R98-65 11-09-98RESOLUTION NO. R98-65
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 DRAINAGE
DISTRICT NO. 4 TO COOPERATE IN THE REPAIR OF THE MCLEAN ROAD
BRIDGE AT MARY'S CREEK WITHIN THE CORPORATE CITY LIMITS OF
PEARLAND.
BE IT HEREBY 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 Drainage District No. 4, 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 the original of the attached agreement for and on behalf
of the City of Pearland, to cooperate with Brazoria Drainage District No. 4 in the repair
of the McLean Road Bridge at Mary's Creek within the corporate City limits of Pearland.
PASSED, APPROVED and ADOPTED this the '
A.D., 1998.
ATTEST:
RETARY
~..-i-~ day of
MAYOR
DARRIN M. COKER
CITY ATTORNEY
INTERLOCAL AGREEMENT
BETWEEN
CITY OF PEARLAND AND BRAZORIA DRAINAGE DISTRICT NO. 4
FOR REPAIRS TO THE McLEAN ROAD BRIDGE AT MARY'S CREEK
This Agreement is dated as of the 28 day of October 1998, by and
between the City of Pearland, Texas, acting through its City Manager or his designee ("City" ,
and the Brazoria Drainage District No. 4, acting through its Superintendent ("District")
City and District, pursuant to the Interlocal Cooperation Act, Texas Government Code,
Chapter 791, for the mutual consideration and covenants hereinafter set forth, agree as follow :
ARTICLE I
SCOPE OF SERVICES
1.1. City agrees to provide, at its own expense, the following labor and supplies
necessary for the completion of repairs to the McLean Road bridge at Mary's Creek and
road resurfacing associated with said repairs:
• Approximately 100 tons of 2.0 sack cement stabilized sand, to be hauled by
County trucks
• All resurfacing (asphalt work) of the bridge
• Any necessary traffic control, flagmen, barricades, and signs
• Notification to the general public
• Saw cutting on both ends of the bridge prior to the commencement of the
project
1.2. District agrees to provide, at its own expense, all labor and equipment necessary
to restore the wooden bridge.
I
I I
1.3. Joe Alutaraz, the City's Superintendent of Streets and Drainage, is hereby
designated as the natural person selected by City to lead, direct, and coordinate Ciry's site work
in accordance with this Agreement.
1.4. Michael D. Yost , Superintendent , is hereby designated
as the natural person selected by District to lead, direct, and coordinate District's site work in
accordance with this Agreement.
ARTICLE 2
CONTRACT TIME
2.1. The term of this Agreement shall be for a period of 30 days, commencing on
November 9, 1998, and terminating on December 8, 1998.
2,2. Notwithstanding the provisions set forth in paragraph 2.1. of this Article, this
Contract may be terminated at any time after the execution hereof at the option of either Party
by giving the other Party thirty (30) days' written notice.
ARTICLE 3
MISCELLANEOUS
3.1. City and District agree and understand that in performance of this contract, all
employees of City shall remain City employees and shall not be considered agents, employees
or borrowed servants of District, and all employees of District shall remain District employees
and shall not be considered agents, employees or borrowed servants of City.
3.2. City and District further agree that work and materials provided by City in
accordance with this Agreement, are provided without warranty of any kind to District or any
third party, and work and materials provided by District in accordance with this Agreement, are
provided without warranty of any kind to City or any third party.
7
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•
THE STATE OF TEXAS §
COUNTIES OF BRAZORJA AND HARRIS
(IBEFORE ME, the undersigned Notary Public, on this day personally appeared
f r V►C _\ ' \I o S+' , known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
NOT RY P LIC, STATE OF TEXAS
P I
f F,..L« A,
s TL of EX,^3 Commission Expires: .5-2 20 0
: ;v EXP s Printed Name: Kk-\--111 E= W h I (S
2001
THE STATE OF TEXAS §
COUNTY OF B R A z), §
• BEFORE ME, the undersigned Notary Public, on this day personally appeared
t-Er4 4..Er2LJ 1 /J , known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same fox the purposes
and consideration therein expressed.
