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Ordinance No. 12,401ORDINANCE NO. 12,401 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 TRI -CITY BEACH ROAD BRIDGE REPAIR PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE ITORDAINED BY 'I HE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: 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 Tri - City Beach Road Bridge Repair Project. 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 TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00) 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 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. INTRODUCED, READ and PASSED by the affirmative vote of (fat City Council of the City of Baytown this the 18`t' clay of November, 2013. APPROVED AS TO FORM: e—TNACIO RAMIREZ, SR. ity Attorney DONCARLOS, Mayor R:%Karen',Files.City Council',Ordisiances',?t113NNovc:nlxr ISiliacri[xakrithHan isCoung4Tri -City Beach Road BridbeR€paitilsojca 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 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." lneyvKIcl 1. It is to the mutual interest of the County and the City to perform repairs to the Tri -City Beach Road Bridge, 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. Authorize the County to access the Project site, as necessary for the design and construction of the Project, and b. 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: I. Upon execution of this Agreement: a. The City shall provide authorization as necessary for the County to temporarily add the bridge to the County's road log. It is understood and agreed that the City will remain responsible for maintenance of the bridge during the design and construction of the Project, and j:ladminlbnoblesltricitybeachrdbridge-baytownitricityagreement-tdsr10-7-13-clean.doc b. The County shall prepare, or cause to be prepared, the Construction Documents in accordance with usual County guidelines and specifications. The City hereby authorizes the County and the County's officers, employees and contractors to access the Project site for all purposes as necessary to design the Project. 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. II. Upon approval of the Construction Documents by the City, 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. In the event that (a) the estimated County Costs do not exceed the maximum sum available to the County per Section IX 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 IX 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 IX below and the estimated City Costs plus 10% is greater than the maximum sum available to the City per Section IX below, then the County Engineer, or his designee, shall notify the City of the estimated City Costs plus 1094c, 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%. IV. In the event the estimated County Costs is greater than the maximum sum available to the County per Section IX below, or if the estimated City Costs plus 10% is greater than the maximum sum available to the City per Section IX below and the City does not opt to exercise its option under Section III to provide additional funding, or if both situations occur, then the County shall have the following options: 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 j:ladminlbnoblesltricitybeachrdbridge-baytownitricityagreement-tdsr I 0-7-13-clean.doc payable to Harris County Treasurer in an amount equal to $125,000.00 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 terns. 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. V. After the approval of the Construction Documents by the City, the City hereby authorizes the County and the County's officers, employees and contractors to access the Project site 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 IX below, and the parties do not opt to exercise its option under Section III and/or IV 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. Vl. 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. j:ladminlbnoblesMcitybeachrdbridge-baytownitricityagreement-tdsr 10-7-13-clean.doc VII. 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 as provided herein. VIII. 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. ►® 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 $125,000.00 to satisfy its obligations under this Agreement, and the City is not obligated to expend more than the maximum sum of $125,000.00 to satisfy its obligations under this Agreement, but either party may at its option make further funds available. X. Upon completion of construction of the Project: a. The County will remove the bridge from its road log, and any warranties provided in accordance with the construction contract for the Project will be assigned, or caused to be assigned, to the City, and b. 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 Iimitations in Section IX. j:ladminlbnoblesltricitybeachrdbridge-baytownitricityagreement-tdsr I 0-7-13-clean.doc XI. 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: 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. XII. 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. XIII. 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. XIV. 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. j:ladminlbnoblesltricitybeachrdbridge-baytownltricityagreement-tdsr10-7-I 3-clean.doc 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: 0;n• r •� ";' . 2 z9f a. It has on the day of , 2013, 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 , 2013, been executed on behalf of the City by its City Manager and attested by its City Clerk, pursuant to ordinance of the City Council of the City of Baytown authorizing such execution. APPROVED AS TO FORM: VINCE RYAN County Attorney Dgltdly signed by Clyde R tW nag By - rnt:m•ChdeRlcuthuq wou Assistant County Attorney C.A. File No.: 13GEN1521 ATTEST: By LETICIA BRYSCH City Clerk HARRIS COUNTY By ED EMMETT County Judge CITY OF BAYTOWN ROBERT D. LEIPER City Manager j:ladminlbnoblesltricitybeachrdbridge-baytownltricityagreement-tdsrl0-7-13-clean.doc ORDER OF COMIVIISSIONERS COURT Authorizing an Interlocal Agreement with the City of Baytown 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 HM -1 4 2e= 2013, with the following members present, to -wit: A quorum was present. Among other business, the following was transacted: ORDER AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN IN CONNECTION WITH PERFORMING REPAIRS TO THE TRI -CITY BEACH ROAD BRIDGE OVER HL&P CANAL Commissioner LU introduced an order and moved that Commissioners Court adopt the order. Commissioner CA4:c seconded the motion for adoption of the order. The motion, carrying Vith it the adoption of the order, prevailed by the following vote: es No Abstain Judge Ed Emmett ❑ ❑ Comm. EI Franco Lee ❑ ❑ Comm. Jack Morman ❑ ❑ Comm. Steve Radack ❑ ❑ Comm. R. Jack Cagle ❑ ❑ The County Judge thereupon announced that the motion had duly and Iawfully carried and that the order had been duly and lawfully adopted. The order adopted follows: IT IS ORDERED that: 1. The Harris County Judge is authorized to execute on behalf of the County an Interlocal Agreement with the City of Baytown in connection with performing repairs to the Tri -City Beach Road Bridge over HL&P Canal. The Interlocal Agreement is incorporated by reference and made a part of this order for all intents and purposes as though fully set out in full word for word. 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. presented to Commissioners Court NOV 12 2013 APPROVE ---L `' Recorded Vol_ Page---� CA Me No.13GENIS21