R2020-027 2020-01-27 RESOLUTION NO. R2020-27
A Resolution of the City Council of the City of Pearland,Texas,authorizing the
City Manager or his designee to enter into an Interlocal Agreement with
Brazoria County associated with the construction of a SH 288 northbound
frontage road between FM 518 and County Road 59.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland and
Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Interlocal Agreement.
PASSED, APPROVED and ADOPTED this the 27th day of Janu A.D., 2020.
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TOM REID
MAYOR
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CITY SECRETARY _ '
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APPROVED AS TO FORM:
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DARRIN M. COKER ilitiatittit
CITY ATTORNEY
PEARLAND-BRAZORIA COUNTY
INTERLOCAL AGREEMENT
CONCERNING FRONTAGE ROAD
IMPROVEMENT PROJECT
This Agreement is made between the CITY OF PEARLAND, a municipal body politic,
acting through its City Council (the"City"), and BRAZORIA COUNTY,a political subdivision
of the State of Texas acting through its Commissioners Court (the "County"). City and County
may collectively be referred as the"Parties".
NOW THEREFORE,THE CITY and,THE COUNTY agree as follows:
RECITALS
WHEREAS, the City and the Texas Department of Transportation ("TxDOT") plan to
enter into an Advanced Funding Agreement for an On System, Local Government Funded
Project (the "Advanced Funding Agreement"), as is set forth verbatim in Exhibit "A" which is
attached hereto and incorporated by reference, which was authorized by Texas Transportation
Minute Order 115005 as CSJ No. 0598-02-119 dated the 31" day of August, 2017 and by the
City in Resolution No. dated the day of January,2020.
WHEREAS, the Advanced Funding Agreement is authorized by Texas Transportation
Code§§201.209,222.052, and 251.014 and by Chapter 791 of the Texas Government Code.
WHEREAS, the Advanced Funding Agreement contemplates the construction of an on-
system consists of constructing a frontage road along the east side of State.Highway 288 ("SH
288") between Farm to Market Road 518 ("FM 518") and County Road 59 ("CR 59")as defined
by Project CSJ No. 0598-02-119;
WHEREAS, this Agreement is made pursuant to Texas Government Code section
791.011 in that it contemplates the furnishing of governmental functions and services between
the parties as defined by Texas Government Code subsections 791.003(3)(C),(I), (J),and(N).
WHEREAS, by way of this Agreement, the City and the County wish to formalize their
agreement to jointly participate in the construction of a frontage road along the east side of SH
288 between FM 518 and CR 59.
WHEREAS, the City warrants that its City Council approved this Agreement by Resolution
R2020-27, dated January 27, 2020 authorizing its City Manager to execute it on the City's
behalf.
WHEREAS, the County warrants that its Commissioners Court approved this Agreement by
Court Order No. dated January 28, 2020 authorizing its County Judge to execute it on the
County's behalf.
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NOW, THEREFORE, for and in. consideration of Ten and No/100 Dollars ($10.00)
Dollars the receipt and sufficiency of which is hereby acknowledged, as well as the mutual
promises and benefits herein contained, the City and the County hereby agree to jointly
participate in the construction of a frontage road along the east side of SH 288 between FM 518
and CR 59.
AGREEMENT
1.
1.1 This Agreement covers the following project(the"Construction Project"):
(1) General Location of the Construction Project:
The east side of SH 288 between FM 518 and CR 59 inside the TxDOT
right-of-way, as shown on the "Project Layout," which is attached hereto
as Exhibit"A";and
(2) Scope of the Construction Project: The Scope of the Construction
Project consists of constructing a frontage road along the east side of SH
288 between FM 518 and CR 59. Said Project is shown on the "Project
Layout," attached hereto as Exhibit"A". Said Scope is further defined as
follows:
a) Two lane frontage road on the east side of SH 288 general purpose
lanes between the intersections of FM 518 and SH 288 and CR 59
and SH 288;and
b) The reversal of the entrance and exit ramps from the current
configuration as required by TxDOT, meaning the exit from the
general-purpose lanes will be the ramp further south and the
entrance to the general-purpose lanes will be the ramp further
north;and
c) Drainage improvements as required by TxDOT to address an
existing drainage issue on the east side of SH 288; and
d) U-Turn lane on the north side of CR 59.
(3) Specifications of project: The Construction Project will be constructed in
accordance with TxDOT standards.
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II.
2.1 The parties agree to provide the following services, either directly or by
contracting, and the following levels of funding subject to the conditions and exceptions in this
Agreement.
2.2 The City,shall be responsible for the following:
(1) To cause to be constructed a frontage road along the east side of SH 288
between FM 518 and CR 59, as set out in Exhibit"A" attached hereto and
incorporated by reference pursuant to the Advanced Funding Agreement.
(2) Engineering and Design Costs of the.Construction.Project: The City
shall provide all engineering, surveying, and geotechnical design services
at an estimated cost of$900,000.00. The scope of work shall consist of
items included in"Scope of Services"attached as Exhibit"B."
(3) Costs of Construction Project: The City shall, in efforts to complete the
Construction Project described herein, pay for actual construction costs,
minus the contribution from the County. City's estimated contribution is
$5,500,000.
(3) State right-of-way: City shall acquire any and all permits from TxDOT to
complete the Construction Project.
(4) Drainage and Detention: City will design appropriate drainage facilities
for the Construction Project. All designs shall conform to the current
requirements of Brazoria County Drainage District No.4.
2.3 The County shall be responsible for the following:
(1) Costs of Construction Project: The County shall contribute $1,500,000
to the costs of construction. This cost shall be paid to the City upon the
City's receipt of an invoice from TxDOT as described in the AFA.
III.
3.1 Each party agrees that any payments for the performance of governmental
functions or services shall be from current revenues available to the paying party and further that
such payments shall fairly compensate the performing party for the service or materials it
provides for the other parry's benefit.
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3.2 Each Party acknowledges and agrees that it shall furnish the services promised,
whether by contractor or not, in compliance with State, City and County guidelines and timely
provide such monies as promised herein to fund its respective share of each project, subject to
the following:
(1) Funding and services for the project is subject to the availability of current fiscal
year revenue or bond revenue and the appropriation of such revenue by the
party's governing body to the project to be commenced;and
(2) Provided that upon appropriation of revenue for the project described herein and
upon commencement of a party's funding or services for the project or execution
of a construction contract for the particular project, the parties shall be obligated
to the construction funding and services described in this Agreement for the
project,and that specific project only.
3.3 The Parties recognize and agree that nothing herein shall be construed to create
any rights in third parties.
3.4 The Parties expressly 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 from this Agreement.
3.5 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.
3.6 The rights and obligations of this Agreement shall not be assigned without prior
written consent of the Parties.
3.7 This Agreement and all obligations created hereunder shall be performable in
Brazoria County,Texas.
3.8 This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
3.9 This Agreement shall be binding upon and inure to the benefit of the Parties and
their administrators,agents,employees,successors, and assigns permitted by this Agreement.
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3.10 Intending to be legally bound, the parties hereto have executed this Agreement
effective as of the effective date of the Agreement, .,.\ai...r-k ,2020.
CITY OF PEA?. '•/AND, +XA.S BRAZ 11) . • ; -
By: By: l •
Print Name: (74 1G Jam^ Print Name: L.M. "Matt"Sebesta,Jr.
Title: Obi / 11 AeI G e,- Title: County Judge
Date: 1^Zt9 —2,01,0 Date:
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CSJ# 0598-02-119
District# 12-HOU
Code Chart 64# 32150
Project Name SH 288 Northbound Frontage Rd
Exhibit "A" Project Layout
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