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R-2016-164 2016-09-12
RESOLUTION NO. R2016-164 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, Brazoria County and Pearland Municipal Management District No. 2 associated with the SH288 Corridor Hardscape 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, Brazoria County and Pearland Municipal Management District No. 2, 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 SH288 Corridor Hardscape Enhancement Project. PASSED. APPROVED and ADOPTED this the 12th day of September, A.D., 2016. ATTEST: NG LOING, TR Y SEC' ARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Zri TOM REID MAYOR y_ V. NEW BUSINESS D COST SHARING/REIMBURSEMENT AGREEMENT Resolution No. R2016-164 Exhibit "A" This Agreement is entered into this I,, ` day of Se ' nnb k 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 an office suite on the 3r`' floor of City Hall for PEDC use (hereinafter "Improvements"); and WHEREAS. the PEDC desires to fund a portion of the construction of the Improvements and associated common areas: and WHEREAS. PEDC approved funding the Improvements for the City at its July 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 and reimbursement of said costs. 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. City shall be responsible for designing and constructing the Improvements more accurately described in Exhibit "A" attached hereto. 2. Upon the approval of the plans and specifications by the City, City shall obtain pricing as part of its overall project in accordance with Local Government Code Chapter 252 for the construction of the Improvements among the City's overall improvements. City shall review the bids and award a contract to the lowest responsible bidder generally following the approved plans and specifications of the Improvements by the City. City reserves the right to reject any and all bids for the construction of the Improvements. Following award of the bid by City, City shall cause construction of the Improvements to commence on or before November 1, 2016 ("Commencement Date"), and shall cause the Improvements to be completed in accordance with the plans and specifications within a reasonable period of time. 3. The total cost of the Improvements is estimated to be $3,294.841 as itemized in Exhibit "B" attached hereto. The PEDC agrees to fund estimated costs of $536,768 or 16.3% of the Improvements or actual amount ("PEDC Participation"). The PEDC Participation amount shall be paid to the City in installments or a lump sum amount to the City. 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 PEDC Participation amount. 4. The initial term of this Agreement shall be for a period of twelve (12) months, commencing on the 12.3' day of 't-`--3kt,r,1 er , 2016, and may be renewed as needed until the Improvements are substantially complete. This Agreement addresses the physical construction of the space for PEDC to occupy. The Administrative Services Agreement between the City and PEDC will be amended to address ongoing expenses. 5. The Cost Sharing/Reimbursement Agreement here is for the physical space of the PEDC offices only. The furniture and fixtures for the space shall be secured owned and installed solely by the 1 V. NEW BUSINESS D. Cost Sharing Reimbursement with City of Pearland PEDC. The City shall coordinate with PEDC for the technology, utility or other needs for the completion of the space. 6. This Agreement may only be amended. modified, or supplemented by written agreement and signed by both parties. 7 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. 8. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. 9. 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. 10. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 11. To accomplish execution of this Agreement, it may be executed in multiple counterparts. 12. The Parties agree that any suit arising out of or related to this Agreement shall be filed in Brazoria County Texas. 13. 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: If to PEDC: City of Pearland Attn: Clay Pearson, City Manager 3519 Liberty Drive Pearland, TX 77581 Pearland Economic Development Corporation Attn: Chairman 3519 Liberty Drive. Suite 300 Pearland. TX 77581 Notice delivered in accordance with the terms hereof shall be effective upon receipt. V. NEW BUSINESS D. Cost Sharing Reimbursement with City of Pearland 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 corporation By: Rushi Patel Vice -Chairman CITY OF PEARLAND, a Texas mun. ipal corporation By: Clay 'ears• City Mana • er ATTEST: 1 CI y Secretary 3 Resolution No. R2016-164 Exhibit A SH 288 Corridor Master Improvements Plan 8 CLIENTS: PEAR PEARLAND MUNICIPAL MANAGEMENT DISTRICT #2 PEARLAND BEAUTIFICATION STRATEGY: 288 CORRIDOR MASTER IMPROVEMENTS PLAN APRIL 2014 PREPARED BY: CLARK CONDON ASSOCIATES TABLE OF CONTENTS INTRODUCTION Project Introduction Site Analysis Graphics & Existing Conditions Workshop Summaries Design Inspiration P 1 - 2 P3-8 P 9 - 12 P 13 - 14 © 288 CORRIDOR Landscape Expressions P 17 - 20 Design Character P 21 Sculptural Pear Element P 22 288 Corridor Renderings P 23 - 26 PHASING AND COST ESTIMATE Site Breakdown and Phasing P 29 - 30 Landscape Improvements Preliminary Cost Estimate P 31 - 38 O ACKNOWLEDGEMENTS P 39 PEARLAND BEAUTIFICATION STRATEGY STUDY PROJECT INTRODUCTION w 90OAf.VY St At sr C0.1D M -v u 7.77 .1•0,.10 .11te 14. 4 1 rM su 1101110.•0• ~. 90,010010 01l 7 1741 ' I:r,1• w Me y.,r u,.n.G:Aer 14s,i10.1.5110wr .1.1.1ngr«10r Ih•nr,1 u' 0 In 1892 William Zychlinski bought 2560 prime acres of land along the Gulf Colorado and Santa Fe Railways, and by 1894 he had platted out the original 'pear land' town site. He named the east -west streets after fruit trees such as Walnut and Pear, and named the north -south streets after cities including Austin, San Antonio and Pearland The following year the Southern Homestead Company promoted the area as having agriculturally prosperous land, which spurred development and established the community. Today Pearland is one of the fastest growing cities in the Houston -Metropolitan area and the state of Texas. Recent development provides a vibrant community with close proximity to Houston, as well as quick access to NASAs Johnson Space Center/Clear Lake City area, Galveston Island and the Gulf Coast In 1995 the Pearland Economic Development Corporation (PEDC), was established to lead economic development and attract and retain businesses The PEDC addresses transportation concerns, mobility and infrastructure issues and the Lower Kirby Urban Center The PEDC also spearheads strategic improvements to City corridors and helps support City beautification efforts A City goal and a priority of the Pearland 20/20 Strategic Plan is to enhance the appearance of the 288 Corridor in order to sustain its economic prosperity, particularly as it is one of the main points of entry into the City of Pearland. This strategic objective is defined as the following Optimize the development potential of Pearland' principal commercial corridors Quality corridor development pairs traffic management solutions with land use planning, commercial development strategies, and multi -modal connectivity solutions Token together, these strategies can tum corridors into vibrant and interesting spaces that ore visually appealing, create a sense of place, stimulate investment from private business and ensure Pearland's retail sector remains vibrant As a result of this priority, the Pearland Municipal Management District #2 was established in 2013 with the goal of providing capital and leadership to see this objective into fruition In the impetus of creating a Master Improvements Plan for the District, Clark Condon Associates, Inc was retained to develop the Beautification Strategy Study. The goals of this study were three -fold Design a conceptual prototype for City Gateways and identify entry points into the City. • Develop a Master Improvements Plan for the beautification of key intersections along the 288 Corridor. • Provide a Streetscape Landscape Evaluation with re-evaluated maintenance specifications and recommendations for future improvements A diverse committee was established to help lead this effort. Representing a broad group of PEDC and City Staff, the District Board of Directors, Keep Pearland Beautiful and the Chamber of Commerce, the Committee was involved in guiding the scope of work, reviewing project deliverables and providing feedback through a series of workshops. The following report outlines the process that led to the solution for the 288 Corridor Master Improvements Plan. The strength of design in corridors and intersections can determine the identity of place and create an experience for all who pass through. The use of vertical structures, strong forms and intensive landscaping are tools that can establish a lasting dynamic for the 288 Corridor, which acts as the major arterial for the City of Pearland. The collection of precedent images shown