R2024-002 2024-01-09RESOLUTION NO. R2024-2
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 Harris
County related to the Hughes Road Expansion Project.
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
Harris County, Texas, 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 Harris County, Texas.
PASSED, APPROVED and ADOPTED this the 9th day of January, A.D., 2024.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Harris County, Texas
Commissioners Court
Request for Court Action
1001 Preston St., Suite 934
Houston, Texas 77002
File #:24-0905 Agenda Date:2/27/2024 Agenda #:77.
Department: County Engineer
Department Head/Elected Official: Milton Rahman, PhD, P.E., PMP, CFM, ENV SP, County Engineer
Regular or Supplemental RCA:Regular RCA
Type of Request: Interlocal Agreement
Project ID (if applicable): UPIN 24102MF36X01
Vendor/Entity Legal Name (if applicable): City of Pearland
MWDBE Contracted Goal (if applicable): N/A
MWDBE Current Participation (if applicable): N/A
Justification for 0% MWDBE Participation Goal: N/A - Goal not applicable to request
Request Summary (Agenda Caption):
Request for approval to execute an interlocal agreement with the City of Pearland in connection with
improvements to a segment of Hughes Road from Pearland Parkway to the east end of the City’s limit, UPIN
24102MF36X01, Precinct 2.
Background and Discussion:
The project consists of a combination of street and traffic improvements, widening existing Hughes Road from
two (2) lanes to a four (4) lane boulevard section, with the addition of a 6-ft sidewalk along the west side of
the road (about 6,121 ft). Additional improvements include a sidewalk connection to Green Tee Terrace Trail
and a second bridge along Clear Creek that mirrors the existing bridge. Landscaping, irrigation, and utility
relocations are also scoped within the project limits.
Expected Impact:
The Project will help with ease traffic and providing safe walkway for the pedestrians.
Alternative Options:
If the court action is not approved, traffic congestion may continue, and pedestrians will not have these
benefits.
Alignment with Goal(s):
X_ Justice and Safety
_ Economic Opportunity
_ Housing
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File #:24-0905 Agenda Date:2/27/2024 Agenda #:77.
_ Public Health
_X Transportation
_- Flooding
_ Environment
_X Governance and Customer Service
Prior Court Action (if any):
Date Agenda Item #Action Taken
N/A N/A N/A
Location: Hughes Road from Pearland Parkway to the east end of Pearland City limit
Address (if applicable):
Precinct(s): Precinct 2
Fiscal and Personnel Summary
Service NameProfessional Services
Current Fiscal Year Cost Annual Fiscal Cost
Labor Non-Labor Total Recurring Expenses
Funding Sources
Existing Budget
1070 - Mobility Fund $$4,880,634.00 $4,880,634.00 $
Choose an item.$$$$
Choose an item.$$$$
Total Current Budget $$4,880,634.00 $4,880,634.$
Additional Budget Request (Requires Fiscal Review Request Form)
Choose an item.$$$$
Choose an item.$$$$
Choose an item.$$$$
Total Additional Budget Request$$$$
Total Funding Request $$4,880,634.00 $4,880,634.00 $
Personnel (Fill out section only if requesting new PCNs)
Current Position Count for Service----
Additional Positions Request----
Total Personnel ----
Anticipated Court Date: February 27, 2024
Anticipated Implementation Date (if different from Court date): N/A
Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item
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File #:24-0905 Agenda Date:2/27/2024 Agenda #:77.
Contact(s) name, title, department: Bashar Ahmed, Chief Financial Officer, Office of County Engineer
Attachments (if applicable): Agreement
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JOINT PARTICIPATION INTERLOCAL AGREEMENT
This Joint Participation Interlocal Agreement (“Agreement”) is entered into by and between Harris
County (“County”) and City of Pearland (“City”) pursuant to the Interlocal Cooperation Act, Tex. Gov’t
Code Ch. 791.001, et seq. County and City may each be referred to herein individually as a “Party” or
collectively as the “Parties”.
RECITALS
WHEREAS, it is of mutual benefit to both Parties to construct roadway and sidewalk improvements
along Hughes Road from Pearland Parkway to the east end of the City’s limit (“Project”);
WHEREAS, both Parties desire to cooperate in accordance with the terms of this Agreement to
jointly accomplish the construction of the Project; and
WHEREAS, both Parties agree that all funds used under this Agreement shall be from current fiscal
funds.
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits herein set
forth, the Parties agree as follows:
TERMS
Section 1. Responsibilities of the Parties
A.City’s Responsibilities
(i)The City will provide or cause to be provided, engineering services and related support
services necessary to prepare plans, specifications, and estimates (“PS&E”) for the
construction of the Project.
