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HomeMy WebLinkAboutO-2004-2756 REQUEST FOR CITY COUNCIL AGENDA IT~M Requested By: S. Gillett Appropriation Agenda Date Requested: Source of Funds: GEN902 Department: Public Works Account Number: Report: Resolution: Ordinance: xx Amount Budgeted: $1,900,000 Exhibits: Ordinance Amount Requested: $1,900,000 Exhibits: A reement Budgeted Item: Yes Cost Estimate Exhibits: SUMMARY & RECOMMENDATION Harris County Precinct 2 has indicated a willingness to work with the City on the construction of Canada Road, and contribute 50% of all eligible costs up to $1,871,822 toward the Project. Eligible costs include a four lane concrete reinforced roadway, curb and gutter, storm sewer, and related appurtenances (including traffic signal installation and modification at Fairmont Parkway and Spencer Highway). Also included in eligible costs are engineering and design fees associated with the listed improvements, as well as pipeline adjustment. Ineligible costs include sidewalks, water and sewer lines and lift station. Sidewalk construction has been estimated at $103,500, bringing the total non-utility cost to La Porte to $1,975,322. The Engineer and the city have worked to identify cost reductions to reduce this amount below $1.9M. The utility portion ofthe Project, which the County will not participate in, is estimated at $700,000. The portion of the Project is budgeted in the Utility CIP. The attached Agreement obligates the County to participate in eligible project design and construction as outlined above, with the City paying all other costs, as well as administering the Project. Action Required by Council: Consider approval of an ordinance authorizing the Mayor Pro- Tem to execute an agreement with Harris County for the construction of Canada Road. Approved for City Council Al!enda o&t- ~tu A0k~ Debra Feazelle, City ivlanager 1-h -61 Date ORDINANCE NO. 2004 -J '7c)~ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY TO JOINTLY CONSTRUCT CANADA ROAD, FROM SPENCER HIGHWAY TO FAIRMONT PARKWAY, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE 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, a copy of which is on file in the office of the City Secretary. The Mayor Pro-Tern 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. 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 551, 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. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ~day of \JutV I CITY OF LA PORTE B~ - - y f~'M Mayor Pro-Tern , 2004. ATTEST: \---17/d(u,o!Ittl/ Mareha A~ Gillett City Secretary 4 APPROVED: / t2~~tJ a~ Knox W. Askins City Attorney 2 G. 6rXf__._ HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT ENGINEERING DIVISION' -- 1001 Preston A venue Seventh Floor Houston, Texas 77002 (713) 755-5370 Honorable County Judge & cbmmissioners' Court Building 20 July 2004 Vote of the Court: Yes No Abstain la Attention: Commissioner Sylvia R. Garcia Comm, RAdack C9mm. Eversole SUBJECT: Recommendation 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 Canada Road from Spencer Highway to Fairmont Parkway in Precinct 2 Dear Court Members: Transmitted are duplicate originals of an Agreement to be entered into by Harris County and the City of La Porte on the road project 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 terms of the Agreement are as follows: 1. City of La Porte shall manage the project. 2. City of La Porte shall fund 50% of the project cost up to a maximum of $1,871,822 plus 100% of the cost of water, sewer and sidewalks up to a maximum of $893,431 for a total of $2,765,253. 3. Harris County shall fund 50% of the project cost (excluding water, sewer and sidewalks) up to a maximum of $1,871,822. 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, ~~ v DIrector ~. U JF/RLC/dh Attachments cc: Commissioner Sylvia R. Garcia Roel Garcia Barbara J. Schott Arthur L. Storey, Jr. Deborah M. Vaughn Robert L. Castille, ~ Jack Rodriguez Sheryl Herbert Janie Cuevas Presented to Commissioner' Cou Agenda File S rt Central File JUL 2 7 2004 APPROVE c..-:-/ E- Recorded VoI_ Page ':0. Q ,-,.--j'- j :\admnsvc\dholliday\word\court\7 -2 7 -04-canada road. doc ~~ ~) &~. It r'-i,l~ LaPorteCanadaRoad5-28-04a 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 Canada Road (County Road Log Nos. 0225701 and 0225702), a street within the corporate limits of the City, from Spencer Highway to Fairmont Parkway as a four lane reinforced concrete roadway, with curb and gutter, storm sewer, and related appurtenances, hereinafter called the "Project." 