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Ordinance No. 16,135 ORDINANCE NO. 16,135 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE GULF COAST AUTHORITY PURSUANT TO AN AWARD FROM THE TEXAS GENERAL LAND OFFICE COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown,Texas,hereby authorizes an Interlocal Agreement with the Gulf Coast Authority pursuant to an award from the Texas General Land Office Community Development Block Grant Mitigation Program. A copy of the Interlocal Agreement setting forth the terms of the agreement is attached hereto, marked Exhibit "A," and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City 'ouncil of the City of Baytown this the 8"'day of May, 2025. JARLE J N N, Mayor EST: TQi^,r0,, L) e 1., ANG JACKSON,City Clei'k ,!) APPROVED AS TO F R SCOTT LEMO D,I ity Attorney R Ordinances and Resolutions.Ordmance Dratts\2025-05-MAuthorizmg Interlocal Agreement with Gull Coast Authority for GLO Award kh docx Docusign Envelope ID:8864EB7A-5FA5-4418-907C-64981 E1 BDA91 EXHIBIT "All THE STATE OF TEXAS § INTERLOCAL AGREEMENT CITY OF BAYTOWN § This Agreement is made and entered into pursuant to Texas Government Code Ann. 791.001, et seq. (the Interlocal Cooperation Act), by and between City of Baytown, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the "City," and the Gulf Coast Authority, a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Texas Constitution under Chapter 409, Acts of the 61 st Legislature of Texas, Regular Session, 1969), hereinafter referred to as the "Authority," or "GCA," each a "Party" to this Agreement, and are collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the City has been determined to be eligible for Community Development Block Grant Mitigation funding via the Texas General Land Office Regional Mitigation Program in the amount of TWO MILLION SIX HUNDRED EIGHTY-SIX THOUSAND NINE HUNDRED and NO/100 Dollars ($2,686,900.00) (the "Grant") to be used for the City of Baytown's Sewer Facilities and Street Construction Project ("the Project"). The Project will include construction improvements to four lift stations within the City, specifically, described as follows: • Cedar Bayou (Abbe) Lift Station located at 7611 North Highway 146; • Dykes Lift Station located at 5903 '/2 North Highway 146; • Staples Lift Station located at 105 Staples Drive; and • Cedar Landing Lift Station 5801 Cedar View Drive. WHEREAS, the Authority holds the Certificate of Convenience and Necessity ("CCN") from the Texas Public Utility Commission ("PUC") for the Project site locations and benefit area that will be impacted by the lift station improvement projects; WHEREAS, the City owns and operates the lift stations to be impacted by the Project and all service areas for the Project lift stations are within the territorial jurisdiction of the City; WHEREAS, the City has requested and the Authority intends to release and transfer the CCN to the City; WHEREAS, based on the CCN, the GLO requires that the City and Authority enter into an Interlocal Agreement before the GLO will release the Grant funds; and WHEREAS, it is to the benefit of the City to construct improvements to the Project lift station facilities for the use and benefit of the public, and the Authority has no objection. 1 of 6 Docusign Envelope ID:8864EB7A-5FA54418-907C-64981ElBDA91 NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the Parties, the Parties agree as follows: TERMS Section 1: Term and Termination of the Agreement This Agreement shall be deemed effective upon the date of execution below and shall remain in full force and effect until the Grant is administratively closed by the Texas General Land Office ("GLO") or the transfer of the CCN is completed, whichever occurs sooner. Section 2. Responsibilities of the Parties Parties agree that the City shall: 1. Use Grant funds budgeted from the General Land Office MIT MOD allocation contract to construct improvements to the Project lift stations (the "Improvements") described below: • Cedar Bayou (Abbe) Lift Station located at 7611 North Highway 146; • Dykes Lift Station located at 5903 '/2 North Highway 146; • Staples Lift Station located at 105 Staples Drive; and • Cedar Landing Lift Station 5801 Cedar View Drive. 2. Administer and supervise all aspects of the construction of the Project lift stations, including, but not limited to, awarding the construction contract for the Project in accordance with competitive bidding laws applicable to the City. 3. Be the repository of all receipts and documentation pertinent to the Grant and furnish such to GLO upon its request. 4. Serve as the primary contact in all matters pertaining to the Grant and be the conduit for communication between itself, the Authority, and the GLO. 5. Full ownership of the Grant-funded improvements shall belong to the City. 6. In accordance with Section 13.248 of the Texas Water Code, and subject to the approval of the PUC, agree to the expansion and modification of the boundaries of its CCN No. 20333 to include the area contained within the Property, such area to be transferred from Authority CCN No. 20465 to the area to be encompassed within CCN No. 20333. 7. The City shall be responsible for preparing and pursuing the PUC's approval of the CCN transfer or boundary modification, including the preparation of maps and 2of6 Docusign Envelope ID:8864EB7A-5FA5-4418-907C-64981E1BDA91 metadata required by PUC rules for the Property that satisfies the PUC rules. The City agrees to provide a copy of the complete application and other documents that it intends to file with the PUC to the Authority for the Authority review before they are filed with the PUC, and to receive the Authority's written approval, which shall not be unreasonable withheld, before filing them with the PUC. 8. The City agrees to pay for all expenses of the Authority in connection with the modification or transfer of the CCN, including, but not limited to legal fees of the City and the Authority related to this matter, PUC administrative fees, fees associated with preparing maps (including hard and electronic copies). 9. The City agrees to diligently pursue the transfer of the CNN and provide written updates at least every 90 days. Parties agree that the Authority shall: 1. Not interfere with the access by the City and its selected engineering, administrative, and construction contractors to those portions of the construction site of the Improvements, and to allow performance of the Grant-related duties outlined in agreements these entities shall have with the City. 2. Cooperate with all City requests for information required to fulfill the City obligations under the Grant. 