Ordinance No. 12,125ORDINANCE NO. 12,125
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 THE
SIGNALIZATION PROJECT AT THE INTERSECTION OF GARTH ROAD AND
ARCHER ROAD; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED FIFTY -ONE THOUSAND ONE HUNDRED SEVENTY -THREE
AND NO /100 DOLLARS ($151,173.00); 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 the
signalization project at the intersection of Garth Road and Archer 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 an
amount not to exceed ONE HUNDRED FIFTY -ONE THOUSAND ONE 14UNDRED SEVENTY -
THREE AND NO /100 DOLLARS ($151,173.00) pursuant to the Agreement authorized in Section I
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 FIFTY THOUSAND AND NO /100 DOLLARS
($50,000.00) 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. -;P,
INTRODUCED, READ and PASSED by the affirmative vote oft City Council of the City of
Baytown this the 13th day of December, 2012.
APPROVED AS TO FORM:
CWNACIO RAMIREZ, SR., City A U ney
RAKamnWile \City Counci1\0rdinances\2012\December 13\ InterlocalwithHarrisCounty4GMIiArcher5ignalintionProject .doc
Exhibit "A"
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement is made and entered into pursuant to the Interlocal Cooperation Act,
Chapter 791 of the Texas Government Code, 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 home -rule city under the laws of the State of Texas, hereinafter called "City."
RECITALS:
1. It is to the mutual interest of the County and the City to construct traffic signals, a right
turn lane, and related work at the intersection of Garth Road and Archer Road, hereinafter called
the "Project."
2. The County is willing to:
a. Provide engineering and related services (the "Engineering ") necessary to:
i. prepare the "Construction Documents" for construction of the Project including
but not limited to preparation of plans, specifications and estimates (the "PS &E ")
and a project manual, and
ii. Provide construction phase engineering and related services (CPS), necessary
during construction of the Project, and
iii. Provide construction materials testing (CMT), as necessary during the
construction of the Project, and
b. Manage, bid, award, and administer the construction contract for the Project,
including day -to -day inspection and project management, and
c. Pay 50% of the costs of Engineering and construction, (the "County Costs "), and
3. The City is willing to:
a. Acquire the Land, in such estate as necessary to accomplish the purpose of this
Agreement, at no cost to the County, and
b. Authorize the County to access the Project site, including the Land for all
purposes, as necessary for the construction of the Project, and
c. Pay the remaining 50% of the costs of Engineering and construction, (the "City
Costs ").
For and in consideration of the mutual covenants, agreements and benefits to the parties
herein named, it is agreed as follows:
C.A. File No.: 12GEN 1616
Upon execution of this Agreement, the County shall prepare, or cause to be prepared, the
Construction Documents in accordance with usual County guidelines and specifications, except
that a NAZTECH TS II traffic signal controller, or equal if approved by the City, shall be
specified. The City shall provide written approval or comments to the County within 10 days of
receipt of the Construction Documents, and the County shall attempt to address such comments,
if any, and resubmit to the City as in the first instance, if necessary, and the City shall provide
written approval or comments as in the first instance.
The City shall, at no cost to the County, acquire the Land in the name of the City, for
roadway and drainage purposes.
III.
Upon approval of the Construction Documents by the City and receipt of a copy of the
recorded deed for the Land, the County shall advertise for bids for construction of the Project,
and upon receipt and tabulation of the bids, the County will determine the lowest and best bid.
The County's determination of such lowest and best bid shall be final and conclusive. The
County Engineer, or his designee, shall then estimate the projected County Costs and City Costs
based on such bid and previously incurred costs.
IV.
