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Home My WebLink AboutResolution No. 2007-19 RESOLUTION NO. R2007-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE, AND THE CITY SECRETARY TO ATTEST, THAT CERTAIN INTERAGENCY AGREEMENT BETWEEN THE CITY AND HARRIS COUNTY REGARDING CONSTRUCTION OF EL DORADO BOULEVARD (FRIENDSWOOD LINK ROAD) FROM BEAMER ROAD TO BLACKHAWK. * � � � � BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That the Mayor and City Secretary be, and they are hereby, authorized and directed to execute and attest, respectively, that certain "Interagency Agreement," by and between the City and Harris County. A copy of such Agreement is attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED,APPROVED, and RESOLVED this 16th day of Apri12007. 'F r David J. H. Smith Mayor ATTEST: �� FR�ENO� � � � V O� Deloris McKenzie, TRMC � � * City Secretary a�, �rE � ��' AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This Agreement ("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 Friendswood, hereinafter called "City"; RECITALS 1. The County has commenced engineering work for the construction of El Dorado Boulevard from Beamer Road to Friendswood Link Road, hereinafter called the "County Segment." 2. The City desires that the County design and construct an additional segment of El Dorado Boulevard from Friendswood Link Road to Black-hawk- that that is within the City limits of the City, this additional segment hereinafter called the City Segment. 3. The construction of the County Segment and the City Segment together is hereinafter called the Proj ect. 4. The City is willing to provide all costs of design, right-of-way, utility adjustments and/or relocations, and construction costs of the City Segment, hereinafter called the City Segment Costs, in accordance with the terms of this Agreement if the County designs and constructs the Project in accordance with this Agreement. 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 sixty (60) days after execution of this Agreement, City shall transmit $331,806.00, the estimated City Segment Costs. The County may use such funds only for the purpose of paying the City Segment Costs. 2. If the County has not produced drawings and specifications for the Project, which includes drawings for the City Segment, and submitted such drawings and specifications to the City for review within three hundred sixty (360) days after execution of this Agreement, the City may terminate this Agreement by notice to the County, provided that notice of termination is received by the County prior to award of the construction contract for the Project, and the County shall refund the unexpended funds previously awarded by the Agreement, in a timely manner. 3. The City shall have thirty (30) days to provide a written approval or objection to the County's initial submittal of such drawings and specifications. The City shall have ten (10) days to provide a written approval or objection to any subsequent submittals of such drawings and specifications. If the City has not provided written approval or objection, within the periods required by this section, such drawings and specifications shall be deemed approved by the City. If the County has not awarded a construction contract for the Project, which includes construction of the City Segment in accordance with drawings and specifications for the City Segment approved by the City, and made funds available for such construction contract within one hundred eighty (180) days after approval of such drawings and specifications by the City, the City may terminate this Agreement, provided that notice of termination is received by the County prior to award of the construction contract for the Project, and the County shall refund the unexpended funds previously awarded by the Agreement, in a timely manner. 4. The County shall have no obligation to expend any County funds to cover City Segment Costs. Should the amount previously sent to the County by the City hereunder be determined insufficient to cover the City Segment Costs, the County shall have no obligation to proceed or perform any work in regard to the City Segment unless and until the City forwards additional funds as the County may request to cover such costs. 5. Should the County award and make funds available for a construction contract for the Project, including construction of the City Segment in accordance with drawings and specifications approved by the City, upon completion of the Project, the County Engineer shall determine the actual City Segment Costs. If the actual City Segment Costs are less than $331,806.00 plus any additional funds that may have been sent by the City for City Segment Costs, the County shall refund to the City the difference between the City's previous payments and the actual City Segment Costs, as determined by the County Engineer, within sixty (60) days of such determination. 6. City shall have the right of access to the site of construction of the City Segment, and shall have the right to review all documents, maps, plats, records, photographs, reports or drawings affecting the City Segment and its 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. 7. It is understood that the City shall not be obligated to expend in excess of $331,806.00 except to the extent it voluntarily makes additional funds available to the County. It is understood and agreed that any expenditure of County funds is at the sole option of the County. 8. 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. 9. All notices and communications under this Agreement must be mailed by certified mail, return receipt requested, or delivered, to City at the following address: City of Friendswood Community Development 910 South Friendswood Drive Friendswood, Texas 77546 Attention: City Engineer 2 All notices and communication under this Agreement must be mailed by certified mail, return receipt requested, or delivered to the County at the following address: Harris County Harris County Administration Building 1001 Preston Avenue, 7the Floor Houston, Texas 77002 Attention: County Engineer 10. 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: 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: 5 2007a. It has on the day of JUN 0 , 2007, 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. f b. It has on the T/1day of lu L , 2007, 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 Friendswood authorizing such execution. APPROVED AS TO FORM: HARRIS COUNTY MICHAEL A. STAFFORD County Attorney By� -L... 1 By DON C. WHITLEY ED EMMETT Assistant County Attorney County Judge 4 ATTEST CITY OF FRIEND S WO OD By - B o De oris Mckenzie, T C v id J. H. Smith City Secretary * yor q THE STATE OF TEXAS § COUNTY OF HARRIS § 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 JUN 0 5 20o7 , 2007, with the following members present, to-wit: Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Sylvia R. Garcia Commissioner, Precinct No. 2 Steve Radacl< Commissioner, Precinct No. 3 Jerry Eversole Commissioner, Precinct No. 4 and the following members absent, to-wit: , constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF FRIENDSWOOD REGARDING CONSTRUCTION OF EL DORADO BOULEVARD FROM BEAMER ROAD TO BLACKHAWK Commissioner A 01introduced 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 Judge Emmett Q F-1 ❑ Comm. Lee ❑ F-1 ❑ Comm. Garcia El ❑ El Comm. Radack Ll ❑ El Comm. Eversole Ffl ❑ ❑ 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 Friendswood, regarding construction of El Dorado Boulevard from Beamer Road to Blackhawlc, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. Presented to Commissioner's Court JUN g 5 2007 APPROVE Recorded Vol .Page