here in Fig. 1.1 shows examples of measurable intersection and corridor development. Fig 1.7 , imples of how a city or place can utilize distinctive features to create character, drama, and identity. PEARLAND BEAUTIFICATION STRATEGY STUDY SITE ANALYSIS GRAPHICS & EXISTING CONDITIONS The 288 Corridor through Pearland extends from the southern side of the Beltway 8 intersection for 3.8 miles south to County Road 59, the extent of the City limits. The current state of the corridor is inconsistent. Tarnished concrete, broken curbs and sidewalks, litter, weed growth and unkempt landscape distract from the new and vibrant development flanking both sides of the corridor. Some areas between the access roads and the right-of-way limit are nicely landscaped by adjacent businesses, but much of the undeveloped property along the frontage appears overgrown. Remnants of abandoned pavement are apparent in the large TXDOT land parcels at the intersections of Broadway/FM 518 and McHard. The abundance of signage and electrical poles add to the visual clutter. Additionally, the corridor presently has north -south lanes generously separated by a large greenspace between the lanes. The future toll road development for 288 is scheduled to occur in this greenspace which will significantly increase the expanse of concrete. The current aesthetic does not project the image that the City of Pearland wishes to portray to residents and visitors nor increase the marketability of the 288 Corridor for development. Fig 1.2a Picture matrix depicting current state of 288 Corridor hordsrape Fig 1.2b Picture matrix depicting current state of 288 Corridor vegetation In the development of a Master Improvements Plan for the beautification of the 288 Corridor, it will be necessary to define opportunities and areas to make effective improvement. The TxDOT land parcels at the intersections of 288 and McHard and 288 and Broadway/FM 518 offer an opportunity for a comprehensive, 'signature' landscape development that would be apparent to travelers along 288. It would also have the dual benefit of visually establishing the roadways of Broadway/ FM 518 and McHard as two of the most important gateways into the City. Proactive coordination with TxDOT as the tollway plans are developed would be a great benefit to the beautification effort, especially for any new construction that may be done at interchanges and tollway signage. Secondary intersections along the corridor, the linear landscape areas between the main lanes and the access roads, and the areas between the access roads and the highway rights-of-way limits also offer some opportunity for improvements and increased landscaping along the corridor. A comprehensive maintenance plan for landscape and litter control of the entire 288 Corridor would help significantly to increase the aesthetic of this important roadway through the City. O PEARLAND BEAUTIFICATION STRATEGY STUDY SITE ANALYSIS GRAPHICS & EXISTING CONDITIONS Adrive down the 288 Corridor reveals an artificial topography to the driver as the car moves from bridge overpass to natural grade and back up to the next overpass. This undulation creates a sense of vertical movement through a linear space. The traveler along the corridor can also perceive that the roadway visually expands horizontally at the Broadway/FM 518 and McHard intersections due to the Targe, undeveloped TxDOT land parcels. Overpasses at these two major intersections facilitate views down into the open spaces. Improvements at these intersections would create special nodes within the Pearland 288 continuum. Along with increasing the visual aesthetic of the corridor, these nodes would provide drivers with a sense of visual crescendos and decrescendos. 288 - ........ - CR 59 SOUTHFORK Fig 1.3 Graphic illustrating the vertical and horizontal movement of the 288 Corridor w. It; DWAY ------------ -------------- 518 SOUTHBOUND 288: AP AT BROADWAY/FM 518 DISCOVERY BAY SHADOW CREEK HUGHES RANCH MCIIARD -------------- ----------- - BELTWAY 8 BELTWAY 8 SOUTHBOUND 288: VIEW FROM UNDER BELTWAY 8 0 PEARLAND BEAUTIFICATION STRATEGY STUDY SITE ANALYSIS GRAPHICS & EXISTING CONDITIONS CR 59 W. BROADWAY SOUTHFORK Fig 1.4 Graphic illustrating spatial delineation of the 288 Corridor FM 518 DISCOVERY BAY A HUGHES RANCH SHADOW CREEK MCHARD BELTWAY 8 sgI I ••""' BELTWAY 8 The vertical and horizontal movement of Highway 288 and the open space at each of the major cross -streets suggest the development of nodes that would accent the experiences of openness and enclosure, helping to soften the effect of the expansive highway. To highlight these nodes and strengthen their spatial development, mass plantings of trees, shrubs and wildflowers are proposed. The manipulation of the landform through grading would add drama to these areas with the added benefit of providing detention storage required for the tollway additions. The experience of passing through these spaces from the cross streets, under the overpasses, provides another 'local' layer to the driving experience. Figure 1.4 illustrates the spatial development of the varying landscape components utilized to articulate the sense of openness and enclosure. Light to dark, the three colors indicate the increasing height of plant material. A specific combination of plant species would provide interest by varying forms, textures and colors. PEARLAND BEAUTIFICATION STRATEGY STUDY WORKSHOP SUMMARIES PROCESS This study began with a series of workshops moderated by Clark Condon Associates, Landscape Architects; Matt Buchanan, PEDC; and the Pearland Municipal Management District #2 with the various stakeholders to the project and interest groups in the City to explore ideas and goals for improvements to the City Gateways and 288 Corridor. These workshops included a City Gateways Workshop, 288 Corridor Workshop, Pearland Municipal Management District Board of Directors meeting and additional meetings with City staff and TxDOT representatives. The information received throughout the workshop process was relevant to the development of both the City Gateways and 288 Corridor, thus the documentation of all workshops can be found in both reports. The following pages outline the significant points from each workshop. WORKSHOPS Sepbmber 26, 2013: City Gateways Workshop Participants: Staff from the PEDC, City of Pearland, Keep Pearland Beautiful, the Pearland Convention and Visitors Bureau and the Pearland Chamber of Commerce. The City Gateways Workshop participants explored the character of the City and the goals for the development of Pearland's City Gateways. The following comments and ideas emerged from this workshop: Observations: • The citizens of Pearland are excited about their community and have strong ideas about new opportunities and improvements. • Pearland has good proximity to Houston and the Gulf Coast, the airport and medical center. • The image of Pearland is generally of a population that is young, educated, and culturally diverse; the City is considered welcoming and affordable. • Employment sectors include medical, NASA, tourism and the energy sector. • The group considers Pearland to be in the upper tier of communities in the region; it's a 'big city with a small town feel' • Pearland istheonlytowninthe world with the name Pearland and citizens identify with the use of the Pear as a logo. The name denotes the agricultural history of the town. • Gateways should identify Pearland in an appropriate scale. • Designs should blend the old with the new; the traditional with the modern - and should be timeless and classic. • The 'swoosh' design on existing gateways is not popular and the consensus of opinion is that existing signs should be phased out. • Multiple logos for signage and print graphics are being used by different groups such as the City Parks Department, PEDC, KPB and CVB. The consensus from the group was not to create a new logo, but to be aware of the style and colors that currently exist and incorporate them into the City Gateway development. October 2, 2013: 288 Corridor Master Improvements Plan Workshop Participants: Staff from the PEDC and the City of Pearland. The 288 Corridor Master Improvements Plan Workshop participants explored the vision for this highway and the goals for its future development. The following comments and ideas emerged from this workshop: Observations • 288 Corridor improvements should create a city 'brand' — a global image that can be used consistently throughout the City • Travelers on 288 should know they are passing through Pearland. • The uniqueness of the City name could be used in branding opportunities. • Design should bring together new development and older/rural areas. • Creativity should not be limited but should still be acceptable to City businesses. • The scale should be 'large,' in keeping with the scale of the 288 Corridor. Improvements along the 288 Corridor were discussed to include both hardscape and planting solutions. The numerous bridges along the 288 Corridor through