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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: c r I 'YSF ETAR ���'•�^ ,1\ ,J J 1 ',Hyrrrr4111l r111H�,''', City of Pearland r 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 . c: ::---i-111).(--/ ARizmic Approved By: Mayor