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Ordinance No. 12,632ORDINANCE NO. 12,632 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE INSTALLATION OF NEW TRAFFIC SIGNALS WITH PEDESTRIAN INDICATIONS AND PUSHBUTTONS, AND THE MODIFICATION OF STRIPING AND PEDESTRIAN RAMPS AS NECESSARY AT THE INTERSECTION OF BARKALOO ROAD AND BLUE HERON PARKWAY; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED EIGHTY -TWO THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($82,500.00); 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 the City Manager to execute and the City Clerk to attest to an interlocal agreement with Harris County for the installation of new traffic signals with pedestrian indications and pushbuttons, and the modification of striping and pedestrian ramps as necessary at the intersection of Barkaloo Road and Blue Heron Parkway. 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 in an amount not to exceed EIGHTY -TWO THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($82,500.00) in accordance with the agreement authorized pursuant to Section 1. Section 3: That the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) or less, provided that the amount stated in Section 2 hereof may not be increased by more than twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent of Harris County to such decrease unless otherwise provided for in the contract authorized in Section 1 hereinabove. Section 4: This ordinance shall take effect immediately frZeity er its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote oouncil of t he City of Baytown this the 28th day of August, 2014. A STEPHEN H. DONCARLOS, Mayor ATTEST: �1 - 1; LETICIA BRYSCH, City C k APPROVED AS TO FORM: ACIO RAMIREZ, SR., City A o ey RAKaren\Files\City CouncillOrdinances\2014\August 28'' CostShareAgreementwithHarrisCounty.doc Exhibit "A" INTERLOCAL AGREEMENT (Transportation Funding) This Interlocal Agreement is made and entered into by and between Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter called "County," and the City of Baytown, a body corporate and politic under the laws of the State of Texas, hereinafter called "City". The County and the City may each be referred to herein as a "Party" or collectively as the "Parties." RECITALS: 1. The County intends to install new traffic signals with pedestrian indications and pushbuttons, and modify striping and pedestrian ramps as /if necessary, including any necessary appurtenances at the intersection of Barkaloo Road and Blue Heron Parkway, hereinafter called the "Project." 2. It is to the mutual benefit of the County and the City to construct the Project, and the Parties therefore desire to jointly share the costs and responsibilities to complete the Project, in accordance with this Interlocal Agreement. 3. The County is willing, at no cost to the City, to provide and administer engineering and related services for the design of the Project, and to bid, award, and manage the construction of the Project. 4. The City and the County are each willing to contribute 50% of the Construction Costs of the Project, which shall include construction materials testing. The total Construction Cost of the Project has been estimated to be $150,000. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: TERMS: 1. Upon execution of this Agreement, the County shall prepare, or cause to be prepared, plans, specifications, and estimates (PS &E) for construction of the Project and submit copies of same to the City for written approval by the City Manager or his designee The City shall provide written approval or comments to the County within 10 days of receipt of the PS &E, and the County shall attempt to address such comments, if any, and resubmit to the City as in the first instance if necessary, and the City shall provide written approval or comments as in the first instance. 2. Upon approval by the City of the PS &E for the Project, and approvals /clearances from any jurisdictional agencies, the County will advertise for and receive bids for the construction of the Project in accordance with the approved PS &E in the manner similar to that of other like County projects. 3. Upon receipt and tabulation of the bids for construction of the Project, the County will determine the lowest and best bid for the construction of the Project. The County's determination of such lowest and best bid shall be final and conclusive. The County Engineer, or his designee, shall then estimate the projected Construction Costs based on such bid. 4. In the event that 50% of the estimated Construction Costs, based on bids, plus an additional 10% for potential changes in contract during construction, does not exceed the maximum sums available to the County or the City, per Section 13 below, the County Engineer, or his designee, shall notify the City of RAKarenlFileslCity CouncillCouncil Mee4ng PDFs120141August 2MINTERLOCAL- AGREEMENT 14GEN0961 Baytown- Barkaloo. d-dou 1 such costs, and the City will transmit to the County within thirty (30) days of such notification, its check made payable to Harris County Treasurer in an amount equal to 50% of the estimated Construction Costs, based on bids, plus an additional 10% for potential changes in contract during construction. In the event that 50% of the estimated Construction Costs, based on bids, plus an additional 10% for potential changes in contract during construction is greater than the maximum sum available to the City per Section 13 below and the County elects to pay 50% of the additional costs, the County Engineer, or his designee, shall notify the City of the estimated City Costs Plus 10 %, and the City may transmit to the County within thirty (30) days of such notification, its check made payable to Harris County Treasurer in such amount. 