Pearland create opportunities for a powerful design statement. Underpasses can help set a character for the City and streetscapes as these intersections can be considered points of entry to the City. Improvements could include upgrades to paving, bridge retaining walls, unique lighting, new signals, pavers, paint, and special plantings. Elements at intersections, bridges and along the corridor could include tiered plantings, TxDOT standard reforestation, ornamental lighting and special signage. Old 288 exit ramps should be removed as a part of corridor improvements. There are opportunities for design between the main lanes and the access roads, access roads to the rights-of-way, areas of existing sloped pavements and other existing elements along the corridor. Design should allow for future expansion and be able to connect existing elements to improvements. The triangular open spaces at the intersections of McHard and Broadway/ FM 518 with 288 could provide opportunities for dramatic improvements. A strong landscape planting scheme would project a positive, memorable image. Overhead power lines along 288 are unsightly and major transmission lines are a dominant visual. The preference would be to bury lines, although the cost may be prohibitive. Consideration of other ideas to help draw eyes away from visual clutter include street light fixtures more in scale with the community. These street lights could function as a design element, and LED fixtures have the added benefit of power savings. Long-term sustainability of the project is important. Long-term maintenance strategies for any landscape plantings installed should be considered and defined. Irrigation should be included where needed to maintain plantings. Other points of discussion included coordination elements of the 288 Corridor. HDR Engineering is working on the Brazoria County Section of the toll lanes. `Octobers an* Municipal Management District Master Ifpro em Plan Directors M sting Participants: The attendees of the 288 Municipal Management District Meeting on the Master Improvements Plan: This Directors meeting explored the vision and goals for the development, funding and maintenance of Pearland's 288 Corridor. The following comments and ideas emerged from this workshop: Observations: • Young professionals working in Houston are the primary growth sector for the City of Pearland, as the City is sometimes called a "bedroom community." • New development is modern and people are drawn to the shopping, healthcare and neighborhoods available in Pearland. There is a question as to whether the goal for marketing the area is more adapted to citizens or visitors. • The marketing emphasis is that Pearland is attractive to corporations because of available land and business -friendly economic policies. • Wayfinding is an issue in Pearland as some streets have two different names and street names often change at 288. • Identification is a community -wide issue. The east and west areas of the City are distinctively different with contemporary vs. traditional characters. Comments Informing Design: • Overall design character should be crisp, clean and timeless. • The design should create an image for Pearland that is easily identifiable. The identifier of the Pear is distinctive; it sells the idea of warmth and small town community. • The 288 Corridor can become a catalyst for future development by creating important identifiers on north and south ends of 288. • Consider the sustainability of any design options. The group discussed strategies for identifiable features, including the plantings at Greenway Plaza and holiday decorations at The Galleria as examples. Ideas included the use of color in hardscapes, as well as seasonal changes such as banners and holiday decorations. In the short term more frequent mowing, curb repair, power washing and trash pickup along 288 can help to improve the City's image. The group is also tasked to explore funding methods. Contributors identified to aid the 288 Corridor development could be PEDC, City of Pearland, TxDOT and KPB. October 11, 21113: Review 'Engineering Plans for; rt Corridor Participants: City of Pearland Engineering staff, TxDOT representatives and Engineers for 288 Tollway development plans. Plans for the development of the toll lanes and associated improvements along the 288 Corridor through Pearland were reviewed and discussed. Opportunities for improvements were explored as a part of the two phase tollway development and/or in tandem with the tollway development. The possibility of a new overpass at Broadway/FM 518 could allow for design input on hardscape elements PEARLAND BEAUTIFICATION STRATEGY STUDY WORKSHOP SUMMARIES such as bridge abutments, retaining walls, pavers and paint. Modifications to TxDOT signage are possible. October 31, 2013: Meeting to Review Goals for 288 Corridor Participants: TxDOT Landscape Architect, Staff from the PEDC and the City of Pearland. TxDOT has a 20' x 20' guideline for the area allowed for typical monumentation at bridge overpasses. TxDOT is open to ideas from development partners, and implementation is not limited as long as the partner is willing to be responsible for maintenance. November 13, 2011. Initial Master Improvements. Plan Presentation Participants: Staff from the PEDC, City of Pearland, Keep Pearland Beautiful, the Pearland Convention and Visitors Bureau and the Pearland Chamber of Commerce. Clark Condon Associates presented the Beautification Strategy Study at the PEDC office where the stakeholders and committee members were exposed to the 288 Corridor landscape plans and City Gateway concepts for the first time. While the meeting was largely informative for the audience, it was equally beneficial to the progression of the study as a whole. Comments from the meeting included the following: Comments: • Do not split the words 'pear' and 'land' in the City Gateways. Use color to help with graphic distinction. • Be careful using 'trendy" colors in both the gateways and the art sculptures. • TxDOT may reconstruct the entire intersection at Broadway/FM 518; we can influence design decisions if we coordinate early on in the process. • The art sculpture should look more like a pear slice and less abstract. • The project should have the ability to be broken into phases to be completed over time. February 26, 2014: Final Master Improvements Plan Presentation Participants: Staff from the PEDC, City of Pearland, the Pearland Convention and Visitors Bureau, the Pearland Chamber of Commerce and the Pearland Municipal Management District #2. Clark Condon Associates presented the final design options based on input from previous presentations and participant comments. Opportunities for layering and partnership were discussed as tactics for leveraging this plan into reality. The final solution was designed specifically so that improvements could be prioritized and allow for enough 'Iow hanging fruit' to initiate small but impactful changes. The Master Plan was well-received and the next step is to determine partnerships, funding and the timeline of the tollroad construction before proceeding to a further level on the design. C) PEARLAND BEAUTIFICATION STRATEGY STUDY DESIGN INSPIRATION earland is a truly unique place as it is the only City in the world bearing this name; thus the use of the pear form is an important identifier for the City The pear, and all its inherent properties, can be integrated and represented through interesting patterns of design. The curvature of the pear and the sprawling form of the tree suggest an organic texture that could be incorporated into design. Undulating, purposeful and strong textures can evoke feelings of growth and represent the changing City. The rich colors of the pear tree's fruit and foliage from spring to fall suggest a palette of warm colors. The use of the pear, along with its colors and patterns, were considered in the design of improvements reflected in the Master Improvements Plan. Fig 1.5 Picture matrix illustrates how o variety of inspiration points can be derived from a single object - the peor 288 CORRIDOR DESIGN CONCEPTS PEARLAND BEAUTIFICATION STRATEGY STUDY LANDSCAPE EXPRESSION: OPTION ONE Fig 2.1 Pion view of Option One at the intersection at McHard and 288 5 SIDEWALK SPECIALTY ROAO LIGHTING GATEWAY SIGNAGE LOCATION OLEANDER WILDFL OWERS Mass tree plantings atop rolling earth forms frame and enclose the large open spaces at each of the major intersections (see figure 2.2). The manipulation of the landform adds to the drama of landscape while allowing for needed site detention. The berms create a powerful backdrop for mass tree plantings, colorful shrubs and wildflower meadows. Improvements to the hardscape and planting at the intersections could include special paving, sidewalks, intensive plantings and lighting. The use of special form liners for concrete work at new bridge abutments could greatly enhance the appearance of the underpasses SPECIAL PAVING MASS TREE PLANTING DETENTION AREAS Fig 2.2 Cross-section of a typical rntersecton corner mowed turf edge wildflowers on slopes of detention basin mass plantings of oleander trees atop a rang berm to create backdrop for colorful plantings and frame the space PEARLAND BEAUTIFICATION STRATEGY STUDY LANDSCAPE EXPRESSION: OPTION TWO Fig 2.3 Plan view of Option Two of the intersection at McHard and 288 6 SIDEWALK SPECIALTY ROAD LIGHTING GATEWAY SIGNAGE LOCATION OLEANDER WILDFLOWERS Option two takes advantage of the required TxDOT detention areas and utilizes the space to create permanent lakes with fountains, further increasing the prominence of each intersection. The fountains and lake would add to the sense of arrival for those entering the City of Pearland. The excitement and sound of falling water would further enhance the sensory experience of each intersection. SPECIAL PAVING MASS TREE PLANTING DETENTION LAKE WITH FOUNTAINS Fig 2.4 Cross-section of a typical intersection corner with detention lake mowed turf edge fountain within the permanent detention lake mass plantings trees atop a roiling berm to create o of oleander backdrop for colorful plantings and frame the space PEARLAND BEAUTIFICATION STRATEGY STUDY DESIGN CHARACTER Detail components can reinforce the design aesthetic employed throughout a project. Lighting, form liners, special paving, increased planting, and maintenance are being employed as detail components for the 288 Corridor. The addition of appropriately scaled decorative lighting at the intersections of Broadway/FM 518 and McHard would introduce a complimentary element to further define the nodes and increase safety and ease of travel. Working with TxDOT in the planning phases could allow for upgraded design elements at the proposed new development at the intersections. The current TxDOT standard for the region is the wave pattern, which can be seen at the CR 59 intersection. A slight variation (Fig 2.Sb) is proposed for the 288 Corridor as a possible upgrade for the new headwall structure. The application of the custom pattern maintains continuity with the TxDOT wave theme but separates Pearland as a distinctive place to live. Increased planting at the two main intersections (and to a reduced level at secondary intersections) would help to designate these spaces as important areas. Special pavers in the medians and under the overpasses would add a rich character through the use of color and pattern (see Fig 2.10). Sidewalks should be added to improve pedestrian safety and encourage alternate forms of transportation across the corridor. Between developed intersections, large groups of wildflowers could be added at strategic locations. Increased maintenance in mowing and litter removal would improve the appearance and image of the City as a whole. • Fig 2Sb Detail view of custom concrete form liner Fig 2.So Suggesnon for scale of specialty rood lighting Fig 25c Contextual view of custom concrete form liner SCULPTURAL PEAR ELEMENT he pear was the inspiration for T a dramatic sculptural form to be used along the 288 Corridor. This vertical 'art piece' is proposed to be placed in a series of six, on each side, over the two key intersections of Broadway/FM 518 and McHard. This signature sculpture can be a dramatic, memorable and identifying feature for all travelers along the Pearland corridor The proposed sculpture could be a metal dad frame that is internally lit to increase the visibility and prominence at night These sculptural forms are meant to express the progress of the City as well as its history, tradition and special name. Fig 2.6 Abstract pear scu.'pture scale :n reference to on SUV vehicle PEARLAND BEAUTIFICATION STRATEGY STUDY INTERSECTION AERIAL RENDERINGS MASS TREE PLANTING OLEANDEF WILDFLOWER MEADOW GRAPHIC SIGNAGE FUTURE TOLL LANES r .0 1• i Fig 2.7 A bird's eye view of the Intersection at Broadway/FM 518 and 288 MASS TREE PLANTING OLEANDER SPECIALTY ROAD LIGHTING WILDFLOWER MEADOW PEAR SCULPTURE (sap St& CBb EXISTING LANES FUTURE TOLL LANES - Fig 2.8 An oenol wew approaching the intersection of Broadway/FM 518 and 288 PEARLAND BEAUTIFICATION STRATEGY STUDY INTERSECTIONS AND UNDERPASSES WILDFLOWER MEADOW- , 0Sig *Jr SPECIAL PLANTING SPECIALTY ROAD LIGHTING PEAR SCULPTURE 6' SIDEWALK Fig 2.9 Elevation of proposed 288 intersection and underpass. PEAR SCULPTURE SPECIAL PLANTING 6' SIDEWALK CUSTOM FORMLINER AND PAIN SPECIAL PAVING : 411ff...4ov Fig 2.10 Detail view of a proposed 188 underpass PEARLAND BEAUTIFICATION STRATEGY STUDY SITE BREAKDOWN AND PHASING CR 59 Southhvk Ur 9.4 !.11ni .i' .rt <mu.daot. sk :nro W. Broadway Dr. FM 518 • 8€ AREA 6 AREA 5 Priority Area A R 1 $481,000.00 $5,085,000.00 $466, To increase the feasibility of the project the scope of improvements has been broken down by area. Each area represents a segment of the 288 Corridor that is part of the Pearland Municipal Management District #2. The following pages divide the preliminary costs of each area with break down of line items. The intersections of Broadway/FM 518 and McHard (areas 3 and 5, respectively) have been deemed priority areas due to their importance to the City now and in the future. Discovery Bay Dr. J\ Hughes Ranch Rd. Shadow Creek Pkwy McHard Rd. 4 AREA 3 PnarrryArea AREA 2 $219,000.00 )0 $6,295,000.00 AREA 1 $1,618,500.00 PEARLAND BEAUTIFICATION STRATEGY STUDY PRELIMINARY COST ESTIMATE Summary Area 1 - Beltway 8 Intersection: All Four Corners S 1,618,428.00 Area 2 - Beltway 8 Intersection to McHard Intersection S 218,709.00 Area 3 - McHard and 288 Intersection S 6,295,072.00 Area 4 - McHard Intersection to FM 518/Broadway Intersection S 465,876.00 Area 5 - FM 518/Broadway and 288 Intersection S 5,085,247.00 Area 6- Broadway Intersection through CR 59/South Fork and 288 Intersection S 480,736.00 Total of Master Plan Improvements S 14,164,068.00 ® Area 1 - Beltway 8 Intersection: All Four Corners Item Qty. Unit Unit Cost Extension Gateway Markers 2 EA $ 40,000.00 $ 80,000.00 Tree Plantings (45 gal., 20' o.c.) 2,835 EA $ 300.00 $ 850,500.00 Temporary Tree Irrigation 1 LS $ 141,750.00 $ 141,750.00 General Conditions 1 LS $ 53,612.50 $ 53,612.50 Professional Fees 1 LS $ 281,465.63 $281,465.63 Subtotal $ 1,407,328.13 15% Contingency $ 211,099.22 Total Area 1 -Beltway 8 -All Four Corners $ 1,618,427.35 PEARLAND BEAGTIFICATION STRATEGY STUDY PRELIMINARY COST ESTIMATE Area 2 - Beltway 8 Intersection to McHard Intersection Item Qty. Unit Unit Cost Extension Fine Grade and Hydromulch 450,000 SF $ 0.25 $ 112,500.00 Wildflowers (20% of area) 90,000 SF $ 0.50 $ 45,000.00 General Conditions 1 LS $ 7,875.00 $ 7,815.00 Professional Fees LS $ 24,806.25 $ 24,806.25 Subtotal $ 190,181.25 15% Contingency $ 28,527.19 Total Area 2 - Beltway 8 Intersection to McHard Intersection S 218,7118.44 Area 3 - McHard and 288 Intersection Item Qty. Hardscape Grading Concrete Walk -6' width Curb Ramps Pavers (demo existing and replace) Paint (existing abutments & columns) Gateway Markers Pear Art Columns Softscape Tree Plantings (45 gal., 20' o.c.) Shrubs (Oleander, 5' o.c.) Mulch Wildflowers Fine Grade and Hydromulch Temporary Tree Irrigation Irrigation Permanent Water & Fountain (partial excavation by TxDOTI Lighting Street lights Electrical Run Electrical Service General Conditions Professional Fees Unit Unit Cost Extension 630,000 SF $ 0.15 $ 10.050 SF $ 4.50 $ 12 EA $ 1,500.00 $ 37,700 SF $ 14.00 $ 8,200 SF $ 7.50 $ 4 $ 40,000.00 $ 12 EA $ 80,000.00 $ Total Hardscape $ 1,620 EA $ 300.00 $ 12,800 EA $ 25.00 $ 5,000 CY $ 35.00 $ 242,500 SF $ 0.50 $ 325,500 SF $ 0.25 $ 1 LS $ 81,000.00 $ 630,000 SF $ 0.60 $ Total Softscape $ 2 EA $ 200,000.00 $ 41 EA $ 3,500.00 7,380 LF $ 20.00 1 LS $ 10,000.00 Total Lighting 1 LS $ 210,537.50 1 S $ 1.052,687.50 Subtotal 5% Contingency Total Area 3-McHard and 288 Intersection 94,500.00 45,225.00 18,000.00 527,800.00 61,500.00 160,000.00 960,000.00 1,867,025.00 486,000.00 320,000.00 175,000.00 121,250.00 81,375.00 81,000.00 378,000.00 1,642,625.00 400,000.00 143,500.00 14 7,600.00 10,000.00 301,100.00 210,537.50 1,052,687.50 5,473,975.00 821,096.25 6,295,071.25 PEARLAND BEAUTIFICATION STRATEGY STUDY PRELIMINARY COST ESTIMATE Area 4 - McHard Intersection to Broadway/FM 518 Intersection Item Qty. Unit Unit Cost Extension Tree Plantings (45 gal., 20' o.c.) 460 EA $ 300.00 $ 138,000.00 Fine Grade and Hydromulch 463,000 SF $ 0.25 $ 115,750.00 Wildflowers (20% of area) 66,000 SF $ 0.50 S 33,000.00 Temporary Tree Irrigation 1 LS $ 23,000.00 $ 23,000.00 General Conditions 1 LS $ 14,337.50 $ 14,337.50 Professional Fees 1 LS $ 81,021.88 $ 81,021.88 Subtotal $ 405,109.38 15% Contingency $ 60,766.41 Total Area 4 - McHard Intersection to Broadway/FM518 Intersection $ 465,875.79 Area 5 - Broadway/FM 518 and 288 Intersection Item Qty. Unit Unit Cost Extension Hardscape Grading 473,000 SF $ 0.15 $ 70,950.00 Concrete Walk -6' width 9,395 SF $ 4.50 $ 42,277.50 Curb Ramps 12 EA $ 1,500.00 $ 18,000.00 Form liner - addition 8,200 SF $ 35.00 $ 287,000.00 Paint and Pavers - by TxDOT 39,600 SF $ $ Gateway Markers 4 $ 40,000.00 $ 