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Ordinance No. 14,653ORDINANCE NO. 14,653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE DIAMOND GRINDING OF A PORTION OF JOHN MARTIN ROAD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY-SEVEN THOUSAND TWO HUNDRED FIFTY AND NO1100 DOLLARS ($47,250.00); 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 and directs the City Manager to execute and the City Clerk to attest to an interlocal agreement with Harris County for the diamond grinding of a portion of John Martin 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 FORTY-SEVEN THOUSAND TWO HUNDRED FIFTY AND NO.'100 DOLLARS ($47,250.00) in accordance with the agreement authorized in Section 1 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 NO100 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° o). 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 City Council of the City of Baytown this the 28`h day of January, 2020. . r.. Br DON CA.PETILLO, Ayor ATTLT: ® L TICIA BRYSCH, y ler APPROVED AS TO FORM: itddar ltLl1 •AI' — • - a R:%Karen Homer DocumentsTiles City Council Ordinances\2021Uanuary 28 HarrisCountylnterlocal.doc EXHIBIT "A" JOINT PARTICIPATION INTERLOCAL AGREEMENT This Joint Participation Interlocal Agreement ("Agreement") is entered into by and between Harris County ("County") and City of Baytown ("COB") pursuant to the Interlocal Cooperation Act, Tex. Gov't Code Ch. 791.001, et seq. County and COB may each be referred to herein individually as a "Party" or collectively as the "Parties". RECITALS WHEREAS, it is of mutual benefit to both Parties to construct improvements to roadway along John Martin Road from south of IH-10 to south of Hunt Road ("Project") as generally illustrated in Exhibit A attached hereto and incorporated herein by reference; WHEREAS, both Parties desire to cooperate in accordance with the terms of this Agreement to jointly accomplish the construction of the Project; and WHEREAS, both Parties agree that all funds used under this Agreement shall be from current fiscal funds. NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits herein set forth, the Parties agree as follows: TERMS Section 1. Responsibilities of the Parties A. COB's Responsibilities (i) The COB will provide or cause to be provided, engineering services and related support services necessary to prepare plans, specifications, and estimates ("PS&E") for the construction of the Project. (ii) The COB shall be responsible for obtaining all necessary permits and jurisdictional approvals for construction of the project. (iii) The COB shall be responsible for all utility relocation efforts including pipelines. (iv) Upon approval by the County of the PS&E, the COB will advertise for and receive bids for construction of the Project from qualified bidders. A qualified bidder must be registered with the Texas Secretary of State to transact business in Texas and must be current on all state and local fees and taxes, including but not limited to, Franchise Account Status with the Texas Comptroller of Public Accounts in good standing. The construction contract shall require the qualified bidder to follow all applicable federal, state, and local laws, rules, codes, ordinances, and regulations. (v) Upon receipt of bids for the construction of the Project the COB shall provide an invoice to the County for their cost share percentage for construction of the project in accordance with Section 2 of this agreement. (vii) Upon award of a contract for construction of the Project, the COB will manage and inspect the day-to-day construction of the Project, including construction materials testing ("CMT") in a manner similar to that of other County construction projects. (viii) Upon completion of the construction of the Project, the COB shall: (a) Provide a statement of final accounting to the County detailing all construction costs incurred and identify amount(s) to be invoiced or refunded to the County; and (b) Assume full responsibility for the ongoing maintenance and repairs of the Project. B. County's Responsibilities (i) Upon receipt of the bids and award recommendation from the COB for construction of the Project, the County will remit payment to the COB for the County Funding Share for construction of the Project in accordance with Section 2 of this agreement. (ii) Upon completion of the construction of the Project, the County shall participate in a final walk-through and inspection of the project. Section 2. Funding of the Project Notwithstanding any provision in this Agreement to the contrary, the following provisions will apply to all payments made under this Agreement: A. The County agrees to provide (50%) of the cost ("County Funding Share") necessary for the Project and the COB agrees to provide (50%) of the construction cost necessary for the construction