Ordinance No. 15,859 ORDINANCE NO. 15,859
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING ORDINANCE 15,453 WHICH AUTHORIZED AN INTERLOCAL
AGREEMENT WITH HARRIS COUNTY FOR THE GARTH ROAD SIDEWALK
FROM SEABIRD STREET TO WALLISVILLE ROAD PROJECT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED SEVENTY-THREE THOUSAND EIGHT HUNDRED SIXTY-FIVE AND
08/100 DOLLARS ($173,865.08); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS on May 25, 2023 the City Council of Baytown, Texas passed Ordinance No. 15,453
authorizing an Interlocal Agreement with Harris County for the Garth Road Sidewalk from Seabird Street
to Wallisville Road Project ("the Project") and payment in an amount not to exceed EIGHTY-TWO
THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($82,400.00). A copy of said ordinance and
agreement are attached hereto as Exhibit"A" and incorporated herein for all intents and purposes;
WHEREAS the Project is now complete and costs for the Project exceeded the initial estimate
detailed in the Interlocal Agreement and requires an additional NINETY-ONE THOUSAND FOUR
HUNDRED SIXTY-FIVE AND 08/100 DOLLARS ($91,465.08)of funding,making the total payment an
amount not to exceed ONE HUNDRED SEVENTY-THREE THOUSAND EIGHT HUNDRED SIXTY-
FIVE AND 08/100 DOLLARS ($173,865.08); and
WHEREAS the Interlocal Agreement, previously authorized by the City Council, provides that
any construction costs incurred during the construction of the Project, within the City's jurisdiction, to be
performed under the Interlocal Agreement, in excess of the construction contract award amount, shall be
funded by the City; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown hereby amends Ordinance No. 15,453
and authorizes payment to Harris County in an amount not to exceed ONE HUNDRED SEVENTY-THREE
THOUSAND EIGHT HUNDRED SIXTY-FIVE AND 08/100 DOLLARS ($173,865.08), in accordance
with the terms of the Interlocal Agreement previously authorized and detailed above
Section 2: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the ativ ote o the C. ouncil of the City of
Baytown this the 11 th day of
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Project.kh.docx
ORDINANCE NO. 15,453 EXHIBIT "A"
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR
THE GARTH ROAD SIDEWALK FROM SEABIRD STREET TO WALLISVILLE
ROAD PROJECT;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED EIGHTY-TWO THOUSAND FOUR HUNDRED AND
NO'100 DOLLARS ($82,400.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown,Texas,hereby authorizes and directs the
Mayor to execute and the City Clerk to attest to an interlocal agreement with Harris County for the Garth
Road Sidewalk from Seabird Street to Wallisville Road Project. A copy of said agreement is attached
hereto as Exhibit "A"and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Harris County in
an amount not to exceed EIGHTY-TWO THOUSAND FOUR HUNDRED AND NO.+100 DOLLARS
($82,400.00)in accordance with the agreement authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or an
increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS($50,000.00)or less,provided that the
amount authorized in Section 2 hereof may not be increased by more than twenty-five percent(25%).
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 25th day of May,2023.
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EXHIBIT "A"
JOINT PARTICIPATION INTERLOCAL AGREEMENT
This Joint Participation Interlocal Agreement ("Agreement") is entered into by and
between Harris County ("County") and the City of Baytown ("City") pursuant to the Interlocal
Cooperation Act,Tex. Gov't Code Ch. 791.001,et seq. County and the City may each be referred
to herein individually as a "Party"or collectively as the "Parties".
RECITALS
WHEREAS, it is of mutual benefit to both Parties to construct improvements to sidewalk
facilities in and around Garth Road from Seabird Street to Wallisville Road("Project")as generally
illustrated on Exhibit A attached hereto and incorporated herein by reference;
WHEREAS, both Parties desire to cooperate in accordance with the terms of this
Agreement to jointly accomplish the construction of the Project; and
WHEREAS, both Parties agree that all funds used under this Agreement shall be from
current fiscal funds.
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits
herein set forth, the Parties agree as follows:
TERMS
Section 1. Responsibilities of the Parties
A. County's Responsibilities
(i) The County will provide or cause to be provided, engineering services and related
support services necessary to prepare plans,specifications,and estimates("PS&E")
for the construction of the Project. The County will include the City's utility
standard details as part of the PS&E. The County will include line items on the bid
sheet to account for utility relocations that will occur during the Project. The
County will not provide utility relocation drawings in the PS&E.
