R-2013-103-2013-07-08 RESOLUTION NO. R2013-103
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
ASSOCIATED WITH THE COUNTY ROAD 59 IMPROVEMENT PROJECT.
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 said Interlocal Agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 8th day of July, A.D., 2013.
TOM REID
MAYOR
ATTEST:
Y't NG V- G 'M• '`� "_'
G Y SECRETARY ` .
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2013-103
Exhibit "A"
PEARLAND - BRAZORIA COUNTY
INTERLOCAL AGREEMENT
CONCERNING THE COUNTY ROAD 59
IMPROVEMENT PROJECT
This agreement is made between the CITY OF PEARLAND, acting through its City
Council (the "City") and BRAZORIA COUNTY acting through its Commissioners Court (the
"County").
NOW THEREFORE, THE CITY AND THE COUNTY agree as follows:
I.
1.0 This agreement is made pursuant to Texas Government Code section 791.011 in
that it contemplates the furnishing of governmental functions and services between the parties as
defined by Texas Government Code subsections 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
provides for the other party's benefit.
1.2 The City warrants that its City Council approved this agreement by Resolution
, dated , 2013 authorizing its City Manager to execute it on the
City's behalf.
1.3 The County warrants that its Commissioners Court approved this agreement by
Court Order No.tr.A.Ildated µ ty g' , 2013, authorizing its County Judge to execute
it on the County's behalf, and specifically approving the project listed in this 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,
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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(the"Construction Project"):
(1) General Location of the Construction Project:
a) County Road 59, beginning approximately 170 feet west of the
intersection at County Road 59 and Business Center Drive,
continuing westward to an appropriate termination approximately
400 feet west of Kirby Drive(County Road 111); and
(2) Scope of the Construction Project: The Scope of the Construction
Project includes the widening of County Road 59, from 2 lanes to 4 lanes,
as shown on the "Project Layout," which is attached hereto as Exhibit
"A". Said Scope is further defined below:
a) Widening of County Road 59, from 2 lanes to 4 lanes, beginning
170 feet west of the intersection at County Road 59 and Business
Center Drive and continuing westward to an appropriate
termination approximately 400 feet west of Kirby Drive (County
Road 111);
b) Improvement of the intersection at County Road 59 and Kirby
Drive to accommodate a full traffic light signalization designed
and constructed to City of Pearland Standards.
c) The signal, for the purpose of this agreement includes the
following:
i. Mast arms and poles;
ii. Signal related signage;
iii. Signal heads, connections and wiring;
iv. Cabinets and controllers;
v. Electrical service, meter pole, and electrical disconnect;
vi. Detection devices, advanced warning devices,
communication infrastructure and illumination, if required;
vii. Pedestrian poles,buttons, signage, and demarcation;
viii. Curbing, sidewalk, ramps and associated concrete items;
and
ix. Traffic management software.
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(3) Specifications of project: The Construction Project will be constructed in
accordance with Texas Department of Transportation or City of Pearland
standards, depending upon the location of improvements.
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 in this
Agreement.
2.1 The County shall be responsible for the following:
(1) Engineering and Design Costs of the Construction Project: The
County shall provide all engineering, surveying, and geotechnical design
services at an estimated cost of $546,088.42. The scope of work shall
consist of items included in"Scope of Services"attached as Exhibit"B."
(2) Costs of Construction Project: The County shall, in efforts to complete
the Construction Project described herein, contribute 60% of actual
construction, construction management, and construction material testing
costs of project sections/areas described in Exhibit B, estimated at
$2,795,364.04. Upon completion and final acceptance of the project an
audit of costs shall be completed and any savings or increases shall be
disbursed at the percentages for those items or sections as described in
Exhibit B.
(3) Right-of-way Acquisition: The County shall acquire rights-of-way
necessary to complete the Construction Project, except any necessary
rights-of-way located within the City limits shall be acquired by the City.
The County shall furnish the City with metes and bounds descriptions and
parcel maps describing any necessary rights-of-way acquisitions within
the City limits.