(ii)Upon completion of the PS&E, the City will submit the PS&E to the County for review and
approval.
(iii)The City shall be responsible for obtaining all necessary permits and jurisdictional approvals
for construction of the Project.
(iv)The City shall be responsible for all utility relocation efforts including pipelines.
(v)Upon approval by the County of the PS&E, the City will advertise for and receive bids for
construction of the Project from qualified bidders. A qualified bidder must be registered with
the Texas Secretary of State to transact business in Texas and must be current on all state
and local fees and taxes, including but not limited to, Franchise Account Status with the
Texas Comptroller of Public Accounts in good standing. The construction contract shall
require the qualified bidder to follow all federal, state, and local laws, rules, codes,
ordinances, and regulations including but not limited to Harris County Road Law.
(vi)Upon receipt of bids for the construction of the Project, the City shall:
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(a) Determine the lowest responsible bidder and provide the bids to the County with its
recommendation for award of the construction contract to such lowest responsible
bidder, as determined by the City; and
(b) Provide an invoice to the County for their cost share for construction of the Project
in accordance with Section 2 of this Agreement.
(vii) Upon award of a contract for construction of the Project, the City will:
(a) Manage and inspect the day-to-day construction of the Project, including
construction materials testing (“CMT”) in a manner similar to that of other County
construction projects; and
(b) Through its contractor, construct the Project in accordance with the PS&E
approved by the County. The City may make minor changes in the PS&E through
change(s) in contract ("CIC") that the City deems to be necessary or desirable
during the construction of the Project, so long as the original scope and intent of
the Project is maintained.
(viii) Upon completion of the construction of the Project, the City shall:
(a) Provide an opportunity for the County to participate in a substantial completion
inspection, preparation of a punch list associated with the substantial completion
inspection and final walk-through in regard to the complete construction of the
Project;
(b) Provide a statement of final accounting to the County detailing all construction costs
incurred and identify amount(s) to be refunded to the County; and
(c) Assume full responsibility for the ongoing maintenance and repairs of the Project.
B. County’s Responsibilities
(i) County will review the PS&E provided by the City and provide its approval within ten (10)
business days. Should the County desire to make changes to such PS&E, the Parties agree
to meet and resolve all issues within ten (10) business days of the County’s receipt of the
PS&E in order to finalize an agreed upon PS&E for the Project. If the County does not
provide a response on the PS&E within ten (10) business days from its receipt of the PS&E,
then the PS&E submitted to the County will be deemed approved.
(ii) Upon receipt of the bids and award recommendation from the City for construction of the
Project, the County will:
(a) Review the bids and provide concurrence for award of the construction contract to
such lowest responsible bidder within five (5) business days. If the County does not
provide a response on the construction contract award recommendation within five
(5) business days from its receipt of the recommendation, then the recommendation
submitted to the County will be deemed approved; and
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(b)Remit payment to the City for the County Funding Share for construction of the
Project in accordance with Section 2 of this Agreement.
(iii)Upon completion of the construction of the Project, the County shall participate in a final
walk-through and inspection of the Project.
Section 2. Funding of the Project
Notwithstanding any provision in this Agreement to the contrary, the following provisions will
apply to all payments made under this Agreement:
A.The County agrees to provide $4,880,634.00 (not to exceed) of the construction cost (“County
Funding Share”) necessary for the construction of the Project and the City agrees to provide
$5,419,366.00 of the construction cost necessary for the construction of the Project.
B.The County agrees to provide payment to the City within thirty (30) business days of receipt of the
invoice.
C.Parties agree that any construction costs incurred during the construction of the project or other work
to be performed under this Agreement in excess of the construction contract award amount may be
funded by the City.
Section 3. Term and Termination
A.This Agreement shall commence upon final execution by all the Parties (the “Effective Date”) and
shall remain in full force and effect until the completion of construction of the Project or the City’s
receipt of all payments due from the County under this Agreement, whichever occurs later (“Term”).
B.This Agreement may be terminated by the City before award of the construction contract and at any
time by mutual written consent of the Parties, or as otherwise provided under this Agreement.
Section 4. Miscellaneous
A. Non-Assignability. The County and the City bind themselves and their successors, executors,
administrators, and assigns to the other Party of this Agreement and to the successors, executors,
administrators, and assigns of such other Party, in respect to all covenants of this Agreement.
Neither the County nor the City shall assign, sublet, or transfer its interest in this Agreement without
the prior written consent of the other Party.