5. In the event that 50% of the estimated Construction Costs, based on bids, plus an additional 10% for potential changes in contract during construction is greater than the maximum sum available to the County per Section 13 below, and the City does not opt to exercise its option under Section 4 to provide additional funding, County shall have the following options: a. County may elect to attempt to pay the additional costs. In such case, the County shall notify the City of its choice, and the City will transmit to the County within thirty (30) days of such notification, its check made payable to Harris County Treasurer in an amount equal to $82,500 less any amounts previously paid; b. County may reject all bids and elect not to proceed with the letting of the contract and terminate this agreement as provided below; C. County may reject all bids and re- advertise for bids for construction of the Project in accordance with the approved drawings and specifications in the same manner as before and under the same conditions; or d. County may attempt to negotiate an amendment to this Agreement to provide for payment of the additional costs, and if such an amendment is obtained, proceed under its terms. If the parties fail to agree to an amendment to this Agreement, then and in that event the County may proceed under one of the other three options. 6. Within thirty (30) days after the receipt of funds from the City pursuant to Section 4 or 5 above, the County shall award the contract for construction of the Project to the responsible bidder who submits the lowest and best bid, in accordance with the usual and customary procedures of the County, subject to certification of the availability of funds for the Project by the County Auditor. It is expressly agreed and understood that the County reserves the right to reject all bids. In such event, the County, in its discretion, may either re- advertise for bids pursuant to the same understanding with regard to rejection of bids or terminate this agreement as hereinafter provided. The County's determination of the responsible bidder who submits the lowest and best bid for the Project shall be final and conclusive. 7. The County shall be responsible for administering the construction contract for the Project. During the construction of the Project, the City shall have the right of access to the construction site and shall have the right to review all documents, maps, plats, records, photographs, reports or drawings affecting said construction, provided, however, each shall give notice by telephone to the Harris County Engineer prior to any inspection of either the site or documents and provided further that in conducting said inspections, City shall not interfere with the work in progress. RAKarenlFiles\City CouncillCouncil Meeting POF's120141August MINTERLOCAL- AGREEMENT 14GEN0961 Baytown- Barkaloo.cd-dom 8. Funds paid by the City to the County per Sections 4 or 5 above shall not be used by the County for any purpose other than paying the City's share of the Project in accordance with this Interlocal Agreement. 9. Upon completion of construction of the Project, the County shall perform or cause to be performed, a final accounting. If the amounts paid by the City to the County hereunder exceed an amount equal to 50% if the actual Construction Costs, the County shall promptly pay over the amount of such excess to the City. If the amounts paid by the City to the County hereunder are less than an amount equal to the actual Construction Costs, the City shall promptly pay over the amount of such deficiency to the County, subject to the funding limitations in Section 13, or as otherwise agreed by amendment to this Agreement. 10. The County acknowledges and agrees that the City's sole obligation under this Agreement during the construction of the Project is to contribute funding for the costs of the Project to the extent stated in this Agreement, and the City has not assumed any responsibility for the actual construction of the Project or the performance of the work other than the contribution of funds as provided herein. The City shall not be responsible for the maintenance or condition of the Project facilities during construction of the Project. Upon completion of the Project, the City will assume responsibility for the maintenance and repair of the Project facilities to the extent and in the same manner as other like facilities within the City. 11. The County may make such changes and amendments to the drawings and specifications within the general scope of the approved PS &E as the County Engineer deems necessary or desirable during construction of the Project. 