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Ordinance No. 8,367•.Io • ORDINANCE NO. 8367 ® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR A SEWER LINE BEING CONSTRUCTED BY THE GOOSE CREEK CONSOLIDATED .INDEPENDENT SCHOOL DISTRICT TO RUN FROM BOWIE ELEMENTARY SCHOOL AT 2200 CLAYTON DRIVE TO A MANHOLE LOCATED ON THE NORTHWEST CORNER OF JAMES BOWIE DRIVE AND CLAYTON AVENUE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, the Goose Creek Consolidated Independent School District (the "District ") desires to install a sewer line from Bowie Elementary School at 2200 Clayton Drive to a manhole located on the northwest corner of James Bowie Drive and Clayton Avenue; and WHEREAS, the District shall contract for the engineering and construction of the proposed sewer line, while the City will pay up to FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) in accordance with the terms and conditions of the Interlocal Agreement; and WHEREAS, such cooperation between the District and the City is to the mutual benefit of the District and the City; NOW THEREFORE 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 and directs the City Manager to execute and City Clerk to attest to an Interlocal Agreement with Goose Creek Consolidated Independent School District for a sewer line being constructed by the District to run from Bowie Elementary School at 2200 Clayton Drive to a manhole located on the northwest corner of James Bowie Drive and Clayton Avenue. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof 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 Council of the City of Baytown this the 13 "' day of August, 1998. / 'G < ef� PETE C. ALFAA , Mayor ATTEST: EILFGN P. HALL, City Clerk APPROVED AS TO FORM: 4 CL AV-7 ACIO RAMIREZ, SR. Ci Attorney cklh99\ Council \0 rdinanceUnterlocalSewerUpsizing & Extension AgreementGCCI SD. Ord SEWER LINE EXTENSION AGREEMENT ® STATE OF TEXAS COUNTY OF HARRIS WHEREAS, this Interlocal Agreement (the "Agreement ") is made and entered into pursuant to the Interlocal Cooperation Act, Texas Government Code, Title 7, §§ 791.001, et seq., by and between the City of Baytown, a municipal corporation located in Harris and Chambers Counties, Texas, hereinafter referred to as the "City," and the Goose Creek Consolidated Independent School District, a governmental body, hereinafter called "The District "; and WHEREAS, the District desires to install a sewer line from Bowie Elementary School at 2200 Clayton to a manhole located on the northwest corner of James Bowie Drive and Clayton Avenue; and WHEREAS, the District shall contract for the engineering and construction of the proposed sewer line, while the City will pay an amount not to exceed 550,000 in accordance with the terms and conditions hereof, and WHEREAS, such cooperation between the District and the City is to the mutual benefit of the District and the City; NOW THEREFORE In consideration of the mutual covenants, agreements and promises by the parties, it is agreed as follows: 1.1 The District covenants and agrees that it will hire competent, experienced engineers for the design, administration, oversight, and inspection of the New Facilities as defined in section 1.2 and shall pay for such services as well as all equipment and materials for the construction of the Improvements. The District agrees that such contract will specifically authorize the City, at its sole discretion, to take over the District's rights and obligations under such contract should this Agreement be terminated in accordance with section 4.2. The contract shall contain at least the minimum insurance and indemnity requirements specified in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. 1.2 Work. The District agrees that it will at its own cost and expense, subject to partial reimbursement as indicated in article II herein, construct and/or install in, on, over and/or under the right -of -way more specifically described hereinbelow, the following new facilities, to -wit: an eight -inch (8 ") sewer line ( "New Facilities ") extending the entire length of the right -of -way as further described/depicted in Exhibit "B," which is attached hereto and incorporated herein for all intents and purposes (the "Site "). 1.3 Compliance with applicable regulations. The District agrees to comply with all laws, rules or regulations of applicable governmental authorities, in order to make the lines described in section 1.I meet the quality standards set by such applicable governmental authorities. 1.4 Approval of Plans and Specifications. The District shall be obligated to submit plans and specifications for the construction and/or installation of the New Facilities (the "Plans and Specifications ") to the City Engineer, for written approval and /or for required revisions and written approval by the City Engineer, prior to the commencement of any work at the Site or in furtherance of this Agreement. The District agrees that the Plans and Specifications shall include the construction and installation of the New Facilities. 