160,000.00 Pear Art Columns 12 EA $ 80,000.00 $ 960,000.00 Total Hardscape $ 1,538,227.50 Softscape Tree Plantings (45 gal., 20' o.c.) 1,220 EA $ 300.00 $ 366,000.00 Shrubs (Oleander, 5' o.c.) 9,625 EA $ 25.00 $ 240,625.00 Mulch 3,750 CY $ 35.00 $ 131,250.00 Wildflowers 182,000 SF $ 0.50 $ 91,000.00 Fine Grade and Hydromulch 238,000 SF $ 0.25 $ 59,500.00 Temporary Tree Irrigation 1 LS $ 61,000.00 $ 61,000.00 Irrigation 473,000 SF $ 0.60 $ 283,800.00 Total Softscape $ 1,233,175.00 Permanent Water & Fountain (partial excavation by TxDOT) 2 EA $ 200,000.00 $ 400,000.00 Lighting Street Lights 31 EA S 3,500.00 $ 108,500.00 Electrical Run 5,580 LF $ 20.00 $ 111,600.00 Electrical Service 1 LS $ 10,000.00 $ 10,000.00 Total Lighting $ 230,100.00 General Conditions 1 LS $ 170,075.13 $ 170,075.13 Professional Fees 1 LS S 850,375.63 $ 850,375.63 Subtotal $ 4,421,953.25 15% Contingency $ 663,292.99 Total Area 5 - Broadway/FM 518 and 288 Intersection $ 5,085,246.24 PEARLAND BEAUTIFICATION STRATEGY STUDY PRELIMINARY COST ESTIMATE Area 6- Broadway Intersection through CR 59/South Fork and 288 Intersection Item Qty. Unit Unit Cost Extension Gateway Markers 2 $ 40.000.00 S 80,000.00 Tree Plantings (45 gal., 20' o.c.) 260 EA $ 300.00 S 78,000.00 Temporary Tree Irrigation 1 LS $ 13,000.00 $ 13,000.00 Fine Grade and Hydromulch 500,000 SF $ 0.25 $ 125.000.00 Wildflowers (20% of area) 45,000 SF $ 0.50 $ 22,500.00 General Conditions 1 LS $ 15,925.00 S 15,925.00 Professional Fees 1 LS S 83,606.25 $ 83,606.25 Subtotal $ 418,031.25 15% Contingency $ 62,704.69 Total Area 6 - Broadway Intersection through CR 59/South Fork and 288 Intersection S 480,735.94 Annual 188 Corridor Landscape Maintenance Cost tstimate Area 3 - McHard and 288 Intersection Item Qty. Unit Unit Cost Trees - fertilizer 1 ree pruning Shrubs fertilizer Mulch (1 per year) Wildflowers (reseed 2 years 50%) Mowing - monthly ($125/acre) Turf Fertilization Irrigation (1 visit/month) Area 5 - Broadway and 288 Intersection Tree fertilization Tree pruning Shrubs (Oleander, 5' o.c.) Mulch (1 per year) Wildflowers (reseed 2 years 50%) Mowing - monthly ($125/ac) Turf Fertilization Irrigation (Tree & Shrub areas only) 1,620 EA 1,620 EA 12,800 EA 2,500 CY 242,000 SF 12 EA 2 EA 12 FA 1,220 EA 1,220 EA 9,625 EA 2,250 CY 181,770 SF 12 EA 2 EA 12 EA Extension $ 10.00 $ $ 15.00 $ $ 2.00 $ $ 35.00 $ $ 0.25 $ $ 1,000.00 $ $ 20,000.00 $ $ 800.00 $ Subtotal $ 15% Contingency $ Total $ $ 10.00 $ $ 15.00 $ $ 2.00 $ $ 35.00 $ $ 0.25 $ $ 700.00 $ $ 14,000.00 $ $ 800.00 $ Subtotal S 15% Contingency S Total $ 16,200.00 24,300.00 25,600.00 87,500.00 60,500.00 12,000.00 40,000.00 9,600.00 275,700.00 41,355.00 317,055.00 12,200.00 18,300.00 19,250.00 78,750.00 45,442.50 8,400.00 28,000.00 9,600.00 119,942.50 32,991.38 252,933.88 •All prices are estimated based on current construction costs Allowances must be mode for increasing costs during future development PEARLAND BEAUTIFICATION STRATEGY STUDY ACKNOWLEDGEMENTS Special thanks to the following participants for their influence, leadership and involvement in the making of the Beautification Strategy Study. The following entities were involved in guiding the scope of work, reviewing project deliverables and providing feedback through the series of planned workshops. CLARK CONDON ASSOCIATES Exhibit B Texas Department of Transportation Advance Funding Agreement 9 CSJ # 0598-01-098 and 0598-02-107 District # 12 Code Chart 64 # 62106 Project: SH 288 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the Pearland Municipal Management District No. 2, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221. and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 113967 authorizes the State to undertake and complete a highway improvement generally described as landscape development and maintenance; and WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as landscape development and maintenance, called the "Project"; and, 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, the State and the Local Government do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, AFA-AFA VoITIP Page 1 of 5 Revised 01-23-2013 CSJ # 0598-01-098 and 0598-02-107 District # 12 Code Chart 64 # 62106 Project: SH 288 Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. C. 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. D. 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 by the State to the Project. 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 with approval by appropriate personnel of the Local Government. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. 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. 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes. specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. AFA-AFA VoITIP Page 2 of 5 Revised 01-23-2013 CSJ # 0598-01-098 and 0598-02-107 District # 12 Code Chart 64 # 62106 Project: SH 288 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 — Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the Local Government will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. AFA-AFA VoITIP Page 3 of 5 Revised 01-23-2013 CSJ # 0598-01-098 and 0598-02-107 District # 12 Code Chart 64 # 62106 Project: SH 288 B. If the agreement is terminated in accordance with the above provisions, the Local Govemment will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Govemment, the State, or the Federal Government will be promptly paid by the owing party. 12. 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 or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: President Pearland• Municipal Management District No. 2 3200 Southwest Freeway, #2600 Houston, Texas 77027 State: Director of Contract Services Office Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. 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. 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. AFA-AFA VoITIP Page 4 of 5 Revised 01-23-2013 CSJ # 0598-01-098 and 0598-02-107 District # 12 Code Chart 64 # 62106 Project: SH 288 16. State Auditor 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. 17. 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. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. TH OCAL GOVERNMENT ture Will Deane a2_,_ Typed or Printed Name President Title CI I ' ZoI Date THE STATE OF TEXAS CIQ v c ,il District Engineer 9-Z9-'4 Date AFA-AFA_VoITIP Page 5 of 5 Revised 01-23-2013 CSJ # 0598-01-098 and 0598-02-107 District # 12 Code Chart 64 # 62106 Project: SH 288 ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES Payment Provision The Local Government has adopted the conceptual 288 Corridor Master Improvements Plan, Attachment B, which highlights the Project and will prepare all plans and specifications for final approval of the Project. The Local Government will provide the installation and subsequent maintenance of the Project. The total estimated cost for installation of the Project is $14,164,068, and shall be funded 100% by the Local Government or other funding sources secured by the Local Government. Construction of the Project may be implemented at once or in phases over time. The Project The Project is a Master Improvements Plan for the beautification of the SH 288 corridor. The Local Government will coordinate all efforts outlined in the Project through the appropriate agency/entity including, but not limited to: the State, Concessionaire selected by the State, and/or Brazoria County Toll Road Authority prior to any final approvals. Limits: The Project improvements will be installed throughout the entire length of SH 288 corridor right-of-way from County Road 59 north to Beltway 8, just inside the boundaries of the District. Short -Term Maintenance Improvements: The State will continue to perform its usual maintenance of the area encompassed by the Project. In addition to the Projects defined in the 288 Corridor Master Improvements Plan, the Local Government may provide supplemental maintenance to the area including, but not limited to, the following to improve the appearance of the corridor: Trash and Weed Removal As -needed sweeping and removal of trash and debris from all areas. Spraying to eliminate weeds and grass in concrete and pavers abutting all turf and bed areas and at medians and underpasses. Grass Areas As -needed mowing and edging of grass areas within 10 feet of the back of pavement along with removing of grass clippings from all pavement areas adjoining grass areas. Fertilize and herbicide also as -needed. Long Term Improvements: The Project will be installed the length of the entire Corridor within the corporate limits of the City of Pearland. The Project will include, but not be limited to the following improvements and is further defined in the attached 288 Corridor Master Improvements Plan: a) Enhanced sidewalks b) Pavers c) Gateway markers d) Specialty painting e) Sculptural elements AFA-AFA VoITIP Page 1 of 4 Attachment A CSJ # 0598-01-098 and 0598-02-107 District # 12 Code Chart 64 # 62106 Project: SH 288 f) Tree, shrub and plant