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R2023-136.1 2023-09-25DocuSign Envelope ID: 9B4B004F-F6BC-43DC-A994-EF092B76B63B RESOLUTION NO. R2023-136.1 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. 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 25th day of September, A.D., 2023. pze.. cuSigned by: 661A61593F4F2... J. KEVIN COLE MAYOR ATTEST: - DocuSigned by: Frat&ws QOLar \-95Er925'41FFF415. FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: F1 B6... DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 2214B509-B3EE 43FA-8E93-E5EBBD67FA2B Exhibit A STATE OF TEXAS § COUNTY OF BRAZORIA § INTERLOCAL AGREEMENT BETWEEN BRAZORIA COUNTY AND THE CITY OF PEARLAND IS23-0035 This Agreement is made between BRAZORIA COUNTY and the CITY OF PEARLAND hereinafter referred to as the COUNTY and CITY respectively. RECITALS WHEREAS, the CITY wishes to repair all roads as listed on Exhibit "B"; and WHEREAS, the CITY has requested the COUNTY'S assistance to providing labor and equipment to repair all roads as listed on Exhibit "B"; and WHEREAS, 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 §251.012, 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 be necessary together with operators to repair all roads listed on Fxhibit "B". 1.02 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 COUNTY'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 this 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 $10,000.00. COUNTY equipment utilized on site for the project shall be charged to CITY on a daily rate for each day it is on -site. DocuSign Envelope ID: 2214B509 B3EE-43FA-8E93-E5EBBD67FA2B 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 perfommng paity 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 Ordei of the Commissioners Court so authorizing, and the CITY executes this Agreement by and thi ough the President acting pursuant to author izations 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 execution dates herein below. DocuSigned by: B 81A616g3r4r2... CITY OF PEARLAND MAYOR 9/26/2023 1 8:39 AM CDT Date signed: DocuSigned by: By: l ( Ilk. `'dd.aiF`' SLlkt,sfa, jr. C007E89964A6419... BRAZORIA COUNTY COUNTY JUDGE Date signed: Oct 11, 2023 DocuSign Envelope ID: C23C8593-46A0-4F17-AFOC-28CB4C1E08C0 Exhibit 'B' DocuSign Envelope ID: 2214B509-B3EE-43FA-8E93-E5EBBD67FA2B N API F1 z s Cr, re v a g cs g _ ting O )-r C a) 6) N ~d a 4.0 ww N N O ON STREET/LOCATION TS TO BROAD U m O Do N N 00 •• v U <t cry 0 N • CN en kr) I ILLHOUSE. G c 0 4-4 .0 0 P. tG 3) C C j V: -d U [J EW 'L a o ti Ire L. u] � 0 o w CITY OF PEARLAN]) County Paving - . 2023 PCI Drarogt Lathes ETJ 1 Fe,• yy 45 rm....mr•r.lr... H Y�i1 f IT+M1I 1LYtlWX1111,0. LkrarrSllr 009036017808Z-00dV-LL P-0V917-E6S80EZa :al adoianu3 u6ignooa November 29, 2023 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 the 2024 Interlocal Agreement between the City of Pearland and Brazoria County for asphalt road paving services. Interlocal Paving Services for Fiscal Year 2023 was approved by the Pearland City Council on July 24, 2023 via R2023-136 and subsequently updated to include Exhibit A (IS23-0035) via R2023- 136.1 on September 25, 2023. The 2023 plan allows for paving services along Garden Road, Hawk Rd, Hillhouse Rd, Walnut St and Fite Road. These improvements commenced on September 11, 2023, beginning with Garden Road which has been completed while improvements to the remaining roads are ongoing at this time. In response to Brazoria County's Interlocal Agreement Project Request Summary for FY24 and accompanying letter dated November 30, 2023 the City of Pearland provides the following list of proposed roads for consideration of interlocal paving services in FY24. Commensurate with the FY23 Interlocal Agreement for paving services, the City requests 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 in FY24. Street Current PCI Limits (To From) Length Width Work Description Roy Rd. 52 City Limits to FM 518 9,300 22ft Recycle, Overlay & Traffic Control Veterans Dr. 65 Magnolia to Bailey 5,000 24ft (width may vary in some locations) Recycle, Overlay & Traffic Control Old Chocolate Bayou Rd. 54 FM 518 to Cullen 1,720 24ft Recycle, Overlay & Traffic Control Plum St. 64 Schleider to HWY 35 4,700 24ft Recycle, Overlay & Traffic Control Total 3.92 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@pearlandtx.gov. Sincerely, Dante Prescoc+ Anderson Rd gomar Way Coen Rd S Pine St Anderson Rd 0 m 0 0_ Fellows Rd fr I ;ate Old Chocolate Bayou: 0.33 Mi 54 PCI L ROAD_WAY'S_r Delbello Ln Fuqua St Fuqua St HU:GI E;S-RANCH-RD lilt ory Slough �fT=- FIT.E RD n n Bahhller Ave 0 Fuoua St Schurmier Rd Carter Rd Roy Rd: 1.76 Mi 52 PCI aRQOKSIRE RO City of Houston, HPB, Texas Par Plum St. : 0.89 Mi 64 PCI -i Ir ird —WZORANGE-ST BAILEY-RD-- I Pt Creek Diversion CITY OF PEARLAND Interlocal Agreement FY 2024 PCI Qt Kirkda\:3 Wilder' 1 inch = 1 miles This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on.the.ground survey and represents only the approximate relative location of property boundaries. MAP PREPARED: NOVEMBER 2023 CITY OF PEARLAND IT-GIS DEPARTMENT Matt Hanks, P.E., CFM COUNTY ENGINEER 979.864.1265 979.388.1265 ANGLETON CLUTE September 1, 2023 City of Pearland 3 519 Liberty Drive Pearland, TX 77581 Karen McKinnon, P.E. ASST. COUNTY ENGINEER Wael Tabara, P.E., CFM ASST. COUNTY ENGINEER 281 756.1265 979.864.1270 HOUSTON FAX BRAZORIA COUNTY ENGINEERING 451 N VELASCO, SUITE 230 ANGLETON, TEXAS 77515 RE: Fiscal Year 