R-2016-145 2016-08-08RESOLUTION NO. R2016-145
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 paving services along
Smith Ranch Road in the estimated amount of $42,247.
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 8th day of
August, A.D., 2016.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4)
TOM REID
MAYOR
Resolution No. R2016-145
Exhibit "A"
THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
INTERLOCAL AGREEMENT
BETWEEN BRAZORIA COUNTY AND THE CITY OF PEARLAND
IS16-0012
This Agreement is made between BRAZORIA COUNTY and the CITY OF PEARLAND
hereinafter referred to as the COUNTY and CITY respectively.
RECITALS
WHEREAS, the CITY wishes to overlay CR 94 between FM 518 and Hughes Ranch Road,
approximately 0.49 miles; and
WHEREAS, the CITY has requested the COUNTY'S assistance to providing labor and
equipment -to overlay CR 94; and
WHEREAS, the COUNTY has agreed to utilize Brazoria County Road & Bridge equipment and
employees to perform this work pursuant to the authority of Tex. Transp. Code §251.015, and the
Interlocal Cooperation Act, Tex. Gov. Code Sec. 791.001 et. Seq., subject to the conditions and
limitations of this Agreement;
NOW THEREFORE, the CITY and COUNTY agree as follows:
1.01 COUNTY agrees to supply such equipment as may be necessary together with operators
to overlay CR 94 between FM 518 and Hughes Ranch Road, approximately 0.49 miles,
with 2.5 inch HMAC Type D Asphalt and associated primer.
1.02 The CITY agrees to pay material needed in the project directly to supplier, and in the
event COUNTY costs in performing above-described work exceed $10,000.00, the CITY
shall pay, from the point in time that COUNTY'S costs equal the sum $10,000.00, the
labor costs and the hourly value of equipment used, plus any other costs associated with
the use of the equipment. Though it is contemplated by this agreement that CITY will
obtained the necessary design and engineering studies required by the project prior to the
commencement of the work, CITY agrees to pay the reasonable cost of any design or
engineering work obtained by COUNTY if it exceeds the sum of $10,000.00. The value
of equipment shall be those hourly rates which have been previously established by the
COUNTY for each item of its equipment, multiplying the same by the number of hours,
such equipment has been utilized in excess of the point in time when COUNTY's costs
equaled the sum of $10,000.00. COUNTY equipment utilized on site for the project shall
be charged to CITY on a daily rate for each day it is on-site.
1516-0012
1.03 The parties intend that 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. COUTNY is not considered an agent or employee of CITY.
1.04 Each party agrees that 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 it supplies provides
for the other party's benefit.
1.05 COUNTY does not warrant the suitability for this project of any material purchased by
CITY from a third party which maintains a continuing contract with COUTNY. Any cost
estimate made connection with this project is only an estimate and is not warranty of the
final cost of the project.
1.06 To the extent permitted by law, CITY agrees to assume the risk of, fully indemnify, hold
harmless and defend COUNTY, its agent, officers and employees from any and all loss,
damage, cost demands and causes of action of any manner from the performance of the
above referenced work.
1.07 COUTNY executes this Agreement by and through the County Judge acting pursuant to
Order of the Commissioners Court so authorizing, and the CITY executes this Agreement
by and through the President acting pursuant to authorizations of its Board of Trustees.
1.08 Nothing herein shall be constructed to make either party purchaser or consumer of goods
or services from the other.
1.09 Nothing herein shall be constructed to create any rights in third parties.
1.10 Misspelling of one or more words in this agreement shall not avoid this agreement. Such
misspelled words shall be read so as to have the meaning apparently intended by the
parties.
IN TESTIMONY OF WHICH, witness our signatures on the exdates herein below.
By:
By:
CITY OF PEARLAND BRAZORIA COUNTY
MAYOR COUNTY JUDGE
08.08.16
Date signed: Date signed:
1S16-0012
Resolution No. R2016-145
Exhibit"A"
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
INTERLOCAL AGREEMENT
BETWEEN BRAZORIA COUNTY AND THE CITY OF PEARLAND
IS16-0012
This Agreement is made between BRAZORIA COUNTY and the CITY OF PEARLAND
hereinafter referred to as the COUNTY and CITY respectively.
RECITALS
WHEREAS, the CITY wishes to overlay CR 94 between FM 518 and Hughes Ranch Road,
approximately 0.49 miles; and
WHEREAS, the CITY has requested the COUNTY'S assistance to providing labor and
equipment to overlay CR 94; and
WHEREAS, the COUNTY has agreed to utilize Brazoria County Road & Bridge equipment and
employees to perform this work pursuant to the authority of Tex. Transp. Code §251.015, and the
Interlocal Cooperation Act, Tex. Gov. Code Sec. 791.001 et. Seq., subject to the conditions and
limitations of this Agreement;
NOW THEREFORE,the CITY and COUNTY agree as follows:
1.01 COUNTY agrees to supply such equipment as may be necessary together with operators
to overlay CR 94 between FM 518 and Hughes Ranch Road, approximately 0.49 miles,
with 2.5 inch HMAC Type D Asphalt and associated primer.
1.02 The CITY agrees to pay material needed in the project directly to supplier, and in the
event COUNTY costs in performing above-described work exceed $10,000.00, the CITY
shall pay, from the point in time that COUNTY'S costs equal the sum $10,000.00, the
labor costs and the hourly value of equipment used, plus any other costs associated with
the use of the equipment. Though it is contemplated by this agreement that CITY will
obtained the necessary design and engineering studies required by the project prior to the
commencement of the work, CITY agrees to pay the reasonable cost of any design or
engineering work obtained by COUNTY if it exceeds the sum of$10,000.00. The value
of equipment shall be those hourly rates which have been previously established by the
COUNTY for each item of its equipment, multiplying the same by the number of hours,
such equipment has been utilized in excess of the point in time when COUNTY's costs
equaled the sum of$10,000.00. COUNTY equipment utilized on site for the project shall
be charged to CITY on a daily rate for each day it is on-site.
IS16-0012
1.03 The parties intend that 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. COUTNY is not considered an agent or employee of CITY.
1.04 Each party agrees that 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 it supplies provides
for the other party's benefit.
1.05 COUNTY does not warrant the suitability for this project of any material purchased by
CITY from a third party which maintains a continuing contract with COUTNY. Any cost
estimate made connection with this project is only an estimate and is not warranty of the
final cost of the project.
1.06 To the extent permitted by law, CITY agrees to assume the risk of, fully indemnify, hold
harmless and defend COUNTY, its agent, officers and employees from any and all loss,
damage, cost demands and causes of action of any manner from the performance of the
above referenced work.
1.07 COUTNY executes this Agreement by and through the County Judge acting pursuant to
Order of the Commissioners Court so authorizing, and the CITY executes this Agreement
by and through the President acting pursuant to authorizations of its Board of Trustees.
1.08 Nothing herein shall be constructed to make either party purchaser or consumer of goods
or services from the other.
1.09 Nothing herein shall be constructed to create any rights in third parties.
1.10 Misspelling of one or more words in this agreement shall not avoid this agreement. Such
misspelled words shall be read so as to have the meaning apparently intended by the
parties.
IN TESTIMONY OF WHICH, witness our signatures on the ex • dates herein below.
By: By: •
CITY OF PEARLAND BRAZORIA COUNTY
MAYOR COUNTY JUDGE
08.08.16
Date signed: Date signed:
IS16-0012