Ordinance No. 7,884970123 -2
ORDINANCE N0. 7884
• AN ORDINANCE AMENDING THE AGREEMENT BETWEEN THE CITY OF
BAYTOWN AND HARRIS COUNTY FOR THE RECONSTRUCTION OF
SECTIONS OF BAYWAY DRIVE, PARK STREET AND PRUETT STREET IN
THE .AMOUNT OF. SEVEN HUNDRED. SIXTEEN. THOUSAND NINE
HUNDRED THIRTY -NINE AND NO /100 DOLLARS ($716,939.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown and Harris County did enter _into an agreement on
December 12, 1995 (Agreement ") regarding the funding of reconstruction of sections of Bayway
Drive, Park Street and Pruett Street in the amount of $570,000.00; and
WHEREAS, the City Council of the City of Baytown, Texas, wishes to change the scope of
the work to include replacement of water and sewer laterals under the above - mentioned streets. Such
change has increased the City's cost share of the project to $716,939.00;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown hereby amends the Agreement
with Harris County for reconstruction of sections of Bayway Drive, Park Street and Pruett Street in
the amount of SEVEN HUNDRED SIXTEEN THOUSAND NINE HUNDRED THIRTY -NINE
AND NO /100 DOLLARS ($716,939.00). A copy of said Amendment is attached hereto as 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 23rd day of January, 1997.
PETE C. ALFAR , Mayor
ATTEST:
EILEEN P. HA L, City Clerk
APPROVED AS TO FORM:
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dG'KACIO RAMIREZ, SR. 'ty Attorney
c:\council\mectings\january\langford.23
AMENDMENT NO. 1 TO AGREEMENT
THE STATE OF TEXAS §
COUNTY -OF HARRIS §
This Amendment No. I to Agreement is 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."
RECITALS
On or about December 12, 1995, the County and City entered into an agreement regarding
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, hereinafter called the "Agreement."
The Agreement provided that the City would pay all costs of design and construction in
regard to repair and/or replacement of water and sewer facilities and that the County would not
expend any of its funds for such facilities, but limited the City's maximum monetary obligation to
$570,000.
The City now desires that water and sewer replacement to be included within the
construction contract include replacement of lateral water and sewer lines, requiring expenditures in
excess of $570,000 for repair and replacement of water and sewer facilities.
An amendment is necessary to provide for payment of such increased costs.
TERMS
The County and the City agree as follows:
Section I of the Agreement, reading:
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 amended to read:
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 thirty
(30) days after execution of Amendment No. 1 to this agreement, City shall deliver
to the County an additional check payable to the County in the amount of $639.00.
Within one year after deliveEy of both checks, 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.
2. Section III of the Agreement, reading:
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 County 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.
is amended to read:
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 County 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
$50,639.00 previously delivered pursuant to Section I.
3. Section X of the Agreement, reading:
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 provisions 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 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.
Is amended to read:
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 $716,939 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,
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 , 1997, 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 , 1997, 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:
MICHAEL P. FLEMING
County Attorney
B y ! C
DON C. WHITLEY
Assistant County Attorney
ATTEST
City Secretary
HARRIS COUNTY
By
ROBERT ECKELS, County Judge
CITY OF BAYTOWN
IM
Mayor