(ii) The County shall be responsible for obtaining all necessary permits and
jurisdictional approvals for construction of the Project. The County will add the
limits of the City portion to the temporary road log during construction of the
Project.
(iii) Upon completion of the PS&E the County will submit the PS&E to the City for
review and approval.
(iv) Upon approval by the City of the PS&E, the County will advertise for and receive
bids for construction of the Project, in a manner similar to that of other County
projects.
Page 1 of 8
(v) Upon receipt of bids for the construction of the Project the County shall determine
the lowest and best bidder and provide the bids to the City with its recommendation
for award of the construction contract to such lowest and best bidder,as determined
by the Harris County Commissioners Court.
(vi) Upon award of a contract for construction of the Project, the County will:
(a) Manage and inspect the construction of the Project in a manner similar to
that of other County construction projects; and
(b) The County will invite the City to pre-construction meetings for the
Project.
(c) Through its contractor,construct the Project in accordance with the PS&E
approved by the City. The County may make minor changes in the PS&E
through change(s) in contract ("CIC") that the County deems to be
necessary or desirable during the construction of the Project, so long as
the original scope and intent of the Project is maintained.
(vii) Upon completion of the construction of the Project, the County shall:
(a) Provide an opportunity for the City to participate in a final walk-through
and preparation of a punch list in regards to the construction of the Project;
and
(b) Provide a statement of final accounting to the City detailing all construction
costs incurred and identify amount(s)to be invoiced or refunded to the City
in accordance with Section 2 of this Agreement.
B. City's Responsibilities
(i) The City will review the PS&E provided by the County and provide its approval
within fourteen(14)calendar days. Should the City desire to make changes to such
PS&E, the Parties agree to meet and resolve all issues within ten(10)business days
of the City's receipt of the PS&E in order to finalize an agreed upon PS&E for the
Project. If the City does not provide a response on the PS&E provided by the
County within fourteen (14) calendar days from its receipt of the PS&E, then the
PS&E submitted to the City by the County will be deemed approved.
(ii) Upon receipt of the bids and award recommendation from the County for
construction of the Project, the City will:
(a) Review the bids and provide concurrence for award of the construction
contract to such lowest and best bidder within five (5) business days from
receipt of the recommendation from the County. If the City does not provide
Page 2 of 8
a response on the construction contract award recommendation within five(5)
business days from its receipt of the recommendation from the County, then
the recommendation submitted to the City will be deemed approved; and
(b) The City will be present to inspect the City's utility relocations during
Project construction.
(iii) Upon completion of the construction of the Project, the City shall:
(a) Assume full responsibility for the ongoing maintenance and repairs of the
Project; and
(b) Remit payment to the County for the City Funding Share for construction
of the Project in accordance with Section 2 of this Agreement.
Section 2. Funding of the Project
Notwithstanding any provision in this Agreement to the contrary, the following provisions
will apply to all payments made under this Agreement:
A. The City agrees to provide$82,400.00 toward the construction cost("City Funding Share")
necessary for the construction of the Project as generally illustrated on Exhibit B attached
hereto and incorporated herein by reference.
B. Upon Project completion, the County shall invoice the City for the City Funding Share
which shall be paid by the end of QI 2024 of the City fiscal year.
C. The City agrees to provide payment of the City Funding Share to the County within thirty-
five(35) business days of receipt of the invoice.
D. Parties agree that any construction costs incurred during the construction of the Project or
other work (including sidewalk construction and utility adjustment work) within the City
jurisdiction, to be performed under this Agreement in excess of the construction contract
award amount shall be funded by the City.
Section 3.Term and Termination
A. This Agreement shall commence upon final execution by all the Parties (the "Effective
Date") and shall remain in full force and effect until the completion of construction of the
Project or the County's receipt of all payments due from the City under this Agreement,
whichever occurs later("Term").
B. This Agreement may be terminated by the County before award of the construction contract
and at any time by mutual written consent of the Parties, or as otherwise provided under
this Agreement.
Page 3 of 8
1
Section 4. Limitation of Appropriation
A. The City understands and agrees, said understanding and agreement also being of the
absolute essence of this Agreement, that the County is not currently appropriating any
funds for the Project. County may appropriate funds to complete the Project, but such
funds shall not under any conditions, circumstances, or interpretations thereof exceed the
sum certified available by the Harris County Auditor.