of the Project as generally illustrated in Exhibit B attached hereto and incorporated herein by reference. B. The County agrees to provide payment to the COB within thirty (30) business days of receipt of the invoice. C. The COB agrees that in the event it is unable to perform the Project at a cost that does not exceed the total to be paid by each Party as set forth in Section 2.A. above, the COB will provide notice of such event to the County. At that time, either Party may choose to terminate this Agreement or the Parties may mutually agree in writing how the additional funding of the Project will be paid. Section 3. Term and Termination A. This Agreement shall commence upon final execution by all the Parties (the "Effective Date") and shall remain in full force and effect until the completion of construction of the Project or the COB's receipt of all payments due from the County under this Agreement, whichever occurs later ("Term"). B. This Agreement may be terminated by the COB before award of the construction contract and at any time by mutual written consent of the Parties, or as otherwise provided under this Agreement. Section 4. Miscellaneous A. Non -Assignability. The County and the COB bind themselves and their successors, executors, administrators, and assigns to the other Party of this Agreement and to the successors, executors, administrators, and assigns of such other Party, in respect to all covenants of this Agreement. Neither the County nor the COB shall assign, sublet, or transfer its interest in this Agreement without the prior written consent of the other Party. B. Notice. Any notice required to be given under this Agreement ("Notice") shall be in writing and shall be duly served when it shall have been (a) personally delivered to the address below, (b) deposited, enclosed in a wrapper with the proper postage prepaid thereon, and duly registered or certified, return receipt requested, in a United States Post Office, addressed to County or the COB at the following addresses: COB: City of Baytown c/o Richard L. Davis 2401 Market Street Baytown, TX 77520 Email: citymanager@baytown.org Additional Contact: Frank Simoneaux Email: frank.simoneaux@baytown.org County: Harris County Engineering Department 1001 Preston Avenue, 7ch Floor Houston, Texas 77002-1893 Email: Agreementlnfo@hcpid.org Any Notice given by mail hereunder is deemed given upon deposit in the United States Mail and any Notice delivered in person shall be effective upon receipt. Each Party shall have the right to change its respective address by giving at least fifteen (15) days' written notice of such change to the other Party. Other communications, except for Notices required under this Agreement, may be sent by electronic means or in the same manner as Notices described herein. C. Independent Parties. It is expressly understood and agreed by the Parties that nothing contained in this Agreement shall be construed to constitute or create a joint venture, partnership, association or other affiliation or like relationship between the Parties, it being specifically agreed that their relationship is and shall remain that of independent parties to a contractual relationship as set forth in this Agreement. The County is an independent contractor and neither it, nor its employees or agents shall be considered to be an employee, agent, partner, or representative of the COB for any purpose. The COB is an independent contract and neither it, nor its employees, officers, or agents shall be considered to be employees, agents, partners or representatives of the County for any purposes. Neither Party has the authority to bind the other Party. D. No Third Party Beneficiaries. This Agreement shall be for the sole and exclusive benefit of the Parties and their legal successors and assigns. Neither Party is obligated or liable to any party other than the Parties hereto for the performance of this Agreement. Nothing in the Agreement is intended or shall be deemed or construed to create any additional rights or remedies upon any third party. Further, nothing contained in the Agreement shall be construed to or operate in any manner whatsoever to confer or create rights or remedies upon any third party, increase the rights or remedies of any third party, or the duties or responsibilities of the Parties with respect to any third party. E. Waiver of Breach. No waiver or waivers of any breach or default (or any breaches or defaults) by either Party hereto of any term, covenant, condition, or liability hereunder, or the performance by either Party of any obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under and circumstances. F. No Personal Liability; No Waiver of Immunity. (1) Nothing in the Agreement is construed as creating any personal liability on the part of any officer, director, employee, or agent of