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Home My WebLink AboutSENS RD UTILITY RELOCATION INTERLOCATION AGREEMENTHARRIS COUNTY Public Infrastructure Department 1001 Preston, 7 Floor Architecture &Engineering Division Houston, Texas 77002 (713)755-5370 March 13, 2014 City of La Porte 604 Fairmont Parkway La Porte, Texas 77571 Attn: David Mick, Director of Public Works SUBJECT: Interlocal Agreement between Harris County and the City of La Porte for the relocation of City Utilities as part of the construction of Sens Road from north of Spencer Highway to SH 225, UPIN 0210200008, and UPIN 0210200009 Dear Mr. Mick: The subject agreement was executed by Harris County Commissioners' Court on March 11, 2014. Enclosed for your record is a fully executed agreement, for your record. If you have any questions or need additional information, please call me at (713) 755-6110. Sincerely, Bill Nobles, P.E. Interagency Agreement Coordinator BN Attachment cc: Commissioner Jack Morman, Pct. 2 Dave Walden, Pct. 2 Arcadio Avalos, Pct. 2 Jeremy Phillips, Pct. 2 Misty Rios, Pct. 2 Tammy Fuselier, Pct 2 Terry Jones, HCPID Reid Mrsny, HCPID Loyd Smith, HCPID Sheryl Herbert, HCPID Nora Martinez, HCPID Central File J: WDMIN\eNobieslSens-LaPorte-Ulilites\TransmilExecAgreementdoc HARRIS COUNTY Public Infrastructure Department 1001 Preston, 7 Floor Architecture &Engineering Division Houston, Texas 77002 (713)755-5370 March 3, 2014 Honorable County Judge & Commissioners Attention: Commissioner Jack Morman SUBJECT: Recommendation by the Director of Architecture and Engineering that the County Judge be Authorized to Execute an Interlocal Agreement between Harris County and the City of La -Porte for the Relocation of City Utilities as part of the Construction of Sens Road from North of Spencer Highway to SH 225, UPIN 0210200008 and UPIN 0210200009, Precinct 2 Dear Court Members: Transmitted for your consideration is an Interlocal Agreement to be entered into between Harris County and the City of La Porte for the subject project. This Agreement has been reviewed and approved as to form by the County Attorneys Office. Therefore, it is recommended that the County Judge execute this Agreement on behalf of Harris County and it is also requested that one (1}fully executed original be returned to this office for further handling. Sincerely, �unt� P.E. Architecture &Engineering J cc: Commissioner Jack Morman Dave Walden Jeremy Phillips Arcadio Avalos Misty Rios Tammy Fuselier �� cp.�� DeWight Dopslauf � F Barbara Schott v�f le fk e f o :s A3r. � Vote of the Court Yes No Absiain Judge Emmett ❑ ❑ Comm. Lee ❑ ❑ Comm. Morman ❑ ❑ Comm. Radack ❑ ❑ Comm. Cagle ❑ ❑ Nora Martinez Central File Feesentedto Commissioner's Coal BAR t B 201� APPR®VE � � ��°" Recorded Vol Pa9e � ��f t oP� [e fk- � I � s f?s sA� ,' j:\ladmnsvc\!agenda.bid processing manager\Icourt\2014\3-11-14 Interlocal agreement -hams county and city of la Porte -Sens road.doc �P � � a� �� w� M 6�c t ej . C °r� 7 Arthur L. Sto Jr. Terry Jon 3�h•l�{ Reid Mrsny Loyd Smith Grace Tsai Mike Chang Bill Nobles Sheryl Herbert LG ✓t C'P- CCr7 INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This Interlocal Agreement is made and entered into pursuant to Chapter 791 of Lite Texas Government Code ("Interlocal Cooperation Act") by and between Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter called the "County," and the City of La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter called the "City." The County and the City may each be referred to herein as a "Party" or collectively as the "Parties." RECITALS: 1. The County intends to re -construct Sens Road fiom north of Spencer Highway to SH 225, as a 4- lane boulevard with underground storm sewer and necessary appurtenances, hereinafter called the "County Project." 2. The County Project will necessitate the relocation of certain existing City water and sewer lines (the "City Utilities") that will be in conflict with the construction of the County Project, 3. The City desires that the relocation of the City Utilities be designed and constructed by the County, as part of the County Project, 4. It is to the mutual benefit of the County and the City to construct the County Project to incorporate relocated City Utilities. The combination of the County Project with the relocated City Utilities is hereinafter called the "Project." 