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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. f TOM REID MAYOR ATTEST: • flAr Y� NG LO: I ', TR j' f4-/ 4_ S Y SEC-9' ARY 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 f 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 9A)1 -41{iL ATTEST: CITY OF P D Clay frr on, Ci ager ATTEST: Q �Ho g 4o75, Sec =�' "....")'17 .: y • Irar.c.=.1......w.x WAN•Pap 1 r 4.04C COMO./••• I"••••NMI NV Orrn Oreeksa• "41 CLARK CONDON ..........,r,tar..CO...• GUMMI 0,KON,011...OTOS, ,,, •••.0 C,..14 A 1...!• OM C•Vt•P•It-1.1•C•0•••• 0.4.41-11■no 1...rel Swam% 1.1•10. • ,.... fte,•-r••■•••••••••••".'... WO Ho. .saw. k..• • ■ ••\ •••. '..v. ••••••■•:i _:..i II': X 1.>?2•. --- .......•-•-•.......,-...— .... 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NM DM w.1AApi a M'31331 0•11.M Mi•O••0303,. w.......... r. ■ �wK .0 a rtvVN nrw 6 r •33 w 3I /. . . 5'•a _ ` Ott — - MUM s c F 2 � I o.:w Warn. s , •--•!r l -, _-. W .9 n 5 chi . tt • _—'-- _.--- —_----- — 3 �+WOO.3.33.fora ••N•1331.131M.t ben q M rllf 3 I �M,R]M.1M AA�-63 • M..M.O..OwM A/f WM w+ue•r•r. FC q'..f i1RMlt•Q1MtlPS GfN,wrp.r, SHEET, t ,w1A,•1..sa . r d w L1 .03 9 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 . r 3 CITY OF PEARLAND, a Texas municipal cor oration By: Cla earson City Manag ATTEST: ng L.AfIng Seer—tary ft %S--- e: fi 11111 1‘0%% 4 E - ,t-:-. ''''' - '-'.'.i------- • • , -.Tia-ii- • - -;„-- - - • it,..4 _ 1 -- 4logwoottm, r . I <7 At=*41 I ` l 1' I ' ' •`•* 4 . -,7 - '' - i -, t• ... - ,,A.•••::4-..f' f• s..,e4,e--' i e.,, ,_ ,, r: y-,:::- • , -,_ , ma a• , ig ' .A. ) \•,' ...I . •, . CLLLEN ROAD LAYOUT .. , ..,. . < ----- S EXHIBIT B Cullen Corridor Enhancements McHard to Broadway Cost Estimate • ' A CLARK CONDON ,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