Ordinances No. 14,286ORDINANCE NO. 14,286
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
HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE SOUTH MAIN STORM
SEWER PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 the City Clerk to attest to an Interlocal Agreement with Harris
County Flood Control District for the South Main Storm Sewer Project. A copy of the 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 Ci ouncil of e City of
Baytown this the 12"' day of December, 2019.
BRANDON CAPETIL , M yor
ATTEST:
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LE Jerk
VtYNQ
APPROVED AS TO FORM:
GIVACIO RAMIREZ, SR., V
Attorney
R:`Karem.Files.CityCouncil Ordinances\2019 December 12 HanisCountyFloodControlDistrictlnterlocal4SouthMainStonnSewerProject.doc
Exhibit "A" AGREEMENT NO.2020-133
INTERLOCAL AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
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
Harris County Flood Control District, a body corporate and politic under the laws of the State
of Texas, hereinafter referred to as the "District," or "HCFCD," each a "Party" to this Agreement,
and are collectively referred to herein as the "Parties."
WITNESSETH:
WHEREAS, the City has designed the demolition and reconstruction of the South Main storm
sewer from West Texas Avenue to East Republic Street in the Goose Creek and Cedar Bayou
Watersheds located within the City of Baytown (the "Project"); and
WHEREAS, the District desires to contribute $2,260,000.00 to the design, construction and
right-of-way costs of the Project to reduce area structural flooding; and
WHEREAS, the City desires to also contribute through grants or other available funds
$2,260,000.00 to the Project, and will publicly bid and manage the construction contract for the
Project and maintain the Project once it is complete; and
WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for
the use and benefit of the public.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the
Parties, the Parties agree as follows:
I.
Upon execution of this Agreement, the District will make a one-time payment to the City in the
amount of $2,260,000.00, which will be the maximum contribution from the District under this
Agreement. The District's contribution is to pay for the costs of design, construction and right-of-
way needs for the Project.
II.
The City will award the construction contract for the Project in accordance with competitive
bidding laws applicable to the City. The City's determination of the lowest responsible bidder for
the Project shall be final and conclusive. The City will administer and supervise construction of
Agreement No. 2020-133
the Project, which shall be constructed in accordance with drawings and specifications
approved by the District.
The City may make changes and amendments to the drawings and specifications within the
design intent of the Project as the City Manager or his designee deems necessary or desirable
during construction, and shall notify the Executive Director of the District of all such changes
and amendments within thirty (30) calendar days after making such a change or amendment. In
the event the changes or amendments result in a change in cost of the Project, the City shall
obtain District approval prior to proceeding with the change. If the approved change results in a
cost increase greater than the total maximum sum to be paid by the District in this Agreement,
the City may elect to pay for the cost increase or the City may terminate this Agreement and
refund to HCFCD the unused portion of HCFCD's contribution.
IV.
The District shall have access at all reasonable times to the Project construction site and to all
relevant drawings, specifications, contract documents, and records in order to verify that the
Project is constructed in compliance with this Agreement. Provided, however, that in conducting
such investigations and/or inspections, the District shall not interfere with the work in progress.
V.
The City has been advised by the District and the City clearly understands and agrees, such
understanding and agreement being of the absolute essence to this Agreement, that the District
shall have available the total maximum sum of Two Million Two Hundred Sixty Thousand
Dollars ($2,260,000) specifically allocated to fully discharge any and all liabilities that may be
incurred by the District pursuant to the terms of this Agreement, and that the total maximum
compensation the City may become entitled to hereunder and the total maximum sum the
District shall become liable to pay to the City hereunder shall not under any conditions,
circumstances, or interpretations hereof exceed the said total maximum sum provided for in this
Article and certified as available therefor by the County Auditor.
VI.
The City or the District may terminate this Agreement, without cause, until such time as the City
awards the construction contract for the Project, in which case any funds provided by the District
shall be returned to the District in a timely manner. If the City does not complete the Project for
any reason, the District may terminate this Agreement and the City will refund any unused funds
to the District in a timely manner.
VII.
Upon completion of the construction of the Project, the City shall provide the District with record
drawings of the Project.
