R-2015-189 2015-10-26RESOLUTION NO. R2015-189
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.
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 26thday of October. A. D.. 2015.
ATTEST:
TOM REID
MAYOR
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Resolution No. 2015-189
Exhibit "A& B"
I
Street / Location
Limits
(To — From)
Length
(FT)
Width
(FT)
Work Description
(Major Street Projects Only)
For Ottice Use Only
Glenda Street
Knapp Road to Robinson
1733
20
Mill and Overlay
Robert Street
Knapp Road to Robinson
1431
20
Mill and Overlay
Nancy Street
Knapp Road to Robinson
1288
20
Mill and Overlay
Bobby Street
Knapp Road to Robinson
1288
20
Mill and Overlay
Robinson
Bobby to Glenda
1271
20
Mill and Overlay
Butler Drive
Garden to Oday
2225
20
Mill and Overlay
Melanie
Kelly to Butler
1660
20
Mill and Overlay
Approved By Mayor Tom Reid:
Exhibit A
Street / Location
Limits
(To — From)
Length
(FT)
Width
(FT)
Work Description
(Major Street Projects Only)
For Office Use Only
Olin
Melanie to Oday
514
20
Mill and Overlay
Michael
Marsha to Butler
1200
20
Mill and Overlay
Kelly
Butler to Oday
3130
20
Overlay
Marsha
Garden to Melanie
1538
20
Thick Overlay
Dublin
Oday to Dead End
869
17
Thin Overlay
Stevens
Kelly to Dead end
220
15
Thin Overlay
Laurie
Garden to Oday
2030
19
Overlay
Approved By Mayor Tom Reid:
Exhibit A
Street / Location
Limits
(To — From)
Length
(FT)
Width
(FT)
Work Description
(Major Street Projects Only)
For Office Use Only
Lazy Bend
Gardenia to FM 518
1441
21
Overlay
Gardenia
Garden to Oday
2030
19
Thick Overlay
Silver
Oday to Dead end
933
21
Overlay
Cherry
S. Pearland Ave / FM 518
to Woody Street
3048
19
Thick Overlay
Lynn
Cherry to Pear
710
20
Overlay
Cunningham
Cherry to Pear
710
20
Overlay
Halbert
Cherry to Pear
710
20
Overlay
Approved By Mayor Tom Reid:
Exhibit A
Street / Location
Limits
(To — From)
Length
(FT)
Width
(FT)
Work Description
(Major Street Projects Only)
For Office Use Only
Westminster
Old Alvin to FM 518
3215
21
Overlay
Hampshire
Old Alvin to Churchill
1770
21
Overlay
Windsor
Old Alvin to Westminster
2610
20
Overlay
Kent
Nottingham to Hampshire
730
20
Thin Overlay
Approved By Mayor Tom Reid:
Exhibit B
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, 2015, to
September 30, 2016. 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
, 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
Exhibit B
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
Exhibit B
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.
Exhibit B
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 26th day of October
, 2015.
BRAZO'; COUNTY, TEXAS
11/41.15LA s
By: L.M. "Matt" S - besta By: Mayor Tom Reid
Brazoria County Judge
ATTEST: