R2009-067 - 2009-04-27RESOLUTION NO. R2009-67
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.
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 27th day of April, A.D., 2009.
TOM REID
MAYOR
ATTEST:
(/V
Y NG FIN TR C
I Y S RETA
APPROVED AS TO FORM:
~a- ~ /~f
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2009-67
PEARLAND - BRAZORIA COUNTY
INTERLOCAL AGREEMENT
CONCERNING THE McHARD ROAD RECONSTRUCTION PROJECT
(COUNTRY PLACE BLVD TO CR 94)
This agreement is made between the CITY OF PEARLAND, acting through its
City Council ("City") and BRAZORIA COUNTY acting through its Commissioners'
Court ("County")
NOW THEREFORE, THE CITY AND THE COUNTY agrees as follows:
I.
1.0 This agreement is made pursuant to Texas Government Code §791.011 in
that it contemplates the furnishing of governmental functions and services between the
parties as defined by Texas Government Code §791.003 (3) (C), (I), (J), and (N).
1.1 Each Party agrees that any 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 performing party for the service or
materials it supplies provided for the other party's benefit.
1.2 City warrants that its City Council approved this agreement by Resolution
dated , 2009 authorizing its City Manager to execute it
on City's behalf.
1.3 County warrants that its Commissioners' Court approved this agreement
by Court Order No. ~q dated ~-a?-D q authorizing its County Judge
to execute it on the County's behalf, and specifically approving each project listed in this
Interlocal Agreement.
1.4 Each party acknowledges and agrees that it shall furnish the services
promised, whether by contractor or not, in compliance with City and County guidelines
and timely provide such monies as promised herein to fund its respective share of each
project, subject to the following:
(1) funding and services for the project is subject to the availability of
current fiscal year revenue or bond revenue and the appropriation
of such revenue by the party's governing body to the project to be
commenced; and
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(2) provided that upon appropriation of revenue for the project
described herein and upon commencement of a party's funding or
services for the project or execution of a construction contract for
the particular project, the parties shall be obligated to the
construction funding and services described in this Agreement for
the project, and that specific project only.
1.5 This agreement covers the following project:
(1) McHard Road Reconstruction (East Country Place Blvd. to
Country Place Pkwy (C.R. 94) not including the intersection with
C.R. 94)
II.
2.0 The Parties agree to provide the following services, either directly or by
contracting and the following levels of funding subject to the conditions and exceptions
described hereinabove.
2.1 City Responsibilities:
(1) City shall act as lead participant. The parties agree that the lead participant shall
manage the City-County partnership and coordinate and negotiate the
partnership's relationship with any other entities.
(2) City shall prepare the schematic and PS&E, obtain all necessary permits, acquire
appropriate right-of--way and relocate utilities if necessary.
(3) City shall develop and execute an agreement with Brazoria County Municipal
Utility District #4, which will fund the drainage related portion of the project.
(4) City shall bid and administer the project.
(5) City shall base its design and related tasks on the removal and reconstruction of
McHard Rd from East Country Place Boulevard to C.R. 94. The reconstruction
improvements will be limited to existing pavement removal, embankment to
elevate the roadway, subgrade, concrete paving, storm sewer inlets, storm sewer
pipe to tie-into the existing storm sewer trunk line, and striping.
(6) City shall fund 'h of the project costs estimated to be $912,559.64 (see attached
project budget).
County Responsibilities: County shall remit '/z of the project cost estimated to be
$912,559.64 (see attached project budget) to the City within ten days following of the
City's award of the construction bid for the project. Within thirty (30) days following the
issuance of a Certificate Final Completion for construction of McHard Road from
Country Place Drive to C.R.94, the City will perform, or cause to be performed, a final
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accounting of the actual costs of the engineering, construction, and management. If the
final accounting concludes that the actual cost for engineering, construction, and
management exceeds the estimated costs paid by the County to the City pursuant to
Exhibit A attached hereto, County agrees to pay the City one-half (1/2) the excess
amount for roadway items within thirty (30) days after receiving written notice from the
City. If one-half (1/2) of the actual cost is less than the amount of the estimated costs paid
to the City ,then the City will refund the difference between the estimated and actual cost
to the County within thirty (30) days after the final accounting is complete.
