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R2011-054 - 2011-05-23RESOLUTION NO. R2011-54 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 ASSOCIATED WITH THE CONSTRUCTION OF AN EXTENSION OF CR 59 THROUGH ITS INTERSECTION WITH BUSINESS CENTER DRIVE. 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 approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an approved Interlocal Agreement with Brazoria County. PASSED, APPROVED and ADOPTED this the 23`d day of May, A.D., 2011. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY C-2&4-.1 TOM REID MAYOR Exhibit "A" Resolution No. R2011-54 PEARLAND — BRAZORIA COUNTY INTERLOCAL AGREEMENT CONCERNING THE CR59 / BUSINESS CENTER DRIVE IMPROVEMENT PROJECTS 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 8201 1 -54 , dated May 23 , 2011 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. VIII.B.4.a dated May 24, 2011, authorizing its County Judge to execute it on the County's behalf, and specifically approving each project listed in this hiterlocal 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 (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, 1 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) Location of Project: west of State Highway 288 on County Road 59 and Southfork Parkway (County Road 566) south from Broadway to CR 59. (2) Dimensions of Project: 1270 feet of roadway beginning at the terminus of the existing SH 288 paving. The westernmost 600 feet shall be four lane concrete 83 feet wide; the easternmost 600 feet shall be constructed of asphalt and shall taper from four to two lanes at the easternmost terminus of the project ("CR 59 aspect"). The project also includes the rerouting of existing County Road 566 to align with the four to -be - constructed lanes of Business Center Drive which shall reconfigure the entrance to the South Fork Subdivision and which includes the demolition of 320 feet of the existing northbound two lanes and the construction of two concrete roadway lanes a distance of 320 feet to create a four lane divided concrete roadway (in conjunction with the existing roadway) which tapers on the southernmost point to two lanes ("Southfork Parkway aspect"). The project is shown on a "project layout" prepared by Klotz on April 4, 2011 and which is attached hereto as Exhibit "A". Business Center Drive shall be extended north of the to -be -constructed CR 59 as shown on Exhibit "B" attached hereto. (3) Specifications of project: The project will be constructed in accordance with Texas Department of Transportation or City of Pearland standards, depending upon location of improvements and pursuant to the estimates set out in the attached "Engineers Opinion of Probable Construction Cost — Summary Table" — Exhibit "C". (4) Contingent performances: This is contingent upon both parties budgeting the necessary expenditures and funds to begin and complete this project, both to begin on or before January 1, 2012. Both parties will coordinate with the other and provide information regarding the letting of construction, traffic control matters, and tying of the projects together to ensure completion of both projects occur within a reasonable time and manner of each other. 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 2.1 Responsibilities: County shall be responsible for the following: (1) Construction Costs of Project: County shall expand and build CR 59 beginning at the terminus of the existing SH 288 paving consisting of four lane tapering to two lanes and the rerouting of existing County Road 566 to align with the four to -be -constructed lanes of Business Center Drive which shall reconfigure the entrance to the South Fork Subdivision. Brazoria County will devote approximately $1,060,300 for the CR 59 project and $136,390 for the Southfork Parkway aspect of the project from its fiscal year 2012 road and bridge capital budget to match the CR 59 amount and Southfork Parkway amount set out in the "Engineer's