Ordinance No. 3,795 40803-9
ORDINANCE NO. 3795
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN
INTERLOCAL AGREEMENT WITH HARRIS COUNTY FLOOD CONTROL
DISTRICT FOR THE CONSTRUCTION OF THE BAYWAY DRIVE/BAKER
ROAD DRAINAGE DITCH PROJECT; AUTHORIZING PAYMENT BY THE
CITY OF THREE HUNDRED. SEVEN THOUSAND FIVE HUNDRED AND
NO/100 ($307,500.00) DOLLARS; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
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
approves an Interlocal Agreement with Harris County Flood Control District and
authorizes and directs the City Manager and City Clerk of the City of Baytown to
execute and attest to said Agreement for the construction of the Bayway
Drive/Baker Road Drainage Project. A copy of said Agreement is attached hereto,
marked 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/100 ($307,500,00) DOLLARS to Harris
County Flood Control District for the construction of the Bayway Drive/Baker Road
Drainage Ditch Project.
Section 3: That pursuant to the provisions of TEX. REV. CIV. STAT. art
2368a, the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of FIFTEEN THOUSAND AND
NO/100 ($15,000,00) DOLLARS or less, provided that the original contract price may
not be increased by more than twenty-five (25%) percent or decreased by more than
-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 City 'of Baytown, this the 8th day of March, 1984.
ALLEN CANNON, Mayor
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40803-9b
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AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS �
This contract and agreement is made and entered into by and between the
City of Baytown, Texas, a political subdivision of the State of Texas,
hereinafter referred. to as "the City," and Harris County Flood Control
District, a political subdivision of the State of Texas hereinafter referred
to as "the District."
W I T N E S S E T H
WHEREAS, the City and the District mutually desire to improve Flood
Control District Unit G101-00-00 (the Bayway Drive/Baker Road Ditch.)
the aforesaid improvements will require the preparation of
plans and specifications, purchase of right-of-way, 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 "Total Project"; and
separate projects will not provide all of the improvements
desired by the District and the City; and
the District is willing to pay for the cost of excavation,
clearing of land, site work and erosion control structures as the District's
Contribution to the Total Project hereinafter the "District's share of the
Total Project"; and
r
WHEREAS, the City is willing to pay for the cost of the Bayway Drive
crossing structure, culverts and pipeline crossing structures as the City's
contribution to the Total Project, hereinafter the "City's share of the
Total Project"; and
the District and the City have jointly agreed on the estimated
costs of constructing the Districts share of the Total Project and the
city's share of the Total Project; and
WHERFAS, 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.
40803-9c
NOW RE, in consideration of the covenants and promises herein
set forth, the District and the City do mutually agree as follows:
I. .
ESTIMATED COSTS of the City's share of the Total Project and the
District's share of the Total Project are as follows:
TOTAL PROTECT COST
CITY'S SHARE OF DISTRICT'S SHARE OF
UNIT THE TOTAL PROJECT THE TOTAL P
DESCRIPTION UNIT OOST QUANTITY COST QUANTITY OOST
Construction
Site Preparation LS $ 20,000
Clearing and
Grubbing AC 11200900 8.04 9,648
Chamel Excavation CY 3.50 61,713 215,995
4" Concrete Slope
Paving SY 25.00 500 12,500
24" MoT Erosion
Control Struct. LF 32.00 408 13,056
84 CGMP (Dbl)
Structure LF 300.00 160.00 $ 48,000
Bayway Dr.
Crossing LS 1 1 76,000
Diamond Shamrock
Pipeline
Crossing IS 1 1 30,000
Baker Rd. Crossing LS 1 1 33,000
Exxon Pipeline
Crossing LS 1 1 45,500
Texas Eastern
Transmission
Crossing LS 1 1 75,000
$307F500 $271,199
Project Cosh Plus 15% Cont igent $311r900
Definitions
AC: Acre
CY: Cubic Yards
LF: Linear Foot
IS: Lump Sum
SY: Square Yards
II.
The City shall furnish construction plans, right-of-way tract plats,
field notes and surveying required for acquisition of right-of-way for the
Districts share of the Total Project. The right-of-way drainage easement
shall be the property of the City. Title and ownership shall be in the
City. Maintenance and improvements 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.
40803-9d
III.
The construction plans shall be prepared by the City according to the
requirements of the District to the satisfaction of the Districts Engineer,
The District shall advertise the District's share of the Total Project
construction job in a manner 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.
IV.
