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HomeMy WebLinkAboutR2026-102 20260625RESOLUTION NO. R2026-102 A Resolution of the City Council of the City of Pearland, Texas, approving an Interlocal Agreement (ILA) between the City of Pearland and Harris County associated with the Clear Creek Trail Segment 5 Project and authorizing the City Manager or his designee to execute that Interlocal Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the Interlocal Agreement between the City of Pearland and Harris County, a copy of which is attached hereto as “Exhibit A” and made a part hereof for all purposes, is hereby 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. PASSED, APPROVED and ADOPTED this the 22nd day of June, A.D., 2026. ________________________________ QUENTIN WILTZ MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Page 1 of 9 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 design and construct improvements along the north side of Clear Creek near Province Village Park and Dixie Farm Road Park/Juneteenth Park of which improvements include the construction of approximately 19,000 linear feet of 10-foot-wide paved recreational trails (“Project”) as generally described in Exhibit A attached hereto and incorporated herein by reference; 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.County’s Responsibilities (i)The County will provide a list of qualified firms to provide professional engineering services associated with the Project from the vendor approved list compiled for the Professional Engineering Services 2025 RFSQ, and the County shall include City in the engineering consultant selection process. The County shall 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)The County shall share all stages PS&E deliverables/submittals to the City for review/comment/approval, upon receipt. (iii)The County shall prepare and provide to City right-of-way maps, including metes & bounds descriptions, for the right-of-way necessary for completion of the Project. Resolution No. R2026-102 Exhibit A to R2026-102 Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Page 2 of 9 (iv) The County shall design the Project to City Standards and be responsible for obtaining all necessary permits, utilities, and jurisdictional approvals for construction of the Project. (v) Upon completion of the PS&E the County will submit the PS&E to the City for review and approval. (vi) Within sixty (60) days following approval by the City of the PS&E and City’s acquisition of all required rights-of-way, and securing all required permits for the Project, the County will advertise for and receive bids for construction of the Project, in a manner similar to that of other County projects. (vii) Upon receipt of bids for the construction of the Project the County shall: (a) Determine the lowest and best bidder and provide the bids to the City with its recommendation for award of the construction contract to such lowest and best bidder, as determined by the Harris County Commissioners Court; and (b) Provide an invoice to the City for their cost share percentage for construction of the Project in accordance with Section 2 of this agreement. (viii) Upon award of a contract for construction of the Project, the County will: (a) Manage and inspect the construction of the Project in a manner similar to other County construction projects; and (b) Through its contractor, construct the Project in accordance with the PS&E approved by the City. The County may make minor changes in the PS&E through change(s) in contract ("CIC") that the County 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. (c) Ensure the City will be included as additional insured on Contractor’s insurance and bonds. (ix) Upon completion of the construction of the Project, the County shall: (a) Provide an opportunity for the City to participate in a final walk-through and preparation of a punch list regarding the construction of the Project; and (b) Provide a statement of final accounting to the City detailing all construction costs incurred and identify amount(s) to be invoiced or refunded to the City. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Page 3 of 9 B. City’s Responsibilities (i) City will acquire all Right-of-Way necessary for the construction of the Project and the City, with the assistance from the Engineer of Record, will lead all public engagement associated with the Project. (ii) City will review the PS&E provided by the County and provide its comments or approval within ten (10) business days. Should the City desire to make changes to the PS&E, the Parties agree to meet and resolve all issues within ten (10) business days of the City’s delivery of comments or recommended revisions to the County. If the City fails to provide a response to the PS&E provided by the County within ten (10) business days from its receipt of the PS&E, then the PS&E submitted to the City by the County will be deemed approved by the City. (iii) Upon receipt of the bids and award recommendation from the County for construction of the Project, the City will: (a) Review the bids and provide concurrence for award of the construction contract to such lowest and best bidder within ten (10) business days from receipt of the recommendation from the County. If the City fails to provide a response to the construction contract award recommendation within ten (10) business days from its receipt of the recommendation from the County, then the County’s recommendation will be deemed approved; and (b) Remit payment to the County for the City Funding Share for construction of the Project in accordance with Section 2 of this Agreement. (iv) Continue to assume full responsibility for the ongoing maintenance and repairs of the Project, to the extent of 6 feet beyond the outside edge of the trail. Mowing/Maintenance beyond 6 feet shall be the responsibility of the County and/or adjacent property owner. 