3. Cooperate with the City in any attempt to modify the Grant contract with the General Land Office, should the need arise. 4. In accordance with Section 13.248 of the Texas Water Code, and subject to the approval of the PUC, agree to the modification of boundaries of the CNN to exclude the area with the City's territorial limits. 5. The Authority shall not have any oversight or obligation for contract management related to the Project or Improvements. Section 3: Payment From Current Funds 1. The City and the Authority agree that the City will pay for any expenses associated with this Agreement from then current revenues available to the City, and the City represents that it has such current revenues available. 2. The Parties agree that the Authority has no financial obligation associated with this Agreement. 3. The Parties agree that the Authority has neither oversight nor contract management of the Improvements. 3of6 Docusign Envelope ID:8864EB7A-5FA5-4418-907C-64981E1BDA91 Section 4: Miscellaneous Provisions 1. Compliance with Applicable Laws. The City shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended with no objection from the Authority. 2. Notices. Except as otherwise provided herein, all notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. City of Baytown 2401 Market Street Baytown Texas, 77520 Attention: City Manager Gulf Coast Authority 910 Bay Area Boulevard Houston, Texas 77058 Attention: General Manager/CEO 3. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. 4. Governing Law. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. 5. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 6. No Right to Arbitration. Notwithstanding anything to the contrary contained in this Agreement, the City and the Authority hereby agree that no claim or dispute between the City and the Authority arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act. In the event that the City is subjected to an arbitration proceeding 4of6 Docusign Envelope ID:8864EB7A-5FA5-4418-907C-64981 El BDA91 notwithstanding this provision, the Authority consents to be joined in the arbitration proceeding if the Authority's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. 7. Insurance. The City shall maintain and provide, and require its contractors and subcontractors to maintain and provide, insurance coverage related to the Improvements during the term of this Agreement in the minimum amounts and under the terms identified in GCA's Guidelines for Minimum Insurance Requirements for Contractors, attached hereto as Exhibit "A", incorporated by reference for all purposes. The City shall name the GULF COAST AUTHORITY as an additional insured under the City's general liability and umbrella insurance policy. The City, upon written request, shall furnish GCA with insurance certificates specifying the types and amounts of coverage in effect and the expiration dates of each. In the event any insurance policy is materially changed (including if terminated or cancelled),the Citty shall make all reasonable efforts to provide GCA written notification of such change within one (1) day in accordance with the notification section of this Agreement, and in no case later than three (3)days after the City is notified of the material change in coverage. 8. No Third-Party Beneficiaries. This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the City only. 9. Headings. The article and section headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. 10.Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 11.Authority. Each party to this Agreement represents that this Agreement has been authorized by its governing body. 12.Entire Agreement. This instrument contains the entire Agreement between the Parties relating to the rights hereunder granted and the obligations herein assumed. Any oral representation or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in writing signed by all parties hereto. 13.Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall be construed as one and the same instrument. [Signature pages to follow] 5of6 Docusign Envelope ID:8864EB7A-5FA54418-907C-64981E1BDA91 EXECUTED this the day of , 2025 CITY OF BAYTOWN, TEXAS GULF COAST AUTHORITY DocuSlgned by: JASON REYNOLDS Igna ure CITY MANAGER Elizabeth Fazio Hale (Print) General Manager/CEO (Title) ATTEST: ATTEST: DocuS gned by- V��tn:c H"A" ANGELA JACKSON (Signatu65 re) CITY CLERK Valerie Hawker (Printed Name) strategic Projects Assistant (Title) 6 of 6 Docusign Envelope ID:8864EB7A-5FA54418-907C-64981E1BDA91 Exhibit"A" SERVICES LINE OF COVERAGE LIMIT OF LIABILITY PROVIDED GUIDELINES Administrative' General Liability $500,000/$1,000,000 (Premises/Operations) Workers'Compensation WC-Statutory Employers' Liability-$500,000 Automobile Liability (include Hired & $500,000 Combined Single Limit Non-owned Autos) Professional Professional Liability $1,000,000/$3,000,000 Services" (General liability General Liability $1,000,000/$2.000.000 coverage is required (Premises/Operations) for vendors rendering professional services on GCA premises) Workers'Compensation WC-Statutory Employers' Liability-$500,000 Automobile Liability $500,000 Combined Sin le Limit Construction'"" General Liability (must specifically $1,000,000/$2,000.000 (large jobs and/or include Premises/Operations and (Minimum) high hazards) Completed Operations) Workers' Compensation WC Statutory Employers' Liability-$500,000 Automobile Liability (,nciude Hired & $500,000 Combined Single Limit Non-owned Autos) (Minimum) Umbrella Policy $1,000,000 Construction General Liability (must specifically $500,000/$1,000,000 (small jobs, low include Premises/Operations and (Minimum) hazards) Completed Operations) Workers'Compensation WC-Statutory Employers' Liability-$500,000 Automobile Liability (include Hired & $500,000 Combined Single Limit Non-owned Autos) (Minimum General Building General Liability $500,000/$1,000,000 Services°' (Premises/Operations and (Minimum) Completed Operations) Workers'Compensation WC-Statutory Employers' Liability-$500,000 Automobile Liability (include Hired & $500.000 Combined Single Limit Non-owned Autos) (Minimum)