Opinion Of Probable Construction Cost" — Exhibit "C". (2) Engineering and Design Costs of Project: County has approved the expenditure of $120,271 to Klotz Associates for Engineering, Surveying and Geotechnical Services for the project of which 30% has been paid. (3) Right-of-way Acquisition: Project will be constructed within existing Brazoria County Right-of-way and within Texas Department of Transportation right -of way governing access to SH 288 at CR 59. County's participation in the project is contingent upon the Department of Transportation permitting construction within its right-of-way. County will convey to City or its designee any of its surplus right-of-way (not used for this project) in the project area as determined appropriate by agreement of City and County. (4) Turning Lanes and Signalization: County will provide the following turning lanes at the project: a) on westbound CR 59, a right turn lane and left turn lane going to the extension of Business Center Drive and CR 566 respectively; b) on eastbound CR 59, a left turn lane going to the extension of Business Center Drive; c) on southbound Business center Drive, a left turn lane going to eastbound CR 59;and d) on northbound CR 566, a left turn lane going to westbound CR 59. (5) Drainage and Detention: County will design appropriate drainage facilities for CR 59 and CR 566 and construct appropriate road ditches. County shall also design and construct appropriately sized drainage boxes and a storm sewer to connect the CR 59 project with drainage and detention facilities provided by the City pursuant to Item No. 44 as set out in the "Engineer's Opinion of Probable Construction Cost under "Preferred Alternative Quantity". (6) County shall competitively bid and administer the Improvements for County Road 59 and County Road 566. (7) County shall be responsible for relocation of utilities required for the Improvements placed within the County's portion of the construction project. 3 City shall be responsible for the following: (1) Construction Costs of Project: City shall expand and build the continuation of Business Center Drive south of Broadway and connect to the to -be -constructed CR 59 as set forth above. City may expend up to approximately $4,410,365 (as set out in the "Engineer's Opinion of Probable Costs under "Preferred Alternative Amount" as set out in Exhibit "C") and an additional $357,045.00 for engineering and design work for the build out and completion of Business Center Drive Project described in a schematic design created by Freese and Nicols dated February 2009 and attached hereto as Exhibit «B„ (2) Signalization: City shall design and construct traffic signal improvements for the CR59Business Center Drive intersection. City shall, until such time as the intersection is annexed by the City of Manvel, maintain the signalization for all four approaches to the intersection of CR 59 and Business center Drive/CR 566 upon completion. (3) Utilities: City shall be responsible for relocation of utilities required for the Improvements placed within the City's Responsibilities of this construction project. (4) Right-of-way Acquisition: City shall be responsible for obtaining, or causing to be obtained, all necessary permits and acquiring appropriate right-of-way for its expansion of the Business Center Drive Project described in a schematic design created by Freese and Nicols dated February 2009 and attached hereto as Exhibit "B". (5) Drainage and Detention: City shall design and construct outfall drainage in the Business Center Drive right-of-way, as depicted in Exhibit "B" attached hereto, to accommodate construction of the Improvements. It will also design and build the drainage and detention to accept drainage from the County portion of the project pursuant to Item No. 44 as set out in the "Engineer's Opinion of Probable Construction Cost under "Preferred Alternative Quantity" — Exhibit "C". (6) City shall competitively bid and administer the improvements for Business Center Drive north of County Road 59. 