HomeMy WebLinkAboutO-2002-2590
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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.
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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
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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
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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
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CITY MAN GER'S
SEP 0 5 2002 r'::~-"-ii:"-f(i~ ",:~ 'OFFI E
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HARRIS COUAy
PUBLIC INFRASTRUCTURE DEPARTMENT
ENGINEERING DIVISION
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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:
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Presented to ConrnIssIone.s' Ccxrt
NOV 1 9 2002
APPROVE L.)?-
Recorded Vc:L . Page
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Court Letter
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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
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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
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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
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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.
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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.
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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.
'.
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THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
Presented to CommfssIonera' Ccut
NOV 1 ~ 2002
APPROVE
R8CCIdBd Val. Page
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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.