Ordinance No. 12,694ORDINANCE NO. 12,694
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 AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH
HARRIS COUNTY FOR THE TRI -CITY BEACH ROAD BRIDGE REPAIR
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN
ADDITIONAL SEVENTY -ONE THOUSAND EIGHT HUNDRED NINETY -FIVE
AND 76/100 DOLLARS ($71,895.76); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 Amendment No. 1 to the Interlocal Agreement with
Harris County for the Tri -City Beach Road Bridge Repair Project. A copy of said amendment 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 hereby authorizes an additional
payment in an amount of SEVENTY -ONE THOUSAND EIGHT HUNDRED NINETY -FIVE AND
76/100 DOLLARS ($71,895.76) pursuant to the amendment authorized in Section 1 hereof.
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; however, the original contract price may not be increased by more than twenty-five
percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of the contractor
to such decrease.
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�Eh City Council of the City of
Baytown this the 23`d day of October, 2014. t/
DONCARLOS,
ATT T:
LETICIA BRYSCH, City C rk
APPROVED AS TO FORM:
eKAACIO RAMIREZ, SR., C' Attorney
RAKarenWiles\City Council',Ordinances\2014 \October 23\ Amendment2InterlocalwithHarrisCounty4Tri- CityBeachRoadBridgeRepairProject .doc
Exhibit "A"
AMENDMENT NO. 1 TO
INTERLOCAL AGREEMENT
This Amendment No. 1 to Interlocal Agreement is made and entered into by and between
Hams County, a body corporate and politic under the laws of the State of Texas, hereinafter
called "County," and the City of Baytown, a home -rule city under the laws of the State of Texas,
hereinafter called "City".
RECITALS:
1. On or about November 20, 2013, the County and the City entered into an interlocal
agreement to perform repairs to the Tri -City Beach Road Bridge, hereinafter called the
"Agreement ".
2. Upon receipt of bids for the project, the County Engineer determined that both the
County Costs and the City Costs based on such bids would exceed the maximum sums available
to the County and the City per Section IX of the Agreement.
3. The County and the City now desire to amend the agreement, as allowed by Section
IV of the Agreement, to make additional funds available for the project.
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. Section IX of the Agreement, reading:
Not withstanding any other provision of this Agreement, it is expressly
understood and agreed that County is not obligated to expend more than the
maximum sum of $125,000.00 to satisfy its obligations under this Agreement, and
the City is not obligated to expend more than the maximum sum of $125,000.00
to satisfy its obligations under this Agreement, but either party may at its option
make further funds available.
is amended to read:
Not withstanding any other provision of this Agreement, it is expressly
understood and agreed that County is not obligated to expend more than the
maximum sum of $196,895.76 to satisfy its obligations under this Agreement, and
the City is not obligated to expend more than the maximum sum of $196,895.76
to satisfy its obligations under this Agreement, but either party may at its option
make further funds available.
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2. The remainder of the attached Agreement shall remain in effect as originally
written. If there is a conflict between the Agreement and this Amendment No. 1,
this Amendment No. I controls.
IN TESTIMONY OF WHICH, this Amendment No. 1 to the 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:
VINCE RYAN
County Attorney
OlgNally d9Md by Clyde 0.
Leudmg
CM: awClyde R LmdMa%0. a%
t=US
By D&W.2014.1001 rs:lw4soty
CLYDE LEUCHTAG
Assistant County Attorney
C.A. File No.: 13GEN1521
ATTEST:
LETICIA BRYSCH
City Clerk
HARRIS COUNTY
By:
ED EMMETT
County Judge
M
CITY OF BAYTOWN
ROBERT D. LEIPER
City Manager
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ORDER OF COMMISSIONERS COURT
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court
at the Harris County Administration Building in the City of Houston, Texas, on the day of
, 2014, with the following members present, to -wit:
A quorum was present. Among other business, the following was transacted:
ORDER AUTHORIZING AMENDMENT NO. 1 TO THE INTERLOCAL
AGREEMENT WITH THE CITY OF BAYTOWN IN CONNECTION WITH
PERFORMING REPAIRS TO THE TRI -CITY BEACH ROAD BRIDGE OVER
HL&P CANAL
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:
Judge Ed Emmett
Comm. El Franco Lee
Comm. Jack Morman
Comm. Steve Radack
Comm. R. Jack Cagle
Yes No Abstain
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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 the County the
attached Amendment No. 1 to the Interlocal Agreement with the City of Baytown in
connection with performing repairs to the Tri -City Beach Road Bridge over HL&P
Canal.
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.
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