2. The Project will include construction, relocations and/or improvements involving sidewalks and water and sewer utilities, hereinafter sometimes called the "City Improvements." That part of the Project other than the City Improvements shall sometimes be called the "Road." 3. The County is willing to contribute up to $1,871,822 toward 50% of all costs of the Road, provided that City will contribute 50% of all costs of the Road up to $1,871,822 and 100% of the costs of the City Improvements, up to $893,431, and administer the design and construction of the Project. All costs attributable to the cost of the Road, including costs of right-of-way, engineering, construction and construction support services will sometimes be called the "Road Costs." All costs attributable to the cost of the City Improvements, including costs of additional right-of-way, engineering, construction and construction support services will sometimes be called the "City Improvement Costs." 4. 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 City shall endeavor to prepare, or cause to be prepared, drawings and specifications for the Project copies of same to the County for written approval by the County Engineer, or his designee. 2. The City shall undertake to acquire all right-of-way necessary for the Project by purchase, gift, donation or exercise of the power of eminent domain. 3. Within sixty (60) days of acquisition by the City of all right-of-way or entry rights necessary for the Project and approval of drawings and specifications for the Project in accordance with Section 1, the City will advertise for and receive bids for the construction of the Project in LaPorteCanadaRoad5-28-04a accordance with the approved drawings and specifications in the manner similar to that of other like City projects. 4. Upon receipt and tabulation of the bids for the Project, City will determine the lowest responsible bidder for the construction of the Project. The City shall then estimate the projected Road Costs and the City Improvement Costs. In the event the estimated Road Costs are equal to or less than the sum of $3,743,644 and the City Improvements Costs are equal to or less than the sum of 893,431, the City shall notify the County of the estimated Road Costs. The County will transmit to the City within thirty (30) days of such notification, its check made payable to the City in an amount equal to the lesser of (a) 50% ofthe estimated Road Costs or (b) $1,871,822. 5. In the event the estimated Road Costs are equal to or greater than the sum of $3,743,644 or the City Improvements Costs are equal to or greater than the sum of 893,431, City shall have the following options: a. City may elect to attempt to pay the additional costs of the Project. In such case, the City shall notify the County of the City's estimates of the Road Costs. The County will transmit to the City within thirty (30) days of such notification, its check made payable to the City in an amount equal to the lesser of (a) 50% of the estimated Road Costs or (b) $1,871,822. b. City may reject all bids and elect not to proceed with the letting of the contract and terminate this agreement as provided below. c. City 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 City may proceed under one of the other three options. 7. Within thirty (30) days after the receipt of funds from the County pursuant to Section 5 or 6 above, the City 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 City. It is expressly agreed and understood that the City reserves the right to reject all bids. In such event, the City, 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 City's determination of the responsible bidder who submits the lowest and best bid for the Project shall be final and conclusive. 8. The City shall be responsible for administering the construction contract. During the construction of the Project, the County 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 City prior LaPorteCanadaRoad5-28-04a to any inspection of either the site or documents and provided further that in conducting said inspections, County shall not interfere with the work in progress 9. PaYments by the County to City hereunder shall not be used by the City for any purpose other than paying Road Costs. Each cost or expense included within City Improvements Costs shall be paid entirely from funds paid by the City. 10. The City shall cause the funds paid by the County to City hereunder that are not needed to meet obligations due or contemplated to be due within sixty (60) days, to be invested in the same manner as similar funds are invested by the City in federal obligations or interest-bearing time deposits. The determination by City of the portion of said funds needed to meet such obligations shall be conclusive. Upon completion of construction of the Project, the City shall perform or cause to be performed, a final accounting. If the amounts paid by the County to the City hereunder, including interest earnings thereon, exceeds an amount equal to the lesser of (a) 50% of the estimated Road Costs or (b) $1,871,822, the City shall promptly pay over the amount of such excess to the County. If the amounts paid by the County to the City hereunder, including interest earnings thereon, are less than lesser of (a) 50% of the estimated Road Costs or (b) $1,871,822, the County shall promptly pay over the amount of such deficiency to the City. 11. The City acknowledges and agrees that the County'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 County 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 County shall not be responsible for the maintenance or condition of the Project facilities during construction of the Project or thereafter. 