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Ordinance No. 11,159ORDINANCE, NO. 11,159 AN ORDINANCE OF THE CI -I-Y COUNCIL OF 'I-HE CITY OF BAYTOWN, - I -EXAS. AUTI- iORIZ1NG 'I -IIE CITY MANAGER TO EXECUTE AND -1 -HE INTERIM CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH IIARRIS COUNTY FOR 'I'I IE RECONSTRUCTION OF CROSBY CEDAR BAYOU AND NEEDLEPOINT ROADS; AUTHORIZING PAYMENT BY TIIE CITY OF BAYT0IVN IN AN AMOUNT NOT TO EXCEED FOUR I IUNDRED TWENTY -ONE= THOUSAND FOUR HUNDRED TWENTY -THREE AND 95/100 DOLLARS ($421.423.95); MAKING OTHER PROVISIONS REI_.ATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ** ******** ************* ** **» p* ** -1�s* .1�** w* ** **** **** ** W�* ** ** *,I�*W *W * *W *** ** ** ** 4- * * * * * * * 4- BE IT ORDAINED BY TIIE CITY COUNCIL, OF THE CI"I-Y 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 an Interlocal Agreement with 1 lams County for the reconstruction of Crosby Cedar Bayou and Needlepoint Roads. A copy of said 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 hereby authorizes payment in an amount not to exceed FOUR HUNDRED TXVENTY -ONE THOUSAND FOUR HUNDRED TWENTY - THH-1 E' AND 95/100 DOLLARS ($421-423.95) pursuant to the Agreement authorized in Section 1 hereon. Section 3: This ordinance shall take effect immediately front and after its passage by the City Council of the City of Baytoxvit. _ UNTRODUCED. READ and PASSED by the aftrnnative vote of X-ity Council of the City of L3ayto%N n this the 13 1h day of August, 2009_ HEN H_ DONCARLOS. Mayor LETICIA C!AU0tAAA Z9 ttv Clerk APPROVED AS TO FORM: ACIO RAMIREZ. SR_. City A orney R :'Kar— %Files'•City Co... if•Ordinanccs' 2009' -: --T I_ +- interlocal.vnhl 1 --C—tN —&. Ncedlepo.ntfto ds doe 51,111 AGREEMENT THE STATE OF TEXAS COUNTY OF HARRIS 5 kl Baytown- Crosby -Cedar Bayou - Needlepoint 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. The County is contemplating the reconstruction of all or part of Crosby Cedar Bayou Road from Sjolander Road to IMassey Tompkins and Needlepoint Road from Sjolander Road to its current terminus near Cedar Bayou. hereinafter called the "Project." 2. The City is willing to contribute toward costs of those parts within the corporate limits of the City as described above, hereinafter called the "City Work ", if the County will have City Work performed using the County's 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 5421.=123.95 payable to the County. All payments by either party under this Agreement must be made from current revenues of the paying party. 2. The County may, but shall not be required to, construct the City Work. In such case, during the construction of the City Work, 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 hirther that in conducting said inspections, City shall not interfere with the work in progress. 3. The Project must be done by County employees using County material, with no planning, engineering, or construction being performed by third party contractors. Should the County fail to complete the City Work within 180 days after execution of this Agreement, the sole remedy of the City shall be to notify the County of its intention to terminate its further participation in this Agreement if the City Work is not completed within 30 days after receipt of such notice. Should the City Work not be completed within 30 days after receipt of such notice, this Agreement shall terminate at such time, and the County shall refund the City its contribution under Section 1 within 30 days alter such termination, less the reasonable cost of any part of the City Work completed M Baytown- Crosby -Cedar Bayou- Needlepoint prior to such termination, determined in accordance with Section 4. The County may terminate his Agreement at any time prior to the commencement of the City Work by notifying the City of iuch termination. Within 30 clays after notice by the County of such termination, the County shall refund the City its contribution under Section 1. 