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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. ************************************************************************************* 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: ��rtow�K r 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. -2- 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. -3- 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