R-2016-089 2016-05-23 RESOLUTION NO. R2016-89
A Resolution of the City Council of the City of Pearland,Texas,authorizing the
City Manager or his designee to enter into a Reimbursement and Maintenance
Agreement between the City and the Pearland Economic Development
Corporation and an Interlocal Agreement between the City and the Pearland
Independent School District associated with the Cullen Boulevard
Enhancement Project.
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, is hereby authorized and
approved.
Section 2. That certain Interlocal Agreement by and between the City of Pearland and
the Pearland Independent School District, a copy of which is attached hereto as Exhibit "B", is
hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest the Reimbursement and Maintenance Agreement and Interlocal
Agreement associated with the Cullen Boulevard Corridor Enhancement Project.
PASSED, APPROVED and ADOPTED this the 23rd day of May, A.D., 2016.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
D•RRIN M. COKER
CITY ATTORNEY
Resolution No. R2016-89
Exhibit "B"
INTERLOCAL AGREEMENT
This Agreement, made and entered into by and between the City of Pearland,
hereinafter called "City," and the Pearland Independent School District,a body corporate
and politic under the laws of the State of Texas,hereinafter called"District";
RECITALS
Whereas, the Pearland 20/20 Strategic Plan identifies the need for a community
beautification strategy and recommends enhancing the City's gateways and major
corridors to signal a sense of arrival and stronger identity for the community;and
Whereas, Keep Pearland Beautiful ("KPB") was awarded a Governor's
Community Achievement Grant ("Grant") for the beautification of state corridors, and
Cullen Boulevard (FM 865) has been selected as the corridor to receive improvements
through the Grant; and
Whereas, KPB, the City of Pearland (City), and Pearland Economic
Development Corporation have developed a mutually agreed upon preliminary design for
a Pearland Gateway sign and landscaping for the Cullen Blvd. corridor between Clear
Creek and Broadway;and -
Whereas, the preliminary design is separated into two Phases, with Phase 1
consisting of a Pearland Gateway sign and landscaping and irrigation in the right-of-way
and raised median between Clear Creek and McHard Road, and with Phase 2 consisting
of landscaping and irrigation in the raised medians and tree plantings and irrigation in
public right-of-way between McHard Road and Broadway; and
Whereas, the Texas Department of Transportation ("TXDOT'), in partnership
with KPB and the City, will be implementing a landscaping project ("Improvements")
along Cullen Boulevard between McHard Road and Broadway;and
Whereas, TXDOT, in coordination with City and consistent with the
implementation requirements associated with the Grant, shall be responsible for
finalizing the design,bidding,and constructing the Improvements;and
Whereas, understanding the importance of beautifying the Cullen Boulevard
corridor, the Pearland Independent School District (District) accepts that a portion of the
Improvements are planned on the District's Dawson High School property and desires to
cooperate with the City in the coordination and implementation of that portion of
Improvements that are planned on District property;and
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Whereas, the District and the City desire to set forth an agreement to set forth
their respective responsibilities with regard to the Improvements;and
Whereas, this Agreement is entered into pursuant to the authority of the
Interlocal Cooperation Act,V.T.C.A. Gov. Code Sec. 791.001 et seq.
WITNESSETH
NOW THEREFORE, in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is hereby agreed as follows:
Responsibilities of the Parties
A. District shall grant TXDOT and its contractors access and permission to
construct a portion of the Improvements on District property located along
Cullen Boulevard in front of Dawson High School as more accurately
shown on Exhibit "A" attached hereto ("District Portion"). The District
Portion shall include the planting of trees and installation of an irrigation
system with a water tap and meter in accordance with Exhibit"A."
B. District shall own,operate,and maintain perpetually the District Portion of
the Improvements, as a separate system isolated from the other
Improvements along the remainder of the corridor.
H. MISCELLANEOUS
A. City and District recognize and agree that City, in performance of the
TxDOT agreement, shall act as an independent contractor and shall have
control of its own work and the manner in which it is performed.
B. City and District shall comply with all applicable laws, regulations and
requirements in performance of their respective obligations under this
agreement.
C. City and District recognize and agree that nothing herein shall be
construed to create any rights in third parties beyond that provided in
Section 1.A.
D. City and District agree that no party shall have the right to seek
indemnification or contribution from any other party hereto for any losses,
costs, expenses, or damages directly or indirectly arising, in whole or part
form this Agreement.
F. Whenever possible,each provision of this agreement shall be interpreted
in such a manner as to be effective and valid under applicable law, but if any
section, subsection, paragraph, sentence, clause, phrase, work or portion of
this Agreement is, for any reason, held invalid unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
G. The Rights and Obligations of this Agreement shall not be assigned
without prior written consent of the City and District.
H. This Agreement may only be amended, modified, or supplemented in
writing and subsequently signed and dated by the City, as acted upon by its
Council.
Each person signing below represents that he or she has read this Agreement in its
entirety, including any and all attachments and exhibits, understands its terms, is duly
authorized to execute this Agreement on behalf of the party indicated by his or her name
below and agrees on behalf of said party that the party will be bound by these terms.