4. Upon completion of the Project. the County Engineer shall determine the reasonable cost ,-)f personnel. equipment and materials for construction the City Work based upon the Following ate -s, Milloh the County and City agree fairly compensate the County for work to be done by the County under this Agreement: Personnel: Foreman ..........S S 32.93/hour Operator Leadman .. S 31.55 /hour Operator I ............... S 27.52 /hour Operator II .............. S 24.88 /hour Utility ............. S 23.21 /hour Equipment: Milling Machine...... S 60.00 /hour Blaw Ivlox Paver..... S 1 13.00/hour Lee Boy Paver......... S 37.00/hour 7 ton Roller............ S 25.00 /hour 4 Ton Roller ............... $ 20.00/hour Asphalt Distributor... S 28.00'hour Water Truck ............ 5 28.00/hour Small Haul Truck..... S 29.00/hour Large Haul Truck..... S 40.00/hour High Roller Truck.... S 28.00/liour Sweeper ................ S 18.00 /hour Pickup .................. S 16.00 /hour Loader ..................5 20.50ilhour Dozer ................... S 67.00 / /hour Motor Grader.......... S 35.00 /hour 8 Yd. Dump Truck.... S 21.00/hour 12 Yd. Dump Truck... S 27.00 /hour Gradall ..................5 33.00 /hour Materials: Black Base ......... S 46.60 /ton Type D Asphalt ...... S 51 25 /ton Limestone ...............5 22.99 /ton Emulsion ................ S 1.50 /gallon kl Baytown- Crosby -Cedar Bayou - Needlepoint If the amount sent to the County by the City exceeds the reasonable cost of personnel, equipment, 'Ind materials fix construction of the City Work 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, within 30 days after completion of the Project, an amount equal to the difference between the City's contribution under Section l and the reasonable cost of the City Work as determined by the County Engineer in accordance with this Section. 5. l'he 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 fox three (3) years (hereafter 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 ail(] 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: CITY City of Baytown 2401 I'Aarket Street Baytown. Texas 77520 -0424 Attention: City Manager COUNTY: Harris County Harris County Administration Building 1001 Preston, 7`i' 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 ";hall be of no force and effect excepting a subsequent modification in writing, approved by the governing bodies and signed by all parties hereto. k\Baytown-Crosby-Cedar Bayou-Needlepoint 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 SEP 15 2009 , 2009, 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 , 2009, been executed on behalf of the City by its City Manag and attested by its Interim City Clerk, pursuant to ordinance of the City Council of the City of Baytown authorizing such execution. APPROVED AS TO FORM: HARRIS COUNTY VINCE RYAN County Attorney By C-- v By DON C. WHITLEY ED EMMETT, County Judge Assistant County Attorney ATTEST CITY OF BAYTOWN By By Interim City Clerk C' anager ��; OpsTOIq, Vi =cr.) 7f ** ,k�, k\Baytown-Crosby-Cedar Bayou-Needlepoint 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 SEP 15 2009 , 2009,with the following members present,to-wit: Ed Emmett 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: •���-av� , constituting a quorum, when among other business,the following was transacted: ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN, FOR FUNDING RECONSTRUCTION OF PARTS OF CEDAR BAYOU ROAD FROM SJOLANDER ROAD TO MASSEY TOMPKINS AND NEEDLEPOINT ROAD FROM SJOLANDER ROAD TO ITS CURRENT TERMINUS NEAR CEDAR BAYOU IN ORDER FOR THE ROADS TO ACCOMMODATE HEAVIER TRAFFIC BY APPLYING NEW BLACK BASE, TYPE D ASPHALT AND SS 1 ASPHALT EMULSION Commissioner intr duced 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: Yes No Abstain Judge Emmett CI Presented to Commissioner's Court ❑ Comm. Lee ❑ SEP 15 2009 Comm. Garcia Comm. Radack APPROVE Comm. Eversole ❑ ❑ Recorded Vol Page 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 funding the reconstruction of parts of Crosby Cedar Bayou Road from Sjolander Road to Massey Tompkins and Needlepoint Road from Sjolander Road to its current terminus near Cedar Bayou in order for the roads to accommodate heavier traffic by applying new black base, Type D Asphalt and SS1 • k\Baytown-Crosby-Cedar Bayou-Needlepoint Asphalt emulsion, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word.