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Ordinance No. 6,715930812-1 ORDINANCE NO. 671.5 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO • EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERAGENCY AGREEMENT WITH HARRIS COUNTY FOR STREET CONSTRUCTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 0 BE IT ORDAINED BY THr 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 an Interagency Agreement with Harris County for street construction. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: from and after Baytown. INTRODUCED, City Council August, 1993. This ordinance shall take effect immediately its passage by the City Council of the City of READ and PASSED by the affirmative vote of the of the City of Baytown, this the 12th day of PETE C. AL ARO, Mayor ATTEST: E LEEK . HALL, C ty Clerk ALIOMhRrEZ,"S8ity Attorney .0 rs-i2-93gm- RMa" E AGREEMR_NT THE STATE OF TEXAS S S COUNTY OF HARRIS S c:\k\44006 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 "County," and the City of Baytown, a body city under the laws of the State of Texas, hereinafter called "City"; W I T N E S S E T H: WHEREAS, it is to the mutual benefit of County and City to accomplish the following, hereinafter called the "Project": 1) Reconstructing the existing base and providing 1 1/2" asphalt overlay for Sterling Street from S. H. 146 to Decker Drive; 2) Reconstructing the existing base and providing 1 1/2" asphalt overlay for DeFee Street from S.H. 146 to Decker Street; 3) Reconstructing the existing base and providing 1 1/2" asphalt overlay for McKinney Street from Spur 201 to Massey Tompkins; 4) Reconstructing, as required, approximately 20% of the base and providing 1 1/211 asphalt overlay for Martin Luther King Street from Market Street to Gentry Street; and 5) Reconstructing Decker Drive from Garth Road to Texas Avenue by the removal and replacement of concrete pavement sections, as required, and providing 1 1/2" asphalt overlay; WHEREAS, the County is authorized by TEX. REV. CIV. STAT. ANN. art. 6702-1, 52.010 (Vernon Supp. 1993) to expend County funds for the construction, improvement, maintenance or repair of a street located in the County within the limits of an incorporated city with the approval of the governing body of said city, and execution of this Agreement by the City evidences such approval; and WHEREAS, the County is willing to contribute up to $245,000.00 toward 50% of the construction costs, excluding costs of engineering • and engineering support services, of the Project, provided that City EXHIBIT A • will undertake to have same designed and constructed and contribute the balance of the cost of 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: I. Within 60 days of the execution of this Agreement the City shall prepare or cause to be prepared, drawings and specifications in accordance with the usual requirements of City, and will submit the same to the Harris County Engineer for written approval. Harris County shall have no responsibility to share in the costs of engineering and engineering support services for the Project. II. Within sixty (60) days after the approval described in Paragraph I, City will advertise for and receive bids for the construction of the Project in accordance with the approved drawings and specifications in the manner similar to that of other like or similar City projects. III. Upon receipt and tabulation of the bids for the Project, City will determine the lowest and best bid for the construction of the Project. The City shall notify the County of the amount of said bid. Within thirty (30) days after receipt by County of such notification, County will transmit to the City a warrant or check made payable to the City in an amount equal to the lesser of the following two amounts: (a) 50% of said bid, or (b) $245,000.00. IV. Within thirty (30) days after the receipt of the funds from the County pursuant to Paragraph III above, the City shall award the contract to the lowest and best bidder in accordance with the usual and customary procedures of the City. It is expressly agreed and understood that the City reserves the right to reject all bids. In such event, the City, in its discretion, may either re -advertise for bids as in the first instance, pursuant to the same understanding with regard to rejection of bids, or terminate this agreement as hereinafter provided. V. The City shall be responsible for administering the construction icontract. During the construction of the Project, County shall have the right of access to the construction site and shall have the right 2 • to review all documents, maps, plats, records, photographs, reports or drawings affecting said construction, provided, however, County shall give notice by telephone to the City Public Works Department prior to any inspection of either the site or documents and provided further that in conducting said inspections, County shall not interfere with the work in progress. VI. The funds forwarded by the County under Paragraph III will not be used by the City for any purpose other than paying for County's share of the costs of the Project. The City may use such funds to pay up to 50% of each payment to the contractor or contractors for construction of the Project until the entire contribution has been so expended. The City shall establish a separate account or system of accounting for the such contribution. Further, the City shall cause such portions of contribution which are not needed to meet obligations due or contemplated to be due within sixty (60) days to be invested in the same