R99-089 10-25-99RESOLUTION NO. R99-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, CANCELING THE CONTRACT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR IMPROVEMENTS TO COUNTRY CLUB
DRIVE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council of the City of Pearland, at its June 10, 1996,
meeting, passed Resolution No. 96-29 authorizing a contract with the Texas
Department of Transportation for improvements to Country Club Drive.
Section 2. That the City and the Texas Department of Transportation no longer
desire to carry out the terms of the agreement for improvements to Country Club
Drive.
Section 3. That in accordance with Section VIII of the agreement, the
City Council hereby cancels the contract with the Texas Department of Transportation
for proposed improvements to Country Club Drive.
PASSED, APPROVED and ADOPTED day of
October ., A.D.,1999.
ATTEST:
U-NG L(~_~ ~/- ~/~
'Y SE(~,,ETARY f/
PPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
this the 25th
TOM REID
MAYOR
I Texas Department of Transportation
P.O. BOX 1386 · HOUSTON. TEXAS 77251-1386 · (713) 802-5000
October 7, 1999
Pearland Mobility Projects
CONTACT: PROGRAMS
Mr. Alan Mueller
Project Coordinator
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Dear Mr. Mueller:
In response to your request for clarification of issues regarding the subject, I offer the following
information.
Due to floodplain impacts and potential associated liability, it is the Department's position that-"~
the scope of the Country Club project should only include reconstruction of the existing facility F/
at its present at-grade elevation. If the City desires to withdraw the project, we and our MPO')
will favor an in-kind replacement to this project. The latest possible letting date for a(
replacement project is AUgust 2003, before the Urban Street Program funds lapse. ._)
In regard to the Dixie Farm Road project, the Department cannot let a staged construction
contract unless worker safety issues are resolved. We will endeavor to proceed with a
construction contract that will allow for a staged construction after we obtain the approved
environmental assessment (EA) in approximately February or March of next year. The
recommendations and findings of the EA will be incorporated into a worker safety plan that will
be included in the terms of the construction contract. We are acutely aware of the traffic control
ramifications should full closure o f the road during construction become necessary.
Concerning the proposed SH 288 southbound frontage roads between FM 2234 and FM 518, this
section of roadway is designated as a controlled access facility. Access is fully restricted by
deed to adjacent property owners within these stated limits. In consideration of the current
traffic conditions and increasing traffic volumes along SH 288, the Texas Department of
Transportation is committed to maintaining established access restrictions in this area. It is also
our opinion that the purchase of access rights and frontage road construction participation by the
City would be less cost effective and more time consuming than would a parallel local street
located outside Texas Department of Transportation (TxDOT) fight of way. In addition, as
Mr..Clark stated, frontage roads would promote commercial development leading to increased
congestion and reduced circulation capacity in the corridor. Also, this type of development
would offer less than pleasing aesthetics at the SH 288 gateway to the Pearland community.
An Equal OpporTunity En~ploycr
ME Alan'Mueller
October 7, 1999
Page Two
Thank you and the Mayor for meeting with Mr. Chris Olavson and Mr. David Rodgem. We
appreciate the City's parmership in these important mobility projects. If you have any questions
or concerns, please contact me at your convenience at (713) 802-5031.
Sincerely,
Director of Transportation
Planning and Development
Houston District
CCi
The Honorable Tom Reid, Mayor, City of Pearland
Mr. Alan Clark
Mr. Chris Olavson
Mr. Larry Heckathom, P.E.
Mr. David N. Rodgers
Recovery Plan and minus any funds previously paid by the City.
Payment must be made within thirty (30) days of receipt of the State's
written notification.
The State will perform an audit of all costs associated with the Project.
In the event additional funding is required from the City at anytime
during the Project the City, to the exten! permitted by law, will provide
the funds within thirty (30) days freom'receipt of the State's written
request. In the event any funds are due the City, the State will
promptly make arrangements to provide the funds to the City.
VII. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all Plans submitted by
City (as revised or modified) shall remain the property of the City and 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.
09/18/1997
VIII. TERMINATION
A. This agreement may be terminated by any of the following conditions.
1. By mutual written agreement and consent of both parties.
By either party, upon the failure of the other party to fulfill the
obligations as set forth herein.
Termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and City to each other under this
agreement. If the potential termination of this agreement is due to the
failure of either party to fulfill its contractual obligations as set forth
herein, the non-defaulting party will notify the defaulting Party that
possible breach of contract has occurred and the defaulting party
should make every effort to remedy the breach within a period
' mutually agreed upon at the time by both parties.
IX.
The City acknowledges that while not an agent, servant, or employee of the
State, it is responsible for its own acts and deeds and for those of its agents
Memo
To:
From:
Date:
Subject:
Mayor and City Council Members
Alan Mueller
October 18, 1999
Country Club Drive TxDOT Agreement
In the attached letter TxDOT has communicated that they have changed their position and will
not participate in the project if it entails raising the road/bridge elevation. Since raising the
road/bridge was the primary purpose of the project, I recommend we cancel this project. The
project was conceived after the 1994 flood to provide better emergency services access to the
Green Tee subdivision. As you are aware, the majority of Green Tee residents also do not
support the project.
The TxDOT funding of $328, 792 can be transferred to another eligible rehabilitation project that
is let prior to August 2003. Since it took about four years to reach this point in the Country Club
Drive project, it is unlikely we could get a new project approved and ready for letting by August
2003. I recommend we cancel this TxDOT contract, which will take an action of the Council.
The remaining City allocation (from the C.O. funds) for this project is approximately $622,600,
which could be freed up for other projects/contingencies.
Attached is a section from th TxDOT agreement related to "Termination". The agreement can
only be terminated by mutual consent, so the City's action should include a motion to terminate
the agreement and request TxDOT to also agree to the termination.
Attachments: TxDOT letter
TxDOT Agreement Excerpt
Young Lo~ng
City Secretary
(281)652-1655
Telecopier(281) 652-1706
October 28, 1999
Mark Patterson P.E.
Consultant Contract Administration
Texas Department of Transportation
Box 1386
Houston, Texas 77251-1386
Dear Mr. Patterson:
I am enclosing a certified copy of Resolution R99-89, canceling the contract with the
Texas Department of Transportation for proposed improvements to Country Club
Drive.
If you have any questions regarding this matter please contact Deputy City Manager,
Alan Mueller at 281 652-1650.
Attachments: Certified Resolution R99-89
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · 281-652-1600 · www. ci.pearland.tx.us