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Ordinance No. 10,292ORDINANCE AN ORDINANCE OF THE CITY COUNCIL 0 AUTHORIZING AN INTERLOCAL AGREEME FUNDING OF A PORTION OF THE RACC AUTHORIZING PAYMENT BY THE CITY OF EXCEED THREE MILLION TWO HUNDRED I DOLLARS ($3,246,000.00); MAKING OTHEF AND PROVIDING FOR THE EFFECTIVE DA' 10,292 'THE CITY OF BAYTOWN, TEXAS, 4T WITH HARRIS COUNTY FOR THE )ON ROAD ROADWAY PROJECT; 3AYTOWN IN AN AMOUNT NOT TO DRTY -SIX THOUSAND AND NO / 100 PROVISIONS RELATED THERETO E THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the Ci ' of Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to attest to an intert cal agreement with Harris County for the funding of a portion of the Raccoon Road Roadway Project. A c py of said agreement is attached hereto, marked Exhibit "A" and made a part hereof for all intents and pu oses. Section 2: That the City Council of the City fBaytown authorizes payment to Harris County, in an amount not to exceed THREE MILLION TWO HU DRED FORTY -SIX THOUSAND AND NO/] 00 DOLLARS ($3,246,000.00) in accordance with the agree ent authorized in Section I hereof. Section 3: That in addition to the amount s' ecified in Section 2 hereof, the City Manager is hereby granted general authority to approve a decrease or an increase in costs by TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) 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 Council of the City of Baytown. INTRODUCED, READ and PASSED by the Baytown this the 23d day of March, 2006. APPROVED AS TO FORM: erff\'ACIO RAMIREZ, SR., City 16orney 0 RAKarenkFileskCity CounciROrdinanceA2006Warch 2 iately from and after its passage by the City vote of the City Council of the City of LVIN MUNDINGER, Mayor koadOrdinance.doc • AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § k. baytownra000ndr This Agreement is 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 corporate and politic under the laws of the State of Texas, hereinafter called 'City". RECITALS: 1. It 'is to the mutual benefit of County and City to construct Racoon Drive (County Road Log No. 0268901), a street within the corporate limits of the City, from Lynchburg Cedar Bayou to Massey Tompkins Road as a 2 -lane concrete section with a continuous turn lane (third lane), curb and gutter, storm sewer, and related appurtenances, hereinafter called the "Project." 2. The Project will include construction, relocations and/or improvements involving new sidewalks, water and sewer utilities, hereinafter sometimes called the "City Improvements." That part of the Project other than the City Improvements shall sometimes be called the "Road." 3. All costs attributable to the cost of the Road, including costs of right -of -way, engineering, construction and construction support services will sometimes be called the "Road Costs." 50% of the Road Costs will sometimes be called the "City Road Costs." The Road Costs other than'the City Road Costs will sometimes be called the County Road Costs. All costs attributable to the cost of the City Improvements, including costs of additional right -of -way, engineering, construction and construction support services will sometimes be called the "City Improvement Costs." The City is willing to contribute the City Road Costs and the City Improvement Costs, subject to the limitations set forth in this Agreement, provided that County will contribute the County Road Costs and administer the design and construction of the Project, subject to the limitations set forth in this Agreement, 4. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: TERMS: 1. Within ninety (90) days after execution of this Agreement, the County shall endeavor to prepare, or cause to be prepared, drawings and specifications for the Project and submit copies of • same to the City for written approval by the Mayor of the City, or his designee. 2. The County shall undertake to acquire all right -of -way necessary for the Project by purchase, gift, donation or exercise of the power of eminent domain. If such right -of -way or EIIBIT A ik, baytomramondr necessary right -of -entry has not been acquired within one year after execution of this Agreement, the City's sole remedy shall be to terminate this Agreement as provided below. 3. Within sixty (60) days of acquisition by the County of all right -of -way or entry rights necessary for the Project and approval of drawings and specifications for the Project in accordance with Section 1, the 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 County projects. , 4. Upon receipt and tabulation of the bids for the Project, County will determine the lowest responsible bidder for the construction of the Project. The County Engineer shall then estimate the projected County Road Costs, City Road Costs and the City Improvement Costs. 5. In the event the estimated County Road Costs are equal to or less than the sum of $ 2,639,000.00 and the estimated combined City Road Costs and City Improvement Costs are equal to or less than $3,246,000.00, the County Engineer shall notify the City of the estimated City Road Costs and estimated City Improvement Costs. The City will transmit to the County within thirty (30) days of such notification, its check made payable to Harris County in an amount equal to the estimated City Road Costs and City Improvement Costs: If the estimated County Road Costs are equal to or less than the sum of $2,639,000.00 and the estimated combined City Road Costs and City improvement Costs are greater than $3,246,000.00, the City may transmit to the County within thirty (30) days of such notification, its check made payable to Harris County in an amount equal to the estimated City Road Costs and City Improvement Costs,. 6. In the event the estimated County Road Costs are greater than the. sum of $2,639,000.00 or if the City does not. exercise its option to send an amount_ greater than $3,246,000.00 provided for in Section 5, County shall have the following options: a. County may elect to attempt to pay the additional Road Costs. In such case, the County shall notify the City of its choice, and the City will transmit to the County within thirty (30) days_ of such notification, its check made payable to Harris County in an amount equal to $3,246,000.00. b. County may reject all bids and elect not to proceed with the letting of the contract and terminate this agreement as provided below. C. County may reject all bids and re- advertise for bids for construction of the Project in accordance with the approved drawings and specifications in the same manner as before and under the same conditions. d. Attempt to negotiate an amendment to this Agreement to provide for payment of the additional costs, and if such an amendment is obtained, proceed under its terms. If the parties fail to agree to an amendment to this Agreement, then and in that event the County may proceed under one of the other three options. • k. baytownrawondr 7. Within thirty (30) days after the receipt of funds from the City pursuant to Section 5 or 6 above, the County shall award the contract to the responsible bidder who submits the lowest and best bid, in accordance with the usual and customary procedures of the County, subject to certification of the availability of funds for the Project by the County Auditor. 