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