of Transportation, a copy of which is attached hereto as Exhibit"A"and made a part hereof for all purposes, is hereby authorized and approved Section 2 That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with Texas Department of Transportation for landscape maintenance associated with right-of-way improvements located in the FM 518 and SH 35 corridors PASSED,APPROVED and ADOPTED this the 10th day of May , A.D , 2004 GYM -ct' TOM REID MAYOR ATTEST / J i/�/ /VA Y2 NG Ll ' "'1 r SE" ETARY APPROVED AS TO FORM e2.,-`1 A (Ng— DAR IN M COKER CITY ATTORNEY EXHIBIT Brazoria County :13b -f �� FM 518 and SH 35 Ct CSJ 0976-02-081,0178-02-075 and j d,; • �5 0912-00-150 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY MAINTENANCE BY A LOCAL GOVERNMENT (ON-SYSTEM) 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, Texas, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Texas Transportation Code, §201 103 and §222 052 establish that the State shall design, construct and operate a system of highways in cooperation with local governmen'ts, and WHEREAS, Transportation Code, §201.209 allows the State to enter into an interlocal agreement with a Local Government; and, WHEREAS, Texas Transportation Code, §221 002 provides that the Governing Body of a Municipality may enter into an agreement with the Texas Transportation Commission for the improvement by the Local Government of the state highway system, including maintenance, WHEREAS, the Local Government desires to provide landscape maintenance within the right of way of FM 518 and SH 35, roadways on the state highway system, and WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution, attached hereto and made a part hereof, for maintenance of the Project that is identified in the location map, attached hereto and made a part hereof; 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 hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows 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 unless terminated as provided below 2 Scope of Work. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to as described in Attachment A, Payment Provision and Work Responsibilities, which is attached hereto and made a part hereof 3 Termination of this Agreement. This Agreement shall remain in effect unless a the Agreement is terminated in writing with the mutual consent of the parties, or; b because of a breach of this Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party AFA—AFA VoIMntLG Page 1 of 5 Rev.8/1 5/02 Brazoria County FM 518 and SH 35 CSJ 0976-02-081,0178-02-075 and 0912-00-150 c. by the State if it determines that the performance of the Project is not in the best interest of the State If the contract is terminated in accordance with the above provisions, the State assumes the responsibility only for the standard maintenance of the right of way as specified in the Department of Transportation's Maintenance Manual and/or Vegetation Management Manual at time of termination. 4 Amendments. Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 5 Remedies. The State will notify the Local Government, in writing, if the State determines that the Local Government is not maintaining the Project in accordance with this agreement. The Local Government will have thirty (30) days to cure. If the non-compliance is not cured within 30 days, the State will perform the maintenance and the Local Government will be responsible for that cost. 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 6. Compliance with Texas Accessibility Standards and ADA. The Local Government shall ensure that maintenance is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the 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) 7. 