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HomeMy WebLinkAboutO-2002-2590 e . ORDINANCB NO. 2002- aSQD AN ORDINANCB APPROVING AND AUTHORIZING AN INTBRLOCAL AGRBBMENT BETWEEN THE CITY OF LA PORTE AND BARRIS COmrry, FOR LEFT TURN LANES AND TRAFFIC SIGNAL MODIFICATIONS AT FAIRMONT PARICWAY AND BROOICWOOD, FAIRMONT PARICWAY AND FARRINGTON BOULEVARD, AND FAIRMONT PARICWAY AND WILMONT DRIVE, APPROPRIATING NOT TO BXCEED $200,500.00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RBLATING TO THE SUBJECT, FINDING COMPLIANCE WITH THB OPEN MEBTINGS LAW, PROVIDING AN EFFBCTrvE DATB HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum not to exceed $200,500.00 from the City of La Porte Fund 015 to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 55l, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e e ORDINANCE NO. 2002- dtSc,O PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of October, 2002. By: CITY OF LA PORTE ~t!{frt!- Mayor ATTEST: A~Md Knox W. Askins, City Attorney HARRIS COufTy DEPARTMENT OF PUBLIC INFRASTRUCTURE ENGINEERING DMSION e 1001 Preston Avenue Seventh Floor Hou~on,Texas77002 (713) 755-5370 3 February 2003 RECEIVED Mr. Douglas K. Kneupper, P.E. Director of Planning City of La Porte 604 W. Fairmont Pkwy. La Porte, Texas 77571 FEB 0 4 2003 PLANNING DEPT. SUBJECT: Agreement - Left Turn Lanes and Traffic Signal Modifications at Fairmont Parkway and Brookwood Drive, Fairmont Parkway and Farrington Boulevard, Fairmont Parkway and Wilmont Drive Dear Mr. Kneupper: Transmitted for your files is a fully executed original agreement on the above captioned project. If I can be of further service, please advise, --..-" rt 1. astille, P.E. Project Coordinator for Precinct 2 RLClic Attachment as Noted cc: Roel Garcia, Pct. 2 Jackie 1. Freeman, HCPID Deborah M. Vaughn, HCPID Central File h:\word\pct2\02-03-03,003.doc HARRIS COutTY DEPARTMENT OF PUBLIC INFRASTRUCTURE ENGINEERING DIVISION e 1001 Preston Avenue Seventh Floor Houston, Texas 77002 (713) 755-5170 29 August 2002 Mr, Robert T. Herrera City Manager City of La Porte 604 W. Fairmont Pkwy. La Porte, Texas 77571 SUBJECT: Agreement - Left Turn Lanes and Traffic Signal Modifications at Fairmont Pkwy. and Brookwood, Fairmont Pkwy. and Farrington Blvd" Fairmont Pkwy. and Wilmont Drive Dear Mr. Herrera: Transmitted are duplicate originals of the agreement on the road project referenced above. It is requested that the City execute the originals and return both originals to this office. Harris County will then execute the agreement and one fully executed original will be sent to the City for your files. Your early attention to the subject matter would be appreciated. RLClic Attachment cc: Elmo Wright, Pct. 2 Jackie L. Freeman, HCprO Deborah M. Vaughn, HCPIO Central File RECEIVED RECEIVED (" r'-:', ;: ,', "'{,'~" ~.:.I'.;---' ':.', ~t;dt CITY MAN GER'S SEP 0 5 2002 r'::~-"-ii:"-f(i~ ",:~ 'OFFI E II It' ,I" " \ \ ~~, r~-:' ~ . " ~(,lJd. .,JOY ~ h:\word\pct2\OS-29-02.00 I ,doc . ;.....:-..: .,... HARRIS COUAy PUBLIC INFRASTRUCTURE DEPARTMENT ENGINEERING DIVISION e 1001 Preston Avenue Seventh Floor Houston, Texas 77002 (713) 755-5370 8 November 2002 Honorable County Judge & Commissioners' Court . Building Attention: Commissioner Jim Fonteno SUBJECT: Recommendation by the County Engineer that the County Judge be Authorized to Execute an Agreement between Harris County and the City of La Porte in Connection with the Construction of Left Turn Lanes and Traffic Signal Modifications at the Intersections of Fairmont Parkway and Brookwood Drive, Fairmont Parkway and Farrington Boulevard and Fairmont Parkway and Wilmont Driv:e in Precinct 2 Gentlemen: Transmitted are duplicate originals of an agreement to be entered into by Harris County and the City of La Porte on the intersections referenced above. The Agreement has been approved as to form by the County Attorney's Office and has been executed by the City of La Porte. In general the temlS of the Agreement are as follows: 1. Harris County shall manage the project. 2. Harris County shall fund 50% of the project cost up to a maximum of $200,500. 3. City of La Porte shall fund 50% of the project cost up to a maximum of $200,500. Vote of ths Court: C:::-mm, ;:':,''':::lck Y::lS I 1 , j '. 1 ~.J :, j ! ] ~!o D ,-- L! [] n ~ o Abstain 0, o n w o o Presented to ConrnIssIone.s' Ccxrt NOV 1 9 2002 APPROVE L.)?- Recorded Vc:L . Page J.'rl- ~ 1::-',-1.. ~...._..,:...." ...;;:1 eve; "r; _. ~ C~::n:-::. ;-: ':':~~(:~~O ,.. Curn~. E'/orr;cia i :..,,~;- :: :\_ ,'..-\, :. ,... :;;;, 'l~"':, ~':' J h:\word\court\II-19-02-fairmont parkway,doc \ . ..., . '_ ,'....' ,r' 0.-;" ,!... ,~_ Oil",", l",\". ~ I..., ... oj . ,. ,'j ,) , "'oa.. \0... ,.., ~ ,..