In the event that (a) the estimated County Costs do not exceed the maximum sum
available to the County per Section X below and (b) the estimated City Costs plus a contingency,
for potential changes in contract during construction, equal to 10% of the City's share of the
estimated construction cost, the "City Costs plus 10 %," do not exceed the maximum sum
available to the City per Section X below, then the County Engineer, or his designee, shall notify
the City of the estimated City Costs plus 10 %. The City will transmit to the County within thirty
(30) days of such notification, its check made payable to Harris County Treasurer in an amount
equal to the estimated City Costs plus 10 %. In the event the estimated County Costs is equal to
or less than the maximum sum available to the County per Section X below and the estimated
City Costs plus 10% is greater than the maximum sum available to the City per Section X below,
then the County Engineer, or his designee, shall notify the City of the estimated City Costs plus
10 %, and the City may transmit to the County within thirty (30) days of such notification, its
check made payable to Harris County Treasurer in an amount equal to the estimated City Costs
plus 10 %.
In the event the estimated County Costs is greater than the maximum sum available to the
County per Section X below, or if the estimated City Costs plus 10% is greater than the
maximum sum available to the City per Section X below and the City does not opt to exercise its
option under Section IV to provide additional funding, or if both situations occur, then the
County shall have the following options:
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C.A. File No.: 12GEN1616
a. County may elect to attempt to pay the additional 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 Treasurer in an amount equal to $151,173.03
less any amounts previously paid.
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. County may 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.
VI.
After the approval of the Construction Documents by the City and receipt of a copy of the
recorded deed for the Land, the City hereby authorizes the County to access the Project site
including the Land for all purposes as necessary to construct the Project. Upon receipt of such
funds, the County shall award the contract for construction of the Project 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 (i) re- advertise for bids
pursuant to the same understanding with regard to rejection of bids or (ii) terminate this
Agreement if the estimated County Costs and /or the estimated City Costs Plus 10% is greater
than the maximum sums available to either party as specified in Section X below, and the parties
do not opt to exercise its option under Section IV and /or V to provide additional funding. The
County's determination of the responsible bidder who submits the lowest and best bid for the
Project shall be final and conclusive.
VII.
The County shall be responsible for administering the construction contract for the
Project. 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, the City shall
give notice by telephone to the 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.
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C.A. File No.: 12GEN 1616
VIII.
The County acknowledges and agrees that the City's sole obligation under this
Agreement during the construction of the Project is to pay 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
and the acquisition of the Land, as provided herein. The City shall not be responsible for the
maintenance or condition of the Project facilities during construction of the Project. Upon
completion of the Project, the City will assume responsibility for the maintenance and repair of
the Project facilities to the extent and in the same manner as other like facilities within the City.
IX.
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
party. After such termination, neither party shall have any further obligations hereunder, except
as follows: The County shall return to the City any funds which the City has paid to the County
hereunder less the City Costs incurred prior to such termination; 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 Costs
incurred prior to such termination, and the City shall, within thirty days after such notice, deliver
its check to the County in an amount equal to the sum of the City Costs incurred prior to
termination.
X.
Not withstanding any other provision of this Agreement, it is expressly understood and
agreed that County is not obligated to expend more than the maximum sum of $151,173.03 to
satisfy its obligations under this Agreement, and the City is not obligated to expend more than
the maximum sum of $151,173.03 to satisfy its obligations under this Agreement, but either
party may at its option make further funds available.
XI.
Upon completion of construction of the Project, or upon termination in accordance with
this Agreement, the County shall perform or cause to be performed, a final accounting. If the
amounts paid by the City to the County hereunder, exceed an amount equal to the actual City
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, are less than an amount equal to the actual City Costs,
the City shall promptly pay over the amount of such deficiency to the County, subject to the
funding limitations in Section X.
XII.
All notices and communications for the City shall be mailed by certified mail, return
Receipt requested, or delivered to, the following address, until changed as herein provided:
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C.A. File No.: 12GEN1616
City of Baytown
2401 Market Street
Baytown, Texas 77520 -0424
Attention: City Manager
All notices and communications for the County shall be mailed by certified mail, return receipt
requested, or delivered to, the following address, until changed as herein provided:
Harris County Public Infrastructure Department
Architecture and Engineering Division
1001 Preston Avenue, 7th Floor
Houston, Texas 77002
Attention: Interagency Agreement Coordinator
Each party shall have the right from time to time and at any time to change its respective address
and each shall have the right to specify as its address any other address in the State of Texas by
giving at least fifteen (15) days written notice of such change to the other party.
