Ordinance No. 13,637ORDINANCE NO. 13,637
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE
WIDENING OF JOHN MARTIN ROAD FROM IH -10 TO HUNT ROAD AND
RELATED IMPROVEMENTS; AUTHORIZING PAYMENT TO HARRIS COUNTY
IN AN AMOUNT NOT TO EXCEED SIX HUNDRED SEVENTY-ONE THOUSAND
SEVEN HUNDRED SEVENTY-THREE AND 36.100 DOLLARS ($671,773.36),-
MAKING
$671,773.36);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 Amendment No. 10 to the Interlocal Agreement with Harris County for Circulator
Bus Service in the City of Baytown. 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 authorizes payment to Harris
County in an amount not to exceed SIX HUNDRED SEVENTY-ONE THOUSAND SEVEN
HUNDRED SEVENTY-THREE AND 36/100 DOLLARS ($671,773.36) in accordance with the
amendment 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 N0/100 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 o the City Council of the City of
Baytown this the 20"' day of November, 2017.
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Mayor
S�EPHEITTr.—DO]
ATT ST:
LETICIA BRYSCH, Ci Jerk
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APPROVED AS TO FORM:
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T OF*T
ACIO RAMIREZ, SR. ity Attorney
I\cobfsO 111egaMaren\FilesTity CouncillOrdinances\2017.November 20 HariisCountylnterlocal4Wideningof3ohnMartin.doc
Mayor
Exhibit "A"
INTERLOCAL AGRElEM ENT
This 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 District may each be referred to herein individually as a "Party" or
collectively as the "Parties."
RECITALS
Whereas, it is to the mutual interest of the County and the City to widen John Martin Road from
IH -10 to the future intersection of Hunt Road, including a transition back to the existing 2 -lane asphalt
road south of the future intersection of Hunt Road, hereinafter called the "Project." The Project will also
include storm sewer system, detention, signing, pavement markings, and necessary appurtenances, and
Whereas, the City has designed and constructed a segment of the Project from IH -10 to
approximately 600 feet South of IH -10, the "City Segment", and
Whereas, the County will design and construct the remaining segment of the Project from
approximately 600 feet south of IH -10 to the future intersection of Hunt Road, including a transition back
to the existing 2 -lane asphalt road south of the future intersection of Hunt Road, the "County Segment",
and
Whereas, the City desires that the County include installation of dual 6 foot x 6 foot concrete box
culverts with brick plugs at the ends ("Dual Boxes"), under the County Segment located approximately at
plan station 47+00, to serve future development in the area.
Whereas, County and City desire to cooperate in accordance with the terms of this Agreement to
share costs and accomplish the construction of the Project including the Dual Boxes.
NOW, THEREFORE, the Parties hereby enter into this Agreement, as follows:
TERMS
I. Responsibilities of the Parties
A. City Responsibilities
(i) The City hereby authorizes the County and the County's officers, employees, and
contractors to access the Project site for all purposes as necessary to design and construct
the County Segment.
(ii) In accordance with Section II below, the City will pay 100% of the cost to construct the
Dual Boxes and 50% of the construction cost for the County Segment, less $421,932.98
("City Cost"). The $421,932.98 represents 50% of the actual cost for the construction of
the City Segment by the City, as determined and agreed to by the Parties.
(iii) Upon completion of construction of the County Segment, the City shall assume full
ownership of and responsibility for the maintenance and repair of the County Segment to
the extent and in the same manner as other like facilities within the City. County will not
be responsible for the ongoing maintenance or condition of the County Segment.
B. County's Responsibilities
(i) In accordance with Section H below, the County will pay for all expenses associated with
its responsibilities specified in this Section I and 50% of the construction cost for the
County Segment ("County Cost").
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(ii) 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 County Segment including the Dual Boxes.
(iii) Upon completion of the PS&E and receipt of all necessary permits and approvals from any
jurisdictional agencies, the County will advertise for and receive bids for construction of
the County Segment including the Dual Boxes, in a manner similar to other similar County
projects.
(iv) Upon receipt of bids the Harris County Engineer or delegated staff ("County Engineer")
will determine the lowest and best bid, and upon authorization by the Harris County
Commissioners' Court, will award the contract for the construction of the County Segment
including the Dual Boxes ("Construction Contract"), to the lowest and best bidder in
accordance with the usual and customary procedures of the County.
(v) Upon award of the Construction Contract, County will:
(a) Manage and inspect the construction of the County Segment, including the Dual
Boxes, in a manner similar to that of other similar County construction projects;
and
(b) Through its contractor, construct the County Segment including the Dual Boxes.
II. Funding
A. Upon completion of construction of the County Segment, including the Dual Boxes, the County
Engineer will determine the actual City Cost in connection with the County Segment including the
Dual Boxes, in accordance with Exhibit A. County will provide documentation to the City
supporting the actual City Cost, and the City shall provide its concurrence with same or notify the
County of any discrepancies noted therein, within fifteen (15) days of receipt of County's
determination of the actual City Cost.
B. Upon receipt of City's concurrence with the County's determination of the actual City Cost, or
after fifteen (15) days from the date City is provided with the County's determination of the actual
City Cost, whichever occurs first, the County will provide an invoice in such amount to the City,
and the City shall remit its payment in such amount within thirty (30) days of receipt of such
invoice.