B. The City understands and agrees, said understanding and agreement also being of the
absolute essence of this Agreement, that failure of the Harris County Auditor to certify
funds or to certify sufficient funding for any reason shall not be considered a breach of this
Agreement.
Section 5. Mlscellaneous
A. Non-Assignability. The County and the City bind themselves and their successors,
executors, administrators, and assigns to the other Party of this Agreement and to the
successors, executors, administrators, and assigns of such other Party, in respect to all
covenants of this Agreement. Neither the County nor the City shall assign, sublet, or
transfer its interest in this Agreement without the prior written consent of the other Party
B. Notice. Any notice required to be given under this Agreement ("Notice") shall be in
writing and shall be duly served when it shall have been (a) personally delivered to the
address below, (b) deposited, enclosed in a wrapper with the proper postage prepaid
thereon, and duly registered or certified, return receipt requested, in a United States Post
Office, addressed to County or the City at the following addresses:
City: City of Baytown
2123 Market Street
City of Baytown, Texas 77522
Attention: Frank Simoneaux
Email: Frank.Simoneauxra;baytown.org
County: Harris County Engineering Department
11 1 1 Fannin Street, 11t' Floor
Houston, Texas 77002
Attention: Interagency Agreement Coordinator
Any Notice given by mail hereunder is deemed given upon deposit in the United States
Mail and any Notice delivered in person shall be effective upon receipt.
Each Party shall have the right to change its respective address by giving at least fifteen
(15) days' written notice of such change to the other Party.
Other communications, except for Notices required under this Agreement, may be sent by
electronic means or in the same manner as Notices described herein.
it
Page 4 of 8
C. Independent Parties. It is expressly understood and agreed bythe Parties that nothing
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contained in this Agreement shall be construed to constitute or create a joint venture,
partnership,association or other affiliation or like relationship between the Parties, it being
specifically agreed that their relationship is and shall remain that of independent parties to
a contractual relationship as set forth in this Agreement. The County is an independent
contractor and neither it,nor its employees or agents shall be considered to be an employee,
agent, partner, or representative of the City for any purpose. The City, nor its employees,
officers, or agents shall be considered to be employees, agents, partners or representatives
of the County for any purposes. Neither Party has the authority to bind the other Party.
D. No Third Party Beneficiaries. This Agreement shall be for the sole and exclusive benefit
of the Parties and their legal successors and assigns. The County is not obligated or liable
to any party other than the City for the performance of this Agreement. Nothing in the
Agreement is intended or shall be deemed or construed to create any additional rights or
remedies upon any third party. Further, nothing contained in the Agreement shall be
construed to or operate in any manner whatsoever to confer or create rights or remedies
upon any third party, increase the rights or remedies of any third party, or the duties or
responsibilities of County with respect to any third party.
E. Waiver of Breach. No waiver or waivers of any breach or default (or any breaches or
defaults) by either Party hereto of any term, covenant, condition, or liability hereunder, or
the performance by either Party of any obligation hereunder, shall be deemed or construed
to be a waiver of subsequent breaches or defaults of any kind, under and circumstances.
F. No Personal Liability., No Waiver of Immunity.
(1) Nothing in the Agreement is construed as creating any personal liability on the
part of any officer, director, employee, or agent of any public body that may be
a Party to the Agreement, and the Parties expressly agree that the execution of
the Agreement does not create any personal liability on the part of any officer,
director, employee, or agent of the County.
(2) The Parties agree that no provision of this Agreement extends the County's
liability beyond the liability provided in the Texas Constitution and the laws of
the State of Texas.
(3) Neither the execution of this Agreement nor any other conduct of either Party
relating to this Agreement shall be considered a waiver by the County of any
right, defense, or immunity on behalf of itself, its employees or agents under
the Texas Constitution or the laws of the State of Texas.
G. Applicable Law and Venue. This Agreement shall be governed by the laws of the State of
Texas and the forum for any action under or related to the Agreement is exclusively in a
state or federal court of competent jurisdiction in Texas. The exclusive venue for any
action under or related to the Agreement is in a state or federal court of competent
jurisdiction in Houston, Harris County, Texas.
Page 5 of 8
H. No Binding Arbitration; Right to Jury Trial. The County does not agree to binding
arbitration, nor does the County waive its right to a jury trial.
Contract Construction.
(1) This Agreement shall not be construed against or in favor of any Party hereto
based upon the fact that the Party did or did not author this Agreement.