2.2
III.
3.1 City and County recognize and agree that nothing herein shall be construed to
create any rights in third parties.
3.2 The Parties expressly agree that no party shall have the right to seek
indemnification or contribution from any other party hereto for any losses, costs,
expenses, or damages directly or indirectly arising, in whole or part from this
Agreement.
3.3 Whenever possible, each provision of this Agreement shall be interpreted in such
a manner as to be effective and valid under applicable law, but if any section,
subsection, paragraph, sentence, clause, phrase, work or portion of this
Agreement is, for any reason, held invalid. unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
3.4 The Rights and obligations of this Agreement shall not be assigned without prior
written consent of City and County.
3.5 This Agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
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3.6 This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
3.7 This Agreement shall be binding upon and inure to the benefit of the parties and
their administrators, agents, employees, successors and assigns permitted by this
Agreement.
Intending to be legally bound, the parties hereto have executed this Agreement effective
as of the effective date of the Agreement, Ap r i 1 2 7 , , 2009.
CITY OF PEARLAND, TEXAS BRAZORIA COUNTY
By: ~d By:
Print Name: B i 11 Eisen
Print Name: E. J. "Joe" King
Title: City Manager Title: Countv Judg
e
Date: 4/27/09 Date: ~ --~.. 7 Q
"p 7
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a Certificate Final Completion for construction of McHard Road from Country
Place Drive to C.R.94, the City will perform, or cause to be performed, a final
accounting of the actual costs of the engineering, construction, and management.
If the final accounting concludes that the actual cost for engineering, construction,
and management exceeds the estimated costs paid by the County to the City
pursuant to Exhibit attached hereto, County agrees to pay the City one-half
(1/2) the excess amount for roadway items within thirty (30) days after receiving
written notice from the City. If one-half(1/2) of the actual cost is less than the
amount of the estimated costs paid to the City , then the City will refund the
difference between the estimated and actual cost to the County within thirty (30)
days after the final accounting is complete.
III.
• 3.1 City and County recognize and agree that nothing herein shall be construed to
create any rights in third parties.
3.2 The Parties expressly agree that no party shall have the right to seek
indemnification or contribution from any other party hereto for any losses, costs,
expenses, or damages directly or indirectly arising, in whole or part from this
Agreement.
3.3 Whenever possible, each provision of this Agreement shall be interpreted in such
a manner as to be effective and valid under applicable law, but if any section,
subsection, paragraph, sentence, clause, phrase, work or portion of this
Agreement is, for any reason, held invalid unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
3.4 The Rights and obligations of this Agreement shall not be assigned without prior
written consent of City and County.
3.5 This Agreement and all obligations created hereunder shall be performable in
Brazoria County,Texas.
3.6 This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
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Exhibit "A" to the Pearland - Brazoria County
Interlocal Agreement Concerning
McHard Road Reconstruction
Country Place Boulevard to C. R. 94
Project Budget and Cost Allocation
City of Pearland Brazoria County BC MUD 4
50%Roadway 50%Roadway 100%Drainage
Survey Costs(Actual)
Roadway 16,802.05 16,802.05
Drainage 1,370.89
Draina e Study&Prelim Layout(Actual)
Roadway 10,025.00 10,025.00
Drainage 7,200.00
Design Costs(Actual)
Roadway 50,305.36 50,305.36
Drainage 3,839.28
Construction Costs(Estimate)* T
Roadway 696,770.00 696,770.00
Drainage 56,850.00
--
Construction Management 6%*
Roadway 41,806.20 41,806.20
Drainage 3,411.00
Construction Material Testing 3%*
Roadway 20,903.10 20,903.10
Drainage 1,705.50
Contin ency 10%*
Roadway 75,947.93 75,947.93
Drainage 6,196.65
Total I $ 912,559.64 $ 912,559.64 $ 80,573.33
*Estimated Items-Actual costs will be used to determine final amount of funding from each entity.
r
Total
33,604.11
1,370.89
20,050.00
7,200.00
100,610.72
3,839.28
1,393,540.00
56,850.00
83,612.40
3,411.00
41,806.20
1,705.50
151,895.86
6,196.65
$ 1,905,692.61