manner as similar funds are invested by the City in federal obligations or interest-bearing time deposits. Any earnings on the contributions shall be retained in the account or system until the completion of the construction of the Project, at which time the City shall perform, or cause to be performed, a final accounting. Within sixty (60) days after completion of the Project, the City shall determine and notify the County of the construction costs (which shall not include costs of engineering or engineering support services) and the amount of interest earnings hereunder, and shall deliver to the County a warrant or check payable to the County in an amount equal to the amount of such interest earnings plus the amount, if any, by which the amount of County's contribution under Paragraph III hereof exceeds 50% of the construction costs of the project. If the amount of the County's contribution under Paragraph III hereof was less $245,000.00 and is also less than 50% of the construction cost of the Project, within sixty (60) days after receipt of notice of said deficiency, the County shall deliver to the City a warrant or check in an amount equal the difference between the County's contribution under Paragraph III hereof and the lesser of the following two amounts (a) 50% of the construction cost of the Project, or (b) $245,000.00. VII. The City acknowledges and agrees that County's sole obligation under this Agreement is to contribute funding for the costs of the Project to the extent stated in this Agreement. County has assumed no responsibility for the actual construction of the Project or the performance of the work other than the contribution of funds as provided herein. It is further acknowledged and agreed by the parties that County shall not be responsible for the maintenance or condition of the Project facilities during construction. VIII. The City may make such changes and amendments to the drawings and specifications within the general scope of the approved Project as the City deems necessary or desirable during construction of the Project so long as the original scope and intent of the Project is unchanged. IN. Either party may terminate this Agreement, without cause, at any time prior to the letting of the Contract for construction of the Project, by written notice to the other party, and neither shall have any further obligation hereunder, except that the City shall promptly return to County the unexpended funds, if any, paid hereunder by County to City together with any earnings received thereon pursuant to Section VI. X. It is expressly understood and agreed that County has available the maximum sum of $245,000.00 to satisfy its obligations under this Agreement and the County shall not be obligated to expend more than the maximum sum. XI. The County or its authorized representatives shall have the right to review and audit all books, records, vouchers and documents of whatever nature related to City'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. XII. 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 party hereto. XIII. 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, 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 4 n U on behalf of the parties hereto as follows, to -wit: a. It has on. the day of , 1993, 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 , 1993, been executed on behalf of City by its Mayor attested by its City Secretary, pursuant to an ordinance of its City Council authorizing such execution. APPROVED AS TO FORM: MIRE DRISCOLL County Attorney By -L rti C DON C. WHITLEY Assistant County Attorney ATTEST BY City Secretary HARRIS COUNTY By JON LINDSAY, County Judge CITY OF BAYTOWN By Mayor AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $245,000.00 to accomplish and pay the obligations of Harris County herein. 5 Tommy J. Tompkins, County Auditor ORDER AUTHORIZING EXECUTION OF AGREEMENT BY AND BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FOR JOINT FUNDING OF THE RE = STRUCTION OF FIVE STREETS IN THE CITY OF BAYTONN THE STATE OF TEXAS S S COUNTY OF HARRIS S On this the day of , 1993, the Commissioners Court of Harris County, Texas, sitting as the governing body of Harris County, upon motion of Commissioner , seconded by Commissioner put and carried, , duly 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 by and between Harris County and the City of Baytown, for joint funding of the reconstruction of Sterling Street from S.H. 146 to Decker Drive, DeFee Street from S.H. 146 to Decker Drive, McKinney Road from Spur 201 to Massey Tompkins, Martin Luther King Street from Market Street to Gentry Street, and Decker Drive from Garth Road to Texas Avenue, under fund 1000, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. 111 ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN FOR BOOKMOBILE PROGRAM TO CENTERS WITHIN THE CITY OF BAYTOWN AND CITIZENS IN CERTAIN UNINCORPORATED AREAS IN HARRIS COUNTY THE STATE OF TEXAS S S COUNTY OF HARRIS S On this the day of , 1993, the Commissioners Court of Harris County, being duly convened at a regular meeting of the Court, 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 an Agreement by and between HARRIS COUNTY and THE CITY OF BAYTOWN for providing a bookmobile program to centers within the City of Baytown and citizens in certain unincorporated areas in Harris County, for a period of twelve (12) months, commencing April 1, 1993, upon the terms and conditions as provided for in the Agreement herein referred to and made a part hereof for all purposes as though fully set out herein. •