(2) The headings in this Agreement are for convenience or reference only and shall
not control or affect the meaning or construction of this Agreement.
(3) When terms are used in the singular or plural, the meaning shall apply to both.
(4) When either the male or female gender is used,the meaning shall apply to both.
J. Recitals. The recitals set forth in this Agreement are, by this reference, incorporated into
and deemed a part of this Agreement.
K. Entire Agreement; Modifications. This Agreement contains the entire agreement between
the Parties relating to the rights herein granted and the obligations herein assumed. This
Agreement supersedes and replaces any prior agreement between the Parties pertaining to
the rights granted and the obligations assumed herein. This Agreement shall be subject to
change or modification only by a subsequent written modification approved and signed by
the governing bodies of each Party.
L. Severability. The provisions of this Agreement are severable, and if any provision or part
of this Agreement or the application thereof to any person, entity, or circumstance shall
ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any
reason, the remainder of this Agreement and the application of such provision or part of
this Agreement to other persons, entities, or circumstances shall not be affected thereby.
M. Survival of Terms. Any provision of this Agreement that, by its plain meaning, is intended
to survive the expiration or earlier termination of this Agreement shall survive such
expiration or earlier termination. If an ambiguity exists as to survival, the provision shall
be deemed to survive.
N. Multiple Counterparts/Execution. This Agreement may be executed in several
counterparts. Each counterpart is deemed an original and all counterparts together
constitute one and the same instrument. In addition, each Party warrants that the
undersigned is a duly authorized representative with the power to execute the Agreement.
O. Warranty. By execution of this Agreement, the City warrants that the duties accorded to
the City in this Agreement are within the powers and authority of the City.
[EXECUTION PAGE FOLLOWS]
Page 6 of 8
HARRIS COUNTY CITY OF BAYTOWN
By: By:
Lina Hidalgo Brandon Capetillo
County Judge Mayor
APPROVED AS TO FORM: ATTEST
CHRISTIAN D. MENEFEE
County Attorney By:
Secretary
By:
Philip Berzins
Assistant County Attorney
CAO File No.: 23GEN0218
Page 7 of 8
ORDER OF COMMISSIONERS COURT
The Commissioners Court of Harris County,Texas, met in regular session at its regular
term at the Harris County Administration Building in the County of Houston, Texas, on
, with all members present except
A quorum was present. Among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF A JOINT PARTICIPATION INTERLOCAL
AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN TO
CONSTRUCT IMPROVEMENTS TO SIDEWALK FACILITIES IN AND AROUND
GARTH ROAD FROM SEABIRD STREET TO WALLISVILLE ROAD AND ALL
RELATED APPURTENANCES IN HARRIS COUNTY PRECINCT 3
Commissioner introduced an order and moved that
Commissioners Court adopt the order. Commissioner seconded the
motion for adoption of the order. The motion, carrying with it the adoption of the order,
prevailed by the following vote:
Yes No Abstain
Judge Lina Hidalgo
Comm. Rodney Ellis
Comm. Adrian Garcia
Comm. Tom S. Ramsey, P.E.
Comm. Lesley Briones
The County Judge thereupon announced that the motion had duly and lawfully carried
and that the order had been duly and lawfully adopted. The order thus adopted follows:
IT IS ORDERED THAT:
1. The Harris County Judge is authorized to execute on behalf of Harris County the attached
Joint Participation Interlocal Agreement between Harris County and the City of Baytown
to construct improvements to sidewalk facilities in and around Garth Road from Seabird
Street to Wallisville Road and all related appurtenances in Harris County Precinct 3.
2. All Harris County officials and employees are authorized to do any and all things
necessary or convenient to accomplish the purposes of this order.
Page 8 of 8
s 4 I,yr IC , Exhibit A _ n 1
Sidewalk - Garth Rd • - t .- Legend
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Project Limits&COB Project L mits T I (Baytown Segments)
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EXHIBIT B
City of Baytown
Sidewalk - Garth Road - 2021
Pct No. 3
21-Apr-23
City of Baytown Cost
Estimated City of City of Baytown Cost Based on Final Pay
Description Baytown Cost Based on Bids Estimate
Construction Cost $ 80,000.00 $ $
CMT(3%Construction Cost) $ 2,400.00
Subtotal $ 82,400.00 $ - $ -
Total City of Baytown Cost $ 82,400.00 $ - $
Previous Payments Received $ - $ - $
Total Due From City of Baytown $ 82,400.00 $ - $