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 pursuant to the same understanding with regard to rejection of bids or terminate this agreement as hereinafter provided. The County's determination of the responsible bidder who submits the lowest and best bid for the Project shall be final and conclusive. 8. The County shall be responsible for administering the construction contract. During the construction of the Project, the 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, each shall give notice by telephone to the Harris 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 9. Payments by the City to County hereunder shall not be used by the County for any purpose other than paying Road Costs and City Improvements Costs. Each cost or expense included within City Improvements Costs shall be paid entirely from funds paid by the City. 10. The County shall cause the funds paid by the City to County hereunder that 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. The determination by County of the portion of said funds needed to meet such obligations shall be conclusive. Upon completion of construction of the Project, the County shall perform or cause to be performed, a final accounting. If the amounts paid by the City to the County hereunder, including interest earnings thereon, exceeds an amount equal to the actual City Improvements Costs and the actual City Road Costs, the County shall promptly pay over the amount of such excess to the City. If the amounts paid by the City to the County hereunder, including interest earnings thereon, are less than an amount equal to the actual City Improvements Costs and the actual City Road Costs, the City shall promptly pay over the amount of such deficiency to the County, subject to the funding limitations in Section 14. 11. The County acknowledges and agrees that the City's sole obligation under this Agreement during the construction of the Project is to contribute funding for the costs of the Project to the extent stated in this Agreement, and the City has not assumed any responsibility for the actual construction of the Project or the performance of the work other than the contribution of funds as provided herein. The City shall not be responsible for the maintenance or condition of the Project facilities during construction of the Project. 12. The County may make such changes and amendments to the drawings and specifications is within the general scope of the approved Project as the County Engineer deems necessary or desirable during construction of the Project. 13. Either the County or the City 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 ® k. baytownracoondr party. After termination, neither party shall have any further obligations hereunder, except as follows: County shall return to the City any funds which the City has paid to the County hereunder less the City Improvements Costs and City Road Costs incurred prior to such termination, together with the interest earned on such funds; or, if the City has not yet paid any funds to the County hereunder, the County shall notify the City of the amount of City Improvements Costs and the amount of City Road Costs incurred prior to such termination, and the City shall deliver its check to the County in an amount equal to the sum of the City Improvements Costs and City Road Costs incurred prior to termination within thirty days after notice of same. After termination of this Agreement, the County may continue, at its option, with conAruction of the Road. 14. It is expressly understood and agreed that the City has available the maximum sum of $3,246,000.00 to satisfy its obligations under this Agreement; and that the County has available the maximum sum of $2,639,000.00 to satisfy its obligations under this Agreement; and neither party hereto shall be obligated to expend more than the said maximum sum available tb the party, although each party, at its sole option, may provide additional funding. 15. The City and 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. 16. 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. 17. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed herembelow or at such other address as the other party may have theretofore prescribed by notice to the sending party. Address for notice shall be as follows: CITY City of Baytown 2401 Market Street Baytown, Texas 77522 -0424 r1 L_J County: Hams County Harris County Administration Building 1001 Preston, 7`h Floor Houston, Texas 77002 Attn.: County Engineer k. baytownramondr 18. 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, approved by the governing bodies and 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 , 2006, 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 , 2006, been executed on behalf of the City by the Mayor and attested by its City Secretary, pursuant to ordinance of the City Council of the City of Baytown authorizing such execution. APPROVED AS TO FORM: MICHAEL A. STAFFORD County Attorney By—> DON C. WHITLEY Assistant County Attorney ATTEST i BY City secretary HARRIS COUNTY :J ROBERT ECKELS, County Judge CITY OF BAYTOWN LM Mayor ® k. baytownracoondr AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $2,639,000.00 to accomplish and pay the obligations of Harris County herein. Barbara J. Schott, County Auditor • • k. baytownracoondr THE STATE OF TEXAS § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of , 200 , with the following members present, to -wit: Robert Eckels County Judge El Franco Lee Commissioner, Precinct No. 1 Sylvia R. Garcia Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 Jerry Eversole Commissioner, Precinct No. 4 and the following members absent, to -wit: a quorum, when among other business, the following was transacted: constituting ORDER AUTHORIZING /APPROVING AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN, FOR JOINT FUNDING OF THE CONSTRUCTION OF RACOON DRIVE FROM LYNCHBURG CEDAR BAYOU TO MASSEY TOMPKINS ROAD Commissioner introduced an order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Judge Eckels Comm. Lee Comm. Garcia Comm. Radack Comm. Eversole Yes No Abstain ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and law -fully adopted. The order thus adopted follows: IT IS ORDERED that the County Judge is 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 construction of Racoon Drive (County Road Log No. 0268901), a street within the corporate limits of the City, from Lynchburg Cedar Bayou to Massey Tompkins Road, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word.