B.Notice. Any notice required to be given under this Agreement (“Notice”) shall be in writing and
shall be duly served when it shall have been (a) personally delivered to the address below, (b)
deposited, enclosed in a wrapper with the proper postage prepaid thereon, and duly registered or
certified, return receipt requested, in a United States Post Office, addressed to County or the City at
the following addresses:
City: City of Pearland
2016 Old Alvin Rd
Pearland, TX 77581
Attention: Lorenzo Wingate
Email: lwingate@pearlandtx.gov
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County: Harris County Engineering Department
1111 Fannin Street, 11th Floor
Houston, Texas 77002
Attention: Interagency Agreement Coordinator
Any Notice given by mail hereunder is deemed given upon deposit in the United States Mail and
any Notice delivered in person shall be effective upon receipt.
Each Party shall have the right to change its respective address by giving at least fifteen (15) days’
written notice of such change to the other Party.
Other communications, except for Notices required under this Agreement, may be sent by electronic
means or in the same manner as Notices described herein.
C. Independent Parties. It is expressly understood and agreed by the Parties that nothing contained in
this Agreement shall be construed to constitute or create a joint venture, partnership, association or
other affiliation or like relationship between the Parties, it being specifically agreed that their
relationship is and shall remain that of independent parties to a contractual relationship as set forth
in this Agreement. The County is an independent contractor and neither it, nor its employees or
agents shall be considered to be an employee, agent, partner, or representative of the City for any
purpose. The City, nor its employees, officers, or agents shall be considered to be employees, agents,
partners or representatives of the County for any purposes. Neither Party has the authority to bind
the other Party.
D. No Third-Party Beneficiaries. This Agreement shall be for the sole and exclusive benefit of the
Parties and their legal successors and assigns. The County is not obligated or liable to any party
other than the City for the performance of this Agreement. Nothing in the Agreement is intended or
shall be deemed or construed to create any additional rights or remedies upon any third party.
Further, nothing contained in the Agreement shall be construed to or operate in any manner
whatsoever to confer or create rights or remedies upon any third party, increase the rights or
remedies of any third party, or the duties or responsibilities of County with respect to any third party.
E. Waiver of Breach. No waiver or waivers of any breach or default (or any breaches or defaults) by
either Party hereto of any term, covenant, condition, or liability hereunder, or the performance by
either Party of any obligation hereunder, shall be deemed or construed to be a waiver of subsequent
breaches or defaults of any kind, under and circumstances.
F. No Personal Liability; No Waiver of Immunity.
(1) Nothing in the Agreement is construed as creating any personal liability on the part of
any officer, director, employee, or agent of any public body that may be a Party to the
Agreement, and the Parties expressly agree that the execution of the Agreement does not
create any personal liability on the part of any officer, director, employee, or agent of the
County.
(2) The Parties agree that no provision of this Agreement extends the County's liability
beyond the liability provided in the Texas Constitution and the laws of the State of Texas.
(3) Neither the execution of this Agreement nor any other conduct of either Party relating to
this Agreement shall be considered a waiver by the County of any right, defense, or
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immunity on behalf of itself, its employees or agents under the Texas Constitution or the
laws of the State of Texas.
G. Applicable Law and Venue. This Agreement shall be governed by the laws of the State of Texas
and the forum for any action under or related to the Agreement is exclusively in a state or federal
court of competent jurisdiction in Texas. The exclusive venue for any action under or related to the
Agreement is in a state or federal court of competent jurisdiction in Houston, Harris County, Texas.
H. No Binding Arbitration; Right to Jury Trial. The Parties do not agree to binding arbitration, nor
does either Party waive its right to a jury trial.
I. Contract Construction.
(1) This Agreement shall not be construed against or in favor of any Party hereto based upon
the fact that the Party did or did not author this Agreement.
(2) The headings in this Agreement are for convenience or reference only and shall not
control or affect the meaning or construction of this Agreement.
(3) When terms are used in the singular or plural, the meaning shall apply to both.
(4) When either the male or female gender is used, the meaning shall apply to both.
J. Recitals. The recitals set forth in this Agreement are, by this reference, incorporated into and
deemed a part of this Agreement.
K. Entire Agreement; Modifications. This Agreement contains the entire agreement between the Parties
relating to the rights herein granted and the obligations herein assumed. This Agreement supersedes
and replaces any prior agreement between the Parties pertaining to the rights granted and the
obligations assumed herein. This Agreement shall be subject to change or modification only by a
subsequent written modification approved and signed by the governing bodies of each Party.
L. Severability. The provisions of this Agreement are severable, and if any provision or part of this
Agreement or the application thereof to any person, entity, or circumstance shall ever be held by
any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder
of this Agreement and the application of such provision or part of this Agreement to other persons,
entities, or circumstances shall not be affected thereby.
