R2010-166 - 2010-12-13RESOLUTION NO. R2010 -166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING EXPENDITURES FOR THE PURCHASE OF
ASPHALT REJUVENATOR ASSOCIATED WITH VARIOUS ROAD
REHABILITATION PROJECTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1 That the purchase of asphalt rejuvenator for various road rehabilitation
projects, in the estimated amount of $250,074.72, is hereby approved.
PASSED, APPROVED and ADOPTED this the 13 day of December, A. D., 2010.
X
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution 2005-89
INTERLOCAL AGREEMENT
BETWEEN COUNTY OF BRAZORIA AND CITY OF PEARLAND, TEXAS
This agreement is made this ,Z.gj day of 'i4r 1 2005 between the County
of Brazoria, Texas and the City of Pearland, Texas.
Pursuant to the authority granted by the "Texas Interlocal Cooperation Act", Chapter
791 Texas Government Code providing for the cooperation between local governmental
bodies, the parties hereto, in consideration of the promises and mutual promises contained
herein, agree as follows:
WHEREAS, the contract is made under the authority of Section 791,001-791.029 of
the Texas Government Code; and,
WHEREAS, the parties, in performing governmental functions or in paying for the
performance of governmental functions hereunder shall make that performance or those
payments from current revenues legally available to that party;
WHERAS, the governing bodies of each party find that the subject of this contract is
necessary for the benefit of the public and that each party has the legal authority to perform
and to provide the governmental function or service which is the subject matter of this
contract; furthermore, the governing bodies find that the performance of this contract is in
the common interest of both parties; and that the division of cost fairly compensates the
performing party for the services performed under this contract.
Each party hereby makes, constitutes and appoints the other party its true and lawful
purchasing agent for the purchase of various commodities using Annual Contracts (Bids).
Each party will maintain a listing of Annual Contracts which are available for the other
party's use. To utilize one or more of these contracts, each party must request authorization,
in writing, to the other party. Upon receipt of request, the receiving party will forward a copy
of the appropriate Annual Contract to the requesting entity. Each party agrees that the other
party shall serve as the purchasing agent for selected items, and agrees that the bidding
shall be conducted by the other party according to its usual bidding procedures and in
accordance with applicable State statutes.
II.
Each party agrees that all specifications for selected items shall be as determined by
the other party.
Ill.
Each party agrees to pay the supplier for all goods, equipment and products
pursuant to this agreement. The successful bidder or bidders shall bill each party directly for
all items purchased and each party shall be responsible for vendor's compliance with all
conditions of delivery and quality of the purchased items.
IV.
Bill Eisen, City Manager, is hereby designated as the official representative to act for
the City of Pearland, Texas in all matters relating to this agreement,
V.
John Willy, County Judge, is hereby designated as the official representative to act
for the County of Brazoria, Texas in all matters relating to this agreement.
VI.
This agreement shall be in effect from the date of execution until terminated by either
party to the agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers the day and year first above written.
BRA ' ,� CITY OF PEARLAND, TEXAS
BY: A BY:
( '.na .�e) (Signature)
NAME: JOHN WILLY NAME: BILL EISEN
TITLE: COUNTY JUDGE TITLE: CITY MANAGER
DATE: b oaf,( CJ5 DATE: May 24, 2005
BRAZORIA COUNTY PURCHASING DEPARTMENT
ws,OFq+
Susanne Brumley CPPB to �.
Procurement Officer fir/ Tracy Jackson CPPB
ttQ� 4 Contract Specialist
)
OF1
Charles Crook CPPB
County Purchasing Agent
May 2,2005
Mr.Bill Eisen
City Manager
City of Pearland •
3519 Liberty Drive
Pearland,TX 77581
RE: Contract#05-59 Interlocal Agreement between City of Pearland,Texas and Brazoria County
Dear Mr. Eisen:
Enclosed are two copies of the agreement between the City of Pearland,Texas and Brazoria County, that have
already been signed by the Brazoria County Judge.
If you are in agreement with this contract,please sign both copies and return one of them back to Brazoria County
Purchasing Department for our records. It should be addressed to the following:
Charles Crook CPPB
Brazoria County Purchasing Agent
111 E.Locust,Bldg.A-29,Suite 100
Angleton,TX 77515
Thank you for your interest in Brazoria County. If you have any questions,please do not hesitate to contact me.
Very truly yours,
P1
Charles Crook CPPB
Brazoria County Purchasing Agent
Enclosure(s)
III •
E.Locust Street,Bldg.A-29,Suite 100,Angleton,Texas 77515
Telephone(979)864-1825 or(281)756-1825 Fax(979)864-1034
RESOLUTION NO. R2010-116
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 11th day of October, A.D., 2010,
TOM REID
MAYOR
ATTEST:
YO G LO i G, C 1'`
CI SEC TARP =/''• " c4,
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2010-116
THE STATE OF TEXAS §
I �
COUNTY OF BRAZORIA
INTERLOCAL AGREEMENT
This agreement is made at Angleton,g g ton, Brazoria County, Texas
between BRAZORIA COUNTY, TEXAS acting through its Commissioners'
Court (hereinafter "County"), and the CITY OF PEARLAND, acting through
its Mayor (hereinafter "City").
