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HomeMy WebLinkAboutO-2010-3228 roadway improvements/Fairmont Parkway-from state Highway 146 to 500 feet west of 16th Street E REQUEST FOR CITY COUNCIL AGENDA ITEM genda Date Requested: March 22.2010 Budl!et equested By: John Joerns Source of Funds: 005 epartment: Administration Account Number: 005-9892-788-11-00 eport: Resolution: Ordinance: x Amount Budgeted: $650,000 Ordinance Amount Requested: $364,2'7; Exhibits: Exhibits: Interlocal Al!reement Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION When Harris County was planning improvements to Fairmont Parkway between SH146 and South 16th Street, they were going to re-construct it as a four (4) lane roadway. Due to the commercial area(s) fronting and near Fairmont Parkway and the need for additional turning lanes the City requested consideration of six (6) lanes. Harris County agreed, if the City covered the costs for the additional two (2) lanes. Council agreed and budgeted funds to cover costs of the two (2) additional lanes. The lnterlocal Agreement establishes the framework for the City's funding. Key features are: 1. City can terminate the Agreement prior to final right-of-way acquisition and final approval of plans, specifications and estimates. 2. City contribution is set at $364,275, which includes engineering, construction of2 lanes, utility adjustments and geotechnical services. 3. After bid opening and if additional funds are required; a. City and/or County can provide/negotiate the additional funds needed b. Or bids may be rejected Action Required bv Council: Ordinance approving the lnterlocal Agreement and authorizing the Mayor to execute the e s. 3j7)D Date ORDIRAlfCB lfO. 2010- 3 d () <8 Alf ORD:IlfAlfCB APPROVIRG ABD AUTHORIZING Alf IR'l'BRLOCAL AGRBJD[IR'l' BBTlfBBIJ TBB CITY 01' LA PORTB AHJ) HARRIS COUHTY, I'OR COOPBRATIOlf OR COlfSTRUCTIOR AHJ) I'UBDmG 01' ROADWAY DlPROVBIIBRTS OR I'AI:RIIOR'l' PARXNAY, PROK STATB HIGHWAY 146 TO 500 I'BBT WBST 01' 16TH STRBBT, JIAlCmG VARIOUS I'IRDmGS AHJ) PROVISIORS RBLATmG TO THB SUBJECT, I':IRDIlfG COIIPL:IAlfCB WITH TBB OPBR IIBBTntGS LAW, ABD PROVIDIRG Alf BI'I'BCT:IVB DATB HBRBOI'. 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 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 I this dJJJ day of M. arcl-- I 2010. By: 3~vtl Barry Beasley Mayor ATTEST: ~~G~~ City Secretary APPROVED: ~-r~ Clark T. Askins Assistant City Attorney 2 AGREEMENT THE STATE OF TEXAS S S COUNTY OF HARRIS S This Agreement, 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 UIider the laws of the State of Texas, hereinafter called "City"; RECITALS: 1. The County and City are entering into this Agreement to cooperate in the construction and funding of roadway improvements on Fairmont Parkway from S.H. 146 to approximately 500 feet west of 16th Street as a six (6) lane reinforced concrete boulevard with curb and gutter, storm sewer, outfalls, structures, left turn lanes, transitions, sidewalks and pedestrian ramps, with the scope of work to include adjustment/relocation/modification of any water and/or sanitary sewer utilities to resolve conflicts with the other construction (such water and/or sanitary sewer utilities being hereinafter called the "City Utilities" and such adjustment/relocation/modification being hereinafter referred to as the "City Utility Work"), and all necessary appurtenances, said construction being hereinafter called the "Project". 2. The City is willing to contribute (a) an agreed amount of $63,715.00 to reimburse the County for engineering costs associated with the inclusion of the two inside lanes, new sidewalks, pedestrian ramps, and the City Utility Work as part of the Project, (b) 7% of the actual construction cost of all parts of the Project other than the City Utility Work and (c) 1 00% of the actual construction cost of the City Utility work, the total of items (a), (b), and (c) being hereinafter called the "City Contribution". 3. The County is willing to accomplish the engineering and related services (Engineering) necessary for the design of the Project, will acquire any necessary right of way, will adjust or cause to be adjusted any non-City owned utilities, will administer the design and construction contracts for the Project (including day to day inspection and materials testing), and will contribute the remainder of the Project costs in accordance with the terms of this Agreement, such remaining costs being hereinafter called the "County Contribution." NOW, THEREFORE, pursuant to the authority granted by the Interlocal Cooperation Act (Chapter 791 of the Texas Government Code), and in consideration of the mutual covenants, agreements, and benefits to both parties, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: J:\ADMIN\NHudson\Agreements 201 0\LaPorte-FairmontPkwy-3-4-1 OmDCW (2)-Fina12.doc I Within two hundred seventy (270) days after execution of this Agreement the County shall prepare, or cause to be prepared plans, specifications, and estimates (PS&E) in accordance with the usual requirements of County, and will perform all engineering for the design of the Project. Upon completion of the said PS&E County will deliver the same to City for review and approval. City agrees that it will endeavor to approve the PS&E, and deliver