(4) Signalization: The County shall provide the following:
a) A fully actuated traffic signal at the intersection of County Road 59
and Kirby Drive(County Road 111), design and constructed to City of
Pearland Standards;
b) Provide electrical service for said signal until such time that this
intersection and all its parts are annexed or no longer fall under
Brazoria County Maintenance.
a. County will provide notice to electrical provider of the City's
right to access and control electrical service at the signal;
c) Maintain all roadways, including non-signal related signage and
striping required for intersections with signals, identified above where
the County maintains said roadway. County will maintain said
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locations, including adjacent roadways, at the currently applicable
regulatory standard and regulations.
d) Provide signal design plans to the City for review, comment and
approval
e) Provide City the opportunity to inspect the signal for conformity with
the City's design and construction standards at the completion of
construction
f) Pay any incremental cost for any necessary software upgrades,
maintenance costs, communication infrastructure, or operations center
hardware necessary to operate the intersection within the City's traffic
signal network.
(5) Turning Lanes: The County Shall provide the following
a) On westbound County Road 59, a left turn lane at the future location
of the Alvin Independent School District Elementary School 15;
b) On eastbound County Road 59, a left turn lane at Briscoe Court;
c) On eastbound County Road 59, a left turn lane at South Gate;
d) On eastbound County Road 59, a right turn lane at the future location
of the Alvin Independent School District Elementary School 15;
(6) Drainage and Detention: County will design appropriate drainage
facilities for the Construction Project on County Road 59 and Kirby Drive
(County Road 111) south of County Road 59. All designs shall conform
to the current requirements of Brazoria County Drainage District No. 4.
(7) Utilities: The County shall be responsible for the relocation of utilities
required for the Construction Project, within County right-of-way. The
County shall notify all utilities owners of relocation and provide adequate
plans to facilitate relocation. The County shall coordinate relocation of
utilities both in City and County with utility owners.
(8) The County shall competitively bid, administer, and inspect the
Construction Project. The County shall administer a construction
materials testing contract and the construction management contract
associated with the Construction Project.
2.2 The City shall be responsible for the following:
(1) Costs of Construction Project: The City shall, in efforts to complete the
Construction Project described herein, contribute 40% of actual
construction, construction management, and construction material testing
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costs of project sections/areas described in Exhibit B, estimated at
$1,803,401.80. This cost shall be paid to the County upon receipt of
invoice after the bid award. Upon completion and final acceptance of the
Construction Project, an audit of the costs shall be completed and any
savings or increases shall be disbursed at the percentages for those items
or sections as described in Exhibit B.
(2) Utilities: The City shall be responsible for the necessary relocation of
utilities located inside the City limits and City utilities located in the
County right-of-way. The project design will make all reasonable
accommodations to leave existing utilities in place.
(3) Right-of-way Acquisition: Any necessary rights-of-way located inside
the City limits shall be acquired by the City. The County shall furnish the
City with metes and bounds descriptions and parcel maps describing any
necessary rights-of-way acquisitions within the City limits.
III.
3.1 Signalization: The intersection of CR 59 and CR 111 is partially located in City of
Pearland ETJ and City of Manvel ETJ. Upon completion of the Construction Project,
the County will maintain the signalization until such time as the two cities can determine
who will maintain it.
3.2 At times, County may need the assistance of City in the maintenance of said
signalization. Upon request by County, City will provide preventative maintenance,
maintenance and/or repairs. City will submit an invoice upon completion of said
maintenance and/or repairs and County will promptly reimburse the City. The invoice
will include all costs for said maintenance and/or repairs, which includes but is not
limited to materials, labor, and equipment costs.
3.3 City agrees to provide 24-hour on-call emergency response to signal issues,
should the need arise. The contact number for after-hours response is 281-997-4100.
City shall provide County notice of all emergency repairs within 48 hours of repair. The
City will submit an invoice upon completion of said emergency response and/or repairs
and the County shall promptly reimburse the City for said emergency repairs. The
invoice will include all costs for said emergency response and/or repairs, which includes
but is not limited to materials, labor, and equipment costs.
IV.
4.0 The City and the County recognize and agree that nothing herein shall be
construed to create any rights in third parties.
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4.1 The City and the County 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.
4.2 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.
4.3 The rights and obligations of this Agreement shall not be assigned without prior
written consent of the City and the County.
4.4 This Agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
4.5 This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
4.6 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.
4.7 Intending to be legally bound, the parties hereto have executed this Agreement
effective as of the effective date of the Agreement, , 2013.
CITY OF PEARLAND, TEXAS BRAZORIA COUNTY
B/-- 2 ,1l By:
Print Name: 7O TV? ] GcE ID Print Name: E.J. "Joe"King
Title: ! y)/y a/e Title: County Judge
Date: 7-/5 ZO/3 Date: 7 - !.f- L
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6/19/2012 7:40:06 AM ,on0n
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