installation g) Temporary tree irrigation h) Irrigation i) Water and fountain features j) Enhanced street lighting k) Wildflower planting I) Detention pond improvements m) Existing Park and Ride relocation or improvements Anticipated maintenance for the long term improvements by the Local Government shall include but not limited to the following: Trash and Weed Removal As -needed removal of trash, sweeping and debris removal from all areas. Spraying to eliminate weeds and grass in concrete and pavers abutting all turf and bed areas and at medians and underpasses. Grass Areas Mowing and edging of grass areas on a regular basis along with removing of grass clippings from all pavement areas adjoining grass areas. Fertilize and herbicide as needed. Irrigation in some areas. Over seeding as needed. Plant, Shrub and Tree Maintenance For the work of plant, shrub and tree maintenance, all reasonable means shall be employed to preserve the trees, shrubs, 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: a) Watering. b) Plant bed and/or basin maintenance. c) Plant replacement. d) Insect, disease, and animal control. e) Fertilizing. f) Mowing and trimming. g) Staking adjustment and removal. h) Pruning. i) Litter pick-up. Fountain and Irrigation System Operation and Maintenance Permanent fountains and irrigation system operation and maintenance shall include, but not be limited to, water, monitoring, adjustment, repair, replacement, and proper operation of fountains and irrigation systems as required to insure efficient function. Irrigation systems will be maintained to insure moisture to the plant material existing on the site. AFA-AFA_VoITIP Page 2 of 4 Attachment A CSJ # 0598-01-098 and 0598-02-107 District # 12 Code Chart 64 # 62106 Project: SH 288 Form Liners at Bridge Abutments AH form liner surfaces within limits shown in the Project Plan shall be maintained, repaired and/or replaced same as originally installed. All form liner surfaces shall be maintained clean and free of graffiti and vegetation and shall be painted as necessary. Landscape Pavers/Sidewalks All surfaces as shown in the Project Plans shall be maintained clean and free of graffiti, litter, silt/soil and vegetation. At discretion of Local Government, with approval from State, repair and/or replace 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 clean and free of graffiti, litter, silt/soil and vegetation. Lighting Specialty road and landscape lighting and related electrical work shall be installed and maintained as required to increase public safety and ease of travel. All lighting shall be maintained, repaired and/or replaced according to the State's lighting standards. If it is necessary for the Local Government to extend conduits, the Local Government will do so at its own cost. Sculptural Element/Gateway Markers Sculptural elements and Gateway Markers shall be installed and maintained appropriately to enhance the beauty of the sculpture. All surfaces shall be maintained clean and free of graffiti and litter. Special Roadway Paving All special roadway paving shall be installed and maintained by the Local Government. including any repair and/or replacement. Detention The Local Government will amenitize, install and maintain amenities of the detention ponds within the boundaries of the Local Government. Work Responsibilities Local Government agrees to: 1. Furnish the State with a copy of each agreement(s) between the Local government and its agent(s) or subcontractor(s) for work to be performed by Local government. 2. Furnish the State with a fully executed copy of agreement between the Local Government and the State's selected concessionaire for that portion of the Project from Clear Creek north to Beltway 8. 3. Furnish the State with a fully executed copy of agreement between the Local Government and "a Brazos County Toll Authority for that portion of the Project from County Road 59 to Clear Creek. 2* -4. Furnish°te State with a fully executed copy of the State's Form 1560 Certificate of Insurance. 5. Furnish the State in writing overall clearance with all appropriate regulatory agencies prior to beginning any installation or maintenance activities. AFA-AFA VoITIP Page 3 of 4 Attachment A CSJ # 0598-01-098 and 0598-02-107 District # 12 Code Chart 64 # 62106 Project: SH 288 6. Submit to the State for approval the Project Plan (11" X 17" format) before any work begins. The Project Plan shall contain, but not limited to, TxDOT right-of-way, roadway 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. 7. Submit to the State for approval any revisions or modifications mutually agreed upon between the Local Government and the State. 8. 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. 9. Provide for all necessary right-of-way and/or utility adjustments needed. 10. Furnish all labor, equipment, and incidentals to provide for the installation of the Project as specified in the Project Plan, and described herein. 11. Furnish all labor, equipment, materials, and incidentals to provide for maintenance of the Project during and after installation of the Project is completed. The Project shall be maintained in such a manner and to the degree deemed necessary hereafter to enhance roadway aesthetics for the traveling public. The State reserves the right to require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the highway. 12. Provide fulltime daily inspection of all installation and maintenance work performed and any testing services as may be required to ensure that the work is accomplished in accordance with the Project Plan and specifications. The Local Government inspector shall report, as directed, activities of the contractor and notify the State of all correspondence and instructions to the contractor performing the work. The State shall have final authority over all issues that may arise during work as called for in the Project Plan and specifications. 13. 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. 14. Contact TxDOT Area Engineers office 7 days prior to beginning of any work activities (see attached District Area Engineers list). 15. Provide all labor, equipment, material, incidentals, and inspection as may be required to repair or replace equipment, structures or surfaces damaged by Local Government or its agent(s) or contractor(s) during the installation and/or maintenance of the Project to the satisfaction of the State. 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. Assist the Local Government in the preparation of the Project Plan and specifications. 3. Assist the Local Government in the preparation of the traffic control plan. 4. Furnish the Local Government any revisions or modifications mutually agreed upon between the State and the Local Government or as may be required for the good of the traveling public. AFA-AFA_VoITIP Page 4 of 4 Attachment A Exhibit C Aesthetic Improvements Renderings 10 I I I1 II I . 11 k...:77 -:.-.L,1*:::. .:•-&.,-.----__.-,: -rt., .,, .J.04..., ..- -t-e•c* ''''-'. - 0.- .-.., .._ irk „4.,... e..7-,,...... ;,:. --er- - - _-. 1!:;.,•-,...:4- .- •;. ' --Y-e :. 1, - tor S' ' •• 4 11411 • •x••••••••• • TREE MASSIN9 4 • OLEANDER ••••••••••• BASS PRO SHOPS „IF . BALD CYPRESS DRY DETENTION EXPANDED WITN TPEE PLANTINGS CLARK CONDON Cl 5TtdA1.0610 . .100•10•TX,NOX • 1 /WAWA • .11.10011074C0,1 PEAR 288 PEARLAND CORRIDOR AESTHETIC IMPROVEMENTS . _ Is•NOEV.S.0•6;VI 4• ENHANCED MEDIAN Iti PEARLAND GATEW OLEANDER WALL FOUNTAINS p► DRY DETENTION PYLONS BICOLOR IRIS PEAR SCULPTURE (8 TOTAL) -41110 re , EXISTING DRIVE • ' K KR,OGER, � "*" • CLARK CONDON MIH MAURRO . .01111M TX WMM . i )qc,,.,l . flMW niaM suros PEAR 288 PEARLAND CORRIDOR AESTHETIC IMPROVEMENTS .+wRrltwl'n upiK Apawmirrmidwitar r. toa c: L.. COUNTRY PLACE PKWY. ry • 4. BALD CYPRESS SCREEN PLANTING DRY DETENTION u 1947-;1947-;- n 111.1=11SMIST-7-- GRASS OLEANDER t -4445.11 Or. 11 1' i Pas t PROPOSED T -RAMP OLEANDER WITHIN TOLL LANE PEARLAND MEDICAL CENTER • 4164 CLARK CONDON )T!UII . NTOENI MOSNEIN UN • ONMEAIOEIWI ( PEAR _ r. 0 m 2< w D q yam • .0 04'.4"11f';411111444.". 4114° ';'°'741111111.- 415.rageglirlf4A. 1516"":7`td t'..41114114411'"'1414111111.4 AIN A 1 `mfr►. • • ' a a gees 288 PEARLAND CORRIDOR AESTHETIC INPRQVEVVNIS uwlMY:unt,I PENNA .12 MIN.6 5 • t • WAL-MART Jr — g , mg" 14r-111- - V# 11111 IFA 4.tt I I - JC PENNY 1; ,;.01:11; .1" •stc 1. BEST:136y • s Aar,. Et 44'3 ?•1. I I••4 ••••• ler"in - •1 PAS r ro•ir.*ArofirAe ;:e sat S' P t 411g..) a 4.4 T.-: z, p =!: - , -7. ';- SAMS CLUBtL LEANDER -,11100' 411014-: gALLA":4Z:. \so gt7c:rt'..:112,4,::.:41:s;\ t • • PLE.B- ' . . • • . • . • .. . • . • . • _ . ... ..1;;.ta.v4.*: • • . , ........„.. . . _ .. 1 ,.. _.,_, t ,..„. •„„. , rir.:.:...t -..` ••. .3-..—. 1 --;.: • . • .----- - 1- evil, %.. 1 _ . . .L. . . r Aok f • .,, 0 III se, CLARK CONDON 100 331lNUMUID • saitTertT.076 • 14131.31 • 12/01.010011=1 PEAR 288 REARLAND CORRIDOR AESTi-ETIC IMPROVEMENTS 1.133•04,Xv.uw.ri 444'1314134 01301.3 111,11•111••• 1. .0 411111e' I sof s LAI e • • fib • I oilLa it„ • Fe ' 0 t 1 `g. Sit .1;2;6 IP iv' ROT' ow. • c -ft. • S.