The City is aware that the bids will be taken on a unit bid basis upon
estimates of the units of labor and materials needed and that the actual
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
items may vary significantly from the estimates of Section I. In this
regard, the District has available- the sum of $311,900.00 for the District's
share including a 15% reserve to cover contingencies. In the event that the
said stun 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 have no
obligation with regard to completion of the District's share of the Total
Project. However, 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 less than
$307,500,00, the City's cost will be reduced by the amount less than
r
$307,500.00 and the 1985 _ 1986 reimbursement from 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:
40803-9e
(1) An acceptable bidder does not response to the advertisement or
fails to provide the bonds required by law,
(2) The successful bidder and/or. its sureties fail or refuse to timely
complete the' Total Project in substantial compliance with the plans
and specifications,
(3) The funds available pursuant to Section IV above have been expended
without resulting in completion of the construction, inspection and
testing of the Total Project.
vie
After awarding a construction contract for Total Project, the District
shall account for the City's share of the Total Project costs and the amount
to be reimbursed by the City to the District in the following manner:
a. The cost of all the City's share of the 'Dotal 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 share of the Total Project,
the District shall provide such inspection services, testing services and
related services as the District's Engineer deems necessary 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 acceptance of the completed
project by the District, the District's Engineer shall inspect said
completed project. The City shall be given 48 hours written notice of the
time and place of said inspection.
VIII.
The District shall have the right to make such minor changes 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.
40803-9f
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a
IX.
Upon completion of the work on the Total Project, the District's
Engineer shall certify the same in writing to the City.
X.
Any notice required or permitted to be given by the District to the
City under this agreement may be given by certified or registered U.S. Mail,
postage prepaid, return receipt requested, addressed to the City of Baytown,
2401 Market Street, Baytown, Texas 77520, Attention: Mr. Ed Shackelford,
and such notice shall be deemed given and completed upon deposit in the U.S.
Mail.
XI.
The District shall provide interim accounting statements to the City as
soon as practical after April 1, 1984, 1985, and 1986. The District shall
submit a statement to the City setting forth all of its payments and direct
costs as set out in Section I. The City agrees to reimburse the District
for the portion of the City's share of the Zbtal Project costs described in
Section I within thirty (30) days after the receipt of such statement. The
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 1984-1985 Budget Year, and
upto $100,000.00 within the City's 1985-1986 Budget Year.
This instrument contains the entire agreement between the parties
herein named relating to the rights herein granted and the obligations
herein assumed and may only be amended by written instrument of like dignity
executed by all parties hereto.
In witness whereof, this instrument in multiple counterparts each have
the force and effect of an original, has been executed by the parties on
the day of , 1984.
40803-9g
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•
APPROVED AS TO FOR4: HARRIS COUNTY FLOOD CONTROL DISTRICT
MIKE DRISCOLL
County Attor ey
By By
Rock W, ns JON LINDSAY
Assistant County Attorney County Judge
ATTEST: CITY OF BAYTOWN
By
City Clerk Mayor, City of Baytown
I certify that funds are available in the amount of $311,900.00 to
accomplish and pay the obligations of the- Harris County Flood Control
District under the aforegoing contract.
J. F. FLAG{
County Auditor
r
1
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AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS p
This contract and agreement is made and entered into by and between the
City of Baytown, Texas, a political subdivision of the State of Texas,
hereinafter referred to as "the City," and Harris County Flood Control
District, a political subdivision of the State of Texas hereinafter referred
to as "the District."
W I T N E S S E T H
WHEREAS, the City and the District mutually desire to improve Flood
Control District Unit G101-00-00 (the Bayway Drive/Baker Road Ditch.)
WHEREAS, the aforesaid improvements will require the preparation of
plans and specifications, purchase of right-of-way, 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 "Total Project"; and
WHEREAS, separate projects will not provide all of the improvements
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 District's
Contribution to the Total Project hereinafter the "District's share of the
Total Project"; and
WHEREAS, the City is willing to pay for the cost of the Bayway Drive
crossing structure, culverts and pipeline crossing structures as the City's
contribution to the Total Project, hereinafter the "City's share of the
Total Project"; and
WHEREAS, the District and the City have jointly agreed on the estimated
costs of constructing the Districts share of the Total Project and the
cit_v's share of the Total 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.
Ju �1 21
i E'; ij j'i is G n
Ci
r �
NOW THEREFORE, in consideration of the covenants and promises herein
set forth, the District and the City do mutually agree as follows:
I.
ESTIMATED COSTS of the City's share of the Total Project and the
District's share of the Total Project are as follows:
TOTAL PROTECT COST
CITY'S SHARE OF DISTRICT'S SHARE OF
UNIT THE TOTAL PROJECT THE TOTAL PROJECT
DESCRIPTION UNIT COST QUANTITY COST QUANTITY COST
Construction
Site Preparation LS $ 20,000
Clearing and
Grubbing AC 1,200.00 8.04 9,648
Channel Excavation CY 3.50 61,713 215,995
4" Concrete Slope
Paving SY 25.00 500 12,500
24" CGMP Erosion
Control Struct. IF 32.00 408 13,056
84 CGMP (Dbl)
Structure LF 300.00 160.00 $ 48,000
Bayway Dr.