written notice of same to County, not later than thirty (30) days after receipt of same. II It is understood that the County will be responsible for acquisition of any rights-of-way for the Project, and for accomplishing the adjustment/relocation/replacement of any non-City utilities/pipelines necessary for the construction of the Project (with the understanding that the City Utility Work is to be accomplished under the Project construction contract). If the County is unable to acquire the necessary rights-of-way and/or accomplish the adjustment/relocation/replacement of such non-City utilities, the City's sole remedy shall be to terminate this Agreement as provided below. III Within sixty (60) days after the approval of the PS&E by City described in Section I, accomplishment of all utility/pipeline adjustments/relocations/replacements (excluding the City Utility Work, which will be included in the construction contract for the Project), and acquisition of any necessary rights-of- way for the Project, County will advertise for and receive bids for the construction of the Project in accordance with the approved PS&E in a manner similar to that of other like County Projects. IV Upon receipt and tabulation of the bids for the Project, County will determine the lowest and best bid for the construction of the Project. The County's determination of such lowest and best bid shall be fmal and conclusive. The County Engineer, or his designee, shall then estimate the projected County Contribution and City Contribution based on such bid and previously incurred costs, which estimate may include an additional 10% of the bid as a contingency for potential change orders. In the event the estimated County Contribution does not exceed the maximum sum available to the County per Section XII below and the estimated City Contribution does not exceed the maximum sum available to the City per Section XII below, the County Engineer, or his designee, shall notify the City of the estimated City Contribution. 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 Contribution. In the event the estimated County Contribution is less than the maximum sum available to the County per Section XII below and the estimated City Contribution is greater than the maximum sum available to the City per Section XII below, the County Engineer, or his designee, shall notify the City of the estimated City Contribution and the City may, in its discretion, 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 Contribution. -2- J:\ADMlN\NHudson\Agreements 201 0\LaPorte-FairmontPkwy-3-4-1 OmDCW (2)-Fina12.doc v In the event the estimated County Contribution is greater than the maximum sum available to the County per Section XII below, or if the estimated City Contribution is greater that the maximum sum available to the City per Section XII below, or if both situations occur, and the City does not opt to 1) exercise its option under Section IV to provide additional funding, 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 payable to Harris County Treasurer in an amount equal to $364,275.00. 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 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. VI Within thirty days after receipt of funds from City under the terms of this Agreement, the County shall award the contract to the lowest and best bidder, in accordance with the usual and customary procedures of the County, subject to certification of the availability of funds by the County Auditor. Notwithstanding the above, 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. VII The County shall be responsible for administering the construction contract. During the construction of the Project, 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, City 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.h -3- J :\ADMIN\NHudson\Agreements 201 O\LaPorte-FairmontPkwy-3-4-1 OmDCW (2)-Final2.doc VIII Upon the completion of the construction of the Project, the County shall perform, or cause to be performed, a fmal accounting. If the amount forwarded to the County by the City under Section IV or V is greater than the actual amount of the City Contribution, the County shall promptly pay over to the City the surplus. If the amount forwarded to the County by the City under Section IV or V is less than the actual City Contribution, the City shall promptly pay to the County the difference between its contribution under Section IV or V and the actual City Contribution, subject to the City's maximum obligation as set forth in Section XII. IX Upon the completion of the construction of the Project, Fairmont Parkway from S.H. 146 to approximately 500 feet west of 16th Street including the six (6) lane reinforced concrete boulevard with curb and gutter, storm sewer, outfalls, structures, left turn lanes, transitions, sidewalks and pedestrian ramps and all necessary appurtenances constructed within the scope of the Project, but not the City Utilities, shall be a part of the County's system of roads subject to maintenance and repair by the County to the same extent as other County roads. The City shall be responsible for the maintenance and repair of the City Utilities. X The County may make such changes and amendments to the drawings and specifications within the general scope