Ordinance No. 3,795•
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ORMANCE N0. 3795
AN ORDINANCE AUTHOPJ23NG AND DRECTIIM 7W QTY MI N+ AGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN
iINTERLOCAL AGREEMENT WITH HARRIS COUNTY FLOOD CONTROL
DISTRICT FOR THE CONSTRUCTION OF THE BAYwAY O i><liFJ IWERR
ROAD ORANA(E DITCH PROACT; AIiIHOREMNU PAVW1WF BY iFE
CITY OF THREE H# "MED SEVEN 71 �i ND FINE } D AND
NO 1100 (S307,500.00) DOLLARS; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWK
71EXASt
Section 1: That the City Council of the City of Baytown, Texas, hereby
approves an Interlocal Agreement with Harris County Flood Control District and
authorizes and directs the City Manager and City Cie* of the City of Baytown to
execute and attest to sold Agreement for the construction of the Bayway
Drive /Baker Road Drainage Project. A copy of said Agreement is attached hereto,
mocked Exhibit "A", and made a part hereof for all intents and purposes.
Section 2: The City Council hereby authorizes payment of THREE HUNDRED
SEVEN THOUSAND FIVE HUNDRED AND NO /M ($307,500.00) DOLLARS to Harris
County Flood Control District ff the construction of the Bayway Drive/ BOker Road
Drainage Ditch Project.
Section 3: That pursuant to the provisions of TEX. REV. CIV. STAT. art
23680, the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costa of FIFTEEN THOUSAND AND
NO /100 ($15,000.00) DOLLARS or less, provided that the original contract price may
not be increased by more then twenty -five (25 %) percent or decreased by more then
twenty -five (25 %) percent without the consent of the contractor to such decrease.
Section 4: 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
Council of the r:ity of Baytown, this the 8th day of March, 1984.
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THE 9MM or TMMS j
COURN OF BAIMS 1
This contract and sgreeaent is mmde and entered into by and bebseen the
City cf Baytown, Texas, a political subdivision of the state of Togas,
hereinafter referred to as •the City,• and Barris County Mood Qontrol
• District, a political subdivision of the State of Texas hereinafter referred
to as "the District."
WITNESSETB
WHEREAS, the City and the District mutually desire to improve p]
Control District unit Mol -W -00 (the 8sywW Drive/Baker Arid Ditch.)
WHEREAS, the aforesaid improvements will require the preparation of
plans and specifications, purchase of right- cf-my, adjustment of utilities,
excavation of approximately 61,700 cubic yards of dirt, installation of
culverts and crossing structures, seeding of ground cover and related work
incident thereto hereinafter to as the 07btal Pro3ect'; and
WHEREAS, separate projects will not provide all of the iaprovemants
desired by the District and the City; and
WHEREAS, the District is willing to pay for the cost of excavation,
clearing of land, site work and erosion control structures as the Distrjct's
Contribution to the ibtal project hereinafter the 'Districts share of the
Tbtal project "; and
WHEMEAS, the City is willing to pay for the cost of the sayway Drive
crossing structure, culverts and pipeline crossing structures as the City's
contribution to the 'Tbtal Project, hereinafter the "City's share of the
Total Project"; and
WHEREAS, the District and the City have jointly agreed on the estimated
ousts of constructing the Districts share of the Total project and the
city's share of the Tbtal Project; and
WHEREAS, the District is willing to let a contract and to pay for the
construction of the Total Project if, and only if, the City will reimburse
the District for the cost of the City's share of the Total Project over a
three year period.
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N17A TWW=# in Consideration of the covenants and promises herein
set forth, the District and the City do Mutually agree as follows:
I.
F.9TDOM COM of the City'a share of the Total Project and the
District's share of the Total Project are as follaws:
I:
ACt
ON
UNIT
t
Oonstruction
LF:
Site Preparation
Ls
Clearing and
BY:
Grubbing
AC
Channel Rwavation
CY
4" Cooarote slope
Paving
SY
24' OMB Erosion
Control Struct.
LF
84 CW (Dbl)
structure
LF
C
owig
LS
Diamond Shaiarock
Pipeline
Crowing
LS
Baker Id. Crossing
Ls
boom Pipeline
Crossing
LS
Texas Pastern
Transmission
Crossing
LS
TOM PiQ7Wr COW
CrIY's 8suz or or
tun 'Iii iDML RKLIH T 7W T=L P!aiwr
con gMNEMT CUSP am= Q=
1,200.00
3.50
25.00
32.00
300.00 160.00 S 4e,000
1 1 76,000
Project CbMt Plus 158 Cbntigent
Definitions
ACt
Acre
CYt
Cubic Yards
LF:
Linear Fbot
LS:
L np Sim
BY:
Square Yards
1 1 38,800
1 1 33,000
1 1 45,500
$ 20,000
8.04 9
9,648
51,713 2
215,995
500 1
12,500
408 1
13,856
75.000
i307,500 $271,199
$311,988
II.
•The City shall furnish Construction plans, right -of -ray tract plats,
field notes and surveying required for acquisition of right -of -fray for the
Districts share of the Total Project. The right- of-ray drainage easeaent
shall be the property of the City. Title and ownership shall be in the
City. K&intenawe and inn1provements of the drainage facility shall be the
responsibility of the District. All other work required for the Districts
share of the Total Project, as itemized in Section I shall be performed by
the District And its agents and contractors.
