R2021-222 2021-10-11DocuSign Envelope ID: A2B0372A-5BB7-44E2-B049-4041F858121A
RESOLUTION NO. R2021-222
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 repairs to Northfork Drive, in the estimated
amount of $38,657.50.
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 11t day of October, A.D., 2021.
VIN COLE
AYOR
EST:
STAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: A2B0372A-5BB7-44E2-B049-4041F858121A
INTERLOCAL AGREEMENT BETWEEN BRAZORIA COUNTY, TEXAS, AND
THE CITY OF PEARLAND, TEXAS, FOR PAVEMENT REPAIRS ALONG ONG NORTHFORK
DRIVE (CR 648) EAST OF MORGAN ROAD (CR 648P)(PREc1NcT 2)
This Interlocal Agreement (this "Agreement") is made effective as of the Effective Date
(as defined below), by and between BRAZORIA COUNTY, TEXAS, acting through its
Commissioner's Court (the "County"), and the CITY OF PEARLAND, TEXAS, acting through
its Mayor and/or City Manager (the "City"). The City and the County may be referred to
individually as a "Party" and collectively as the "Parties."
WHEREAS, Texas Transportation Code §311.001 authorizes the City to exercise exclusive
control over and under the public highways, streets, and alleys of the municipality; and
WHEREAS, The Interlocal Cooperation Act, Texas Government Code § 791.001 et seq.,
authorizes the City to enter into an interlocal agreement with the County subject to the conditions
and limitations of this Agreement; and
WHEREAS, Texas Transportation Code §251.012 provides that with the approval of the
City, the County may spend County money to finance the construction, improvement,
maintenance, or repair of a street or alley in the City, including the provision of County equipment,
materials, and labor as set forth therein; and
WHEREAS, City warrants that it's City Council approved this agreement by Resolution
dated , 2021 authorizing the City Manager to execute it on City's behalf.
WHEREAS, County warrants that its Commissioners' Court approved this agreement by
Court Order No. 7' F. 7 dated 08/23/2022 , authorizing the County Judge to
execute it on the County's behalf, and specifically approving the Project defined in this Interlocal
Agreement.
NOW, THEREFORE, the County and the City agree as follows:
1. Payments from Current Revenues. Each Party paying for the performance of
governmental functions or services described herein agrees to make payments from current
revenues available to that paying Party.
2. Term. This Agreement shall commence on the Effective Date and shall terminate
under the conditions set forth herein.
3. Project. Pavement repair on the Westbound travel lanes along Northfork Drive (CR
648) from Morgan Road (CR 648P) to approximately 385' East of Morgan Road (CR 648P)
("Project"), as shown in Exhibit A. The Project includes removal of existing concrete paving, Time
treatment of the subgrade, and installation of jointed concrete paving and concrete curb.
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4. County's Covenants. County shall be responsible for the following pertaining to
the Project:
Project.
a. Perform full-time inspection and provide daily reports during construction;
b. Manage the construction contractor and construction costs, including
approval of all change orders;
c. Coordinate with and provide progress reports to City during construction.
d. County shall begin construction by December 2021.
5. City's Covenants. City shall be responsible for the following pertaining to the
a. Provide 100% of the required funding for construction including any
approved change orders; the estimated construction cost is $38,657.50
based on the engineer's estimate as shown in Exhibit B;
b. The City will be invoiced in one lump sum once the project is substantially
completed.
b. Independent Contractor. 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 Department.
7. Fair Compensation. The Parties acknowledge and agree that each of the payments
contemplated by this Agreement fairly compensate the performing Party.
8. Termination. At any time and for any reason, either Party may terminate this
Agreement by providing thirty (30) days' written notice of termination to the other Party.
4. Funding. The Parties understand and acknowledge that the funding of this
Agreement is contained in each Party's annual budget and is subject to the approval of each Party
in each fiscal year. The Parties further agree that should the governing body of any Party fail to
approve a budget that includes sufficient funds for the continuation of this Agreement, or should
the governing body of any Party fail to certify funds for any reason, then and upon the occurrence
of such event, this Agreement shall automatically terminate as to that Party and that Party shall
then have no further obligation to the other Party. When the funds budgeted or certified during any
fiscal year by a Party to discharge its obligations under this Agreement are expended, the other
Party's sole and exclusive remedy shall be to terminate this Agreement.