NOW THEREFORE, THE COUNTY AND THE CITY agrees as follows:
1.0 The term of this agreement shall be from October 1, 2010, to
September 30, 2011. The AGREEMENT may be renewed annually by the
written approval of County and City.
1.1 Pursuant to the Interlocal Cooperation Act, Texas Government Code,
Chapter 791 and the Texas Transportation Code, Section 25 1.012, the
County agrees to provide personnel and equipment at its own expense to
assist in the construction, improvement, maintenance and/or repair of a
street or alley located within the corporate limits of the City of Pearland,
subject to the approval of the County Engineer as set forth in Section 1.3,
including sub grade preparation, base preparation, asphalt paving,
culverts and ditch work, herbicide spraying, painting and striping roads,
installation of permanent traffic signs, and other routine road
maintenance operations. Any work performed on the City's streets and
alleys which are not an integral part of, or a connecting link to, other
roads and highways is allowed if such work is determined to be a benefit
i
i
to the County by Commissioners' Court. The City will provide materials,
including fuel used by the equipment for these projects. All such
materials shall be paid for by the City, and may be purchased through the
County's suppliers. The City shall reimburse the cost of any work
performed or obtained by the County, which is determined to be beyond
the scope of this agreement, to the County.
1.2 The county work authorized by this AGREEMENT may be done:
(I) By the County through use of county equipment;
(2) By an independent contractor with whom the County has
contracted for the provision of certain services and materials,
conditioned on the City providing a purchase order to such
independent contractor for the full amount of such services or
materials.
1.3 During the term of this AGREEMENT when County work is
requested, the Mayor of the City shall submit a request in writing to the
County Engineer. The County Engineer and the Mayor of the City shall
agree in writing as to the location and type of assistance to be provided
pursuant to this AGREEMENT. It is expressly understood between the
parties that the County shall have no authority or obligation to provide
any service or work on any city street or alley not so agreed to in writing.
The County Engineer is authorized to sign an acceptance statement for
each project at the appropriate time and authorize the work subject to be
completed as the Road and Bridge Department schedules permit.
1.4 The parties intend that the County in performing such services shall
act as an independent contractor and shall have control of the work and
the manner in which it is performed. The County shall not be considered
an agent, employee, or borrowed servant of the City.
1.5 For and in consideration of the above agreement by the County, the
City agrees to provide all warning and safety signs and other safety
protections as required when such work is being performed by the County.
1.6 The parties further agree that such work and materials are provided
by the County without warranty of any kind to the City or any third party,
and that the County has no obligation to provide any supplemental
warranty work after a project's completion. The City agrees to provide any
engineeringor design work required for work done pursuant to this
g q
agreement,
II.
2.0 To the extent authorized by law, the City hereby agrees to hold
harmless the County, its officers, agents and employees from any and all
loss, damage, cost demands or causes of action of any nature or kind for
loss or damage to property, or for injury or death to persons, arising in any
manner from the performance of the above-referenced work.
2.1 Payment for services or materials under this agreement shall be
payable from current revenues available to the paying party.
j III.
{
3.0 Either party may terminate this agreement upon thirty- (30) day's
written notice to the other party.
3.1 Nothing herein shall he construed to make either party a purchaser
or consumer of goods or services from the other.
3.2 Nothing herein shall be construed to create any rights in third
parties.
SIGNED AND ENTERED this the 11414. day of 6CAtAae r , 2010.
F3RAZORIA COUNTY, TEXAS CITY OF PEARLAND, TEXAS
By: Joe King By: Mayor
Brazoria County Judge
ATTEST:
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I 'YSF ETAR
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1 ',Hyrrrr4111l r111H�,''',
City of Pearland
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Interlocal Agreement Project Request Summary FY-10
STREET/LOCATION LIMITS LENGTH LENGTH WIDTH WORKDESCRIPTION (Major FOR OFFICE I
(TO-FROM) (ft) (mi) (FT) Street Projects ONLY) USE ONLY
Hamm Rd. ,FM518 to end 2700 0.51136364 20 total rehab overlay 2010-2011
Bailey Rd_ Veterans Dr.to FM1128 12672 2.4 18 Chip seal 2010-2011
Sleepy Hollow Yost to Dixie Wood S/D 3340 0.63257576 18 total rehab overlay 2011
Harkey Rd. Fite Rd. to Bailey 7392 1.4 18 total rehab overlay 2010-2011
Fite Rd. McLean to Harkey Rd. 5280 1 18 tetal-Feheb overlay _ 2010-2011
McLean Rd. Bailey to Silsbee 10050 1.90340909 18 total rehab overlay 2011
Old Alvin Mary's Creek to Walnut 2400 0.45454545 20 total rehab overlay 2010-2011
E. Orange SH35 to Schlieder 4700 0.89015151 20 total-rehab overlay 2011
Plum SH35 to Sch!leder 4700 0.89015151 20 total rehab overlay 2011 j
Crane McGinnis to Cripple Crk i 1460 0.27651515 20 total rehab overlay 2011,
Note: Each page submitted must be approved
by Mayor. Return to County Engineer. J
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ARizmic
Approved By: Mayor