SIGNED and ENTERED his it,-d day of Q ,2016.
Pearland Independent School District
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Resolution No. R2016-89
Exhibit "A"
REIMBURSEMENT & MAINTENANCE AGREEMENT
This Agreement is entered into this .23 day of /nay , 2016, 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 desire the construction of Cullen Boulevard Corridor
Enhancements (hereinafter "Improvements"); 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, Keep Pearland Beautiful ("KPB") was awarded a Governor's Community •
Achievement Grant ("Grant") for the beautification of state corridors, and Cullen
Boulevard (FM 865) has been selected as the corridor to receive improvements through
the Grant; and
WHEREAS, the PEDC and City entered into a reimbursement agreement on October 12,
2015 to fund the cost of the construction of the Phase 1 Improvements located between
Clear Creek and McHard Road; and
WHEREAS, the Texas Department of Transportation ("TXDOT"), in partnership with KPB,
PEDC, and the City, will be implementing the Phase 2 Improvements along Cullen
Boulevard between McHard Road and Broadway; and
WHEREAS, the PEDC desires to fund the cost of the construction of the Phase 2
Improvements that exceed the amount of the TxDOT funding; and
WHEREAS, PEDC approved funding for the Phase 2 Improvements at its April 28,
2016, Board of Directors' meeting, after conducting a public hearing on the project; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Improvements.
1
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. The Phase 2 Improvements to be installed by TxDOT include, but are not limited
to: plantings, irrigation, and pavers, as more accurately described in Exhibit "A".
2. The total cost of the Phase 2 Improvements is estimated to be $598,000, as
itemized in Exhibit "B" hereto attached. PEDC shall fund an amount equal to the
actual cost of the Phase 2 Improvements that exceeds the TxDOT funding, which
amount 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.
3. PEDC agrees to maintain the Improvements from Clear Creek to Broadway,
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.
4. The initial term of this Agreement shall be for a period of twelve (12) months,
commencing on the day of , 2016, and may be renewed as needed
until the Improvements are substantially complete.
5. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
6. 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.
7. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
8. 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.
9. This Agreement shall beconstrued and enforced in accordance with and governed
by the laws of the State of Texas.
10. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
11. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
12. 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
1200 Pearland Parkway, Suite 200
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-profit
rporation
A/
By:
Rushi Patel
Chair
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CITY OF PEARLAND,
a Texas municipal cor oration
By:
Cla earson
City Manag
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EXHIBIT B
Cullen Corridor Enhancements
McHard to Broadway
Cost Estimate
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,45 Nl ASSOCIATES
Pearland Cullen Boulevard 9/24/2015
Landscape Improvements -TxDot Section 114-048
Preliminary Cost Estimate
TX Dot Project
Item Qty. Unit Unit Cost Extension
General
Mobilization & General Conditions 541,000 LS $ 0.04 $ 21,640.00
Bonding 541,000 $. 0.03 $ 16,230.00
Traffic Control 1 LS $ 5,000.00 $ 5,000.00
Landscape maintenance
180 days extended maintenance 3 LS $ 2,000.00 $ 6,000.00
Subtotal General $ 48,870.00
Medians
Soil repair- 1" - 1 1/2" compost in
lawn areas (12192 SF) 12,192 SF $ 0.30 , $ 3,657.60
Crapemyrtle - 65 gal. 44 EA $ 600.00 $ 26,400.00
Groundcover/planting - 24" o.c. 6,500 SF $ 6.00 $ 39,000.00
Concrete mow band 218 LF $ 40.00 $ 8,720.00
1"Water Meter 8 EA $ 800.00 $ 6,400.00
Battery Controller 8 EA $ 350.00 $ 2,800.00
Irrigation - by area 20,600 SF $ 1.00 $ 20,600.00
Irrigation -per tree 44 EA $ 50.00 $ 2,200.00
Irrigation bores 45 LF $ 60.00 $ 2,700.00
Subtotal Medians ' $ 112,477.60
West Right Of Way- Paver Band
Paver band on concrete base
(paver type to match Pearland standard) 17,287 SF $ 18.00 $ 311,166.00
Subtotal Pavers $ 311,166.00
Trees and Irrigation at School & Municipal Court
Compost root zone area - 2" x 36 sf/tree 60 EA $ 20.00 $ 1,200.00
Live Oak-65 gal. 18 EA , $ 600.00 $ 10,800.00
Water Oak-30 gala 18 EA $ 450.00 $ 8,100.00
Cedar Elm- 30 gal. 17 EA $ 450.00 $ 7,650.00
Live Oak-65 gal. (Municipal Court) 12 EA $ 900.00 $ 10,800.00
Irrigation - piping (School Trees Only) 1,500 LF $ 20.00 $ 30,000.00
Irrigation - per tree (School Trees Only) 53 EA $ 50.00 $ 2,650.00
Subtotal School $ 71,200.00
Subtotal $ 543,713.60
10% Contingency $ 54,371.36
TOTAL TX DOT PROJECT $ 598,084.96
Add Alternate - crown median 4" at center with topsoil and re-hydromulch (compost Continue