‘ LIVE OAK TREES -4$ OLEANDER •.c' FOUNTAINS - , / 111111-11 5: - - - - - _ %it PYLONS ,s;- „. • • 44;. BICOLOR IRIS ` , - SCREEN PLANTING ENHANCED WET/4 FRONTAGE ROAD GONSTRuL NON R SCULPTURE (8 TOTAL) .7.1- 44116111*.. PLANTING BEDS 4timemissramm BRICK PAVER'S2:::— ill."."11111111.1" r. GATEWAY TOWN 4 s 111' '14;4101' PEARLANDNNT:R\' PEARL ...a 1 44; CLARK CONDON PEAR 288 PEARLAND CORRIDOR . - AESDOC IMPROVEIENTS Ff REA. N .rer Exhibit D Aesthetic Hardscape Improvements Itemized List 11 SH288 Aesthetic Hardscape Improvements Itemized List 6/15/2016 Item Included Item & Description Funding Source Maintenance Responsibility Y l N Corridor Wide Improvements 1 X Provide Irrigation 6" sleeves throughout corridor COP PMMD #2 2 X Provide Pearland painting scheme on all walls rails, columns, rip -rap, and barriers etc. for managed lanes throughout corridor BC BC 3 X Provide Pearland painting scheme on all walls, rails, columns, rip -rap, and barriers etc. throughout corridor other than managed lanes COP Txdot 4 X Provide Pearland form liner pattern for MSE panel walls COP Txdot 5 X Apply Pearland form liner pattern on all new MSE panel walls for managed lanes BC BC 6 X Apply Pearland form liner pattern on all new MSE panel walls for TxDOT main lanes Txdot Txdot 7 X Provide Pearland painting scheme on all columns throughout corridor associated with the managed lanes BC Txdot 8 X Provide Pearland painting scheme on all columns throughout corridor for TxDOT main lanes COP Txdot 9 Replace all damaged curbs within the work area adjacent to all aesthetic improvements COP Txdot 10 X Pearland paver scheme (pattern and color) is included N/A N/A 11 X Pearland painting scheme for gantry structure is included BC BC 12 X All pilot channels required in detention ponds shall be integral color charcoal grey BC BC 13 X Provide the concrete foundations for Pearland pear sculptures (coordinate with Pearland for final sculpture design) COP PMMD #2 14 X Remove all abandoned reflectors and road signs with in limit of work BC N/A 15 X Power wash and paint all existing hardscape items pertinent to the highway. I.e. columns, walls. culverts, light foundations and barriers. COP Txdot McHard Road (FM2234) Improvements 16 X Add Islands with pavers at McHard intersection (small raised median at SW comer) COP Txdot • 17 X Provide conduit to lighting under bridge at McHard COP PMMD #2 18 X Provide pavers at McHard and 288 Intersection in all islands COP Txdot 19 X Provide Power washing and Pearland painting scheme on sloped concrete rip -rap under 288 at McHard COP Txdot 20 X Remove abandoned road base fill and grass at all corners of McHard BC N/A 21 X Replace existing traffic signals at McHard. include pedestrian signals on north side. and upgrade to City of Pearland decorative standard COP COP 22 X Remove street paving in stripping areas on McHard and replace with raised median. fill with top soil and or pavers as indicated COP PMMD #2 23 X Provide pilot channels and outfalls for ponds at McHard BC BC 24 X Provide lake features with hard edges as coordinated and shown by CC for McHard COP PMMD #2 25 X Provide grading and shaping of land as coordinated and shown by CC for McHard BC BC 26 X Provide lake wall as coordinated and shown by CC for McHard COP PMMD #2 1 27 X Provide lake edge as coordinated and shown by CC for McHard COP PMMD #2 28 X Provide water proofing for walls and edges in ponds at McHard COP PMMD 42 29 X Ensure a water proof liner in all ponds holding water at McHard COP PMMD #2 30 X Relocate over head power at the northwest corner of McHard and 288 underground COP N/A 31 X Provide concrete 5'-0" sidewalk on the north side of McHard that connects to existing and proposed sidewalks COP Txdot 32 X Provide required curb ramps and crosswalks along walk on north side of McHard as needed COP Txdot 33 X Remove jagged pavement on SB feeder north of McHard intersection COP Txdot Discovery Bay (T -Ramp) & Wishbone Improvements 34 X Provide Irrigation 6" sleeves into area underneath T -Ramp COP PMMD #2 35 X Provide Irrigation 6' sleeves into area underneath Wishbone COP PMMD #2 36 X Relocate existing trees at T -Ramp and Discover Bay on the northwest side COP PMMD #2 37 X Apply City of Pearland decorative signal upgrade at Business Center Dr.. Discovery Bay, on T -Ramp, and at Hughes Ranch Rd. COP PMMD #2 38 X Remove abandoned road base fill and grass at northwest corner of Discovery Bay BC N/A 39 X Remove concrete planned underneath the T -Ramp and Wishbone except for the pilot channel to allow for Pearland to plant these areas BC N/A Broadway (FM518) Improvements 40 X Provide conduit to lighting under bridge at 518 COP PMMD #2 41 X Provide pavers at 518 and 288 Intersection in all medians and islands Txdot Txdot 42 X Remove parking lot at southwest corner of 518 and 288 COP N/A 43 X Relocate parking lot from southwest comer of 518 and 288 to Business Center Dr COP Txdot 44 X Provide concrete 5-0" sidewalk on both sides of 518 that connects to existing and proposed sidewalks Txdot Txdot 45 X Provide required curb ramps and crosswalks along walk on north side of 518 as needed Txdot Txdot 46 X Apply City of Pearland decorative signal upgrade to new signal poles and pedestrian crossing signals at 518 COP COP 47 X Remove street paving in stripping areas on 518 and replace with raised median. fill with top soil and or pavers as indicated Txdot Txdot 48 X Provide lake features with hard edges as coordinated and shown by CC for 518 COP PMMD #2 49 X Provide grading and shaping of land as coordinated and shown by CC for 518 BC BC 50 X Provide lake wall as coordinated and shown by CC for 518 COP PMMD #2 51 X Provide lake edge as coordinated and shown by CC for 518 COP PMMD #2 52 X Provide pilot channels and outfalls for ponds at 518 BC BC 53 X Provide water proofing for walls and edges in ponds at 518 COP PMMD #2 54 X Ensure a water proof liner in all ponds holding water at 518 COP PMMD #2 2 Exhibit E Location Map of Aesthetic Improvements 12 1 1 1 1 CLEAR CREEK PEARLAND 288 AESTHETICS IMPROVEMENTS ARFA IIIAC;RAMA HUGHES RANCH 288 SOUTH 1 1 1 1 1 1 1 1 1 Resolution No. R2016-164 Exhibit "B" INTERLOCAL AGREEMENT This Interlocal Agreement for SH 288 Corridor Enhancements called "Agreement", is entered into this 21 * day of +Grn 2016 by and among the CITY OF PEARLAND, a home rule municipality incorporated under the laws of the State of Texas (hereinafter, "City"), BRAZORIA COUNTY, a body corporate and politic under the laws of the State of Texas (hereinafter, "County"), and PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 2, a municipal management district and political subdivision of the State of Texas, hereinafter called "District", may hereinafter be referred to individually as a "Party" and collectively as "Parties". RECITALS Whereas, the District was created by Senate Bill No. 863, Acts of the 83rd Legislature, Regular Session, to be codified as Chapter 3867, Texas Special District Local Laws Code, and governed by Chapter 375, Texas Local Government Code, (collectively, the "Act") for the purpose of providing services and improvements to the District; and Whereas, SH 288 is located in the County, City and District and serves the residents and businesses of the County, the City and the District; and Whereas, the District has approved a SH 288 Corridor Master Improvements Plan (hereinafter, "Plan"), attached hereto as Exhibit "A", consisting of a beautification strategy to implement long term aesthetic improvements intended to support the Pearland 20/20 Strategic Plan's goal of enhancing the appearance of the 288 Corridor in order to sustain its economic prosperity; and Whereas, the District and the Texas Department of Transportation (hereinafter, "TxDOT") entered into an Advance Funding Agreement, attached hereto as Exhibit "B", for voluntary construction and maintenance of long term aesthetic improvements in TxDOT ROW along the SH 288 corridor; and Whereas, the Pearland Economic Development Corporation (hereinafter, "Pearland EDC") has entered into a contract for the design of aesthetic improvements along the SH 288 corridor that are consistent with the Plan. Whereas, the County is planning to construct mobility improvements along SH 288 within the City of Pearland (hereinafter, "County Project") and the City desires to construct/fund certain aesthetic improvements along SH 288 within the City of Pearland; and 1 Whereas, the City and Pearland EDC have entered into a Reimbursement Agreement to secure PEDC funding (hereinafter, "City Funds") that is to be used for construction of the aesthetic improvements along the SH 288 corridor; and Whereas, the aesthetic improvements are generally identified as consisting of hardscape and softscape improvements (hereinafter, "Aesthetic Improvements") Exhibit "C": and Whereas, the aesthetic hardscape improvements include: brick pavers, wet and dry detention ponds, bridge painting, decorative form liner, irrigation