R2010-003 - 2010-01-11 RESOLUTION NO. R2010 -3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING 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 amended.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an amended Interlocal Agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 11 day of January, A.D., 2010.
)ant
TOM REID
MAYOR
ATTEST:
101 NG L� 'nT T' 1 c
SE �ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
AMENDMENT NO. 1 INTERLOCAL AGREEMENT
This Amendment No. 1 to the Interlocal Agreement, dated April 27th, 2009 and attached
hereto as Exhibit "A" is made and entered into by and between by and between the CITY OF
PEARLAND, TEXAS, (hereinafter "City and BRAZORIA COUNTY (hereinafter "County
NOW THEREFORE, in consideration of the premises City and County hereby amend
Exhibit "A" in the following manner:
1. Section 1.5 is amended to read as follows:
"1.5 This agreement covers the following projects:
(1) McHard Road Reconstruction (East Country Place Blvd. to Country Place
Pkwy (C.R. 94) not including the intersection with C.R 94)
(2) McHard Road Soundwall"
2. Section 2.1 is amended to read as follows:
"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, sub grade, concrete paving, storm sewer inlets, storm sewer
pipe to tie -into the existing storm sewer trunk line, and striping.
(6) City shall fund 1 /2 of the McHard Road Reconstruction project costs estimated to
be $912,000.00 (as provided for in Exhibit "A
(7) City shall fund the design, construction, and management of the noise walls on
the south side of McHard Road as generally depicted in the attached Exhibit
"C City shall base its design and related tasks for the noise walls on the
Traffic Noise Study prepared by Corrigan Consulting, Inc. dated May 2009."
3. Section 2.2 is amended to read as follows:
"2.2 County Responsibilities:
(1) County shall remit '/z of the McHard Road Reconstruction project cost estimated
to be $912,000.00 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 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) County shall remit the cost of design, construction, and management of the
sound walls on the north side of McHard Road, as generally depicted in the
attached Exhibit "C to the City within ten days following of the City's award
of the construction bid for the project. The County share of the project cost is
estimated to be $390,462.00, as shown on Exhibit `B" attached hereto. Within
thirty (30) days following the issuance of a Certificate Final Completion for
construction of the McHard Road sound walls, 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 `B"
attached hereto, County agrees to pay the excess amount within thirty (30)
days after receiving written notice from the City. If 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 fmal accounting is complete."
3. All capitalized terms used herein, which have not been defined herein,
shall have the same meaning as is ascribed to such terms by the MOU.
All of the terms of the MOU shall remain in full force and effect except
as amended hereby.
4. This Amendment shall be binding upon the parties and their respective
successors and permitted assigns.
5. This Amendment may be executed in multiple originals or counterparts,
each of which shall be deemed to be an original but all of which shall
constitute one and the same document. A copy or facsimile of this
Amendment shall have the same force and effect as that of an original.
EXECUTED as of the 11 day of January VW 2010,
BRAZORIA COUNTY
E.J. a ding, County dge
t 4Q A Ri
ATTEST: r+ ti. CITY OF PEARLAND,
a Texas municipal corporation
B y:
Yo/ Lorfi i Sec /ary Bill Eisen, ity Manager
My Commission Expires:
STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledged before me on this t l of 1ut0.+
2O 9 by Bill Eisen, City Manager of the City of Pearland, a Texas home rule municipality, on
behalf of said municipality.
KATHERINE E. BITTICK
Notary Public, State of Texas Notary c, S T
My Co tete Exp ires exas
My Commission Expires: DacMmber 06, 2011
rk& 1,►, 6 �2;
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. 49 dated 4-a7-0 9 , 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
1
(2) provided that upon appropriation of revenue for the project
described herein and upon commencement of a parry'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 1/2 of the project costs estimated to be $912,559.64 (see attached
project budget).
County Responsibilities: County shall remit 'h 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
2
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.
3
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, April 27, , 2009.
CITY OF PEARLAND, TEXAS BRAZORIA COUNTY
By: By:
Print Name: Bill Ei sen Print Name: E. J. "Joe"King
Title: City Manager Title: Count Jude
Date: 4/27./.0 Date: 4- ..7 "8 7
4
i
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 Total
50%Roadway 50%Roadway 100% Drainage
-
Survey Costs(Actual) _
Roadway 16,802.05 16,802.05 33,604.11
Drainage 1,370.89 1,370.89
Draina e Study&Prelim Layout(Actual)
Roadway 10,025.00 10,025.00 20,050.00
Drainage 7,200.00 7,200.00
Design Costs(Actual)
Roadway 50,305.36 50,305.36 100,610.72
Drainage 3,839.28 3,839.28
Construction Costs(Estimate)*
Roadway 696,770.00 696,770.00 1,393,540.00
Drainage 56,850.00 56,850.00
_Construction Management 6%*
Roadway 41,806.20 41,806.20 83,612.40
Drainage 3,411.00 3,411.00
Construction Material Testing 3%*
Roadway 20,903.10 20,903.10 41,806.20
Drainage 1,705.50 1,705.50
Contin ency 10%*
Roadway 75,947.93 75,947.93 151,895.86
Drainage 6,196.65 6,196.65
Total I I $ 912,559.64 I $ 912,559.64 $ 80,573.33 I $ 1,905,692.61
*Estimated Items-Actual costs will be used to determine final amount of funding from each entity.
eb
Exhibit "B" to the Pearland - Brazoria County
Interlocal Agreement Concerning
Soundwall Construction
Project Budget and Cost Allocation
City of Pearland Brazoria County Total
Approx.1564 feet Approx.1519 feet
South Side North Side
Geotechnical(Estimate) 4,000.00 4,000.00 8,000.00
Design Costs(Estimate)
43,754.00 42,496.00 86,250.00
Construction Costs(Estimate)*
292,000.00 283,000.00 575,000.00
Construction Management 6%*
17,520.00 16,980.00 34,500.00
Construction Material Testing 3%*
8,760.00 8,490.00 17,250.00
Contin ency 10%*
36,603.00 35,496.00 72,099.00
Total 1 $ 402,637.00 $ 390,462.00 $ 793,099.00
*Estimated Items-Actual costs will be used to determine final amount of funding from each entity.
Exhibit C
Noise Barrier Locations
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