5. The County is willing to incorporate the construction of the City Utilities into the conshuction of the County Project, and administer the construction of the Project including the City Utilities, if the City will contribute the "City Costs", which are defined as the sum of: i) 100% of the construction cost, including construction materials testing (CMT), of the relocation of the City Utilities, ii) a fixed fee of $11,507.00 to fairly compensate the County for engineering costs in connection with the design of relocation of the City Utilities, and iii) 5% of the total cost of the design and construction of the relocation of the City Utilities to fairly compensate the County for associated administration expenses. TERMS: For and in consideration of the mutual covenants, agreements and benefits to the Parties herein named, it is agreed as follows: 1. Upon execution of this Agreement, the County shall provide engineering and related services necessary to incorporate the construction of the relocated City Utilities into the plans, specifications, and estimates (PS&E) for construction of the County Project, and submit copies of same to the City for written approval by the Mayor of the City, or his designee. The City shall provide written approval or C:\Users\Michelle\AppData\Local\Microsoft\Windows\Temporary Interne[ Files\Content.Outlook\7QWRTDM3\SensAgreement-LaPorte 13GEN1896 crl- Clean-LPnrBNr2-6-14-Final.doc 1 comments to the County within ten (10) days of receipt of the PS&E, and the County shall attempt to address such comments, if any, and resubmit to the City as in the first instance if necessary, and the City shall provide written approval or comments as in the first instance. 2. Upon approval by the City of the PS&E in regards to the incorporation of the City Utilities into the County Project, the County may advertise for and receive bids for the construction of the Project 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 construction of the Project, the 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 final and conclusive. The County Engineer, or his designee, shall then estimate the projected City Costs based on such bid. 4. In the event the estimated City Costs, plus an additional amount equal to 10% of the estimated construction cost of the City Utilities to cover potential cost increases during construction ("City Costs plus 10%"), 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 Costs plus 10%. The City will remit to the County within thirty (30) days of such notification, its payment in an amount equal to the estimated City Costs plus 10%. In the event the estimated City Costs plus 10%, is greater than the maximum sum available to the City pursuant to Section 13 of this Agreement, the County Engineer, or his designee, shall notify the City of the estimated City Costs plus 10%, and the City may remit to the County within thirty (30) days of such notification, its payment in an amount equal to the estimated City Costs plus 10%. 5. In the event the estimated City Costs plus 10% is greater than the maximum sum available to the City pursuant to Section 13 of this Agreement and the City does not opt to exercise its option under Section 4 to provide additional funding, the 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 payment in an amount equal to $158,792.03, less any amounts previously paid. 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. C:\Users\Michelle\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\7QWRTDM3\SensAgreement-LaPorte 13GEN1896 crl- Clean-LAn-BNr2-6-14-Final.doc 2 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 for construction of the Project 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 provided in Section 12 of this Agreement. 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 for the Project. 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, the 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 8. Funds paid by the City to the County pursuant to Sections 4 or 5 of this Agreement shall not be used by the County for any purpose other than paying or reimbursing City Costs. 9. 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, exceed an amount equal to the actual City Costs, 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, are less than an amount equal to the actual City Costs, 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 or condition of the Project facilities during construction of the Project. Upon completion of the Project, the County will assume responsibility for the maintenance and repair of the Project to the same extent and in the same manner as other like facilities within the County, except that the City shall assume responsibility for maintenance and repair in regards to the City Utilities, as finally incorporated into the County Project. 