QLi.IL-s
NOTARY PUBLIC, TATE OF TEXAS
;,ti,�a;,,- .. . _ Commission Expires: 9/� I Jq 43
: ; LISA O.JONES I
=+ �j ei NOTARY PUBLIC•STATE OF TEXAS Printed Name: i_, s a I),, 3[7 rte5
Vt' • MY COMMISSION EXPIRES
��
..4i I ro.. `. SEPTELIBER 21, 1999
•
4 INTERHDD.09B
EXHIBIT
1
INTERLOCAL AGREEMENT
BETWEEN
CITY OF PEARLAND AND BRAZORIA DRAINAGE DISTRICT NO. 4
FOR REPAIRS TO THE McLEAN ROAD BRIDGE AT MARY'S CREEK
This Agreement is dated as of the day of , 19 , by and
between the City of Pearland, Texas, acting through its City Manager or his designee ("City"),
and the Brazoria Drainage District No. 4, acting through its General Manager ("District").
City and District, pursuant to the Interlocal Cooperation Act, Texas Government Cod ,
Chapter 791, for the mutual consideration and covenants hereinafter set forth, agree as follows:
ARTICLE I
SCOPE OF SERVICES
1.1. City agrees to provide, at its own expense, the following labor and suppli-s
necessary for the completion of repairs to the McLean Road bridge at Mary's Creek d
road resurfacing associated with said repairs:
• Approximately 100 tons of 2.0 sack cement stabilized sand, to be,hauled by
County trucks
• All resurfacing (asphalt work) of the bridge
• Any necessary traffic control, flagmen, barricades, and signs
• Notification to the general public
• Saw cutting on both ends of the bridge prior to the commencement of the
project
1.2. District agrees to provide, at its own expense, all labor and equipment necessary
to restore the wooden bridge.
1
1.3. Joe Almaraz, the City's Superintendent of Streets and Drainage, is here b y
designated as the natural person selected by City to lead, direct, and coordinate City's site wo k
in accordance with this Agreement.
1.4. , , is hereby designated
as the natural person selected by District to lead, direct, and coordinate District's site work m
accordance with this Agreement.
ARTICLE 2
CONTRACT TIME
2.1. The term of this Agreement shall be for a period of 30 days, commencing o n
November 9, 1998, and terminating on December 8, 1998.
2.2. Notwithstanding the provisions set forth in paragraph 2.1. of this Article, t 's
Contract may be terminated at any time after the execution hereof at the option of either Pa
by giving the other Party thirty (30) days' written notice.
ARTICLE 3
MISCELLANEOUS
3.1. City and District agree and understand that in performance of this contract, all
employees of City shall remain City employees and shall not be considered agents, employe Ls
or borrowed servants of District, and all employees of District shall remain District employe s
and shall not be considered agents, employees or borrowed servants of City.
3.2. City and District further agree that work and materials provided by City in
accordance with this Agreement, are provided without warranty of any kind to District or any
third party, and work and materials provided by District in accordance with this Agreement, are
provided without warranty of any kind to City or any third party.
2
3.3. City and District each hereby agree, to the extent allowable by law, to defend,
hold harmless, and indemnify the other, its officers, agents, and employees for any claims for
injury or death of any person or any property damage arising out of each party's respective
performance of obligations under this Agreement.
3.4. This Agreement and all obligations created hereunder shall be performable n
Brazoria County, Texas.
3.5. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
3.6. This Agreement may only be amended, modified, or supplemented in writing and
subsequently dated by City and District.
SIGNED and ENTERED this day of , 19
ATTEST: CITY OF PEARLAND
By:
Young Lorfmg Glen R. Erwin
City Secretary Interim City Manager
BRAZORIA DRAINAGE DISTRICT NO. 4
By:
Printed Name:
Title:
3
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed o
the foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
Printed Name:
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the purpo es
and consideration therein expressed.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
Printed Name:
4 INTERBDD!098
C (4114)
BRAZORIA DRAINAGE DISTRICT NO. 4
4805 West Broadway* Pearland,Texas 77581-3934 * (281)485-1434 * Fax (281)485-0065
October 28, 1998
Mr. Darrin Coker
City of Pearland -
,_
3519 Liberty Drive ---�
Pearland, Texas 77581 - !,_ '
\ r
Dear Darrin:
I have enclosed two copies of the interlocal` ria Drainage
District No. 4 and the City of Pearland for the• a e�Mary's Creek
on McLean Road. This agreement was approve .=rmissioners at the regular
meeting held today.
When approved by the city council and executed by Mr. Erwin, please return one copy
to the drainage district.
If you have any questions please call.
Sincerely,
V;,2,7-
.
Michael D. Yost
Superintendent
MDY/kw
Enclosure
Commissioners*Ben Lenamon*Roger Davis*Jeffrey Brennan