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Ordinance No. 7,570951128-8 ORDINANCE NO. 7570 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH HARRIS COUNTY FOR ENGINEERING AND RECONSTRUCTING SECTIONS OF BAYWAY DRIVE, PARK STREET, AND PRUETT STREET; 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 an agreement with Harris County for engineering and reconstructing sections of Bayway Drive; Park Street, and Pruett Street. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: 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 28th day of November, 1995. A& e. PETE C. ALF O, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, S City Attorney • legal/ council/ novembed I1- 28- 95authAGREEroadREPA1R • A G R E E M E N T THE STATE OF TEXAS § COUNTY OF HARRIS § cAklprupark 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 reconstruct North Pruett Street (County Road Log No. 20506 -1) from Lobit Street to Schilling Street, Park Street (County Road Log No. 2150 -9) from North Pruett Street to North Main Street and Bayway Drive (County Road Log No. 20435 -4) from Baker Road to Decker Drive as asphalt roadways with any necessary base repairs, level -up and overlays, repair or replacement of utilities and any necessary appurtenances, hereinafter called the "Project "; and WHEREAS, the County is authorized by TEX. TRANSP. CODE §251'.012 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 City is willing to pay all costs of design and construction in regard to repair and /or replacement of water and sewer facilities, provided that County will undertake to have the Project 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 thirty (30) days after execution of this Agreement, City shall deliver to the County its check payable to the County in the amount of $50,000.00. within one year after delivery of such check, the County shall cause to be prepared, drawings and specifications in accordance with the usual requirements of County, and will submit the same to the City for written approval of the head of the City's Public • Works Department. EXHIBIT A • is II. Within sixty (60) days after the approval described in Paragraph I, County 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 County projects. III. Upon receipt and tabulation of the bids for the Project and determination of the lowest and best bid, the County Engineer will determine, based upon such lowest and best' bid, the anticipated construction cost of repair and /or replacement of water and sewer facilities and the estimated amount of engineering and other costs attributable to such repair and /or replacement of water and sewer facilities and notify the City of such amounts. Within thirty (30) days after receipt by City of such notification, City shall transmit to the County a check made payable to the City in an amount equal to the anticipated costs attributable to repair and /or replacement of water and sewer facilities as determined by the County Engineer, plus 10% for contingencies, less the $50,000 previously delivered pursuant to Section I. IV. Within thirty (30) days after the receipt of the funds from the City pursuant to Paragraph III above, the County shall award the contract to the lowest and best bidder in accordance with the usual and customary procedures of the County. 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 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 County shall be responsible for administering the construction contract. During the construction of the Project, 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, City shall give notice by telephone to the 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. 2 • VI. The funds forwarded- by-the County under Section,I and III will not be used by the County for any purpose other than paying for costs in connection with the repair and /or replacement of water and sewer facilities as part of the Project and the design thereof. The County shall establish a separate account or system of accounting for the such contribution. Further, the County 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 County 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 County shall perform, or cause to be performed, a final accounting. within sixty {60} days after completion of the Project, the County Engineer shall determine and notify the City of all costs attributable to design and implementation of repair and /or replacement of water and sewer facilities as part of the Project and the amount of interest earnings hereunder. The County shall deliver to the City a check payable to the City in an amount equal to the amount of such interest earnings plus the amount, if any, by which the amount of City's contributions under Sections I and III hereof exceeds such costs attributable to the design and implementation of repair and /or replacement of water and sewer facilities. If the amount of the City's contributions under Sections I and III hereof was less than the costs attributable to the design and implementation of repair and /or replacement of water and sewer facilities hereunder, within sixty (60) days after receipt of notice of said deficiency, the City shall deliver to the County a check in an amount equal to such deficiency. VII. The County acknowledges and agrees that City's sole obligation under this Agreement is to contribute funding for the costs of the Project to the extent stated in this Agreement. City 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. VIII. The County may make such changes and amendments to the drawings and specifications within the general scope of the approved Project as the County deems necessary or desirable during construction of the Project so long as the original scope and intent of the Project is unchanged. 3 0 IX. 1.1 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 be responsible for the amount theretofore expended in regard to design of repair and /or replacement of water and sewer facilities. Upon termination, the County Engineer shall determine the amount expended or incurred by the County in regard to design of repair and /or replacement of water and sewer facilities, and the County shall promptly refund to the City any funds previously forwarded'by the City in excess of such costs together with any interest earned pursuant to Section VI. In addition, the County shall deliver to the City, promptly upon receipt from the County's consultant engineer after such early termination, copies of all complete or partially complete drawings of the Project, which the City might use, provided such use is at the City's sole risk. X. All obligations of the County and the City hereunder are subject to the funding limitations as set forth in this Section X notwithstanding any other provision which might be interpreted to the contrary. It is expressly understood and agreed that County has available the maximum sum of $2,202,000 to satisfy its obligations under this Agreement and the County shall not be obligated to expend more than the maximum sum. It is further understood that the City has available the maximum sum of $570,000 to satisfy its obligations under this Agreement and the City shall not be obligated to expend more than the maximum sum. County shall not be obligated to expend any funds in regard to the repair and /or replacement of water and sewer facilities except to the extent that such have been forwarded to the County by the City. XI. The City or 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. 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. IV 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 on behalf of the parties hereto as follows, to -wit: a. It has on the day of , 1995, 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 , 1995, 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: MIKE DRISCOLL County Attorney By D � aC✓ DON C. WHITLEY Assistant County Attorney ATTEST BY HARRIS COUNTY By ROBERT ECKELS, County Judge CITY OF BAYTOWN mm City Secretary Mayor AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $2,202,000 to accomplish and pay the obligations of Harris County under this Agreement. Tommy J. Tompkins, County Auditor 0 5 ORDER AUTHORIZING EXECUTION OF AGREEMENT BY AND BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FOR JOINT FUNDING OF THE RECONSTRUCTION OF TWO STREETS IN THE CITY OF BAYTOWN THE STATE OF TEXAS § COUNTY OF HARRIS § On this the day of , 1995, the Commissioners Court of Harris County, Texas, sitting as the governing body of Harris County, upon motion of Commissioner , seconded by Commissioner , duly put and carried, IT IS ORDERED that County Judge Robert Eckels 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 North Pruett Street (County Road Log No. 20506 -1) from Lobit Street to Schilling Street, Park Street (County Road Log No. 2150 -9) from North Pruett Street to North Main Street and Bayway Drive (County Road Log No. 20435 -4) from Baker Road to Decker Drive as asphalt roadways with any necessary base repairs, level -up and overlays, repair or replacement of utilities and any necessary appurtenances, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. 41 . 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