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Home My WebLink AboutR2021-133 2021-09-27RESOLUTION NO. R2021-133 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 September 27, 2021 through September 26, 2022. 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 27th day of September, A.D., 2021 EST: TAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY EVI N COLE AYOR THE STATE OF TEXAS § § COUNTY OF BRAZORIA § INTERI,OCAL AGREEIVIEN'I' BETWEEN BRAZORIA COUNTY AND THE CITY OF PEARLAND IS2:I.-0019 This Agreement is made between BRAZORIA COI)NTY and the CITY OF PEARLAND hereinafter referred to as the COUNTY and CITY respectively. RECITA[,S WHEREAS,the C;I'l'Y wishes to recycle, overlay and provide traffic control on all roads as listed on Exhibit`B"; and WHEREAS, the CITY has requested the COUNTY'S assistance to providing labor and equipment to recycle, overlay and provide traffic control to all roads as listed on Exhibit "B"; and Wiii'Rl.?AS, the COUNTY has agreed to utilize Brazoria County Road & Bridge equipment and employees to perform this work pursuant to the authority of Tex. Transp. Code §251.015, and the Interlocal Cooperation Act, Tex. Gov. Code Sec. 791.001 et. Seq., subject to the conditions and limitations of this Agreement; NOW THEREFORE, the CITY and COUNTY.agree as follows: 1.01 COUNTY agrees to supply such equipment as may he necessary together with operators to recycle, overlay and provide traffic control on all the roads for the CITY as listed on Exhibit"B" i .02 The CITY agrees to pay for material needed in the project directly to supplier, and in the event COUNTY costs in.performing above-described work exceed $10,000.00, the CITY shall pay, from the point in time that COU.NTY'S costs equal the sum $10,000.00, 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 tl:uis agreement that CITY will obtained the necessary design and engineering studies required by the project prior to the commencement of the work, CITY agrees to pay the reasonable cost of any design or engineering work obtained by COUNTY if it exceeds the sum of$10,000.00. The value of equipment shall be those hourly rates which have been previously established by the COUNTY for each item of its equipment, multiplying the same by the number of hours, such equipment has been utilized in excess of the point in time when COUNTY's costs equaled the sum of 5I0,000.00. COUNTY equipment utilized on site for the project shall he charged to CITY on a daily rate for each day it is on-site. 1.03 The parties intend that COUNTY, in performing such services, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. COUNTY is not considered an agent or employee of CITY. 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 void 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 the exec dates herein below. By: By: Y OF PEARLAND BRAZORIA COUNTY MAYOR COUNTY JUDGE Date signed: i. • O. 1 Date signed: �� Exhibit A Asti ofrF :'.. Matt Hanks, J.D., P.E. Clay Forister, P.E., CFM COUNTY ENGINEER ;� '. ASST,COUNTY ENGINEER Trey Haskins, P.E., CFM /\ Karen McKinnon, P.E. ASST.COUNTY ENGINEER �,, ,� ASST.COUNTY ENGINEER (979)864-1265 O II'OF H�P�o�' (979)864-1270 Office Fax Fax BRAZORIA COUNTY ENGINEERING 451 N VELASCO,SUITE 230 ANGLETON,TEXAS 77515 www.brazoriacountylx.gov August 13, 2021 City of Pearland 3501 E. Orange St. Pearland, TX. 77581 ATTN: Mayor of Pearland RE: NO. IS21-0019—Interlocal Agreement with the City of Pearland Please find two copies of the above referenced Interlocal Agreement between IIrazoria County and the City of Pearland, which has been approved by Commissioners' Court and signed by Brazoria County Judge Sebesta. Please carefully review the conditions of the agreement, and if acceptable, agreement must be signed by the Mayor of Pearland. Please retain a copy for your records and return the second signed copy of the agreement to this office. If you have any questioi please contact Mandic Kelly at(979) 864-1265. Sincere ,• . Matt Ha , JD, PE County Engineer I 1 i os rr4s 0�. 4a EXHIBIT "B" St. itoA • June 23, 2021 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 (2021) Interlace! Agreement between the City of Pearland and Brazoria County for asphalt road paving services. Fiscal year 2020 was impacted immensely by COVID-19. One of those impacts was the delay of interlocal paving services,which were unable to commence until September 28, 2020 and concluded in April 2021. As a result of our combined efforts, Harkey and Stone Road(s)received a combination of recycle and overlay services as listed to in the previous Interlocal Agreement. For Fiscal Year 2021 the City request a continued combination of paving services from Brazoria County to include full depth reclamation in site specific locations where necessary, asphalt overlay and traffic control to the streets listed below. Street Current FCI limits(To From) length Width Work Description O'Day 59 City Limits to Broadway 9090 20 Recycle,Overlay& Traffic Control Veterans 74 Walnut to Mary's Creek 2990 Varies Recycle,Overlay& Traffic Control Old Alvin 55 Mcllard Rd to Hickory Slough 2760 20 Recycle,Overlay& Traffic Control Total 2.81 Miles We at the City of Pearland are truly grateful for our partnership and accomplishments related to infrastructure improvements. Please let me know if you have any questions or comments. I can be reached by telephone at 281-824-2352 or email at dprescod(a�pearlandtx.gov. Sincerely, RECEIVED Dante Prescocl --- .1UN 2 f 2.021 t �% -'•� ENGINEERING DEPT • *--A,....Z.5„,. ...,j li. ..a..„....,..„.' ill ..,; 77. ,_...t.____Lp.m.L.7.__I ., i __1.7 -29...0-.=_;' '''' It'. — IIIIII ,-,.z.-t,v,t,,,--..\, 1 illit Ir.,-rii•Es-mot • � 1 —Lp ç law.ow ittwl,l f�}�!I �Ill't- ". 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