1.5 Bond Requirements. The District shall require of its contractor and all subcontractors, performing any work in furtherance of this Agreement, payment and performance bonds in the sum of one hundred percent (100 %) of the total price of the purchase and installation of the New Facilities at the Site, in such forms as the City may approve and with sureties as the City may approve, to ensure the payment of the workers and the performance of work required herein; provided such bonds are required pursuant to Chapter 2253 of the ® Texas Government Code. The cost of any such bonds shall be borne by the parties hereto in proportion to the each party's contribution to the total contract price. The bonds shall remain in effect throughout the Sever Line Extension_ Agreement, Page K IT A term of this Agreement and for a period of one (1) year after the completion of the work and shall be extended for any warranty work to cover the warranty period. If at any time during the execution of this • Agreement or in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the District shall promptly obtain and supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance as required. Such replacement bond(s) shall be issued by a surety acceptable to the City. 1,6 Commencement of Construction. Upon execution of this Agreement and final approval of the Plans and Specifications by the City Engineer, the District shall be obligated to begin the construction and/or installation of such New Facilities in accordance with the approved Plans and Specifications, within ten (10) days after the date of issuance of such building permit by the City, and continue thereafter in a diligent manner with the construction and/or installation of such New Facilities, until such work has been completed. 1.7 Progress of Work. The District shall keep the City Engineer informed as to the progress of the construction and installation of the New Facilities; shall provide information regarding the construction as and when requested by the City Engineer; and shall notify the City Engineer upon completion of each segment of such work at which the City Engineer desires to make interim construction inspections. In the event that the City Engineer requests, at any stage of the work, any corrections to the New Facilities and/or additions to such work, provided, however, that such additions are authorized by this Agreement as a part of the contemplated New Facilities, the District shall be obligated in an expedient manner to make or to ensure its contractor makes such corrections and/or additions as are directed by the City Engineer. The District shall permit the CITY or its agents or representatives to enter into and upon any part of the Site to inspect it at any reasonable hour without notice throughout the term of this Agreement. 1.8 Final Approval. Upon completion of the construction and /or installation of the New Facilities, the District shall request a final approval by the City Engineer of such work, and shall not use such New Facilities until the City Engineer has given his final approval of such work. 1.9 Transfer of Ownership. Immediately upon final approval of the construction of the New Facilities by the City Engineer or upon termination of this Agreement, whichever is sooner, the legal title to that portion of the New Facilities depicted in Exhibit "C," which is attached hereto and incorporated herein for all intents and purposes, shall vest absolutely in the City, without the execution of any further written agreement in regard thereto between the City and District. Consequently, upon the expiration of the Term of this Agreement, the District shall have no right or privilege to remove any part or portion of the New Facilities depicted in Exhibit "C "; however, in the event that the City should request in writing to the District within thirty (30) days after the expiration of the Term of this Agreement, or any extension hereof, that the District remove all or any designated part or portion of the New Facilities, then the District shall be obligated to forthwith comply with such request, at its sole cost and expense. 