Ordinance No. 12,047ORDINANCE NO. 12,047
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR
THE RELOCATION AND /OR MODIFICATION OF UTILITIES AFFECTED BY
HARRIS COUNTY'S CONSTRUCTION OF N. MAIN STREET FROM 1 -10 TO
WALLISVILLE ROAD; AUTHORIZING PAYMENT TO HARRIS COUNTY IN AN
AMOUNT NOT TO EXCEED TWO HUNDRED SIXTY -FIVE THOUSAND SEVEN
HUNDRED THIRTY -THREE AND 50/100 DOLLARS ($265,733.50); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section I: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute an interlocal agreement with Harris County for the relocation and/or modification of
utilities affected by Harris County's construction of N. Main Street from 1 -10 to Wallisville 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 authorizes payment to Harris
County in an amount not to exceed TWO HUNDRED SIXTY -FIVE THOUSAND SEVEN HUNDRED
THIRTY -THREE AND 50/100 DOLLARS (5265,733.50) in accordance with the agreement authorized
in Section I hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NO 1100 DOLLARS ($50,000.00) 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 immediately from and after its passage by the
City Council of the City of Baytown. X/�
INTRODUCED, READ and PASSED by the affirmative voof the City Council of the City of
Baytown this the 13" day of September, 2012. 7 A
NACIO RAMIREZ, SR., C9 Attorney
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Exhibit "A"
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement, made and entered into pursuant to Ch. 791 of the Tex. Gov't Code and
Section 8104.204 of the Tex. Spec. Dist. Code, by and between Hams County, a body corporate
and politic under the laws of the State of Texas, hereinafter called "County," and the City of
Baytown, a home -rule city under the laws of the State of Texas, hereinafter called "City;"
WITNESSETH:
WHEREAS, the County desires to construct North Main Street from I -10 to Wallisville
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 North Main Street; 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 and/or modify 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 and /or modification 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 and/or modification 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 and/or modification of the City's Facilities; and
WHEREAS, the estimated cost of the relocation and/or modification of the City's
Facilities is $265,733.50, which includes $24,370.00 for engineering and $11,493.50 for
administrative expenses; and
WHEREAS, the County has prepared drawings and specifications for the construction of
the County's Improvements and for the relocation and/or modification 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 and/or modification 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 and/or modification 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 and/or modification 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
and/or modification 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
and/or modification 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 and/or modification of the City's Facilities.
If the portion of the lowest and best bid attributable to the relocation and/or modification
of the City's Facilities, as determined by the County Engineer, is less than or equal to
$229,870.00, 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 and/or
modification of the City's Facilities, will transmit to the County a check, made payable to Harris
County, in said amount, as detenmined by the County Engineer, plus the following: (i) 5% of
said amount for administrative expenses, and (ii) a fixed fee of $24,370.00 for related
engineering services.
III
If the portion of the lowest and best bid attributable to the relocation and/or modification
of the City's Facilities, as determined by the County Engineer, is in excess of $229,870.00, 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 and/or modification 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 and/or modification 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 $24,370.00 for related engineering services, in which event the County may
proceed in accordance with Paragraph IV below.
b. City may pay the County, for engineering services, the fixed fee in the amount of
$24,370.00, and will proceed to make its own arrangements for the relocation and/or
modification 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.
IV
Within sixty (60) days after receipt of said funds from the City pursuant to Paragraphs H
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 and/or modification 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.
U
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 and/or modification of the
City's Facilities in a manner similar to that of other County construction projects, and (ii)
through its contractor, relocate and/or modify 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 and/or modify 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 and/or modification of the City's
Facilities, so long as the changes do not affect the scope of the work involved in the relocation
and/or modification of the City's Facilities.
VI
During the relocation and/or modification 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 and/or modifications, 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.
VII
During the cbnstruction of the County's Improvements or relocation and/or modification
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 and/or modification 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 and/or modification
work and notify the City of such work and amount. If the expense of such additional relocation
and/or modification work as determined by the County Engineer does not increase the aggregate
cost of relocating and/or modification to the City's Facilities by ten percent (10 %) (the amount
for such additional relocation and/or modification work to include a five percent (5 %)
administrative expense and a ten percent (10 %) engineering services expense if applicable), then
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. If the expense of such
additional relocation and/or modification work increases the aggregate cost of relocating and/or
modification of the City's Facilities by more than ten percent (10 %), then such additional
relocation and/or modification work must be presented to the City for approval as allowed by
statute; that is, as a result of unanticipated conditions, changes in regulatory criteria, or to
facilitate project coordination with other political entities. The City will be responsible for any
costs due to delay added to the Project if the Project is delayed solely as a result of waiting on
City approval, the Project is delayed by more than fourteen (14) days after its receipt of written
notice by the County of such additional expense, and (ii) such additional expense is a result of
unanticipated conditions, changes in regulatory criteria, or to facilitate project coordination with
other political entities. The time of said delay will be determined by the difference in time from
when the County and its contractor are ready to proceed on any portion of the Project but cannot
because of delay on relocating and/or modification to the City's Facilities and the time approval
is received from the City. If the City denies such additional relocation and/or modification work
or fails to approve such additional relocation and/or modification work within twenty (20) days
from receiving notice, the County may immediately terminate this Agreement. If this Agreement
is terminated pursuant to this Article, the County may choose to proceed with the Project
including relocating and/or modification to the City's Facilities and billing the City for the actual
costs of relocation and/or modification, plus a five percent (5 %) administrative expense and a ten
percent (10 %) engineering services expense if applicable. The City acknowledges and agrees
that it remains responsible for relocating and/or modification to the City's Facilities and will use
its best efforts to relocate and/or modify or cause the relocation and/or modification of the City's
Facilities as expeditiously as possible. If this Agreement is terminated for any reason prior to
completion of the City's Facilities, this Agreement acts as notice, received on the execution date,
given to the City for relocating and/or modification to the City's Facilities in connection with the
Project and the drawings that have been completed for the relocation and/or modification of the
City's Facilities indicate where the County requests the facilities to be relocated and/or modified.