III. Limit of Appropriation
Notwithstanding any other provision of this Agreement, it is expressly understood and agreed that
the County has appropriated $841,634.16 to fulfill the County's obligations under this Agreement. It is
expressly understood and agreed that upon approval of this Agreement, the City will appropriate
$671,773.36 to fulfill its obligations under this Agreement. The City understands and agrees that before
the County may pledge any amount of funds for any reason, funds must be appropriated and certified as
available by the Harris County Auditor from current fiscal funds. The City further understands and agrees
that the City's appropriation is currently limited to $671,773.36. Either party may, at its option, seek the
appropriation of additional funds through a written modification of this Agreement.
IV. City's Request for Records, Right to Review and Audit
A. County shall furnish to City a copy of the record drawings and specifications in connection with
the County Segment including the Dual Boxes after its receipt of a written request from City.
However, County has no obligation to furnish said record drawings and specifications to City so
long as any money is owed by City to County under this Agreement.
B. City and its authorized representatives have the right to review and audit all books, records,
vouchers and documents of whatever nature related to County's performance under this
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Agreement during the period of performance of the Agreement and for three (3) years thereafter,
or for so long as there exists any dispute or litigation arising from this Agreement. City is
responsible for the cost of the duplication.
V. Termination
The Parties may terminate this agreement at any time by mutual consent.
VI. Assignment
A. Upon completion of the construction of the County Segment, including the Dual Boxes, the City
will be assigned any rights that County may have against the contractor, the design engineer, and
the surety on the contractor's performance bond, which relate to the County Segment including the
Dual Boxes.
B. Neither the County nor City shall assign, sublet, or transfer its interest in this Agreement without
the prior written consent of the other Party hereto, which will not be unreasonably withheld.
VII. 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 personally delivered to the address below, or 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 District at the following addresses
City: City of Baytown
2401 Market Street
Baytown, Texas 77520-0424
Attention: City Manager
County: Harris County Engineering Department
1001 Preston Avenue, 7th Floor
Houston, Texas 77002-1893
Attention: Interagency Agreement Coordinator
Email: bill.nobles@hcpid.org
Any Notice given hereunder is deemed given upon hand delivery or three (3) days after the date of
deposit in the United States Mail.
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.
VIII. Liability of the Parties
To the extent allowed by law, each Party shall be responsible for all claims and liability due to the
activities of the Party's employees, officials, agent or subcontractors arising out of or under this
Agreement and which result from any act, error, or omission, intentional tort, intellectual property
infringement, or failure to pay a vendor, committed by the Party or its employees, officials, agents,
consultants under contract, or any other.entity over which it exercises control.
3
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IX. Miscellaneous
A. Independent Parties. It is expressly understood and agreed by the Parties that nothing contained
in this Agreement shall be construed to constitute or create a joint venture, partnership, 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.
B. No Third Party Beneficiaries. The County is not obligated or liable to any party other than 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 increase
the rights of any third party, or the duties or responsibilities of County with respect to any third
party-
C.
ly
C. Waiver of Breach. A waiver by either Party of a breach or violation of any provision of the
Agreement shall not be deemed or construed to be a waiver of any subsequent breach.
D. 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
either Party.
(2) The Parties agree that no provision of this Agreement extends the either Party'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 either Party 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.
E. 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.
F. 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.
G. Contract Construction. 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. The headings in
this Agreement are for convenience or reference only and shall not control or affect the meaning
or construction of this Agreement. When terms are used in the singular or plural, the meaning
shall apply to both. When either the male or female gender is used, the meaning shall apply to
both.
4
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H. 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.
I. Recitals. The recitals set forth in this Agreement are, by this reference, incorporated into and
deemed a part of this Agreement.
J. 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.
K. 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.
L. 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 including, but not limited to the
indemnification provision, shall survive such expiration or earlier termination. If an ambiguity
exists as to survival, the provision shall be deemed to survive.
M. 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.
N. 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 TO FOLLOW]
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HARRIS COUNTY
By:
Ed Emmett
County Judge
APPROVED AS TO FORM:
VINCE RYAN
County Attorney
By:
Pegi S. Block
Assistant County Attorney
CAO File No.: 17GEN1446
CITY OF BAYTOWN
LIM
Richard L. Davis
City Manager
ATTEST
Leticia Brysch
City Clerk
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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 City of Houston, Texas, on ,
with all members present except
A quorum was present. Among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN
HARRIS COUNTY AND CITY OF BAYTOWN IN CONNECTION WITH A PROJECT TO
WIDEN JOHN MARTIN ROAD FROM IH -10 TO THE FUTURE INTERSECTION OF HUNT
ROAD, INCLUDING A TRANSITION BACK TO THE EXISTING 2 -LANE ASPHALT ROAD
SOUTH OF THE FUTURE INTERSECTION OF HUNT ROAD, INCLUDING THE
INSTALLATION OF DUAL 6 FOOT x 6 FOOT CONCRETE BOX CULVERTS WITH BRICK
PLUGS AT THE ENDS LOCATED APPROXIMATELY AT PLAN STATION 47+00 IN HARRIS
COUNTY PRECINCT 2.
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 Ed Emmett
❑
❑ ❑
Comm. Rodney Ellis
❑
❑ ❑
Comm. Jack Morman
❑
❑ ❑
Comm. Steve Radack
❑
❑ ❑
Comm. R. Jack Cagle
❑
❑ ❑
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:
The Harris County Judge is authorized to execute on behalf of Harris County the attached
Interlocal Agreement between Harris County and City of Baytown in connection with a project to
widen John Martin Road from IH -10 to the future intersection of Hunt Road, including a transition
back to the existing 2 -lane asphalt road south of the future intersection of Hunt Road, including
the installation of dual 6 foot x 6 foot concrete box culverts with brick plugs at the ends located
approximately at plan station 47+00 in Harris County 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.
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