XIII.
This Agreement and the obligations of the parties hereto are subject to all other
applicable rules, regulations and laws of the United States and the State of Texas.
XIV.
This instrument contains the entire agreement between the parties relating to the rights
herein granted and obligations herein assumed. Any modifications concerning this instrument
shall be of no force and effect excepting a subsequent modification in writing, signed by all
parties hereto.
XV.
Obligations under this agreement shall be satisfied from current funds available to the
party. The City shall not be required by this Agreement to provide to the County any funds in
excess of the City Funding Limit, but it retains the option to provide additional funding, which
may be then expended by the County if necessary for the completion of the Project.
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C.A. File No.: 12GEN 1616
IN TESTIMONY OF WHICH,this agreement,in duplicate counterparts,each having
equalforceandeffect of anoriginal,hasbeenexecutedon behalf of thepartiesheretoasfollows,
to-wit:
It has on the day of JAN 0 8 2GG ,~20T2;been executed
on behalf of the County bythe County Judge of Harris County,Texas,
pursuant toan order of the Commissioners Court of Harris County
authorizing such execution.
It has on the /V day of IJLtwWk •2012,been executed
on behalf of the City byitsCity Manager andattested byits City Clerk,
pursuant to ordinance of theCityCouncil of theCity of Baytown
authorizing such execution.
APPROVED AS TO FORM:HARRIS COUNTY
VINCE RYAN
County Attorney
ATTE
i&EVtfR SMITH
Assistant County Attorney
C.A.File No.:12GEN1616
C.A.File No.:I2GENI616
ED EMMETT
County Judge
CITY OF BAYTOWN
[OBERT D.LEIPER
City Manager
)A^L.
..•
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of HarrisCounty,Texas,convened ata meeting of saidCourt
attheHarris County Administration BuildingintheCity of Houston,Texas,ontheday of
"JAM '..-fr ,"204-2,with the following members present,to-wit:
Ed Emmett County Judge
El Franco Lee Commissioner,Precinct No.1
Jack Morman Commissioner,Precinct No.2
Steve Radack Commissioner,Precinct No.3
R.Jack Cagle Commissioner,Precinct No.4
andthefollowingmembersabsent,to-wit:VX^-P ,
constitutingaquorum,whenamongother business,the following wastransacted:
ORDER AUTHORIZING THE COUNTY JUDGE TO EXECUTE AN
AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF
BAYTOWN FOR THE CONSTRUCTION OF TRAFFIC SIGNALS,A RIGHT
TURN LANE,AND RELATED WORK AT THE INTERSECTION OF GARTH
ROAD AND ARCHER ROAD
Commissioner K.P-1 introduced anorder and made a
motion that the same be adopted.Commissioner {hb&CMlM-seconded the
motionforadoption of theorder.Themotion,carryingwithittheadoptionoftheorder,
prevailed bythe following vote:
Yes No Abstain
Judge Emmett [j Q U
Comm.Lee Lj l_l I I
Comm.Morman [j Q [Zl
Comm.Radack lj LJ •
Comm.Cagle []D D
TheCountyJudgethereuponannouncedthatthemotionhaddulyandlawfullycarried
andthatthe order hadbeendulyand law-fully adopted.The order thus adopted follows:
ITIS ORDERED thattheCountyJudgeis authorized to execute forandon behalf of
HarrisCounty,anAgreementbyandbetweenHarrisCountyandtheCity of Baytown,forthe
construction of trafficsignals,arightturnlane,andrelatedworkattheintersection of Garth
Road and Archer Road.
Presented to Commissioner's Court
JAN 08 2013
APPROVE.
C.A.File No.:12GFIN1616 .....Recorded Vol