Crossing LS 1 1 76,000
Diamond Shamrock
Pipeline
Crossing LS 1 1 30,000
Baker Rd. Crossing LS 1 1 33,000
Exxon Pipeline
Crossing LS 1 1 45,500
Texas Eastern
Transmission
Crossing LS 1 1 75,000
$307,500 $271,199
Project Cost Plus 15% Contigent $311,900
Definitions
AC: Acre
CY: Cubic Yards
LF: Linear Foot
LS: Lump Sum
SY: Square Yards
II.
The City shall furnish construction plans, right-of-way tract plats,
field notes and surveying required for acquisition of right-of-way for the
Districts share of the Total Project. The right-of-way drainage easement
shall be the property of the City. Title and ownership shall be in the
City. Maintenance and improvements 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.
RE,;E EJ
1.
tJ�' F, R 2I PMI 2. 58
III.
The construction plans shall be prepared by the City according to the
requirements of the District to the satisfaction of the Districts Engineer.
The District shall advertise the District's share of the Total Project
construction job in a manner 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.
IV.
The City is aware that the bids will be taken on a unit bid basis upon
estimates of the units of labor and materials needed and that the actual
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
items may vary significantly from the estimates of Section I. In this
regard, the District has available the sum of $311,900.00 for the District's
share including a 15% reserve to cover contingencies. In the event that the
said sum 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 have no
obligation with regard to completion of the District's share of the Total
Project. However, 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 less than
$307,500.00, the City's cost will be reduced by the amount less than
$307,500.00 and the 1985 - 1986 reimbursement from 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:
P R E-I V IE is"14 PAR 2f
MIR 2 2: 53
(1) An acceptable bidder does not response to the advertisement or
fails to provide the bonds required by law,
(2) The successful bidder and/or its sureties fail or refuse to timely
complete the Total Project in substantial compliance with the plans
and specifications,
(3) The funds available pursuant to Section IV above have been expended
without resulting in completion of the construction, inspection and
testing of the Total Project.
VI.
After awarding a construction contract for Total Project, the District
shall account for the City's share of the Total Project costs and the amount
to be reimbursed by the City to the District in the following manner:
a. The 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 share of the Total Project,
the District shall provide such inspection services, testing services and
related services as the District's Engineer deems necessary 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 acceptance of the completed
project by the District, the District's Engineer shall inspect said
completed project. The City shall be given 48 hours written notice of the
time and place of said inspection.
VIII.
The District shall have the right to make such minor changes 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.
J.3J
a
IX.
Upon completion of the work on the Total Project, the District's
Engineer shall certify the same in writing to the City.
X.
Any notice required or permitted to be given by the District to the
City under this agreement may be given by certified or registered U.S. Mail,
postage prepaid, return receipt requested, addressed to the City of Baytown,
2401 Market Street, Baytown, Texas 77520, Attention: Mr. Ed Shackelford,
and such notice shall be deemed given and completed upon deposit in the U.S.
Mail.,
XI.
The District shall provide interim accounting statements to the City as
soon as practical after April 1, 1984, 1985, and 1986. The District shall
submit a statement to the City setting forth all of its payments and direct
costs as set out in Section I. The City agrees to reimburse the District
for the portion of the City's share of the Total Project costs described in
Section I within thirty (3 0) days after the receipt of such statement. The
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 1984-1985 Budget Year, and
upto $100,000.00 within the City's 1985-1986 Budget Year.
This instrument contains the entire agreement between the parties
herein named relating to the rights herein granted and the obligations
herein assumed and may only be amended by written instrument of like dignity
executed by all parties hereto.
In witness whereof, this instrument in multiple 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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APPROVED AS TO FORM: HARRIS COUNTY FLOOD CONTROL DISTRICT
MIKE DRISCOLL
Cou;;M
BY B(424
Rock W. ns J LINDSAY
Assistant County Attorney County Judge
ATTEST: CITY OF BAYTOWN
BY
City Clerk Mayor, City of Baytown
I certify that funds are available in the amount of $311,900.00 to
accomplish and pay the obligations of the Harris County Flood Control
District under the aforegoing contract.
. F. FLACK
P.
Auditor
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If:
THE STATE OF TEXAS
COUNTY OF HARRIS
On this the 2 0 th day of March, 1984 , the Commissioners
Court of Harris County, Texas, sitting as the governing body
of Harris County Flood Control District, upon motion of
Commissioner Fonteno, seconded by Commissioner Lyons, duly
put and unanimously carried,
IT IS ORDERED that County Judge Jon Lindsay be, and he is
hereby, authorized to execute Intergovernmental Agreement
between the City of Baytown, Texas , and Harris County Flood
Control District, for cost sharing to provide improved drainage
in the Bayway Drive to Baker Road area, Flood Control Drainage
Unit G 101-00-00 , Ship Channel Drainage Area , Precint Two, at
a cost to the District of $311 ,900 .00 . Said Agreement is
incorporated herein by reference and made a part hereof for
all intents and purposes as if set out in full word for word.
ntedcom"' T°
ISS1ON
MAR_2_�_
1984
1i page.
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