R-2014-102 2014-08-25 RESOLUTION NO. R2014-102
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 for certain road overlay projects: 1)
Hatfield Road, FM 518 north to Rice Road; 2) Veterans Drive, Walnut
Street south to Magnolia Drive; and 3) Harkey Road, Magnolia Drive
south to Bailey Road.
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 25th day of August, A.D., 2014.
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2014-102
Exhibit "A"
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, 2014, to
September 30, 2015. 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
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 must 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
inventory. Cities should obtain a Purchase Order directly with supplier,
paying the supplier direct for material costs.
If you have any questions, please contact Sherri Stanford at (979)864-1865.
Sincere
Matt H. s, PE, JD
County Engineer
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Encl.
Page 2 of 2
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August 29, 2014
Sherri Stanford,
Brazoria County Engineering
111 East Locust, Bldg., A-29
Suite 230
Angleton,Texas 77515
Re: Road & Bridge Interlocal Agreement Fiscal Year 2015
Resolution No. R2014-102
Please see the attached Interlocal agreement which has been fully executed. Also enclosed is the
original Project Request.
Please feel free contact me if you have any questions.
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Maria Rodriguez
City Secretary's Office
City of Pearland
3519 Liberty Drive,Ste. 262
Pearland,Texas 77581
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MATT HANKS, PE,JD
COUNTY ENGINEER a • r (979)864-1265 ANGLETON
fi (979)388-1265 CLUTE
MICHAEL C.SHANNON, PE, CFM 4 (281)756-1265 HOUSTON
ASSISTANT COUNTY ENGINEER pOF B�Q,`1' (979)864-1270 FAX
BRAZORIA COUNTY
451 N VELASCO,SUITE 230
ANGLETON,TEXAS 77515
July 15, 2014
Re: Road & Bridge Interlocal Agreement Fiscal Year 2015
Dear Mayor:
Enclosed, please find two "original" Interlocal Agreements approved by
Commissioners' Court and signed by Brazoria County Judge Joe King,
covering construction, improvement, maintenance, or repair activities on
streets or alleys within your municipality during Brazoria County's Fiscal
Year 2015, which begins October 1, 2014. 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, 2014.
In addition, please complete and return the enclosed Project Request, listing
all "road construction" projects (in priority order) for which you are
requesting labor and equipment from Brazoria County Road and Bridge
during Fiscal Year 2015.
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 prior to December 15,
2014.
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. We are
requesting that you limit "road construction" to approximately two miles per
year, and fill out the attached Project Request form in priority order.
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
Page 1 of 2
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 Ler day of , 2014
BRAZORIA COUNTY, TEXAS CITY OF PEARLAND
By: Joe King By: Mayor
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Brazoria County Judge .
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CITY ECRETARY G� �
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City of Pearland
Interlocal Agreement Project Request Summary FY -15
STREET/LOCATION
LIMITS
(TO — FROM)
LENGTH
(FT)
WIDTH
(FT)
WORK DESCRIPTION
(Major Street Projects ONLY)
FOR OFFICE
USE ONLY
Hatfield Rd.
FM518 north to Rice Rd.
9171
22
Overlay
Veterans Dr.
Walnut St. south to Magnolia Dr.
5221
22
Overlay
Harkey Rd.
Magnolia Dr. south to Bailey Rd.
5364
22
Overlay
Note: Each page submitted must be approved
by Mayor. Return to County Engineer.
a)-1%
Approved By: Mayor