2.1 District's Payment Obli ate. Except as expressly provided in this article, the District shall pay all costs and expenses of construction and/or installation of the New Facilities, including, not by way of limitation, the costs of all materials, labor and electricity used in connection with such construction and all license, permit or inspection fees that may be charged by any appropriate authority in connection with such work. License, permit and inspection fees normally charged by the CITY in connection with the work shall be waived. The District's payment obligations shall also include the obligation to timely pay, consistent when applicable with the agreement with the Low Bidder and the Plans and Specifications, the District's officers, agents, employees, assigns, contractors and subcontractors, who are charged with the obligation of purchasing all or any portion of the New Facilities and installing the same. 2.2 City's Payment Obligations. Within thirty (30) days after the acceptance of New Facilities by the City Engineer or receipt of an invoice for payment from the District, whichever occurs later, the City shall ® reimburse the District an amount not to exceed FIFTY THOUSAND AND NO /100 DOLLARS Sewer Line Extension Agreement, Page 2 C] ($50,000.00) for the purchase and construction at the Site of the New Facilities subject to the conditions stated herein. 11 Competitive Sealed Proposals. DISTRICT will seek competitive sealed proposals for the purchase and installation of an eight -inch (8 ") sewer line of approximately six hundred seventy feet (670 ft.), together with necessary connections and appurtenances and the installation of the line. Such solicitation and opportunity for competition shall meet all requirements of the charter of the CITY, as well as all purchasing requirements of state law. 3.2 Low Bidder. The District shall award the construction contract for the New Facilities based upon the lowest bid submitted by a responsible bidder (the "Low Bidder "). Prior to awarding the Low Bidder the contract for the construction of the New Facilities, the District must submit a tally of the bids received along with the names and other pertinent information about the Low Bidder to the City Engineer so that the City may approve in writing the responsibility of the bidder as well as the contract documents. 3.3 The District agrees that it will forthwith enter into the aforementioned contract to purchase and install the New Facilities from the Low Bidder, and that it will pay the entire contract amount to the Low Bidder in payment for the New Facilities. Both the District and the City agree that the payment of the amount referenced in section 2.2 shall be the City's sole financial responsibility and/or obligation regarding the purchase and the construction and/or installation of the New Facilities. IV. 4.1 Term. Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force and effect from the date of the execution of this Agreement by the City final completion and acceptance of the project by the City, at which time the New Facilities identified in Exhibit "C" are be conveyed to the City. The District agrees that the project shall be finally complete on or before the 30a' day of September, 1998, unless the City Engineer, in his sole reasonable discretion, extends such period of time for good cause shown by the District. 4.2 Termination. Both the City and the District, besides all other rights or remedies they may have, shall have the right to terminate this Agreement should other party commit a breach of the Agreement by failing to comply with any of the provisions hereof. Such termination will not be effective until thirty (30) days after the non- breaching party tenders written notice of its intent to terminate the Agreement. Upon the termination of this Agreement due to a breach by the City, the City agrees to pay the District its proportionate share of the actual expenses incurred for work performed at the Site which work would not have been performed if the parties did not enter into this Agreement. Upon termination of this Agreement due to a breach by the District, the District agrees to pay its proportionate share of the expenses incurred to date of the termination and its proportionate share of the expenses for the entire Agreement should the City continue and successfully prosecute to final completion the work in accordance with the approved Plans and Specifications. a 5.1 Alterations, Modifications, Changes. The District agrees not to authorize or otherwise permit any alterations, modifications, or changes in the Plans and Specifications for the construction and/or installation of the New .Facilities without first obtaining the written consent of the City, which consent may not be unreasonably withheld. 5.2 Nuisance. At all times throughout the term of this Agreement, the District shall ensure that the Site as well ® as all areas in any way or manner affected by the construction and/or installation of the New Facilities and Sewer Line Extension Agreement, Page 3 the operation of District, its contractors and subcontractors is conducted in such manner as not to create any nuisance, in, on or around the Site. LTA 6.1 Assignment. The District may not sell or assign all or part interest in this agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. 6.2 Notice. 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. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following addresses: DISTRICT Goose Creek Consolidated Independent School District Attn: Assistant Superintendent for Business Services P.O. Box 30 Baytown, TX 77522 Fax No. (281) 420 -4654 CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Fax No. (281) 420 -6586 63 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 or to exercise any right or remedy occurring as a result of any future default or failure of performance. 6.4 Choice of Law and Venue. 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. 6.5 Headings. The article 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 6.6 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. 6.7 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. 6.8 Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he /she represents. 6.9 Entire Agreement. This Agreement represents the entire agreement of the parties hereto and may only be ® amended or supplemented by mutual agreement of parties hereto in writing. Sewer Line Extension Agreement, Page 4 6.10 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the day of , 1998, the date of execution by the City Manager of the City of Baytown. GOOSE CREEK CONSOLIDATED CITY OF BAYTOWN INDEPENDENT SCHOOL THE DISTRICT BOBBY ROUNTREE President of the Board of Trustees City Manager Date: Date: ATTEST: ATTEST: JUDI CRAIG EILEEN P. HALL Secretary of the Board of Trustees City Clerk Date: c:klh99 \ContractsVnterlocal Agreement \SewerLineCxtensionAgreement Sewer Line Extension Agreement, Page 5 ® Exhibit A Throughout the term of this Agreement, the CONTRACTOR at its own expense shall purchase, maintain and keep in force and effect insurance against claims for injuries to or death of persons or damages to property which may arise out of or result from the CONTRACTOR's operations and /or performance of the work under this Agreement, whether such operations and /or performance be by the CONTRACTOR, its agents, representatives, volunteers, employees or subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The CONTRACTOR's insurance coverage shall be primary insurance with respect to the CITY, its officers, agents and employees, including the CITY. Any insurance or self- insurance maintained by the CITY, its officials, agents and employees shall be considered in excess of the CONTRACTOR's insurance and shall not contribute to it. Further, the CONTRACTOR shall include all subcontractors as additional insureds under its commercial general liability policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this contract: Commercial General Liability (CGL) General Aggregate: $1,000,000 Owners & Contractors Protective Liability: 5500,000 Products & Completed Operations Aggregate: $1,000,000 Personal & Advertising Injury: 31,000,000 Per Occurrence: $500,000 Fire Damage: $50,000 a. Coverage shall be at least as broad as ISO CG 00 01 10 93 b. No coverage shall be excluded from standard policy without notification of individual exclusions being attached for review and acceptance. Business Automobile Policy (BAP) Combined Single Limits: $1,000,000 a. Coverage for "Any Auto." Workers' Compensation: Statutory Limits Employer's Liability: $500,000 a. Waiver of Subrogation Required. Upon execution of this contract, CONTRACTOR shall file with the CITY valid Certificates of Insurance and endorsements acceptable to the CITY. Such Certificates shall contain a provision that coverage afforded under the policies will not be canceled, suspended, voided, or reduced until at least sixty (60) days' prior written notice has been given to the CITY via certified mail, return receipt requested. ® The CONTRACTOR shall also file with the CITY valid Certificates of Insurance covering all Subcontractors. • The following are general requirements applicable to all policies: a. AM Best Rating of A; VII or better. b. Insurance carriers licensed and admitted to do business in State of Texas will be accepted. c. Liability policies will be on occurrence form. d. City of Baytown, its officials and employees are to be added as Additional Insured to liability policies. e. Upon request of and without cost to City of Baytown, certified copies of all insurance policies and /or certificates of insurance shall be furnished to City of Baytown's representative. Certificates of insurance showing evidence of insurance coverage shall be provided to City of Baytown's representative prior to execution of this agreement. f. Upon request of and without cost to City of Baytown, loss runs (claims listing) of any and /or all insurance coverage shall be furnished to City of Baytown's representative. g. City of Baytown reserves the right to reject any proposal that does not meet the minimum insurance requirements outlined above. 8/10/98 2 Standard Sanitary/Storm Sewer Proiec1sJSTANSWR2.D0C • It < tJ h, m 7 \V / IL P. eo� 17 1] I Et i' O CL < < 70� �� .4 f L 1 up 41 BIT C