any public body that may be a Party to the Agreement, and the Parties expressly agree that the execution of the Agreement does not create any personal liability on the part of any officer, director, employee, or agent of the County or the COB. (2) The Parties agree that no provision of this Agreement extends the County's or the COB's liability beyond the liability provided in the Texas Constitution and the laws of the State of Texas. (3) Neither the execution of this Agreement nor any other conduct of either Party relating to this Agreement shall be considered a waiver by either Party of any right, defense, or immunity on behalf of itself, its employees or agents under the Texas Constitution or the laws of the State of Texas. G. Applicable Law and Venue. This Agreement shall be governed by the laws of the State of Texas and the forum for any action under or related to the Agreement is exclusively in a state or federal court of competent jurisdiction in Texas. The exclusive venue for any action under or related to the Agreement is in a state or federal court of competent jurisdiction in Houston, Harris County, Texas. H. No Binding Arbitration; Right to Jury. The Parties do not agree to binding arbitration, nor do the Parties waive their respective right to a jury trial. Contract Construction. (1) This Agreement shall not be construed against or in favor of any Party hereto based upon the fact that the Party did or did not author this Agreement. (2) The headings in this Agreement are for convenience or reference only and shall not control or affect the meaning or construction of this Agreement. (3) When terms are used in the singular or plural, the meaning shall apply to both. (4) When either the male or female gender is used, the meaning shall apply to both. J. Recitals. The recitals set forth in this Agreement are, by this reference, incorporated into and deemed a part of this Agreement. K. Entire Agreement; Modifications. This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. This Agreement supersedes and replaces any prior agreement between the Parties pertaining to the rights granted and the obligations assumed herein. This Agreement shall be subject to change or modification only by a subsequent written modification approved and signed by the governing bodies of each Party. L. Severability. The provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person, entity, or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons, entities, or circumstances shall not be affected thereby. M. Survival of Terms. Any provision of this Agreement that, by its plain meaning, is intended to survive the expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. If an ambiguity exists as to survival, the provision shall be deemed to survive. N. Multiple Counterparts/Execution. This Agreement may be executed in several counterparts. Each counterpart is deemed an original and all counterparts together constitute one and the same instrument. In addition, each Party warrants that the undersigned is a duly authorized representative with the power to execute the Agreement. O. Warranty. By execution of this Agreement, the Parties warrant that the duties accorded to the the Parties in this Agreement are within the Parties' respective powers and authority. [Execution Page Follows] HARRIS COUNTY CITY OF BAYTOWN By:- Lina Hidalgo County Judge APPROVED AS TO FORM: CHRISTIAN D. MENEFEE County Attorney Philip Berzins Assistant County Attorney CAO File No.: 21 GEN0182 By: - Richard L. Davis City Manager ATTEST By: Leticia Brysch, City Clerk term ORDER OF COMMISSIONERS COURT The Commissioners Court of Harris County, Texas, met in regular session at its regular at the Harris County Administration Building in the City of Houston, Texas, on with all members present except A quorum was present. Among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF A JOINT PARTICIPATION INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN TO CONSTRUCT ROADWAY ALONG JOHN MARTIN ROAD FROM SOUTH OF IH-10 TO SOUTH OF HUNT ROAD AND ALL RELATED APPURTENANCES IN HARRIS COUNTY PRECINCT 2 Commissioner introduced an order and moved that Commissioners Court adopt the order. 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 Lina Hidalgo 0 v u Comm. Rodney Ellis 0 ❑ ❑ Comm. Adrian Garcia ❑ ❑ ❑ Comm. Tom S. Ramsey, P.E. ❑ ❑ 0 Comm. R. Jack Cagle ❑ 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: IT IS ORDERED THAT: 1. The Harris County Judge is authorized to execute on behalf of Harris County the attached Joint Participation Interlocal Agreement between Harris County and City of Baytown to construct roadway along John Martin Road from south of IH-10 to south of Hunt Road and all related appurtenances in Harris County Precinct 2. 2. All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purposes of this order.