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R2020-032 2020-06-08RESOLUTION NO. R2020-32 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 for paving services, for the period of June 1, 2020 through May 31, 2021. 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 with Brazoria County. PASSED, APPROVED and ADOPTED this the 8th day of June, ASD 20. 4AT ST: C STAL GROAN—, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: �) � DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Exhibit "A" T1JJ"S'I'A'Tf' O1; TI?XA,S COUNTY OF 1:3iZAZORIA IN'I'll IZI,O(;Al, .AGR]r..T'.MI?NT BETV4'1'i EN BRAZORTA COUNTY ANI) 'riiic (.:.ITV UI+ PEA.Ri,AN.D IS20-0012 I'lus; Agreement is made between BRAZORIA COUNTY and the C JTY OF .P.1:;ARLAND hereinafter referred to as the COUNTY and CITY respectively. Rl{ (ATALS WHEREAS, the CITY wishes to Ievel up and over iay roads listed on .Exhibit. "B"'; and WHEIR_EAS, the CITY has requested the COUNTY'S assistance to providing labor and equipment to pave all roads listed on Exhibit "B"; and WHEREAS, the COUNTY has agreed to utili7.c Brazoria County Road & Bridge equipment and employees to perform this work pursuant to the authority of 'I'cx. ".i'ransp. Code j251.0I S, and the Interlocal Cooperation Act, Tex. Gov. Code Sec. 791.001 ct. Sec{,, subject to the conditions and limitations of this Agreement; NOW THEREFORE, the CITY and COUNTY agree as follows: 1.01 C'.OUNJ'Y agrees to supply such equipment as may be necessary together with operators to level up and over Iay all roads listed on Exhibit "B". 1.02 The CITY agrees to pay material needed in the project directly to supplier, and in the event. COUNTY costs in perlorming above-described work exceed $10,000.00, the CITY shall pay, from the point in time that COUI\° IN S costs equal the sura 51 {1,000.00, the labor costs and the hourly value of equipment used, plus any other costs associated with the use of the equipment. 'Though it is contemplated by this agreement that CfI'Y will obtained the necessary design and engineering studies required by the project prior to the commencement of the work, C`,II'Y agrees to pay the reasonable cost of any design or engineering work. obtained by COUNTY if it exceeds the. sura of $10,000.00. The value of equipment shall be those hourly rates which have been previously established by the COUN'1'Y for each item of its equipment, multiplying the same by the nurnbcr of hours, such equipment has been utilized in excess of the point in time when CO N I'Y's costs equaled the sum of $10,000.00. COUNTY equipment utilized ort site for the project shall be charged to CITY on a daily rate for each day it is on-site. 1.03 'I'1rc parties intend that COUNTY, in performing such services, shall stet as an Independent contractor and shall have control of the work and the manner In which it is performed. COU"INY is not considered an agent or employee of CITY. IS:1.9-0012 1.04 Each party agrees that 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 it supplies provides for the other party's benefit. 1.05 COUNTY does not warrant the suitability for this project of any material purchased by CITY from a third party which maintains a continuing contract with COUNTY. Any cost estimate made connection with this project is only an estimate and is not warranty of the final cost of the project. 1.06 To the extent permitted by law, CITY agrees to assume the risk of, fully indemnify, hold harmless and defend COUNTY, its agent, officers and employees from any and all loss, damage, cost demands and causes of action of any manner from the performance of the above referenced work. 1.07 COUNTY executes this Agreement by and through the County Judge acting pursuant to Order of the Commissioners Court so authorizing, and the CITY executes this Agreement by and through the President acting pursuant to authorizations of its Board of Trustees. 1.08 Nothing herein shall be constructed to make either party purchaser or consumer of goods or services from the other. 1.09 Nothing herein shall be constructed to create any rights in third parties. 1.10 Misspelling of one or more words in this agreement shall not avoid this agreement. Such misspelled words shall be read so as to have the meaning apparently intended by the parties. IN TESTIMONY OF WHICH, witness our signatures on teexeen dates herein below. By: I3y: CITY OF PEARLAND MAYOR Date signed: t - q- 2-J.2- v BRAZORIA COUNTY COUNTY JUDGE Date signed: 20 1519-0012 February 18, 2020 City of Pearland 3519 Liberty Dr. Pearland, Texas 77581 Tel: 281.652.1900 pearlandtx.gov Mr. Matt Hanks, PE County Engineer Brazoria County 451 N Velasco, Suite 230 Angleton, Texas 77515 RE: Interlocal Agreement for Asphalt Paving Program Mr. Hanks, Please accept this letter as a formal request to establish this year's Interlocal Agreement between the City of Pearland and Brazoria County for asphalt road paving services. In Fiscal Year 2019, we were able to complete 3.04 out of 4.11 miles of paving with your team and look forward to the new streets projects selected. For Fiscal Year 2020 the City request the streets listed below. Street Current Limits (To Frorn) Length Width Work Description PCI Stone 51 Brookside Dr to Hughes Ranch Rd 7800 20 Recycle & Rd. Overlay Harkey 58 Magnolia to Bailey 4545 29 Recycle & Overlay Totals 2.3 Miles Please let me know if you have any questions or comments. I can be reached by telephone at 281-409-5051 or email at bc_ooper _pearlandtx.gov. Sincerely, Brian Cooper Interim Streets & Drainage Superintendent Attachment — Map Brazoria County Paving Map 2i6 + — ' HOUSTON I A - - Stone Rd. PCI 51 w wh 6 1 • :.act. poor' s © .....0 Harke�FRWPCI 8 e County Paving