R2011-111 - 2011-09-26RESOLUTION NO. R2011-111
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 26th day of September, A.D., 2011.
cti
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2011-111
THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
INTERLOCAL AGREEMENT
This agreement is made at Angleton, 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, 2011, to
September 30, 2012. 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 251.012, 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
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:
(1) 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
engineering or design work required for work done pursuant to this
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.
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 be 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 di day of A-151.i1/2C" 2011.
BRAZORIA COUNTY, TEXAS CITY OF PEARLAND, TEXAS
EZrS11-3 e.
By: Joe King--'
Brazoria County Judge
co\wi, 2,02
By: Mayor
ATTEST:
Brombones West
Brombones East
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Washington Irving - Sleepy Hollow
Washington Irving - Sleepy Hollow
Washington Irving - Sleepy Hollow
Cripple Creek - Crane
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WORK DESCRIPTION
(Major Street Projects ONLY)
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GERALD L. ROBERTS, P.E.
COUNTY ENGINEER
MICHAEL C. SHANNON, P.E.
ASSISTANT COUNTY ENGINEER
August 29, 2011
BRAZORIA COUNTY
451 N VELASCO, SUITE 230
ANGLETON, TEXAS 77515
Re: Road 85 Bridge Interlocal Agreement Fiscal Year 2012
Dear Mayor:
(979) 864-1265 ANGLETON
(979) 388-1265 CLUTE
(281) 756-1265 HOUSTON
(979) 864-1270 FAX
Enclosed, please find two `original" Interlocal Agreements approved by
Commissioners' Court and signed by Bra7oria County Judge Joe King,
covering construction, improvement, maintenance, or repair activities on
streets or alleys within your municipality during Brazoria County's Fiscal
Year (FY) 2012, which begins October 1, 2011. Upon approval of the
Interlocal Agreement by action of your City Council, please have your Mayor
sign and return one fully executed original to the attention of Sherri
Stanford before October 1, 2011.
In addition, please complete and return the enclosed Project Request, listing
all "major" projects for which you are requesting labor and equipment from
Brazoria County Road and Bridge during FY -12.
Each request submitted requires the approval of your Mayor. It is very
important for our Superintendent to be involved in the negotiation and
planning process with your Administration as to some level of work the
County can accomplish for you. Please return your completed Project
Request to the attention of Sherri Stanford before December 15, 2011.
We are encouraging you to consider that the County would prefer to do
overlays only for "road construction". Doing sub -base, base, and
stabilization of road materials is quite time consuming and ties up many of
our resources that we need to be using on other county jobs.
The County Road and Bridge Act authorizes a Commissioners' Court to
expend county funds and utilize county equipment to do road and street
work within incorporated cities and towns, provided the governing body of
the city or town consents, and it does not interfere with county road and
bridge projects. Therefore, work under this interlocal agreement must be
initiated by submitting a written request signed by your Mayor to the
Engineer's Office. If such work is determined to be a benefit to the County by
Commissioners' Court, work will be performed as quickly as our Road
Superintendent is able to schedule in coordination with other projects and
commitments.
If unexpected projects come up during the year, please follow the same
process of involving our appropriate Service Center Road Superintendent
prior to submitting a written request to Brazoria County Engineering.
It is not necessary to involve the Superintendent in the planning process for
driveways to be set, or pothole patching. However, in order to better serve
your needs please list location, name, and contact number of the person
requesting the work. Culverts should be on site with area staked out. The
County will assist in spreading material providing the material is on site prior
to our arrival to perform the work.
Cities are responsible for all material (road material, patching material, signs,
culverts, etc.) and may purchase through the County's suppliers providing
they have a "separate" interlocal agreement with the Brazoria County
Purchasing Department to do so.
Cities will be invoiced for material depleted from County Road and Bridge
Department inventory.
If you have any questions, please contact Sherri Stanford at (979)864-1865.
Gerald L. Roberts, P.E.
County Engineer
GR/ss
Encl.
SHERRI STANFORD
INTERLOCAL AGREEMENT COORDINATOR
BRAZORIA COUNTY ENGINEERING
COURTHOUSE WEST ANNEX
451 N. VELASCO ST, SUITE 230
ANGLETON, TX 77515
Mailing Address:
BRAZORIA COUNTY COURTHOUSE
ENGINEERING DEPARTMENT
111 E. LOCUST, BLDG A-29, SUITE 230
ANGLETON, TX 77515
sherris@ brazoria-county.com
DIRECT 979.864.1865
979.388.1865
281.756.1865
MAIN 979.864.1265
FAX 979.864.1270
City of Pearland
Interlocal Agreement Project Request Summary FY-12
STREET/LOCATION LIMITS LENGTH WIDTH WORK DESCRIPTION FOR OFFICE
(TO—FROM) (Fr) (Fr) (Major Street Projects ONLY) USE ONLY
Sharondale Harkey-west 1280 20 2"overlay
Terrell Harkey-west 1980 20 2"overlay
E.Industrial S.Main-east 1600 20 1.5"overlay
Hughes Ranch Smith Ranch-Cullen 11300 20 1.5"overlay
O'Day Broadway-City Limits 9400 20 1.5"overlay
Buckholt Westfield-north 1165 18 1.5"overlay
Westfield Dixie Farm-City Limits 2030 22 1.5"overlay
Washington Irving Yost-Crane 2820 19 1.5"overlay
Woodcreek Cripple Creek-Crane 1545 19 1.5"overlay
Gunpowder Washington Irving-Sleepy Hollow 525 19 1.5"overlay
Tarrytown Washington Irving-Sleepy Hollow 530 19 1.5"overlay
Brombones East Washington Irving-Sleepy Hollow 660 14 1.5"overlay
Brombones West Washington Irving-Sleepy Hollow 635 14 1.5"overlay
35470 = 6.71 miles
Note:Each page submutedmeal be approved �/ ![ ly� p� //
by Slam:Rerurn in County Engineer.
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Approved By:Mayor
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