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HomeMy WebLinkAboutO-2010-3284 interlocal agreement with Harris County/bicycle-pedestrian pathway in the Sens Road Roadway Improvements L REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 11, 2010 Appropriation Requested By: Stephen L. Barr Source of Funds: Fund ]::; Department: Park~ & Recreation Acc't Number: 005-9892-616-1100 Report: _Resolution: _Ordinance: ~ Amount Budgeted: 300,000 Exhibits: Ordinance Amount Requested: N/A Exhibits: Interlocal Agreement - HC - CoLP Exhibits: SUMMARY & RECOMMENDATION The Sens Road/Bay Area Boulevard expansion from Spencer to SH 225 is currently under design by Harris County, with City of La Porte participation. This roadway is also on the City's Bicycle-Pedestrian Master Plan for pedestrian and bicycle access as a continuation of the Bay Area Boulevard Trail that is currently under construction. Harris County does not provide sidewalks or other pedestrian-bicycle access as a part of its roadway provision services. At the June 28' 20 I 0 City Council workshop, staff requested permission to proceed with preparation of an Interlocal Agreement with Harris County to add this portion of the trail system to the design Scope of Work for the engineering fIrms designing the roadway. The fIrms have submitted proposals and cost estimates totaling $272,639, to add the additional pathway to the project. In anticipation of the agreement, the City Council approved $300,000 in the FY20 1 0-20 II Capital Improvement budget for this project. The Interlocal Agreement with Harris County to include the cost of design and eventual construction of the bicycle-pedestrian pathway as a part of the road improvements to the Sens Road Project is presented for your consideration and approval. Once approved by both the City and Harris County, staff will proceed with the design portion of the contracts. Staff is recommending that the ordinance authorizing the inclusion be approved, as a continuation of the City's Bicycle-Pedestrian Trail Plan. Action Required bv Council: Consider approval of an ordinance authorizing the Mayor to approve an Interlocal Agreement the City of La Porte and Harris County to include a bicycle-pedestrian pathway in the Sens Road Improvements Project. to I" ~D Date ORDINANCE NO. 2010- 3234 AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY FOR DESIGN AND IMPLEMENTATION OF A PEDESTRIAN PATHWAY TO BE INCLUDED IN PROPOSED ROADWAY IMPROVEMENTS FOR SENS ROAD, ACCORDING TO THE TERMS OF THE AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 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. Page 1 of2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 11TH day of October, 2010. CITY OF LA PORTE By: ATTEST: Ljy;auIl(1~ Martha Gillett, City Secretary APPROVED AS TO FORM: ~r~ C rk . Askins, Assistant City Attorney Page 2 of2 AGREEMENT THE STATE OF TEXAS 9 9 COUNTY OF HARRIS 9 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. The County intends to construct Sens Road (2773302) from North of Spencer Highway to S.H. 225 as a four lane reinforced concrete curb and gutter roadway with a continuous turn lane (fifth lane), and all necessary appurtenances, hereinafter called the "Project." 2. The City desires that a pedestrian pathway and related appurtenances, hereinafter called the "City Improvements", be constructed as part of the Project. 3. The County is willing to construct the City Improvements as part of the Project if the City will contribute all costs attributable to the City Improvements, including but not limited to costs of engineering and related support services, construction, construction support services, and materials testing, hereinafter the "City Contribution." 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. Upon execution of this Agreement, the County shall endeavor to prepare, or cause to be prepared, plans, specifications, and estimates (PS&E) for the Project, including the City Improvements, and submit copies of same to the City for written approval by the Mayor of the City, or his designee. 2. The County shall undertake to acqUire all right-of-way necessary for the Project by purchase, gift, donation or exercise of the power of eminent domain and accomplish relocation/adjustment/modifications to any utilities or pipelines not owned by the City. If the County fails to accomplish such right-of-way and entry rights and relocation/adjustment/modifications to any utilities or pipelines, the City's sole remedy shall be to terminate this Agreement as provided below. Within sixty (60) days of acquisition by the County of all right-of-way or entry rights necessary for the Project, accomplishment of J :\ADMIN\NHudsonlAgreements 201 0\SensRd-LaPorte-9-28-1 Om(2)DCW- Final. DOC relocations/adjustments/modifications to any utilities or pipelines, and approval of PS&E for the Project in accordance with Section 1, the County will advertise for and receive bids for the construction of the Project, including the City Improvements in accordance with the approved PS&E in the manner similar to that of other like County projects. 3. Upon receipt and tabulation of the bids for the Project, including the City Improvements, County will determine the lowest and best bid for the construction of the Project, including the City Improvements. 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 Contribution and City Contribution based on such bid and previously incurred costs. Such estimate of the City Contribution shall include an amount equal to 10% of the amount of the bid attributable to the City Improvements to pay for potential cost increases during construction. 