\, - Court Letter e -2- e 8 November 2002 It is requested that the County Judge be authorized to execute the ,Agreement on behalf of Harris County and that the County Clerk return both originals to this office for further handling. Sincerely, ~~~~ Jackie Freeman, P.E. Director JFIRLCldh Attachment as noted cc: Commissioner Jim Fonteno Elmo Wright Tommy Tompkins Jack McCown Arthur L. Storey, Jr. Deborah Vaughn Robert Castille ~/ ~ Andy Mao ~ Charlotte Atkinson Central File Agenda File h:\word\court\11-19-02-fairmont parkway,doc e e K:\Iaportefalrmontsignals AGREEMENT THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This Agreement is made and entered into 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 La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter called "City"; RECITALS: 1. It is to the mutual benefit of County and City to construct left turn lanes and traffic signal modifications at the intersections of Fairmont Parkway and Brookwood Drive, Fairmont Parkway and Farrington Boulevard, and Fairmont Parkway and Wilmont Drive, hereinafter called the "Proj ect." 2. The County is willing to contribute up to $200,500 toward 50% of all costs of the Project and to administer the design and construction of the Project, provided that City will contribute 50% of all costs of the Project up to $200,500. All costs attributable to the cost of the Project, including costs of engineering, construction and construction support services will sometimes be called the "Project Costs." 3. No additional right-of-way will be required for the Project. LI -1. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: TERMS: 1. Within ninety (90) days after execution of this Agreement, the County shall endeavor to prepare, or cause to be prepared, drawings and specifications for the Project and deliver copies of same to the City for written approval by the Mayor of the City, or his designee. 2. Within sixty (60) days after approval of drawings and specifications for the Project in accordance with Section 1, the County will advertise for and receive bids for the construction of the Project in accordance with the approved drawings and specifications in the manner similar to that of other like County projects. 3 Upon receipt and tabulation of the bids for the Project, County will determine the lowest responsible bidder for the construction of the Project. The County Engineer shall then estimate the projected Project Costs. 4. In the event the estimated Project Costs are equal to or less than the sum of $401,000, the County Engineer shall notify the City of the estimated Project Costs. The City shall transmit to the e e K:\Iaportefairmontsignals County within sixty (60) days of such notification, its check made payable to Harris County in an amount equal to one-half of the estimated Project Costs. 5. In the event the estimated Project Costs are greater than the sum of $401,000, County shall have the following options: a. County may elect to attempt to pay the additional cost of constructing the Project. In such case, the County shall notify the City. The City shall transmit to the County within sixty (60) days of such notification, its check made payable to Harris County in an amount equal to $200,500. 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. 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. 6. Within thirty (30) days after the receipt of funds from the City pursuant to Section 4 or 5 above, the County shall award the contract 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 re-advertise for bids pursuant to the same understanding with regard to rejection of bids or terminate this agreement as hereinafter provided. The County's determination of the responsible bidder who submits the lowest and best bid for the Project shall be final and conclusive. 7. The County shall be responsible for administering the construction contract. 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, each 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. City shall be authorized to send representatives to and participate in the bi-weekly job-site meetings. 8. Payments by the City to County hereunder shall not be used by the County for any purpose other than paying for the Project. 9. The County shall cause the funds paid by the City to County hereunder that are not needed to meet obligations due or contemplated to be due within sixty (60) days, to be invested in the same e e K:\Japortefairmontsignals manner as similar funds are invested by the County in federal obligations or interest-bearing time deposits. The determination by County of the portion of said funds needed to meet such obligations shall be conclusive. Upon completion of construction of the Project, the County shall perform or cause to be performed, a final accounting. If the total of the amounts paid by the City to the County hereunder, including interest earnings thereon exceeds an amount equal to 50% of the actual Project Costs, the County shall promptly pay over the amount of such excess to the City. If the total of the amounts paid by the City to the County hereunder, including interest earnings thereon is less than an amount equal to 50% of the actual Project Costs, the City shall promptly pay over the amount of such deficiency to the County. 10. The County acknowledges and agrees that the City's sole obligation under this Agreement during the construction of the Project is to contribute funding 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. The City shall not be responsible for the maintenance or condition of the Project facilities during construction of the Project. 