10. No Joint Enterprise. The Agreement is not intended to, and shall not be construed
to, create any joint enterprise between or among the Parties.
11. Venue and Applicable Law. This Agreement is subject to all present and future
valid laws, orders, rules, ordinances, and regulations of the United States of America, the State of
Texas, the Parties, and any other regulatory body having jurisdiction. This Agreement shall be
construed and governed according to the laws of the State of Texas. The sole venue for any action,
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controversy, dispute, or claim arising under this Agreement shall be exclusively in a court of
appropriate jurisdiction in Brazoria County, Texas.
12. Public Information. This Agreement is public information. To the extent, if any,
that any provision of this Agreement is in conflict with Texas Government Code Chapter 552 et
seq., as amended (the "Texas Public Information Act"), such provision shall be void and have no
force or effect_
13. No Third -Party Beneficiaries. This Agreement is entered solely by and between,
and may be enforced only by and among the Parties. Except as set forth herein, this Agreement
shall not be deemed to create any rights in, or obligations to, any third parties.
14. No Personal Liability. Nothing in this Agreement shall be construed as creating
any personal liability on the part of any employee, officer, or agent of any Party to this Agreement.
15. No Indemnification by City or County. The Parties expressly acknowledge that
the City's and the County's authority to indemnify and hold harmless any third party is governed
by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require
indemnification by the City or the County is invalid. Nothing in this Agreement requires that either
the City or County incur debt, assess or collect funds, or create a sinking fund.
16. Sovereign Immunity Acknowledged and Retained. THE PARTIES
EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS
AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY
PARTY OF ANY IMMUNITY FROM SUIT OR LIABILITY THAT A PARTY MAY
HAVE BY OPERATION OF LAW. THE CITY AND THE COUNTY RETAIN ALL
GOVERNMENTAL IMMUNITIES.
17. No Assignment. This Agreement shall not he assigned by either Party without the
express written consent of the other Party,
18. Entire Agreement. This Agreement, including the exhibits, contains the entire
agreement between the City and the County pertaining to the project contemplated hereby and
fully supersedes all prior agreements and understandings between the City and the County
pertaining to such transaction.
19. Modification. The Agreement cannot under any circumstance by modified orally,
and no agreement shall be effective to waive. change, modify, or discharge this Agreement in
whole or in part unless such agreement is in writing and is signed by both the City and the County.
20. Effective Date. The Effective Date of this Agreement shall be the date on which
the second of the two Parties executes this Agreement.
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AGREED and SIGNED to he effective as of the Effective Date.
COUNTY: CITY:
BRAZORIA COUNTY, TEXAS THE CITY OF PEARLAND, TEXAS
By: rDocuSigned by:
St tit sta
Ar358-Akteste4Sebesta, Jr.
Brazoria County Judge
By:
C'.y Pe rso
City Mana - r
DATED: Aug 29, 2022 DATED: / ] / 5 T 11"
ATTEST:
City Secretar
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DocuSign Envelope ID: A2B0372A-5BB7-44E2-B049-4041F858121A
EXHIBIT B
Additional Scope for City of Pearland - Preliminary Cost Estimate
Northfork Drive
Replace Full WB Travel Lane - From Joint 147' East of Morgan Road Intersection to Joint 385' East of Morgan Road intersection
Bid Item
Description
Unit
Quantity
Revision
Unit Price
Extension
104-6001
REMOVING CONC (PAV)
SY
496.11
$ 5.00
$ 2,480.56
260-6002
LIME (HYDRATED LIME {SLURRY))
TON
15.08
$ 200.00
$ 3,015.83
260-6009
LIME TRT (EXST MATL)(10")
SY
548.33
S 4.00
$ 2,193.33
360.6017
CONC PVMT (JOINTED - CPCD) (7")
5Y
496.11
5 61.00
$ 30,262.78
529-6002
CONC CURB
LF
235.00
5 3.00
$ 705.00
TOTAL: $ 38,657.50
5ilverlake Concrete Repair - COP Northfork Work Cost Estimate Updated: 7/23/2021
Prelim Cost Estimate 4:17 PM