sleeves, lighting conduit, and pond edging as described in Exhibit "D" (the "Aesthetic Hardscape"); and Whereas, the aesthetic softscape improvements include: landscaping, irrigation. lighting, large water fountains, pear sculptures, sculpture base foundations, and gateway signage, (hereinafter, "Aesthetic Softscape"); and Whereas, the City, District, and County desire to incorporate the Aesthetic Hardscape improvements into the County Project that extends from Clear Creek south to CR 59 within the City of Pearland Exhibit "E" and desire an agreement to set forth their respective responsibilities with regard to the installation, ownership and maintenance of the Aesthetic Improvements; and Whereas, the City and District desire to construct the Aesthetic Softscape improvements, separate from and at a later date than the County Project, and desire an agreement to set forth their respective responsibilities with regard to the use of City Funds and installation, ownership and maintenance of the Aesthetic 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: SCOPE OF THE PROJECT A. The Parties agree that the scope of the Aesthetic Hardscape improvements to be included in the County Project are as described in the itemized list of estimated costs attached hereto as Exhibit "D". B. The Parties agree that the scope of the Aesthetic Softscape improvements to be constructed by the City are as depicted in Exhibit "C". C. The District and TxDOT will be provided the opportunity to review and approve the scope of construction plans and estimated costs for the 2 Aesthetic Softscape improvements prior to the City advertising the improvements for bid. II. COMPETITIVE BID AND AWARD OF THE PROJECT A. The County shall advertise for competitive bids for the Aesthetic Hardscape improvements included in the County Project. Upon receipt of the bids for the Aesthetic Hardscape improvements, the County shall notify the City of its intent to award and the amount of the recommended bid. If the City or Pearland EDC object to the award of the contract, it must provide written notice to the County within 15 days of receiving the notice of intent to award. If add alternates for certain improvements are incorporated in the competitive bid, the County will allow the City to accept or object to each add alternate within the same 15 days of receiving the notice of intent to award. B. If there are no objections to the award, the City shall transfer to the County the cost of the Aesthetic Hardscape improvements included in the County Project within sixty (60) days of the notice to the City of intent to award. If the County fails to award the contract for the County Project, it shall return any payments made by the City for the Aesthetic Hardscape improvements. C. The City will advertise for competitive bids for the Aesthetic Softscape improvements when it is determined the City may access the areas to be improved as the mobility improvements near completion. Upon receipt of the bids for the Aesthetic Softscape improvements, the City shall notify the District and Pearland EDC of its intent to award and the amount of the recommended bid. If the District or Pearland EDC object to the award of the contract, it must provide written notice to the City within 15 days of receiving the notice of intent to award. If add alternates for certain improvements are incorporated in the competitive bid, the City will allow the District or Pearland EDC to accept or object to each add altemate within the same 15 days of receiving the notice of intent to award. III. CONSTRUCTION CONTRACT The County shall administer the County Project contract for the benefit of the Parties. Any change orders resulting in an increase to the cost of the Aesthetic Hardscape improvements shall be subject to review and approval by the City, or its representative. If the City objects to such a change order, written notice shall be provided to the County within fifteen days of the date the change order is sent to the City. Within sixty (60) days following approval of a change order by the County and City, the City shall deposit an amount equal to the approved change order with the County. The Parties may observe the conformity of construction and the County shall notify the City of any discrepancies, proposed changes, or needed corrections regarding the improvements. IV. OWNERSHIP AND MAINTENANCE OF THE IMPROVMENTS 3 A. Upon completion of the Aesthetic Hardscape improvements, the County will maintain the following improvements: i. Bridges and related appurtenances ii. Slope paving iii. Detention ponds & outfall iv. Lighting essential to the managed toll lanes project B. The District agrees to own and maintain the Aesthetic Improvements as itemized in Exhibit C, and all Aesthetic Softscape improvements, per its agreement with TxDOT (Exhibit B) and within City standards for aesthetic improvements. C. The District and County agree to obtain the City's approval before removing any Aesthetic Improvements. D. The District agrees to carry insurance for the Aesthetic Improvements at replacement value. E. The City will provide water to the District for irrigation, ponds and maintenance purposes. F. The City will provide electricity to the District at its contracted rates to the District via separate meter. The City will bill the District on a semi-annual basis for the District's electrical consumption or more frequently as determined by the City. V. FINAL ACCOUNTING A. Within 90 days of completing the construction of the Aesthetic Hardscape improvements included in the County Project, the County shall submit to the City a final accounting of the City's allocated costs along with the following: i. Certification that all punch list items relating to the Aesthetic Hardscape improvements, or any portion thereof, have been completed and reasonably accepted by the City; ii. Contractor certification to the City that the Aesthetic Hardscape improvements have been completed in substantial accordance with the construction plans and that all applicable Governmental Authorities have accepted such work; iii. A conditional final lien waiver from each of the contractors conditioned only upon receipt of payment due such parties from the final accounting; iv. A final set of reproducible "as -built" drawings of the Aesthetic Hardscape improvements, showing all changes, if any, made thereto relative to the construction plans. VI. CURRENT FUNDS AVAILABLE A. The total estimated cost of the Aesthetic Hardscape improvements is $4.2M. B. The total cost of the Aesthetic Softscape improvements will be estimated as the construction plans are finalized. 4 C. The City, with Pearland EDC funding, will provide the funding for the Aesthetic Softscape improvements installation. D. The District agrees to provide the funding for the ongoing maintenance of the Aesthetic Improvements as described in section IV B. E. The Parties hereto represent that they have appropriated sufficient funds to satisfy their respective obligations under this Agreement. VII. MISCELLANEOUS A. City, District, and County recognize and agree that County, in performance of this 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, District, and County shall comply with all applicable laws, regulations and requirements in performance of their respective obligations under this agreement. C. County approves of Pearland EDC making expenditures in the City's ETJ for the Aesthetic Improvements. D. Parties recognize and agree that nothing herein shall be construed to create any rights in third parties. E. Parties 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, District, and County. 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 City Council and the County, as acted upon by its Commissioners Court, and District as acted upon by its Board of Directors. VIII. NOTICES Any notice sent under this Agreement (except as otherwise expressly required) shall be given by electronic mail and written and either mailed, or sent by, or personally delivered to, an officer of the receiving Party at the following addresses: If to the City: Clay Pearson — City Manager City of Pearland 3519 Liberty Drive 5 With a copy to: If to the County: If to the District: Pearland, Texas 77581 cpearson(a7pearlandtx. gov Darrin Coker — City Attorney City of Pearland 3519 Liberty Drive Pearland, Texas 77581 dcokerApearlandtx.gov Matt Hanks — County Engineer Brazoria County 451 N. Velasco, Suite 230 Angleton, TX 77515 matthAbrazoria-county.com Sylvester L. Reeder III — President Pearland Municipal Management District No. 2 c/o Hannah Brook — District Attorney Allen, Boone, Humphries, Robinson, LLP 3200 Southwest Freeway, Suite 2600 Houston, TX 77027 hbrookna,abhr.com 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 e2n 14't-- day of �,LQ10,49rtlLt�., 2016. OUNTY L.M. "Matt" Sebesta, Jr. County Judge •...... •'���+ 6 CITY OF P. RLAN Clay ''arson, ity Manager ATTEST: PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 2 1�1 A IEST: Veecteagsldent aoA atitAid,a2