4. In the event the estimated County Contribution does not exceed the maximum sum available to the County per Section 13 below and the estimated City Contribution does not exceed the maximum sum available to the City per Section 13 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 13 below and the estimated City Contribution is greater than the maximum sum available to the City per Section 13 below, the County Engineer, or his designee, shall notify the City of the estimated City Contribution 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 Contribution. 5. In the event the estimated County Contribution is greater than the maximum sum available to the County per Section 13 below, or if the estimated City Contribution is greater that the maximum sum available to the City per Section 13 below or if the estimated City Contribution is greater than the maximum sum available to the City per Section 13 below and the City does not opt to exercise its option under Section 4 to provide additional funding, or if both situations occur, 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 $307,099.24 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. 2 J :\ADMIN\NHudson\Agreements 201 0\SensRd-LaPorte-9-28-1 Om(2)DCW - Final.DOC 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. 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 8. Any funds paid by the City to the County per Sections 4 or 5 above shall not be used by the County for any purpose other than paying or reimbursing City Improvement Costs. 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 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 amounts paid by the City to the County hereunder, including interest earnings thereon, exceeds an amount equal to the actual City Contribution, 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, including interest earnings thereon, are less than an amount equal to the actual City Contribution, the City shall promptly pay over the amount of such deficiency to the County, subject to the funding limitations in Section 13. 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 3 J :\ADMIN\NHudson\Agreements 201 0ISensRd-LaPorte-9-28-1 Om(2)DCW - Final.DOC or condition of the Project facilities during construction of the Project. Upon completion of the Project, the City will assume responsibility for the maintenance and repair of the City Improvements to the extent and in the same manner as other like facilities within the City. 11. The County may make such changes and amendments to the drawings and specifications within the general scope of the approved PS&E 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 patty. 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 hereunder less the costs attributable to City Improvements incurred prior to such termination, together with the interest earned on such returned funds; or, if the City has not yet paid any funds to the County hereunder, the County shall notify the City of the amount of costs attributable to City Improvements 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 costs attributable to City Improvements incurred prior to termination. After termination of this Agreement, the County may continue, at its option, with construction of the Project, with or without the City Improvements. 13. 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 $11,927,620.95 to satisfy its obligations under this Agreement, and the City is not obligated to expend more than the maximum sum of $307,099.24 to satisfy its obligations under this Agreement, but either party may at its option make further funds available. 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. 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. 4 J :\ADMIN\NHudson\Agreements 201 O\SensRd- LaPorte-9-28-1 Om(2)DCW- Fina1.DOC Address for notice shall be as follows: To City: City of La Porte 604 Fairmont Parkway La Porte, Texas 77571 Attention: John Joerns To County: Harris County Public Infrastructure Department Architecture and Engineering Division 1001 Preston, 5th Floor Houston, Texas 77002 Attention: Contract Administration 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: OCT 2 6 2010 a. It has on the _ day of , 2010, 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 \ ,'I 4W day of O~ ~( , 2010, 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. 5 J :\ADMIN\NHudson\Agreements 20 I O\SensRd- LaPorte-9-28- I Om(2 )DCW - FinaLDOC APPROVED AS TO FORM: HARRIS COUNTY VINCE RYAN County Attorney " By: ---L.:.> t/-----' Don C. Whitley Assistant County Attorney By: W~tK Ed Emmett County Judge ATTEST CITY OF LA PORTE BYGIYI~~ Martha Gillett City Secretary APPROVED AS TO FORM: By:~T./f~ rk T. Askins Assistant City Attorney 6 J :\ADMIN\NHudson\Agreements 20 I 0\SensRd-LaPorte-9-28-1 Om(2 )DCW - Final.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 CounW Administration Building in the City of Houston, Texas, on the _ day of OCT ,;., 6 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. I Commissioner, Precinct No.2 Commissioner, Precinct No.3 Commissioner, Precinct No.4 and the following members absent, to-wit: 1'00 r~~ 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 SENS ROAD FROM NORTH OF SPENCER HIGHWAY TO S.H. 225 Commissioner motion that the same be adopted. motion for adoption of the order. prevailed by the following vote: h...e e intr~uced an order and made a Commissioner l::) vVlC \ ('-- seconded the The motion, carrying with it the adoption of the order, Yes No Abstain Judge Emmett D D Comm. Lee D 0 Comm. Garcia 0 0 Comm. Radack D 0 Comm. Eversole D 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 County, an Agreement by and between Harris County and the City of, for joint funding of the construction of Sens Road (2773302) from North of Spencer Highway to S.H. 225 as a four lane reinforced concrete roadway with a continuous turn lane (fifth lane), curb and gutter, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. Presented to Commissioner's Court J :\ADMIN\NHudson\Agreements 201 0\SensRd-LaPorte-9-28-1 Om(2 )DCW- Final.DOC OCT 26 2010 APPROVE Recorded Vol__ Page