M. Survival of Terms. Any provision of this Agreement that, by its plain meaning, is intended to
survive the expiration or earlier termination of this Agreement shall survive such expiration or
earlier termination. If an ambiguity exists as to survival, the provision shall be deemed to survive.
N. Multiple Counterparts/Execution. This Agreement may be executed in several counterparts. Each
counterpart is deemed an original and all counterparts together constitute one and the same
instrument. In addition, each Party warrants that the undersigned is a duly authorized representative
with the power to execute the Agreement.
O. Warranty. By execution of this Agreement, the City warrants that the duties accorded to the City in
this Agreement are within the powers and authority of the City.
[EXECUTION PAGE FOLLOWS]
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HARRIS COUNTY CITY OF PEARLAND
�DocuSigned by: DocuSigned by:
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Lina Hidalgo
County Judge
By f838B12DC748123...
Trent Epperson
City Manager
APPROVED AS TO FORM: ATTEST
CHRISTIAN D. MENEFEE
County Attorney
By: ctn ore.
An Le
Assistant County Attorney
CAO File No.: 23GEN3254
,-DocuSigned by:
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BY: -fl^EC22c34FGF^15
Secretary
Location Map from The Thoroughfare Plan of City of Pearland: Hughes Rd from Pearland Parkway to east end of
Pearland City limit
Location Map by Google: Hughes Rd from Pearland Parkway to east end of City of Pearland limit
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Description Estimated Cost
(Estimate Used In Agreement)
City of Pearland Portion $5,419,366.00
Harris County Portion (Not to Exceed)$4,880,634.00
Subtotal $10,300,000.00
Total Cost $10,300,000.00
EXHIBIT B
Interlocal Agreement - Hughes Road and City of Pearland - 2023
Precinct: 2
Date: 10/17/2023
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ORDER OF COMMISSIONERS COURT
The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the
Harris County Administration Building in the County of Houston, Texas, on
_________________________, with all members present except _______________________________.
A quorum was present. Among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF A JOINT PARTICIPATION INTERLOCAL
AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF PEARLAND TO CONSTRUCT
ROADWAY AND SIDEWALK IMPROVEMENTS AND ALL RELATED APPURTENANCES IN
HARRIS COUNTY PRECINCT 2
Commissioner _____________________ introduced an order and moved that Commissioners
Court adopt the order. Commissioner _____________________ seconded the motion for adoption of the
order. The motion, carrying with it the adoption of the order, prevailed by the following vote:
Yes No Abstain
Judge Lina Hidalgo
Comm. Rodney Ellis
Comm. Adrian Garcia
Comm. Tom S. Ramsey, P.E.
Comm. Lesley Briones
The County Judge thereupon announced that the motion had duly and lawfully carried and that the
order had been duly and lawfully adopted. The order thus adopted follows:
IT IS ORDERED THAT:
1.The Harris County Judge is authorized to execute on behalf of Harris County the attached Joint
Participation Interlocal Agreement between Harris County and City of Pearland to construct
roadway and sidewalk improvements and all related appurtenances in Harris County Precinct 2.
2. All Harris County officials and employees are authorized to do any and all things necessary or
convenient to accomplish the purposes of this order.
February 27, 2024 Judge Hidalgo
Garcia
Ramsey
_________________________________________________
______________Commissioner Ellis
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OFFICE OF THE COUNTY ENGINEER
DR. MILTON RAHMAN, P.E., PMP, CFM, ENV SP
1111 Fannin St. 11th fl. Houston, TX 77002 (713) 274-3600 www.eng.hctx.net
March 7, 2024
City of Pearland
2016 Old Alvin Rd
Pearland, TX 77581
Attention: Lorenzo Wingate
SUBJECT: Joint Participation Interlocal Agreement between Harris County and
City of Pearland to construct roadway and sidewalk improvements
and all related appurtenances, located in Harris County, Precinct 2.
(UPIN 24102MF36X01)
Dear Mr. Lorenzo,
The subject Joint Participation Interlocal Agreement was executed by the Harris County Commissioner’s Court on February 27, 2024. Attached for the City’s records is a copy of the fully executed Agreement. If you have any questions or need additional information, please do not hesitate to contact me via email at Rafi.Omar@harriscountytx.gov, or via phone at (713) 274-3254. Sincerely,
Rafi Omar
Contract Specialist
Attachments
cc:
Commissioner Adrian Garcia, Pct. 2 Bashar Ahmed, HCED
Mike Lykes, Pct. 2
Jose Jimenez, Pct. 2
Tiko Reynolds-Hausman, Pct. 2
Faustino Benavidez, Pct. 2
Jorge Bustamante, Pct. 2
Chris Saddler, Pct. 2