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Agreement No. 2020-133
M
The District shall have the right to audit the City's financial records for this Project upon request.
If the audit reveals that the bills and expenses billed to the Project do not correlate to the
amount paid by the District, the City shall reimburse the District for the cost of the audit and
within 30 calendar days after the audit compensate the District for any amounts it did not
expend on the Project.
10
The City will cause to be inserted in the construction contract for the Project an agreement that
the contractor will indemnify, defend, protect, covenant not to sue, release, and save and hold
harmless the City and the District and all their representatives from all suits, actions, or claims of
any character brought on account of any injuries or damages sustained by any person or
property in consequence of any neglect in safeguarding the work or through the use of
unacceptable materials in the construction of the Project or any associated improvements, or on
account of any act of omission by the contractor.
X.
The Parties agree to give each other at least 72-hours-notice of release of information regarding
the Project to the news media, private citizens, or community organizations.
XI.
All notices and communications under this Agreement shall be mailed by certified mail, return
receipt requested, or delivered to the District at the following address:
Harris County Flood Control District
9900 Northwest Freeway
Houston, Texas 77092
Attention: Executive Director
All notices and communications under this Agreement shall be mailed by certified mail, return
receipt requested, or delivered to the City at the following address:
City of Baytown
2401 Market St.
Baytown, Texas 77520
Attention: City Manager
XII.
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Agreement No. 2020-133
Neither Party hereto shall make, in whole or in part, any assignment of the Agreement or any
obligation hereunder without the prior written consent of the other Party.
XIII.
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 or effect, excepting a subsequent modification in writing, signed by the Parties
hereto.
EXECUTED in triplicate originals
APPROVED AS TO FORM:
VINCE RYAN
Harris County Attorney
BY.
HARRIS COUNTY FLOOD CONTROL
DISTRICT
By
LAURA FIORENTINO CAHILL LINA HIDALGO,
Senior Assistant County Attorney County Judge
ATTEST: CITY OF BAYTOWN
By: By:
Name: Name:
Title: Title:
-4-
Agreement No. 2020-133
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
, with the following members present, to -wit:
Lina Hidalgo
County Judge
Rodney Ellis
Commissioner, Precinct No. 1
Adrian Garcia
Commissioner, Precinct No. 2
Steve Radack
Commissioner, Precinct No. 3
R. Jack Cagle
Commissioner, Precinct No. 4
and the following members absent, to -wit:
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BAYTOWN AND
THE HARRIS COUNTY FLOOD CONTROL DISTRICT
Commissioner introduced 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
AYES: Judge Lina Hidalgo
❑
❑
❑
NAYS: Comm. Rodney Ellis
❑
❑
❑
ABSTENTIONS: Comm. Adrian Garcia
❑
❑
❑
Comm. Steve Radack
❑
❑
❑
Comm. R. Jack Cagle
❑
❑
❑
The County Judge thereupon announced that the motion had duly and lawfully carried
and that the order had been duly and lawfully adopted. The order thus adopted follows:
WHEREAS, the City has designed the demolition and reconstruction of the South Main
storm sewer from West Texas Avenue to East Republic Street in the Goose Creek and Cedar
Bayou Watersheds located within the City of Baytown (the "Project'); and
WHEREAS, the District desires to contribute $2,260,000.00 to the design, construction
and right-of-way costs of the Project to reduce area structural flooding; and
WHEREAS, the City will publicly bid and manage the construction contract for the
Project and maintain the Project once it is complete; and
WHEREAS, it is to the mutual benefit of the City and the District to enter into this
Agreement for the use and benefit of the public.
Agreement No. 2020-133
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF
HARRIS COUNTY, TEXAS THAT:
Section 1: The recitals set forth in this order are true and correct.
Section 3: County Judge Lina Hidalgo is hereby authorized to execute for and on
behalf of the Harris County Flood Control District, an Interlocal Agreement
by and through the Harris County Flood Control District and the City of
Baytown, said Agreement being incorporated herein by reference for all
purposes as though fully set forth verbatim herein.
sp City of Baytown 0101-01 2020-133.docx