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. Mail To District Engineer Texas Department of Transportation P 0 Box 1386, Houston, Texas 77251-1386 Deliver To District Engineer Texas Department of Transportation 7721 Washington Ave , Houston Texas 77007 All notices shall be deemed given pn 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 AFA—AFA VoIMntLG Page 2 of 5 Rev.8/1 5/02 Brazoria County FM 518 and SH 35 CSJ 0976-02-081,0178-02-075 and 0912-00-150 8 Legal Construction This document does not convey any real property interests In case 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 9 Responsibilities of the Parties The parties 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 The parties expressly agree that this project is not a joint venture or enterprise However, if a court should find that the parties are engaged in a joint venture or enterprise, then the Local Government agrees to pay any liability adjudicated against the State for acts and deeds of the Local Government, its employees or agents during the performance of this Project, including attorney fees which may be incurred in litigation or otherwise resisting said claim or liabilities 10 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 11 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 12 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 District Engineer Date AFA—AFA VoIMntLG Page 3 of 5 Rev.8/15/02 Brazoria County FM 518 and SH 35 CSJ 0976-02-081,0178-02-075 and 0912-00-150 Attachment A to Payment Provision and Work Responsibilities Payment Provision The Local Government will fund, without funds paid to the State, the maintenance of the Project after final acceptance by the State from its contractor(s) Work Responsibilities The Local Government will maintain the Project in accordance with State standards A. Local Government agrees to 1 Allow the State and its agent(s) or contractor(s) to utilize the Local Government right-of-way for all aspects of the project as shown in plans. 2 Furnish the State in writing overall clearance with all appropriate regulatory agencies prior to beginning maintenance activities. 3 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. 4 Furnish the State with the maintenance details and schedules in the format and to the time schedule as required by the State 5 Furnish the State any revisions or modifications mutually agreed upon between the Local Government and the State 6 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 and mulch layer (3) Plant replacement and/or removal (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 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 AFA—AFA_VoIMntLG Page 4 of 5 Rev.8/1 5/02 Brazoria County FM 518 and SH 35 CSJ 0976-02-081,0178-02-075 and 0912-00-150 as required to insure adequate moisture to the plant material existing on the site All replacement parts should be of the same type and manufacturer as originally installed Substitute parts may be,allowed with the approval of the State prior to replacement. Illumination System Operation and Maintenance Illumination system operation and maintenance shall consist of the electricity, monitoring, adjustment, repair and proper operation of the existing illumination system in accordance with the National Electric Code (NEC) All replacement parts should be of the same type and manufacturer as originally installed Substitute parts may be allowed with the approval of the State prior to replacement. Modular Walls and Concrete All areas shall be maintained same as originally installed All replacement parts should be of the same type and manufacturer as originally installed Substitute parts may be allowed with the approval of the State prior to replacement. All surfaces shall be maintained free of graffiti and undesirable vegetation Stained or Painted Surface All areas shall be maintained same as originally installed All surfaces shall be maintained with no noticeable defects beyond normal wear and/or fading All surfaces shall be maintained free of graffiti and undesirable vegetation 7 Provide fulltime daily inspection of all maintenance work performed to ensure that the work is accomplished in accordance with the approved plans and specifications 8 Submit for approval a traffic control plan and provide, erect and maintain barricades, signs and traffic handling devices necessary to protect the safety of the traveling public. All placements of barricades, signs and traffic handling devices must conform to the Texas Manual on Uniform Traffic Control Devices 9 Furnish all labor, equipment, material and incidentals as may be required to repair or replace structures or surfaces damaged by Local government or its agent(s) (contractor) during any phase of the project to the satisfaction of the State. B State agrees to 1 Allow Local Government and its agent(s) or contractor(s) to utilize the right-of-way for all aspects of the Project described in this Agreement. 