Ordinance No. 11,267ORDINANCE NO. 11,267
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR
UTILITY RELOCATIONS TO ACCOMMODATE HARRIS COUNTY'S WIDENING
OF THOMPSON ROAD: AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED SEVENTY -SIX
THOUSAND SIX I1UNDRED SEVENTY -SIX AND 16/100 DOLLARS ($776.676.10;
MAKING OTHER PROVISIONS RELATED THERETO: 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 City Clerk to attest to an Interlocal Agreement with Harris County for utility
relocations to accommodate Harris County's widening of Thompson Road. 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 the
amount of SEVEN HUNDRED SEVENTY -SIX THOUSAND SIX HUNDRED SEVENTY -SIX AND
16 /100 DOLLARS ($776.676.16) 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 (526,000.00) or less: however. the original contract price may not be increased by more than
twenty -five percent (26 %) or decreased by more than twenty -five percent (26 %) 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.
INTRODUCED. READ and PASSED by the affirmative vote of the lty Council of the City of
Baytown this the 10`h day of December, 2009.
APPROVED AS TO FORM:
ACIO RAMIREZ. SR., CitylAVIorney
HEN H. DONCARLOS. Mayor
R 1Kar:n`Files,City Council' +,Ordmances' 20091De: ember 10' IncerlocahvuhHarrisCounty4ThompsonRondUtilitie ;.doc
Exhibit "A"
AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
This Agreement, made and entered into pursuant to Tex. Gov't Code Ann. §791.001 et
seq. (Vernon 2004 & Supp. 2008), as amended, by and between Harris County, a body corporate
and politic under the laws of the State of Texas, hereinafter called "County," and City of
Baytown, a municipal corporation under the laws of the State of Texas, hereinafter called "City;"
WITNESSETH:
WHEREAS, the County desires to construct Thompson Road from 100 feet north of State
Highway 330 to 800 feet north of Ellis School Road, hereinafter called "County's
Improvements;" and
WHEREAS, the City owns and operates various facilities, hereinafter called "City's
Facilities," which lie within the above defined limits of Thompson Road; and
WHEREAS, the County has advised the City of the County's intention to reconstruct the
County's Improvements, and has requested the City to relocate the City's Facilities in order not
to interfere with the County's Improvements; and
WHEREAS, the City has requested the County to include, at the City's expense, the
relocation of the City's Facilities as a separate bid item in the County's contract for the
construction of the County's Improvements; and
WHEREAS, the County is willing to include the relocation of the City's Facilities in the
County's contract for the construction of the County's Improvements, provided the City pays for
the relocation of the City's Facilities; and
WHEREAS, the estimated cost of the relocation of the City's Facilities is $776,676.15,
which includes $30,907.00 for engineering and $35,512.82 for administrative expenses; and
WHEREAS, the County has prepared drawings and specifications for the construction of
the County's Improvements and for the relocation of the City's Facilities, which have been
reviewed and approved by the City; and
WHEREAS, the County is willing to take competitive bids for the construction of the
County's Improvements and for the relocation of the City's Facilities;
NOW, THEREFORE, the County and the City, in consideration of the mutual covenants
and agreements herein contained, do mutually agree as follows:
After the County advertises for bids for both the construction of the County's
Improvements and the relocation of the City's Facilities, in accordance with the plans and
specifications therefor, which instruct the bidders to submit separate bids for the cost of
relocation of the City's Facilities and the construction of the County's Improvements, the County
will receive and tabulate said bids. After receipt and tabulation of the bids for the construction of
the County's Improvements and the relocation of the City's Facilities, the County
Commissioners Court will determine the lowest and best bid for both the construction of the
County's Improvements and the relocation of the City's Facilities. The County Commissioners
Court's determination of the lowest and best bidder is final and conclusive. The County may
reject all bids and re- advertise for bids. The County will notify the City of the amount of the
lowest and best bid attributable to the relocation of the City's Facilities.
If the portion of the lowest and best bid attributable to the relocation of the City's
Facilities, as determined by the County Engineer, is less than or equal to $710,256.33, then and
in that event, the City, within forty-five (45) calendar days after receipt of said notification as to
the amount of the lowest and best bid attributable to the relocation of the City's Facilities, will
transmit to the County a check, made payable to Harris County, in said amount, as determined by
the County Engineer, plus the following: (i) 5% of said amount for administrative expenses, and
(ii) a fixed fee of $30,907.00 for related engineering services.
If the portion of the lowest and best bid attributable to the relocation of the City's
Facilities, as determined by the County Engineer, is in excess of $710,256.33, then and in that
event, the City, within forty-five (45) calendar days after receipt of said notification as to the
amount of the lowest and best bid attributable to the relocation of the City's Facilities, must
perform in accordance with one of the following two (2) options:
a. City may pay the County the amount of said portion of the lowest and best bid
attributable to the relocation of the City's Facilities, as determined by the County Engineer, plus
the following: (i) 5% of said amount for administrative expenses, and (ii) a fixed fee of
$30,907.00 for related engineering services, in which event the County may proceed in
accordance with Paragraph N below.
b. City may pay the County, for engineering services, the fixed fee in the amount of
$30,907.00, and will proceed to make its own arrangements for the construction of its facilities in
a timely manner that does not delay the County's Improvements, in which event the County will
have no further obligation hereunder, other than making available to the City the plans and
specifications for the relocation of the City's Facilities.
