Ordinance No. 10,820ORDINANCE NO. 10,820
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A SHARED FUNDING AGREEMENT WITH HARRIS COUNTY
AND GULF COAST MANAGEMENT, INC., FOR THE RECONSTRUCTION OF
APPROXIMATELY 1,100 LINEAR FEET OF HUNT ROAD FROM GARTH ROAD
EASTWARD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN
AMOUNT NOT TO EXCEED TWENTY-FOUR THOUSAND AND NO/100
DOLLARS ($24,000.00); 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 the City
Manager to execute and the Interim City Clerk to attest to a Shared Funding Agreement with Harris
County and Gulf Coast Management, Inc., for the reconstruction of approximately 1,100 linear feet of
Hunt Road from Garth Road eastward. A copy of such agreement is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Harris
County in an amount not to exceed TWENTY-FOUR THOUSAND AND NO/100 DOLLARS
($24,000.00), pursuant to the agreement authorized in Section 1 hereof.
Section 3: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of TWENTY-FIVE THOUSAND AND NO/100
DOLLARS ($25,000.00) or less; however, the original contract price may not be increased by more than
twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of
the contractor to such decrease.
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
kheCi INTRODUCED, READ and PASSED by the affirmative vote oipe City Council of the City of
Baytown this the 24"' day of January, 2008.
. DONCARLOS1, Mayor
KNAU/,7nterim Cityj6(erk
APPROVED AS TO FORM:
JACIO RAMIREZ, SR., CifyUttorney
R:\Karen\Files\Cily Council\Ordinances\2008\January 24\SharedCoslAgreementwithllarrisCounly.doc
Exhibit "A"
k. Baytown-jWalker-HuntRoad
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
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", and Gulf Coast Commercial Management, Inc., a Texas corporation, hereinafter called
"Gulf Coast";
RECITALS:
1. It is to the mutual benefit of County, City, and Gulf Coast to reconstruct Hunt Road from
Garth Road to a point approximately 1,100 feet to the East in order for the road to accommodate
heavier traffic by applying new black base, Type D Asphalt and SS 1 Asphalt emulsion, hereinafter
called the "Project."
2. The City and Gulf Coast are willing to contribute toward costs of the Project as set forth in
this Agreement if the County will have Project performed using its forces and material.
3. 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 30 days after execution of this Agreement, the City will deliver to the County a
check in the amount of $24,000.00 payable to the County and Gulf Coast will deliver to the County
a check in the amount of $12,000.00 payable to the County.
2. The County may, but shall not be required to, construct the Project. In such case, during the
construction of the Project, the City and Gulf Coast 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 and Developer shall not
interfere with the work in progress.
3. Should the County fail to complete the Project within 180 days after execution of this
Agreement, the sole remedy of either the City or Gulf Coast shall be to notify the County of its
intention to terminate its further participation in this Agreement if the Project is not completed
within 30 days after receipt of such notice. Should the Project not be completed within 30 days
k. Baytown-jWalker-HuntRoad
after receipt of such notice, the County shall refund the terminating party its contribution under
Section 1 within 90 days after receipt of such notice.
4. Upon completion of the Project, the County Engineer shall determine the reasonable cost
of labor and materials for construction the Project based upon the following agreed rates:
Labor:
Foreman 524.27/hour
Operator: $20.45/hour
Utility $17.25/hour
Materials:
Black Base $39.00/ton
Type D Asphalt $41.00/ton
SSI $ 1.25/gallon
If the amount sent to the County by the City exceeds 40% of the reasonable cost of labor and
materials for construction of the Project as determined by the County Engineer and the County is
not required to refund the City's contribution under Section 3, the County shall refund to the City
an amount equal to the difference between the City's contribution under Section 1 and 20% of the
reasonable cost determined by the County Engineer.
If the amount sent to the County by Gulf Coast exceeds 20% of the reasonable cost of labor and
materials for construction of the Project as determined by the County Engineer and the County is
not required to refund Gulf Coast's contribution under Section 3, the County shall refund to Gulf
Coast an amount equal to the difference between Gulf Coast's contribution under Section 1 and
20% of the reasonable cost determined by the County Engineer.
5. The City, Gulf Coast, and their 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.
6. 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.
7. 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 hereinbelow or at such
other address as the other party may have theretofore prescribed by notice to the sending party.
Addresses for notice shall be as follows:
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CITY
City of Baytown
2401 Market Street
Baytown, Texas 77520-0424
Attention: City Manager
GULF COAST
Gulf Coast Commercial Management, Inc.
3120 Rogerdale Raod, Suite 150
Houston, Texas 77042
Attention: Mr. James Walker
COUNTY:
Harris County
Harris County Administration Building
1001 Preston, 7th Floor
Houston, Texas 77002
Attn.: County Engineer
8. 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 , 2008, 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 , 2008, been executed
on behalf of the City by the Mayor and attested by its Interim City Clerk,
pursuant to ordinance of the City Council of the City of Baytown authorizing
such execution.
c. It has on the day of , 2008, been executed
on behalf of Gulf Coast.by its vice president, James Walker, as attested by its
secretary.
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APPROVED AS TO FORM: HARRIS COUNTY
MICHAEL A. STAFFORD
County Attorney
By By
DON C. WHITLEY ED EMMETT, County Judge
Assistant County Attorney
ATTEST CITY OF BAYTOWN
By By
Interim City Clerk Mayor
ATTEST GULF COAST COMMERCIAL
MANAGEMENT, INC.
By:
_Sccretary JAMES WALKER
Vice President