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 party. After termination, neither party shall have any further obligations hereunder, except as follows: The County shall return to the City any funds which the City has paid to the County hereunder less the City Costs C:\Users\MichelleWppData\Local\MicrosoR\Windows\Temporary Internet Files\Content.Outlook\7QWRTDM3\SensAgreemen[-LaPorte I3GBNI896 crl- Clcan-LPm-BNrL-6-l4-FinaLdoc 3 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 City Costs 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 City Costs 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 Utilities, 13. Notwithstanding any other provision of this Agreement, it is expressly understood and agreed that County's expenditures necessary to satisfy its obligations under this agreement are subject to certification of funds by the County Auditor, and the City is not obligated to expend more than the maximum sum of $158,792.03 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 Party 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. Address for notice shall be as follows: To City: City of LaPorte 604 Fairmont Parkway LaPorte, Texas 77571 Attn: David Mick, Director of Public Works To County: Harris County Public Infrastructure Departrrlent Architecture and Engineering Division 1001 Preston, 7t11 Floor Houston, Texas 77002 Attn.: Interagency Agreement Coordinator C:\Osers\MichelleWppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\7QWRTDM3\SensAgreement-LaPorte 13GEN1896 crl- Clean-LPm-BN2-6-14-PinaLdoc 4 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 Parties' respective 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 Mt-`,' r .1 2014 , 2014, 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 �CL day of t ' I t, d li ,,. 2014, been executed on behalf of the City by the Mayor and attested y its City Secretary, pursuant to ordinance of the City Council of the City of La Porte authorizing such execution. APPROVED AS TO FORM: VINCE RYAN County Attorney / 1 t_ (( t By: u Clyde Leuc tag Assistant County Attorney C.A. File No.: 13GENI896 ATTEST l By r i %L/L City Secretary,/ ` APPROVED AS TO FORM: City Attorney, LaPorte, Texas HARRIS COUNTY By: Ed Emmett County Judge CITY OF LA PORTE C:\Users\Darlene\AppDatalLocal\Ivticrosoft\WindowslTemporary Internet Files\ContenLOutlook\KFT9IPYU\SensAgreement-LaPorte 13GEN1896 crI-Clean- LPm-BNr2-6-14-Final.doc 5 ORDER OF COMMISSIONERS COURT Authorizing an Interlocal Agreement with the City of La Porte The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the Harris County Administration Building in the City of Houston, Texas, on I with all members present except ocgP f A quorum was present. Among other business, the following was transacted. ORDER AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF LA PORTE FOR THE RELOCATION OF CITY UTILITES AS PART OF THE CONSTRUCTION OF SENS ROAD FROM NORTH OF SPENCER HIGHWAY TO SH 225 Commissioner introduced an order and moved that Commissioners Court adopt the order. Commissioner (4e seconded the motion for adoption of the order. The motion, carrying with it the adoption of tie order p prevailed by the following vote: Yes No Abstain Judge Ed Emmett ❑ ❑ Comm. El Franco Lee ❑ ❑ Comm. Jack Morman ❑ ❑ Comm. Steve Radack ❑ ❑ Comm. R. Jack Cagle ❑ ❑ The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order adopted follows: IT IS ORDERED that: 1. The Harris County Judge is authorized to execute on behalf of Harris County an Interlocal Agreement with the City of La Porte for the relocation of City Utilities as part of the construction of Sens Road from north of Spencer Highway to SH 225. The Interlocal Agreement is incorporated by reference and made a part of this order for all intents and purposes as though set out in full word for word. 2. The contribution of $158,792.03 for the specific purpose is accepted, and all Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purposes of this order. C:\Users\MichelleWppData\Local\MicrosoR\Windows\Temporary Internet Files\Content.Outlookl7QWRTDM3\SensAgreement-LaPorte 130EN1896 crl- Clean-LPm-]3Nr2-6-14-Final. doe