of the approved Project including the City Utilities as the County Engineer deems necessary or desirable during construction of the Project including the City Utilities so long as the original scope and intent of the Project including the City Utilities is unchanged. XI The City may terminate this Agreement at any time prior to acquisition of all rights-of- way for the Project by the County and approval of the PS & E by the City. The County may terminate this Agreement, without cause, at any time prior to the entry into the Contract for construction of the Project including the City Utilities, by written notice to the other party. After termination, neither party shall have any further obligations hereunder, except as follows: County shall return to the City any funds which the City has paid to the County less $63,715.00, the agreed cost of designing new sidewalks, pedestrian ramps, and the City Utility Work as part of the Project; or, if the City has not yet paid the estimated City Contribution to the County hereunder, the County Engineer shall determine and inform the City of the percentage of completions of the design of new sidewalks, pedestrian ramps, and the City Utility Work as part of the Project at the time of such termination, and the City shall pay to the County an amount equal that portion of $63,715.00 equal to that percentage amount of completion. -4- J:\ADMlNINHudson\Agreements 201 0\LaPorte-FainnontPkwy-3-4-1 OmDCW (2)-Fina12.doc XII 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 $4.920.271.00 to satisfy its obligations under this Agreement. Not withstanding any other provision of this Agreement, it is expressly understood and agreed that City is not obligated to expend more than the maximum sum of $364.275.00 to satisfy its obligations under this Agreement. XIII 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 herein below or at such other address as the other party may have theretofore prescribed by notice to the sending party. Addresses for notice shall be as follows: CITY City of La Porte 604 Fairmont Parkway La Porte, Texas 77571 Attention: John Joerns County: Harris County Public Infrastructure Department Architecture and Engineering Division 1001 Preston, 7tb Floor Houston, Texas 77002 Attention: Contract Administration XIV The City or 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. -5- J :\ADMIN\NHudson\Agreements 201 O\LaPorte- FairmontPkwy-3-4-10mDCW (2)- Final2.doc xv 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 party hereto. XVI 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, 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: APR 1 3 2010 a. It has on the _ day of , 20 I 0, 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 , 20 I 0, been executed on behalf of City by its Mayor attested by its City Secretary, pursuant to an ordinance of its City Council authorizing such execution. APPROVED AS TO FORM: HARRIS COUNTY VINCE RYAN County Attorney By ..v_c DON C. WHIT Assistant County Attorney By ~~rlL County Judge ATTEST: Ljj~Lt6( . C y Secretary / } By ,/~ -6- J:\ADMIN\NHudson\Agreements 201 0\LaPorte-FairmontPkwy-3-4-1 OmDCW (2)-FinaI2.doc THE STATE OF TEXAS S COUNTY OF HARRIS S 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 APR 1 3 2010,2010, with the following members present, to-wit: Ed Emmett EI Franco Lee Sylvia R. Garcia 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: tVOf"'~ constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR JOINT FUNDING OF THE CONSTRUCTION OF IMPROVEMENATS ON FAIRMONT PARKWAY FROM S.H. 146 TO APPROXIMATELY 500 FEET WEST OF 16TII STREET. Commissioner \-ee. introduced an order and made a motion that the same be adopted. Commissioner G ~ Q. c.. I .^" 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 Emmett D D Comm. Lee D D Comm. Garcia D D Comm. Radack D D Comm. Eversole D D 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 roadway improvements on Fairmont Parkway from Fairmont Parkway from S.H. 146 to approximately 500 feet west of 16th Street, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. Presented to Commissiol1e,Js Ceu. ]:\ADMIN\NHudson'Agreements 201 0\LaPorte-FainnontPkwy-3-4-1 OmDCW (2)-Fina12.doc APR 1 3 2010 APPROVE Recorded VOI~~.~_ !.;....,,--- HARRIS COUNTY Public Infrastructure Department Architecture & Engineering Division 1001 Preston, 7th Floor Houston, Texas 77002 (713) 755-5370 Mr. John Joerns City of La Porte 604 Fairmont Parkway La Porte, Texas 77571 SUBJECT: Interagency Agreement between Harris County and the City of La Porte for the Construction of Fairmont Parkway from S.H. 146 to Approximately 500 Feet West of 16th Street, APIN 9910200002 RECE\VED i- .' '2 3 20\0 C\TY MANAGER'S OFFICE APR 2 9 20\0 April 21, 2010 Dear Mr. Joerns: The subject agreement was executed by Harris County Commissioners' Court on April 13, 2010. Enclosed for your record is a fully executed agreement. If you have any questions or need additional information, please call me at (713) 755-6110. Sincerely, ~~ Bill Nobles, P.E. Manager of Contract Administration BN/dt Attachment cc: Commissioner Sylvia R. Garcia, Pct. 2 Roel Garcia, Pct. 2 Janice B. Gray, HCPID Jack Rodriguez, HCPID Sheryl Herbert, HCPID Nora Martinez, HCPID Central File j:\admnsvc\dteague\word\4-20-1 O-joerns-fairmont parkway.doc