2 Coordinate with Local Government plans of the Project, with limits of maintenance defined, attached hereto and made a part of this agreement. 3 Coordinate with Local Government landscape maintenance operations consistent with District policy and the Roadside Vegetation Management Manual 4 Perform review and inspections., as appropriate, of the project. 5 Coordinate with Local Government in determining the requirements for barricades, signs and traffic handling devices necessary to protect the safety of the traveling public for the project. AFA—AFA_VoIMntLG Page 5 of 5 Rev.8115/02 LEGEND SEE IRRIGATION DETAILS FOR EQUIPMENT LOCATION (M LANDSCAPE AREA ♦W1 PROPOSED BORE PEARLAND PARKWAY UTILITY COVER T CP 1 1 Wan LIMITS OF PLANT, MODULAR WALL;; CONCRETE, AND PA`.N7/STAIN•.MAI.NTENANCE:.L LEGEND IRRIGATION MAINTENANC M TAP/METER BY CONTRACTOR N WITH BACKFLOW PREVENTER ® REMOTE CONTROL VALVE ASSEMBLY QUICK COUPLER VALVE MAINLINE 2" G 71SLEEVE LANDSCAPE AREA NOT TO SCALE PEARLAND PARKWAY (M FM 518(PEARLAND PKWY) PEARLAND LIMITS OF MAINTENANCE SHEET i GE i Texas Deportment of fronsportotion 2004 EED.RO_ PROJECTNO. HEE No. F STAY DIST. COUNTY TEXAS 12' BRAZORIA CONT. SECT. JOB HIGHWAY NO. 0376 02 081 FM 518 FM s'8 (e7?0 4014/4 ) PROJECT SITE LOCATION NTS 0x LEGEND I I LIMITS OF PLANT, MODULAR WALL, ' CONCRETE, PAINT/STAIN AND ILLUMINATION MAINTENANCE ` _ LEGEND IRRIGATION MAINTENANCE iNITAP/METER BY CONTRACTOR OC QUICK COUPLER WITH BACKFLOW PREVENTER VALVE N REMOTE ® VALVE CONTROL MAINLINE ASSEMBLY 2" ®SLEEVE LOT 23 George W. Jenkins Subdivision (Vol. 2, Pg. 20 BCPR PROJECT SITE (772 SF) Survey Information Will Be Provided To Contractor By TxDOT and City of Pearlond LANDSCAPE AREA / NOT TO SCALE FM 518(SHAUNTEL ST) PEARLAND LIMITS OF MAINTENANCE SHEET 1 OF 1 AmPIE Texas Deportment of Transportation AOr0 2004 GED. RD. DIV. NO. 6 STATE DIST. PROJECTW. COUNTY SHEET NO, TEXAS 12 BRAZORIA CONT. SECT. J08 HIGHWAY NO. 0976 02 081 FM 518 LEGEND EX. CONCRETE EX\ PIPELINE VEN'S \ M.W. Petroleum Co. \ \ (Vol. (91)928 \ \ EX. CONCRFTF Pg. 870 BCOR) \ \ A \ \ O- \ �\ qb \ \ ` r \ � \ \ cn\ \ �\ \ \ \ \ \ \ i \ \ \ Lr SOD \ LANDSCAPE AREA PROJECT SITE LOCATION NTS 1 1 1 LIMITS OF PLANT, MODULAR WALL, CONCRETE, PAINT/STAIN AND ILLUMINATION MAINTENANCE LEGEND IRRIGATION MAINTENANCE M TAP/METER BY CONTRACTOR N WITH BACKFLOW PREVENTER ® REMOTE CONTROL VALVE ASSEMBLY WELL QUICK COUPLER VALVE MAINLINE 2" F77Tl71SLEEVE PROJECT SITE (465 SF) Survey Information Will Be Provided To Contractor By TxDOT and City of Peorland SEE LAYOUTS THIS SHEET NOT TO SCALE • SH 35 (CR 128) PEARLAND LIMITS OF MAINTENANCE SHEET 1 OF 1 Texas Department of Tronsportotlon Air 2004 GIST. 12 SECT. 02 PROJECT NO. JOB 075 COUNTY BRAZORIA HIGHWAY NO. SH 35 SHE E NO. w co GE 39V1NO2:13 I 1 1 1 1 • CL SH 35 • • - - — R. O. W. EDGE-OF-TRAVELLANE EDGE_OF-PAVEMENT_ EXISTING I,NLE L - - SOD-7 LANDSCAPE AREA EXISTING UTILITY BOXES LEGEND LIMITS OF [LANT, MODULAR WALL, CONCRETE, ".l PAIMT/S!AIN•MAINTENANCE LEGEND IRRIGATION V. TF"NANOE€ TAP/METER BY CONTRACT N WITH BACKFLOW PREVENTER • ‘,,VALVE REMOTE CONTROL ASSEMBLY M CK ,COUPLEir:: •> ei AAINLINE• 2"447 er(azedSLEEVE Tg/ EXISTING — CLEAR CREEK 6r• :.. • 3H .. 35 ICLEAR:°-CREEKY . PEARLAND L t M I TS; OF MA I N TENANCE-='" IEET 1 OF 1 Texos•Department of Transportation `J 2004 FE•.. N0. DI,.No. PROJECT NO SHEET NO: 6 S:ATE DIST. NOT TO SCALE bA4S' •'IP BRAZORIA ONT. SECT. JOB NICNWAY NO. 0912 . 00r I 150 I SR 35