12. The City may make such changes and amendments to the drawings and specifications within the general scope of the approved Project as the City deems necessary or desirable during construction of the Project. 13. 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: City shall return to the County any funds which the County has paid to the City hereunder less 50% of the Road Costs incurred prior to such termination, together with the interest earned on such funds; or, if the County has not yet paid any funds to the City hereunder, the City shall notify the County of the amount of Road Costs incurred prior to such termination, and the County shall deliver its check to the City in an amount equal to 50% of such incurred Road Costs within thirty days after notice of same. 14. 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 $2,765,253 to satisfy its obligations under this Agreement; and that the County has available the maximum sum of $1,871,822 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. LaPorteCanadaRoad5-28-04a 15. The County and its authorized representatives shall have the right to review and audit all books, records, vouchers and documents of whatever nature related to City'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. 16. 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. 17. 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 604 W. Fairmont Parkway La Porte, Texas 77571 County: Harris County Harris County Administration Building 1001 Preston, th Floor Houston, Texas 77002 Attn.: County Engineer 18. 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: JUL 2 7 200~ a. It has on the _ day of , 2004, 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 Jd,,-YP day of ,-0 , 2004, been executed on behalf of the City by the Mayor and attested by its City Secretary, .. LaPorteCanadaRoad5-28-04a pursuant to ordinance of the City Council of the City of La Porte authorizing such execution. APPROVED AS TO FORM: HARRIS COUNTY MIKE STAFFORD County Attorney ~ By>>~ ~ U DON C. WHITLEY / Assistant County Attorney ATTEST CITY OF LA PORTE BY ~ afjjtt~ {:A:UIIi City Secretary ~~ B ~ c_ aYOr~em APPROVED J'l C~. /J lCIf'/c?-?v ~ BY r 1 [){f/v'I/ Ie! KNOX W. ASKINS City Attorney LaPorteCanadaRoad5-28-04a AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $1,871,822 to accomplish and pay the obligations of Harris County herein. Barbara ,J, SQhQtt, .cFA ~~~rl~ A~dl r _ _ B bara Schot~, County ~ud or LaPorteCanadaRoad5-28-04a THE STATE OF TEXAS g COUNTY OF HARRIS g and the following members absent, to-wit: a quorum, when among other business, the following was transacted: County Judge Commissioner, Precinct No. 1 CUlI1ul~55ioU\;:;t, Pll;;Ginct No. 2 Commissioner, Precinct No.3 Commissioner, Precinct No.4 ~' , constituting ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE, FOR JOINT FUNDING OF THE CONSTRUCTION OF CANADA ROAD FROM SPENCER HIGHWAY TO FAIRMONTPARKWAY Commissioner introduced an order and made a motion that the same be adopted. 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 Vote of the Court: Judge Eckels Comm. Lee Comm. Garcia Comm. Radack Comm. Eversole Judge EckelI'; Comm. lee C ' I ammo Radac!'; b:tl Cnmm c~,.,,,, l' r-L . . I.. ,. '.,C ,.,0 (, i:::'::1 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 County, an Agreement by and between Harris County and the City of La Porte, for joint funding of the construction of Canada Road from Spencer Highway to Fairmont Parkway as a four-lane reinforced concrete roadway, with curb and gutter, storm sewer, and all necessary appurtenances, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. Presented to Commls8loners Court JUL 21 2004 APPROVE Recorded VoI_ Page COST ESTIMATE FOR CONSTRUCTION OF CANADA ROAD Exhibit A Cost $ 1,380,960.00 $ 756,350.00 $ 103,500.00 $ 125,000.00 $ 65,000.00 $ 2,430,810.00 $ 243,081.00 $ 2,673,891.00 Joint Venture 50% Eligible Items Harris County City of La Porte $ 690,480.00 $ 690,480.00 $ 378,175.00 $ 378,175.00 $ $ 103,500.00 $ 62,500.00 $ 62,500.00 $ 32,500.00 $ 32,500.00 $ 1,163,655.00 $ 1,267,155.00 $ 116,365.00 $ 126,716.00 $ 1,280,020.00 $ 1,393,871.00 $ 192,295.00 $ 96,147.50 $ 96,147.50 $ 46,375.00 $ 23,187.50 $ 23,187.50 $ 43,395.00 $ $ 43,395.00 $ 26,305.00 $ 13,152.50 $ 13,152.50 $ 2,275.00 $ 1,137.50 $ 1,137.50 $ 11,575.00 $ $ 11,575.00 $ 83,360.00 $ 41,680.00 $ 41,680.00 $ 16,640.00 $ $ 16,640.00 $ 42,680.00 $ 21,340.00 $ 21,340.00 $ 7,320.00 $ $ 7,320.00 $ 472,220.00 $ 196,645.00 $ 275,575.00 1 Represents 65.58% of Estimated Cost 2 Represents 50% of Estimated Cost 3 Represents 85.36% of Estimated Inspection Cost ($100.000) 4 Represents 85.36% of Estimated Testing Costs