11. The County may make such changes and amendments to the drawings and specifications within the general scope of the approved Project as the County Engineer deems necessary or desirable during construction of the Project. 12. 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 termination, neither party shall have any further obligations hereunder, except as follows: If, at the time of termination, the total of the amounts, if any, paid by the City to the County hereunder, including interest earnings thereon exceeds an amount equal to 50% of the actual Project Costs incurred to the time of termination, the County shall promptly pay over the amount of such excess to the City. If, at the time of termination, the total of the amounts paid by the City to the County hereunder, including interest earnings thereon is less than an amount equal to 50% of the actual Project Costs incurred to the time of termination, the City shall promptly pay over the amount of such deficiency to the County, After termination of this Agreement, the County may continue, at its option, with construction of the Project. 13. Unless this Agreement is amended and additional funds are thereby made available, it is expressly understood and agreed that the City has available the maximum sum of $200,500 to satisfy its obligations under this Agreement; and that the County has available the maximum sum of $200,500 to satisfy its obligations under this Agreement; and neither party hereto shall be obligated to expend more than the said maximum sum available to the party. 14. The City and its authorized representatives shall have the right to review and audit all books, records, vouchers and documents of whatever nature related to County's performance under this Agreement during the period of performance of this agreement and for three (3) years thereafter or for so long as there exists any dispute or litigation arising from this agreement. 15, 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. e e K:\Iaportefairmontsignals 16. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed hereinbelow or at such other address as the other party may have theretofore prescribed by notice to the sending party. Address for notice shall be as follows: CITY City of La Porte P.O, :8",^ 1115 '014 W. FAlfltlotiT PARkwAY LaPorte, Texas ~)1~ llt:J ,7571 County: Harris County Harris County Administration Building 1001 Preston, 7th Floor Houston, Texas 77002 Attn.: County Engineer 17. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, approved by the governing bodies and signed by all parties hereto. 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: a. It has on the day of NtN 1 9 200Z , 2002, 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 'JI-- day of ..flJo1Jef , 2002, been executed on behalf of the City by the Mayor and attested by its City Secretary, pursuant to ordinance of the City Council of the City of La Porte authorizing such execution. e e K:\Iaportefairmontsignals APPROVED AS TO FORM: HARRIS COUNTY MIKE STAFFORD County Attorney BYPf'1--C U~ DON C. WHITLEY . ,./ Assistant County Attorney B ROBERT ECKELS, County Judge ATTEST ClTY OF LA PORTE BVLfY( qft/ iL.;it Jut BY~~~ City secretary Mayor AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $200,500 to accomplish and pay the obligations of Harris County herein. '. e e THE STATE OF TEXAS ~ COUNTY OF HARRIS ~ Presented to CommfssIonera' Ccut NOV 1 ~ 2002 APPROVE R8CCIdBd Val. Page K:\Iaportefairmontsignals 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 NOV 1 9 2002. . 2002, with the following members present, to-wit: Robert Eckels EI Franco Lee James Fonteno Steve Radack Jerry Eversole County Judge Commissioner, Precinct No. 1 Commissioner, Precinct No.2 Commissioner, Precinct No.3 Commissioner, Precinct No.4 and the following members absent, to-wit: PtII ~ a quorum, when among other business, the following was transacted: , constituting ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE, FOR JOINT FUNDING THE CONSTRUCTION OF LEFT TURN LANES AND TRAFFIC SIGNAL MODIFICATIONS AT THE INTERSECTIONS OF F AIRMONT P ARKW A Y AND BROOKWOOD DRIVE, FAIRMONT P ARKW A Y AND FARRINGTON BOULEV~ FAIRMONT PARKWAY AND WILMONT DRIVE Commissioner ~ introduced an order and made a motion that the same be adopted. CommissionertY~~-l" ~ 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 Eckels 0 0 Comm. Lee 0 0 Comm. Fonteno 0 0 Comm. Radack 0 0 Comm. Eversole 0 0 The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and law-fully adopted, The order thus adopted follows: IT IS ORDERED that the County Judge is authorized to execute for and on behalf of Harris Courity, an Agreement by and between Harris County and the City of La Porte, for joint funding of the construction of left turn lanes and traffic signal modifications at the intersections of Fainnont Parkway and Brookwood Drive, Fairmont Parkway and Farrington Boulevard, and Fainnont Parkway and Wilmont Drive, at a maximum cost to the County of $200,500 under GL ORG KEY 10010276, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word.