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. If the 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 is
not responsible for the cost of the duplication.
X
The sole obligation of the City is to provide funding for the relocation and/or
modification of the City's Facilities as provided by 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 and/or modification 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.
R
Upon completion of construction of the County's Improvements and the relocation and/or
modification of the City's Facilities, the County Auditor will determine the total cost to the
County for the relocation and/or modification 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 and/or modification 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 and/or modification to 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 completion of the relocation and/or modification of the City's Facilities and the
City's payment in full for said relocation work, the County will furnish the City a copy of the
record drawings and specifications for the relocation and/or modification of the City's Facilities.
Upon completion of the construction of the County's Improvements and the relocation and/or
modification of the City's Facilities, the City is assigned any rights the County may have against
4
the contractor, the design engineer and the surety on the contractor's performance bond, which
relate to the relocation and/or modification 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 parties under this Agreement shall be
mailed by certified mail, return receipt requested, or delivered at the following addresses:
If to the City: The City of Baytown
Engineering Department
2401 Market Street
Baytown, Texas 77520
Attention: Jose Pastrana, P.E., CFM- Director
If to the County: Hams County
Public Infrastructure Department
1001 Preston Avenue, 7th Floor
Houston, Texas 77002 -1 893
Attention: Mr. Arthur L. Storey, Jr., P.E., Executive Director
Any notice given hereunder is deemed given three days after deposit of such in the United States
Mail.
XIV
Notwithstanding anything herein to the contrary or that may be construed to the contrary,
the County has no funds specifically allocated to performing its obligations hereunder, and the
County is under no obligation to expend any funds other than and except to the extent of those
funds that the County may, in its sole discretion, make available.
F:VA
This instrument contains the entire Agreement between the parties relating to the rights
granted and the obligations assumed herein. Any modifications concerning this instrument are of
no force and effect excepting a subsequent modification in writing, signed by all parties hereto.
XVI
This agreement has no force or effect until it has been approved by the governing body of
both the City and the County.
IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each having equal
force has been executed on behalf of the parties hereto as follows, to wit;
y i E ?01Z 201_ been executed by the
a. It has on the da of (l�f � � � z'
County Judge of Hanis County, on behalf of the Cm my pursuant to an Order of the
Commissioners Court of the County so authorizing.
b. It has on the day of �� ` 2012 been executed by the
City Manager of The City of Baytown, and attester to by the C -ity Cferk, pu scant to a resolution
oithe City Council so authorizing.
APPROVED AS TO FORM:
VINCE RYAN HARRIS COUNTY
County Attorney
Bv
TRIVOasN>stlt —
Assistant County Attorney
C.A1 Pile No.: I2G N042?
ED I NIM1,11
County Jud,�c
THE CITY Oh BAYTOWN
By L1
BO LEI FR
City Manager
.....
THE STATE OF TEXAS
COUNTY OF HARRIS
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court
at the liar s Chogff2AIlnuushation BuildimW in Houston Texas-, on the day of
!!UUII ---
�! 2012, with the following members present, to -wit:
Ed Emmett County Judge
El Franco Lee Commissioner, Precinct No. I
Jack Morman Commissioner, Precinct No.2
Steve Radack Commissioner_ Precinct No. 3
R. Jack Cagle Commissioner' Precinct No. 4
and the following members absent, to -wit: - y
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
NORTH MAIN STREET FROM 1-1 0T0 WALLISVILLE ROAD
Commissioner t_� introduced an order and made amotion that the
same be adopted. Commissioner C'!v , C' .. seconded tile 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
Comet
Lee
Comm.
Morman
Comm,
Radack
Comm:.
Cagle -i
'The County Judge thereupon announced that the motion had duly and lawfully carried
and that the order had been duly amt lawfully adopted.. The order thus adopted follows:
WHEREAS, Harris County ( "County ") desires to construct North Main Street from 1-10
to Waltisville Road, hereinafter called "County's Improvements ;" and
WHEREAS, the The City of Baytown ( "City ") owns and operates various facilities,
hereinafter culled "City's Facilities," which Ile within tile above described limits of North Main
Street; and
Presented to Commissionet's Court
OCT U 9 2012
APPROVE _ L-\ C.--
Recorded Vol —,Page
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 and/or modification 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 and/or modification 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 and/or modification of the City's Facilities; and
WHEREAS, the estimated cost of the relocation and /or modification of the City's
Facilities is $265,733.50, which includes $24,370.00 for engineering and $11,493.50 for
administrative expenses; and
WHEREAS, the County has prepared drawings and specifications for the construction of
the County's Improvements and for the relocation and/or modification 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 and/or modification 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 The City of Baytown
for the construction of paving and drainage improvements for North Main Street from I -10 to
Wallisville Road, said Agreement being incorporated herein by reference for all purposes as
though fully set forth word for word.
C.A. File No.: 12GENM7