IM
Within sixty (60) days after receipt of said funds from the City pursuant to Paragraphs II
or III (a) above, the County may, subject to Paragraph XIV below, let the contract for the
construction of the County's Improvements and for the relocation of the City's Facilities, to the
lowest and best bidder, in accordance with the usual and customary procedures of the County,
subject to certification of the availability of funds for the County's Improvements by the County
Auditor. The County reserves the right to decline to award the contract to all bidders, in which
event, the County, in its sole discretion, may either re- advertise for bids pursuant to the same
understanding with regard to rejection of bids or terminate this agreement as hereinabove
provided.
V
If the County lets a contract pursuant to Paragraph IV above, the County will (i) inspect
the construction of the County's Improvements and the relocation of the City's Facilities in a
manner similar to that of other County construction projects, and (ii) through its contractor,
relocate the City's Facilities in accordance with the drawings and specifications approved by the
City. The County is not obligated to expend any County funds to relocate the City's Facilities.
The County Engineer may make minor changes in the drawings and specifications that he deems
necessary or desirable during the construction of the County's Improvements and relocation of
the City's Facilities, so long as the changes do not affect the scope of the work involved in the
relocation of the City's Facilities.
VI
During the relocation of the City's Facilities, the City has the right of access to the
construction site and has the right to review all documents, maps, plats, records, photographs,
reports or drawings affecting said relocation, provided, however, City 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.
V11
During the construction of the County's Improvements or relocation of the City's
Facilities, should the County deem it necessary, through changes in contract with the County's
contractor or otherwise, to perform any relocation of the City's Facilities over and above that
which the County initially advertised, or for which the County accepted bids, or on which the
County's contractor based its bid, then and in any of those events, the County will determine the
estimated cost of such additional relocation work and notify the City of such amount. Within
forty -five (45) calendar days after receipt of said notification, the City will transmit to the County
a check, made payable to Harris County, in said amount, as determined by the County Engineer,
plus the following: (i) 5% of said amount for administrative expenses, and (ii) 10% of said
amount for related engineering services.
VIII
The County may terminate this Agreement at any time, with or without cause, by written
notice to City, and the County will have no obligation hereunder other than to return to City the
unexpended funds paid to County, if any, by City pursuant to this Agreement. In the event
County elects to terminate this Agreement pursuant to this paragraph, any interest earned on said
funds paid to County by City pursuant to this Agreement, becomes the sole property of the City.
If the County has not awarded the contract to the lowest and best bidder within one (1) year from
the execution of this Agreement by the City, then and in that event, the City may terminate this
agreement, and the County will have no obligation hereunder other than to return to the City the
unexpended funds paid to County, if any, by City pursuant to this Agreement, together with any
interest earned on said funds.
IX
The City or its authorized representatives has the right to review and audit all books,
records, vouchers and documents of whatever nature related to the County's performance under
this agreement, during the period of performance of the agreement and for three years thereafter,
or for so long as there exists any dispute or litigation arising from this agreement. The County
shall not be responsible for the cost of the duplication.
91
The sole obligation of the City is to provide funding for the relocation of the City's
Facilities as provided under the terms of this agreement. The County is not responsible for the
maintenance or condition of the City's Facilities. Upon completion of construction of the
County's Improvements and the relocation of the City's Facilities, the City shall assume full
ownership of and responsibility for the maintenance and repair of such City facilities to the
extent and in the same manner as other like facilities within the City.
XI
Upon completion of construction of the County's Improvements and the relocation of the
City's Facilities, the County Auditor will determine the total cost to the County for the relocation
of the City's Facilities, and the County will notify the City of such amount. If the actual cost to
the County of the relocation of the City's Facilities exceeds the amount or amounts previously
paid to the County by the City, then the City will pay the amount of such excess to the County. If
the actual cost to the County of relocating the City's Facilities is less than the amount or amounts
previously paid to the County by the City, then the County will refund to the City the excess
amount paid by the City to the County over and above the actual cost thereof. Any amount due
and payable under this paragraph will be paid within sixty days after completion of the work or
thirty days after the County notifies the City of the amount of the actual cost, whichever is
sooner. After receipt by the County of a written request from the City, the County shall furnish
the City a copy of the record drawings and specifications for the relocation of the City's
Facilities, provided, however, the County has no obligation to furnish said record drawings and
specifications to the City so long as any money owed by the City to the County under this
agreement has not been received by the County. Upon completion of the construction of the
County's Improvements and the relocation of the City's Facilities, the City is assigned any rights
the County may have against the contractor, the design engineer and the surety on the contractor's
performance bond, which relate to the relocation of the City's Facilities.