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, 4 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. 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. 3.8 Intending to be legally bound, the parties hereto have executed this Agreement effective as of the effective date of the Agreement, May 23 . 2011. CITY OF PEARLAND EXAS BRAZORIA COUNTY By: By: CCEetti Print Name: Bill Eisen Print Name: E. J. "Joe" King Title: City Manager Title: County Judge Date: May 2 3 , 2 011 Date: 4"— t/ - 1 5 'RAMC L•OEk9 ElEcrwcu aEvv 1_E E'tMiW Nvo_•r SEC: COP,Li- EAL51-1 c AiMC 00t Pt sED :IMMO X %1ELIMIu2FY - 4M. 1 r .nc ctu Iry et, e itc w n auie o ry51'aa Exhibit A Ow I B A ®i forastar Nichols LE • 1`,1).QL:, CITY OF PEARLAND BUSINESS CENTER DRIVE EXTENSION PREFERRED ALTERNATIVE 00 060'901 0 00'061'00 $ 00000.044 S 00000'0 0 00 000'000'4 v 00 009'004 $ 00'0001020 00009'[ $ 00000'00 $ 0000'2 0 00 000'00 0 00 092'0 1 9 0 S S 0'006 $ 00000 $ 090014 5 000004 S 000005 S 0000'0 S 000009 $ 8 00'000'9 5 0054 $ 005000 S q S 9 - $ $ $ 0 00000,90 0 0/0 0000091000 000000!9 $ 00 000000'0$ 00 000000 0 00'0001910 $ 00000'000 $ 00'000'0 9 00000'94 $ 00 000'00 0 040004E 0 00000'4 S 000000 0 00009'f S 00009'00 v 00000'00 v 00'000'64 0 000666 S 00000'94 $ 00000'804 9 00000000 0 00008444 0 000900 S 00 000 00 S 0000000 0 0000019 $ 00000191 0 0000006 0 00005'0 $ 0000000 $ 0009/99 0 00000'0 S 00'000'00 0 000080 0 00050 $ 000089 0 0900011 $ 1 - $ 00000040 S $ - 1 00900'0 $ S - $ 00919'040 S 00000'4 $ 00 000'0 4 00000'50 0 9 00000'00 6 00'000'00 S 0 00000'50 0 0 0 - v 00 0091 00 0 00000404'4$ 0000/0 $ 00 000'60 $ 00000'[5 0 0000200 0 00'000'00 0 0000219 $ $ 00009'40 $ 00009'01 $ 0000['1 $ 00009002 v 00000'[04 $ 000090 0 0 00'000'0 $ $ 00 000'00 $ 00000'8/ $ 00000'[ 0 00 000,00 0 00000'[[ 0 1 I 0 00000'V 1 000004 $ 00000'00 0 00000'04 $ 00005'2 S 0000/00 $ 009000/0 $ 1000000 Arnow Annoy 10.010 6S V 000/01000 00 3AI1/0 0311V �El 00990'04/40 10101 00902'005 9 0310N$ON010000054 0000['900.05 10101909 00 000'[00 0 00 090'004 00000'001 1 00000'0000 00000'094 1 00'000'0540 00000.0 $ 0000 0000090 $ 00'91 00Z 00000'04 4 4 00000'08 $ 00'00 00'000. $ 00 000 000001Z 1 00000 00000'0 $ 00'0$ 004 00'005'82 0 0004 CGS 00005'0$ 00'000'00 0 00009,09 1 00000'04 4 00000'00 00080'0 0 00 f$ 09 00'000'04 0 00000'910 00000'604 0 000900 00000'901 0 00'0004 00000'040 $ 000000 0 000010 0000000 0 00009 09 $ 00000'000 0 00000'05 4 00000'090 4 00000'99 $ 09'04 000'4 00 000'L $ 0004 00014 00000'4 $ 05 O$ 000,0 00000'040 0 0000$ 00'050'9 0 00500 00900'040 0 005$ 00'000'00 0 0000 004 00010 00'000 0 00 SOL 090 00000094'44 00 952 00.000009 4 000E40 00 00'000'09 0 0509 006 00000'0 0 00'L5 00 000'001 0 1 00 LP 090 00095'0 0 00000 000 00 000'0L 0 00044 00000'[[ 4 00000'[9 I 00'000'4 v 00000'00 00'000'04 I 00 000'040 0 I maw 3/10003110 03003/30/ 3010/ 1101 0001 000 099 000 000'0 000 090 000 000'4 O 00'21 000'24 O 94'4 60 00 1000 01 Sl 000 0000 Jl 000'4 000'4 AO 01 000'' 00000 Al 000 00Z AS 000 000 Al 00014 002'4 /l 009'' 000'0 Al va m va a 00 OC9'e 000'9 dl Sl 059,0 059'4 Al 000 009 J1 0!S 000 Al 045 049 Al 01 01 000'01 001'01 AS 000'8 0098 AS 000'0 009'8 As 000'94 000'04 41 SL 004 A9 514,80 010'04 3S 000'90 000'04 /1 009 N1 AS 00000 000'40 000'40 00 000 91,4, 9000 01 000'00 005.0:. 009.2 M1 AS 009'5 0054 0001 A0 0050E 000102 000'40 A0 051 991 AS 000'0 000,0 000'! AS 00 03 01 01 Al110v00 3.10100000 31000010 1 .0101N000 1100 !MN/ 89 0 3oI1VNtl3110 0003001000 00 30Il000311V 030031304 tA 2500010 ▪ 000000 w 01000.000 1101001L00 300001'-' 000 003N1000 310V1A 105 0000000000 puod 001109100 1e0010 09 80 (000009) 0000olo11tedeospuel X.0000 00000 0040000 000000000,3 00100 0011,00010e0000d 060106i5 Yr 04 2r 000 01, 00 aaua30000 Bf etoway 91101001-{00611109 001101000000 LC 0000000 91181001'080101113 1008 00 0000000 0 II00001 00100010001.101 SC 11,4090 01114001- 00004 0,00310004 00 001/00 11V '10101.00.0001 EC 000000 IN 10101.0. 