Ordinance No. 6,148920213 -2
ORDINANCE NO. 6148
• AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
HARRIS COUNTY FOR THE RELOCATION OF UTILITIES FOR THE
EAST CEDAR BAYOU /LYNCHBURG BRIDGE REPLACEMENT PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF
SEVENTEEN THOUSAND ONE HUNDRED THREE AND 45/100
($17,103.45) DOLLARS; 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 and City Clerk of
the City of Baytown to execute and attest to a contract with
Harris County for the East Cedar Bayou /Lynchburg bridge
replacement project. A copy of said agreement is attached
hereto, marked Exhibit "A," and made a part hereof for all
intents and purposes.
Section 2: That the City Council of the City of Baytown
authorizes payment of the sum of SEVENTEEN THOUSAND ONE HUNDRED
THREE AND 45/100 ($17,103.45) DOLLARS, pursuant to the Agreement.
Section 3: 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 13th day of
February, 1992.
T O. %U.TTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
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• CIO RAMIREZ, S City Attorney
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A G R E E M E N T
THE STATE OF TEXAS
COUNTY OF HARRIS
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This Agreement, made and entered into by and between Harris
County, a body corporate and politic under the laws of the State of
Texas, hereinafter called the "County," and the City of Baytown, a
municipal corporation created under the laws of the State of Texas,
hereinafter called the "City ",
W I T N E S S E T H:
WHEREAS, the County desires to take competitive bids for the
reconstruction of the East Lynchburg - Cedar Bayou Road bridge over
Harris County Flood Control District Unit Q112- 02 -02, from station
32 +00 to station 35 +00, hereinafter sometimes called "County's
improvements "; and
WHEREAS, the City owns and operates various facilities within
the right -of -way of East Lynchburg- CedarBayou Road, hereinafter
called "City's facilities ", which will conflict with the County's
improvements; and
WHEREAS, the City has requested the County to include, at the
City's expense, the relocation of the City's facilities as a
separate bid item in the County's contract for the construction of
the County's improvements; and
WHEREAS, the County is willing to include the relocation of the
City's facilities as a separate bid item in the County's contract
for the construction of the County's improvements; and
WHEREAS, the County has prepared plans and specifications for
the construction of the-County's improvements and the relocation of
the City's facilities, which have been approved by the City;
NOW, THEREFORE, the County and the City, in consideration of
the mutual covenants and agreements herein contained, do mutually
agree as follows:
EMIT A
I
After the County advertises for bids for both the construction
of the County's improvements and the relocation of the City's
facilities in accordance with the plans and specifications therefor,
in which bidders are instructed to submit separate bid items for the
cost of the relocation of the City's facilities and the construction
of the County's improvements, the County will receive and tabulate
said bids. After receipt and tabulation of the bids for the
construction of the County's improvements and the relocation of the
City's facilities, the County will determine the lowest and best bid
for both the construction of the County's improvements and for the
relocation of the City's facilities. The County Commissioners
Courts' determination of the lowest and best bidder shall be final
and conclusive. The County may reject all bids and readvertise for
bids. The County will notify the City of the amount of the lowest
and best bid for the relocation of the City's facilities.
II
Within forty -five (45) calendar days after receipt of said
notification as to the lowest and best bid for the relocation of the
City's facilities, the City will transmit to the County a warrant or
check made payable to Harris County in the amount designated in the
lowest and best bid for the relocation of the City's facilities.
III
Within sixty (60) days after receipt of said funds from the
City pursuant to Paragraph II above, the County shall let the
contract for the construction of the County's improvements and for
the relocation of the City's facilities. The County shall supervise
the construction of the County's improvements and the relocation of
the City's facilities in a manner similar to that of other County
construction projects. The County Engineer may make minor changes
in the plans and specifications which he deems necessary or
desirable during the construction of the County's improvements and
relocation of the City's facilities.
IV
The County may terminate this Agreement, with or without cause,
any time prior to the letting of the contract for construction of
the County's improvements and the relocation of the City's
facilities, by written notice to City, and the County shall have no
obligation hereunder other than to return to City the funds paid to
County, if any, by City pursuant to Paragraph II above. In the
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• event County elects to terminate this Agreement pursuant to this
Paragraph, any interest earned on said funds paid to County by City
pursuant to Paragraph II above shall become the sole property of the
City.
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V
In the event the lowest and best bidder fails or refuses to
construct the said County's improvements or the relocation of the
City's facilities, or for any reason whatsoever said construction of
the County's improvements or relocation of the City's facilities is
not completed, the County's. sole and exclusive obligation to City
shall be to refund to City that portion of the funds paid by City
pursuant to this - Agreement which have not been expended for the
relocation of the City's facilities.
VI
The estimated cost of the relocation of the City's facilities
is $28,455.00, which includes $5,000.00 for engineering services,
and the estimated cost of the County's improvements is $150,870.00.
Each party hereto represents that it has funds currently available
in said amounts for the purpose of meeting its' obligations
hereunder.
VII
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.
VIII
All notices and communications under this Agreement shall be
mailed by certified mail, return receipt requested, or delivered to
the City at the following address:
The City of Baytown
2401 Market Street
Baytown, Texas 77520
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All notices and communications under this Agreement shall be mailed
by certified mail, return receipt requested, or delivered to the
County at the following address:
Harris County
1001 Preston Avenue, 7th Floor
Houston, Texas 77002 -1893
Attention: Mr. Terry A. Anderson, County Engineer
Any notice given hereunder .shall be deemed given upon deposit of
such in the United States Mail.
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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 affect excepting a subsequent modification in
writing, signed by all parties hereto.
IN TESTIMONY OF WHICH, this Agreement, in duplicate originals,
each having equal force has been executed on behalf of the parties
hereto as follows, to wit;
a. It has on the day of 11 1992,,
been executed by the County Judge of Harris County,
on behalf of the County pursuant to an Order of the
Commissioners Court of the County so authorizing.
b. It has on the day of , 1992,
been executed by the Mayor of the City of Baytown,
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• and attested to by the Secretary of said City,
pursuant to an ordinance of the City Council of said
City so authorizing.
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APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
HARRIS COUNTY
By �-��, , By
WILLIAM R. BRYCERE JON LINDSAY, County Judge
Senior Assistant County Attorney
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
CITY ATTORNEY
By
Assistant City Attorney
CITY OF BAYTOWN
By
EMMETT HUTTO, Mayor
COUNTERSIGNED:
KEN MITCHELL, Finance Director
I hereby certify that funds of Harris County are available in
the amount of $150,870.00 to pay Harris County's obligation under
the foregoing Agreement.
TOMMY J. TOMPKINS, County Auditor
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ORDER AUTHORIZING EXECUTION OF E
BETWEEN HARRIS COUNTY AND THE !QITX OF BAYTOWN
THE STATE OF TEXAS §
COUNTY OF HARRIS §
On this the day of , 1992 the
Commissioners Court, sitting.as the governing body of Harris County,
Texas, at a regular meeting, upon motion of Commissioner
, seconded by Commissioner duly
put and carried,
IT IS ORDERED that County Judge Jon Lindsay be, and he is
hereby, authorized to execute for and on behalf of Harris County, an
Agreement between Harris County and The City of Baytown in
connection with the construction of the East Lynchburg - Cedar Bayou
Road Bridge over Harris County Flood Control District Unit Q112 -02-
02, said Agreement being incorporated herein by reference for all
purposes as though fully set forth herein word for word.
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