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I
M.
` - one construction plans shall be prepared bV the City according to the
requirements of the District to the satisfaction of the Districts Dgineer.
The District shall advertise the District's stare of the 'lbtal project
construction job in a wsmer similar to the manner used by the District for
other like and similar projects and award the contract(s) to the lowest and
best bidder(s) for the District's share of the Total project.
0 IV.
0
The City is aware that thM bids will be taken on a unit bid basis upon
estimates of the units of labor and materials nea'laad and that the wtual
amount of work encountered may vary from the estimates contained in Article
I. The City is also aware that the City's share of the Total project bid
itass may vary significantly from the estimates of Section: I. In this
regard, the District has available the sus of $331,900.00 for the District's
share including a 154 reserve to eo er contingencies. In the event that the
said surd of $311,900.00 is expended without resulting in completion of the
District's share of the Total project, then the District shall have the
right to cause construction work on the project to cease and shall haw no
Obligation with regard to completion of the District's share of the Total
Project. hlowever, the District may continue construction and complete the
Project if the District determines additional funds are available and
certified by the County Auditor.
In the event that the City's share bid items total leas than
$307,500.00, the City's cost will be reau0ed by the amount less than
$307,500.00 and the 1985 - 1966 reiW=memen[ fraa the City to the District
will be reduced by the same amount. The District understands that the City
will not pay more than $307,500.00 for the City's share of the Total Project.
V.
Upon the occurrence of any one of the following events the District
may, at its option, terminate or rebid the project by giving written notice
to the City the District's election to so terminate or rebid:
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(1) An acceptable bidder does not response to the advertisement or
G; fails to provide the bonds required by law, -
(2) The successful bidder and /ar its sureties fail ur refuse to timiely
complete the Total project in substantial compliance with the plans
and specifications,
(3) The funds available pursuant to Section iV above have been a:perded
without resulting in ee•pletion of the construction, inspection and
testing of the Total project.
VI.
After awarding a construction contract for Total project, the District
shall aocoun►tt for the City's share of the Total project costs and the amount
to be reis6arsed by the City to the District in the following Wenner:
a. Toe cost of all the City's share of the Total project.
b. The cost of all the District's share of the Total project.
C- The cost of the Total project bid items.
VII.
During the construction of the District's shae of the Total project,
the District shall provide such inspection services, testing services and
related services as the District's Engineer degas nary and desirable;
however, the District does not undertake- to guarantee the work of any
contractor and in this regard it is expressly understood and agreed that the
District shall have no obligation of any kind whatsoever with regard to the
quality and/or quantity of the contractor's work or the completion of
performance by said contractor. Prior to final acoeptanoe of the completed
Project by the District, the District's Engineer shall inspect said
completed project. The City shall be given 48 hours written natiee of the
• time and place of said inspection.
VIII.
The District shall have the right to make such minor charges in the
Plans and specifications as its Engineer may deem necessary or desirable
during the construction of the District's share of the Total Project. No
change however, shall be made which will increase the City's share of the
Total Project by the District without prior written approval by the City.
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IX.
[upon caepletion of the work on the m*Al project, the District's
Engineer shell certify the Bayne in writing to the City.
X.
Any notice required or pernmitted to be given by the District to the
City under this agreement my be given by certifies or registered D.B. Mail,
poste PrePsW, return receipt requesW, addressed to the City of Bsytorn,
2401 Market Street, BaiYtO n, Texas 77520, Attention: Mr. Bd St:a *dford,
and such notice shall be seamed g.vrn and easpleted upon deposit in the D.S.
Mail.
XI.
The District shall provide interne accounting stateamU to the City as
soon as practical after April 1, 19&1, 1985, and 1986. The District shall
aftit a statement to the City setting forth all of its payments and direct
costs as set out in Section I. Ma City agrees to reiaburse the District
for the portion of the City's share of the M*ai project Costs described xn
Section I within thirty (30) days after the receipt of such atat " t. Zhe
City further agrees to reimburse the District $107,500.00 in the City's
1983 -1984 Budget Year, ;100.000.00 in the City's 19WI995 Budget Year, and
upto $100, 000.00 within the City's 1985 -1986 Budget Year.
This instrument contains the entire agreereenI between tie parties
herein named relating to the rights herein granted and the obligations
herein assumed and may only be anmerded by written instrument of like dignity
executed by all parties hereto. `
In witness whereof, this instrument in sUltiple counterparts each have
the force and effect of an original, has been executed by the parties on
the day of
, 1984.
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APPFORD AS TO FOM: 10 WdS OMMf FUM COKE, D19BC!
Oo�snty At
eY 8Y
iWOck M. .m i.1i ONT
Assistant County Attorney OXX*Y %dw
ATD OTs Crry CF shrm T
Sy,
MY
r MWIOry CItY of Bqtom
I Certify that funds are available in the mount of 5311,900.00 to
a=wlish and pay the obligations of the Hwvis County Flood Control
District under the aforegoing contract.
J. F. FL A=
County Auditor