9401 00 900000110 '0100001Nf00e 0011000f {C 010140 000alt 00 000001K00101-211/4000/000 000010 600 I tints W0010 000,405 00 00000100000000.000 00 00000000000 000.600 00 0000000015 000100 00 00.0000010 /00 10 10000000 00444000 00 0011000000 0110 00 0011100013019 1.0 900/01„0 02 0000005 00100.w 000 05100 64 01001 pats 101111110000 Oitcl .0 61 9,A 00 ]0051000091119400Owpnlaw'syleme0I0 919nuoC.Y 94 tint 0000.0000.0 04 0900 0/1e011100003,00 00 0,00/4404'050„E 04 000000e0 000000 90000 001010f .L 24 (00101.0115) 10000/ ed 01410003 10400 '0010100 ,.04 14 (°.69)I0palow 00044 O{ (,CI opoogn9 palmy 000100 uo1000010ew 6 100004400003 000400444 8 000000003 00040000 L 000000ed .10100000 OUI1sl3 o.ouao 9 00001000000000/11010090/61100.,0 000000 00090400 put 00016010 sults u011eaiy1u0p1100101d 00100110000 00111100000e00000 01011000 044094 0900000010 3/40'.004tle 0000.10000000 0001/000000 00311 ON 0001 Exhibit "B" Resolution No. R2011-59 CITY OF PEARLAND INVESTMENT STRATEGY The City of Pearland shall adopt by resolution a separate written investment strategy for each of the funds under its control. For Investment purposes, the City shall use a "Pooled Fund Group" which means that all funds under the City's control shall be treated as one fund. INVESTMENT STRATEGY I. Suitability Investments are to be purchased based on the financial requirements of the City. The City of Pearland shall strive to maintain the level of investment of all fund balances, reserves and bond funds as close as possible to 100%. Any investment eligible in the Investment Policy is suitable for all City funds, including component units. II. Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. All investments shall be of high quality with no perceived default risk. It is the City's full intent, at the time of purchase, to hold all investments until maturity in order to ensure the return of all invested principal. III. Liquidity The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment maturities with budgetary and economic cycles, and forecasted cash flow requirements. A portion of the portfolio will be maintained in liquid short-term securities that can be converted to cash if necessary to meet disbursement requirements. Investment pools and money market mutual funds provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. IV. Marketability The City shall invest in securities that, if the need arises, can be liquidated before maturity. Investments will never be prematurely sold at less than book value plus accrued interest, without the approval of the Director of Finance and the City Manager. V. Diversification The City will diversity its investments by security type and by broker/dealer. With the exception of U.S. Treasury securities and fully collateralized demand deposit accounts, no more than 75% of the City's total investment portfolio will be invested in a single security type. VI. Yield The investment portfolio shall obtain a competitive rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. The City shall attempt to obtain an acceptable return provided that the requirements of safety and liquidity are first met. The yield of the one-year U.S. Treasury Bill shall be a yield objective or benchmark as well as benchmarked against an agency note with maturity, which approximates the weighted average maturity of the portfolio. Exhibit "C" Resolution No. R2011-59 ATTACHMENT B APPROVED/AUTHORIZED LIST OF BROKER/DEALERS Coastal Securities Comerica Securities Duncan Williams First Southwest Company Frost National Bank SAMCO Capital Markets Vining Sparks IBG, L.P. Wells Fargo Bank Certificates of deposit may be purchased from Texas depository institutions, which are not on the approved broker/list, as they are considered depository in nature. Certificates of deposit purchased from brokerage firms, however, must be on the approved broker/dealer list as they fall under the Public Funds Investment Act. All deposits over the FDIC limit must be collateralized.