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 an amount not to exceed $4,141,950.00 of the total project cost necessary for the design and construction of the Project (County’s Funding Share”) and the City agrees to provide $4,141,950.00 of the total project cost, less the cost of right- of-way acquisition, (“City Funding Share”) necessary for the design and construction of the Project, as generally described in Exhibits B and B-2 attached hereto and incorporated herein by reference. B. The County agrees to break down the City Funding Share described in Exhibits B and B-2 by the cost of improvements to be constructed in Harris County and Brazoria County and according to the agreed upon amenities. County will format the construction bid form by Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Page 4 of 9 the referenced breakdown. County and City agree to pay 100% of the cost of the Project being built in Harris County Right-of-way and the City agrees to fund the cost of the Project being built in Brazoria County and the agreed upon amenities out of the City Funding Share. City agrees to provide the design cost once a contract is in place, and the construction cost share will be provided after bids are received and approved. C. Parties agree that any design or 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 jointly by City, except that payment of additional funding in excess of the County’s Funding Share shall be subject to approval of the additional funding in excess of the City’s Funding Share shall be subject to approval of the City Council. 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 County’s receipt of all payments due from the City under this Agreement, whichever occurs later (“Term”). B. This Agreement may be terminated by the County 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. Limitation of Appropriation A. City understands and agrees, said understanding and agreement also being of the absolute essence of this Agreement, that the County is not currently appropriating any funds for the Project. County may appropriate funds to complete the Project, but such funds shall not under any conditions, circumstances, or interpretations thereof exceed the sum certified available by the Harris County Auditor. County understands and agrees, said understanding and agreement also being of the absolute essence of this Agreement, that the City is not currently appropriating any funds for the Project. City may appropriate funds to complete the Project, but such funds shall not under any conditions, circumstances, or interpretations thereof exceed the sum certified available by the City. B. City understands and agrees, said understanding and agreement also being of the absolute essence of this Agreement, that failure of the Harris County Auditor to certify funds or to certify sufficient funding for any reason shall not be considered a breach of this Agreement. County understands and agrees, said understanding and agreement also being of the absolute essence of this Agreement, that failure of the City to certify funds or to certify sufficient funding for any reason shall not be considered a breach of this Agreement. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Page 5 of 9 Section 5. 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 an envelope 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 3519 Liberty drive Pearland, Texas 77581-5416 Attn: Trent Epperson, City Manager Email: tepperson@pearlandtx.gov With a copy to: City of Pearland 2016 Old Alvin Rd. Pearland, TX 77581 Attention: Lorenzo Wingate, P.E., C.F.M. Email: lwingate@pearlandtx.gov City of Pearland 3519 Liberty drive Pearland, Texas 77581-5416 Attn: Lawrence Provins, City Attorney Email: LProvins@pearlandtx.gov 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. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Page 6 of 9 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 Parties are independent contractors and neither Party, nor its employees or agents shall be considered to be an employee, agent, partner, or representative of the other Party for any purpose. 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. The City is not obligated or liable to any party other than the County 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 the County or City 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 or the City. (2) The Parties agree that no provision of this Agreement extends the liability of either Party beyond the liability provided for 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 either Party of any right, defense, or 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. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Page 7 of 9 H. No Binding Arbitration; Right to Jury Trial. The Parties do not agree to binding arbitration, nor do the Parties 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 Parties warrant that the duties accorded to either Party in this Agreement are within the powers and authority of each Part. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Page 8 of 9 HARRIS COUNTY CITY OF PEARLAND By:_______________________________ By:________________________________ Lina Hidalgo Quentin Wiltz County Judge Mayor APPROVED AS TO FORM: ATTEST JONATHAN FOMBONNE County Attorney By:____________________________ Secretary By:___________________________ Robert de los Reyes Assistant County Attorney CAO File No.: 24GEN2406 Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Interlocal Agreement – Clear Creek Trail Segment 5 - City of Pearland Precinct: 2 Date: 02/26/2026 EXHIBIT A Project Map Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Engineering and Design Services Acquisition County side Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Description Estimated Cost (Estimate Used In Agreement) Harris County Portion [Not to exceed] $4,141,950.00 City of Pearland (Not to exceed) $4,141,950.00 Subtotal $8,283,900.00 Total Cost $8,283,900.00 EXHIBIT B -2 City of Pearland Recreational Trail Improvement Precinct 2 Date 2/26/2026 Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Page 9 of 9 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 PAVED RECREATIONAL TRAILS ALONGSIDE CLEAR CREEK 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 paved recreational trails along the north side of Clear Creek. 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. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C