12. Either the County or the City may terminate this Agreement, without cause, at any time prior to the letting of the contract for construction of the Project or any phase thereof, by written notice to the other party. After termination, neither party shall have any further obligations hereunder, except as follows: County shall return to the City any funds which the City has paid to the County. After termination of this Agreement, the County may continue, at its option, with construction of the Project. 13. Any other provision of this Agreement notwithstanding, it is expressly understood and agreed that County is not obligated to expend more than the maximum sum of $82,500 to satisfy its construction obligations under this Agreement, and the City is not obligated to expend more than the maximum sum of $82,500 to satisfy its obligations under this Agreement, but either party may at its option make further funds available. 14. The City and its authorized representatives shall have the right to review and audit all books, records, vouchers and documents of whatever nature related to County's performance under this Agreement during the period of performance of this agreement and for three (3) years thereafter or for so long as there exists any dispute or litigation arising from this agreement. 15. No party hereto shall make, in whole or in part, any assignment of this agreement or any obligation hereunder without the prior written consent of the other parties hereto. 16. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed herein below or at such other address as the other party may have theretofore prescribed by notice to the sending party. RAKaren\FileslCity CoundCouncil Meeting PDFV2014ftgust WINTERLOCAL- AGREEMENT 14GEN0961 Baytown- Barkaloo.cd-doa Address for notice shall be as follows: To City: Attention: City Manager City of Baytown 2401 Market Street Baytown, Texas 77520 -0424 To County: Attn.: Interagency Agreement Coordinator Harris County Public Infrastructure Department Architecture and Engineering Division 1001 Preston, 71h Floor Houston, Texas 77002 17. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, approved by the governing bodies and signed by all parties hereto. IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each having equal force and effect of an original, has been executed on behalf of the parties hereto as follows, to -wit: a. It has on the day of 2014, been executed on behalf of the County by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County authorizing such execution. b. It has on the day of , 2014, been executed on behalf of the City by its City Manager and attested by its City Clerk, pursuant to ordinance of the City Council of the City of Baytown authorizing such execution. APPROVED AS TO FORM: APPROVED: VINCE RYAN HARRIS COUNTY County Attorney By: Clyde Leuchtag Assistant County Attorney CA File No. 14GEN0961 ATTEST By: City Secretary Ed Emmett County Judge CITY OF BAYTOWN Mayor RAKarenTileslCity CouncillCouncil Meeting PDF's120141August 28UNTERLOCAL- AGREEMENT 14GEN0961 Baytown- Barkaloo.crl..dom ORDER OF COMMISSIONERS COURT Authorizing an Interlocal Agreement with the City of Baytown The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the Harris County Administration Building in the City of Houston, Texas, on with all members present except A quorum was present. Among other business, the following was transacted. ORDER AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN TO INSTALL NEW TRAFFIC SIGNALS WITH PEDESTRIAN INDICATIONS AND PUSHBUTTONS, AND MODIFY STRIPING AND PEDESTRIAN RAMPS AS /IF NECESSARY, INCLUDING ANY NECESSARY APPURTENANCES AT THE INTERSECTION OF BARKALOO ROAD AND BLUE HERON PARKWAY, IN PRECINCT 2 Commissioner Commissioners Court adopt the motion for adoption of the order. by the following vote: Judge Ed Emmett Comm. El Franco Lee Comm. Jack Morman Comm. Steve Radack Comm. R. Jack Cagle introduced an order and moved that order. Commissioner seconded the The motion, carrying with it the adoption of the order prevailed Yes No Abstain 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 adopted follows: IT IS ORDERED that: 1. The Harris County Judge is authorized to execute on behalf of Harris County the attached Interlocal Agreement with the City of Baytown to install new traffic signals with pedestrian indications and pushbuttons, and modify striping and pedestrian ramps as /if necessary, including any necessary appurtenances at the intersection of Barkaloo Road and Blue Heron Parkway, in Precinct 2. 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. R: \Karen \Files \City Council \Council Meeting PDF's \2014\August 28 \INTERLOCAL- AGREEMENT 14GEN0961 Baytown- Barkaloo.crl..doa A &E