2024 Road Project Request Dear Mayor: Attached is your FY24 Road Project Request Summary Form. Please be advised that some information regarding your requests and interlocals has changed. After reviewing the information contained in this letter, please complete and return the enclosed Project Request Summary listing all Road Construction Projects and Ditch Digging Requests (maximum of four (4) locations) in priority order for which you are requesting labor and equipment from Brazoria County Road and Bridge for Fiscal Year 2024. Please do not include the roads from your FY 2023 road project request. Each Project Request Summary requires Mayoral approval by signature. It is very important for our Superintendent to be involved in the negotiation and planning process with your Administration as to the level of work the County can accomplish for you. Please return your completed Project Request Summary prior to November 1, 2023 (note this deadline has changed from previous years) by emai/ink to the following: engineer-interlocals@brazoriacountytx. o�v We encourage you to consider that the County would prefer to do overlays only, where appropriate, for road construction on an entire road to limit the number of mobilizations. Doing sub -base, base and stabilization of road materials is consuming and ties up resources. We request that you limit "road construction" to a total of approximately two miles per year. Ditch Di,ggin,g Requests must be included in your Project Request Summary and must include a map with the requested area highlighted. Any drainage design work necessary for this request is the responsibility of the city. The County Road and Bridge Act authorized Commissioners Court to expend county funds and utilize county equipment to do road and street work within incorporated cities and towns, provided the governing body of the city or town consents and it does not interfere with county road and bridge projects. Therefore, work under this Interlocal agreement must be initiated by submitting a written request signed by your Mayor to the Engineer's Office. If such work is determined to be a benefit to the County by Commissioners Court, work will be performed as quickly as our Road Superintendent is able to schedule in coordination with other projects and commitments. If unexpected projects come up during the year, please follow the same process of involving our appropriate Service Center. The Road Superintendent will schedule in coordination with other projects and commitments. It is not necessary to involve the Superintendent in the planning process for driveways to be set, or pothole patching. Please submit a written request to engineer- interlocals@brazoriacountytx.gov. For culvert sets please include all of the following information in your request: • Location • Name and Contact Number (person requesting the work) • Number of Culverts to be Set • Diameter of Culverts to be Set Culverts must be on -site with area staked out. The County will assist in spreading material providing the material is on -site prior to our arrival to perform the work. Cities are responsible for all material (road material, patching material, signs, culverts, etc.) and may purchase through the County's suppliers providing they have a "separate" Interlocal agreement with the Brazoria County Purchasing Department to do so. Cities will be invoiced for any material depleted from County Road and Bridge inventory. Cities should obtain a Purchase Order directly with supplier, paying the supplier direct for material costs. If you have any questions, please contact Tricia Simmons at (979)864-1265 or email engineer- interlocals@brazoriacountytx.gov. �- 'cerel MattHanks, PE County Engineer City of Pearland Interlocal Agreement Project Request Summary }CY-24 LIMITS FROM) LENGTH WIDTH WORK DESCRIPTION (Major Street Projects and/or Ditch FOR OFFICE STREET/LOCATION USE ONLY (FT) (FT) Digging ONLY) (TO — 9 300 , 22 Overlay & Roy Road Recycle, CityLimits to FM 518 Traffic Control Veterans Drive 24 Recycle, Overlay & (width vary locations) in may some Magnolia to Bailey 5,000 Traffic Control 24 Recycle, Overlay & FM 518 to Cullen 1,720 Old Chocolate Bayou y Traffic Control Plum Street 24 Recycle, Overlay & 4,700 Schleider to H1/1/Y 35 Traffic Control Note: Must have Mayoral approval Return to: County Engineer's Office Engineer-interlocals@a brazoriacountytx.gov • / V Appoid By: Mayor al. ,Afe az Date PROJECT NO. IS23-0035 (REFERENCE ON ALL TIMESHEETS/DEPLETIONS) INTERLOCAL SPECIAL NO. IS23-0035 TO: FROM: SUBJECT: DATE: MIKE MATT HANKS/TS INTERLOCAL AGREEMENT 10/6/2023 THIS IS YOUR AUTHORIZATION TO START WORK ON THE INTERLOCAL SPECIAL WITH THE CITY OF PEARLAND FOR THEIR FY23 AS APPROVED IN COMMISSIONERS COURT ON 10/10/23 by COURT ORDER 7.H.7. PLEASE PROVIDE ME A LIST OF ANY DEPLETION OF INVENTORY FROM COUNTY STOCK� Note: 1 need a list of all items depleted and cost for oil, hot mix, bullet teeth, paint, etc... (Anything they can't pay the vendor for directly). Please continue to have materials depleted on items that can be depleted even though reports are not currently capturing costs. Please provide a list similar to your estimate spreadsheet but with actual costs. This applies to all Cities (blankets), School Districts and Drainage Districts. PLEASE SEE ATTACHED INTERLOCAL AGREEMENT. Thank you, Tricia Simmons PLEASE SIGN AND RETURN THIS PINK ORIGINAL PINK COPY TO TRICIA SIMMONS WITH THE DATE OF COMPLETION. DATE COMPLETED / / SIGNATURE