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 parties hereto.
XIII
All notices and communications directed to the City under this Agreement shall be
mailed by certified mail, return receipt requested, or delivered at the following address:
City of Baytown
Engineering Department
2401 Market Street
P. O. Box 424
Houston, Texas 77522
Attention: Mr. Dick Carter, P.E., City Engineer
All notices and communications directed to the County under this Agreement shall be mailed by
certified mail, return receipt requested, or delivered at the following address:
Harris County
Public Infrastructure Department
1001 Preston Avenue, 7th Floor
Houston, Texas 77002 -1893
Attention: Mr. Arthur L. Storey, Jr., P.E., Executive Director
Any notice given hereunder is deemed given upon deposit of such in the United States Mail.
XIV
Notwithstanding anythim, herein to the contrary or that may he construed to the contrary,
the County has no funds specifically allocated to performing its obligations hereunder, and the
C01111ty is under no obligation to expend any Funds other than and except to the extent of those
Binds that the County may. III Its sole discretion, make available.
XV
This instrument contains the entire Agreement between the parties relating to the rights
-ranted and the obligations assumed herein.: \nv modifications concerninu this instrument are of
no force and effect cxceptin�g a subsequent modification in writing_. signed by all parties hereto.
IN TESTINIONY OF \VI-I ICI 1, this Agreement. in duplicate originals, each having equal
force has been executed on hehalfofthe parties hereto as follows, to wit;
a. It has on the clay of 2009, been executed by the
County Judge of Harris County, on behalf of the County pursuant to an Order of the
Com Ill lssloilers COIIrt Of the County so authorizing.
b. It has on the clay of 2009, been executed by the
City Mann of the Cite of Baytown, and attested by its City Clerk. pursuant to an ordinance of
the City Council ofthe City so authorizing.
APPROVED AS TO F0104:
VINCE RYAN
County :attorney
13 A' 2,6 -.r
1t' L f1 \1 R. BRUY I:
Senior Assistant County Attorney
Ir R A YTOWN -1 09Ri90196
A "hf l: ST:
City Clerk
HARRIS COUNTY
By
ED ENINICTT
COt1IIty .IIIdQC
CITY OF 13AYTO\VN
By
GARRISON C. BRUNIBACIC
City klanager
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 Baytown, Texas, on the day
of 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:
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN HARRIS
COUNTY AND THE CITY OF BAYTOWN FOR THE CONSTRUCTION OF PAVING
AND DRAINAGE IMPROVEMENTS FOR THOMPSON ROAD FROM 100 FEET
NORTH OF STATE HIGHWAY 330 TO 800 FEET NORTH OF ELLIS SCHOOL 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:
Yes No Abstain
Judge Emmett
0
0 0
Comm. Lee
0
0 0
Comm. Garcia
❑
0 0
Comm. Radack
❑
❑ ❑
Comm. Eversole
0
0 0
The County Judge thereupon announced that the motion had duly and lawfully carried
and that the order had been duly and lawfully adopted. The order thus adopted follows:
WHEREAS, Harris County ( "County") desires to construct Thompson Road from 100
feet north of State Highway 330 to 800 feet north of Ellis School Road, hereinafter called
"County's Improvements;" and
WHEREAS, the City of Baytown ("City") owns and operates various facilities,
hereinafter called "City's Facilities," which lie within the above described limits of Thompson
Road; and
WHEREAS, the County has advised the City of the County's intention to reconstruct the
County's Improvements, and has requested the City to relocate the City's Facilities in order not
to interfere with the County's Improvements; and
WHEREAS, the City has requested the County to include, at the City's expense, the
relocation of the City's Facilities as a separate bid item in the County's contract for the
construction of the County's Improvements; and
WHEREAS, the County is willing to include the relocation of the City's Facilities in the
County's contract for the construction of the County's Improvements, provided the City pays for
the relocation of the City's Facilities; and
WHEREAS, the estimated cost of the relocation of the City's Facilities is $776,676.15,
which includes $30,907.00 for engineering and $35,512.82 for administrative expenses; and
WHEREAS, the County has prepared drawings and specifications for the construction of
the County's Improvements and for the relocation of the City's Facilities, which have been
reviewed and approved by the City; and
WHEREAS, the County is willing to take competitive bids for the construction of the
County's Improvements and for the relocation of the City's Facilities;
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF
HARRIS COUNTY, TEXAS THAT:
Section 1: The recitals set forth in this order are true and correct.
Section 2: County Judge Ed Emmett is hereby authorized to execute, for and on
behalf of Harris County, an Agreement by and between Harris County and City of Baytown for
the construction of paving and drainage improvements for Thompson Road from 100 feet north
of State Highway 330 to 800 feet north of Ellis School Road, said Agreement being incorporated
herein by reference for all purposes as though fully set forth word for word.
09RPDO 196 1