R-2016-152 2016-08-22RESOLUTION NO. R2016-152
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, in the estimated
amount of $400,000.00, for the period of October 1, 2016 through
September 30, 2017.
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 22nd day of August. A.D., 2016.
ATTEST:
1,
NG NG,J MC
Y SEETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
&•-4TOM RE -ID
MAYOR
`‘,‘‘11,,,,,,•
''
Resolution No. R2016-152
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, 2016, to
September 30, 2017. 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 .Z2- day of 4aerzo_,e-, 2016.
BRAZCOUNTY, TEXAS
Il
By: L.M. "Matt" ebesta Jr.
Brazoria County Judge
(=Jam 7(44
By: Mayor
ATTEST:
FY17
Street / Location
Limits
(To — From)
Width
(WT)
Length
(LT)
Work Description
(Major Street
Projects Only)
County Office
use only
FY17 Paving Program: Sleepy Hollow Subdivision area + Zapalac and Regal Oaks
Taylor Lane
Washington
Irving to end
Of
McGinnis
17
4200
Overlay
Washington
Irving
Rip Van
Winkle to Crane
Street
20
3900
Overlay
Crane Drive
Winding Creek
To Washington
Irving
24
4700
Overlay
Wood Creek
Washington
Irving to Crane
20
1000
Overlay
Sleepy Hollow
Elm Hollow to
Yost
22
3800
Overlay
Rip Van
Winkle
Washington
Irving to end
20
750
Thin Overlay
Tarrytown
Washington
Irving to
Sleepy Hollow
20
520
Overlay
Gun Powder
Washington
Irving to
Sleepy Hollow
20
520
Overlay
Brom Bones
Washington
Irving to
Sleepy Hollow
20
520
Overlay
Totals
19910 LF
3.77 miles
rFY17 Paving Program: Old Town Site
1
South Galveston
Orange to
Walnut
22
3400
Overlay / minor
base repair
Park Avenue
Orange to
Walnut
22
3400
Overlay / minor
base repair
S. Houston
Ave.
Orange to
Walnut
22
3400
Overlay / minor
base repair
Pear
Main to
Galveston
21
1400
Overlay
Plum
Main to Old
Alvin
25
3400
Overlay / minor
base repair
East Jasmine
Grand to
Sacramento
24
1000
Overlay
Grand
Orange to
Walnut
73
3400
Overlay / minor
base repair
Sacramento
Jasmine to
Plum
20
1100
Overlay / minor
base repair
Zapalac Road
518 to end
22
930
Overlay / minor
base repair
Regal Oaks
518 to end
22
1600
Overlay / minor
base repair
Totals
23030 LF
4.36
Miles
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 exe&liep dates herein below.
By:
By:
CITY OF PEARLAND BRAZORIA COUNTY
MAYOR COUNTY JUDGE
Date signed: / 2e- 207
Date signed:
1S16-0012