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Ordinance No. 14,609ORDINANCE NO. 14,609 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND HARRIS COUNTY FLOOD CONTROL DISTRICT FOR DRAINAGE IMPROVEMENTS AFFECTING ROBERT E. LEE HIGH SCHOOL AND THE SURROUNDING AREA; 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 Goose Creek Consolidated Independent School District and Harris County Flood Control District for drainage improvements affecting Robert E. Lee High School and the surrounding area. A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein 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 10"' day of December, 2020. B ON CAPETILLO, M yor ATTAST: .. BRYSCH, City APPROVED AS TO FORM: OLREEN-E-11fORNER, City Attorney R:�Karen HornerTocumentsTiles•.City Council Ordinances\2020.December 10 GCCISD&HCFCDInterlocal.doc Exhibit "A" Agreement Number 2020-59 INTERLOCAL AGREEMENT STATE OF TEXAS § COUNTY OF HARRIS § THIS AGREEMENT ("Agreement") is entered in to pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and is made by and between the GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, an independent school district and political subdivision of the State of Texas (the "School District") or ("GCCISD"), the CITY OF BAYTOWN, TEXAS, a home -rule city of the State of Texas located in Harris and Chambers Counties, Texas, acting by and through its duly authorized officials (the "City"), and the HARRIS COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic under the laws of the State of Texas, ("HCFCD") (each, a "Party", and collectively, the "Parties"). RECITALS WHEREAS, in 2019, a sinkhole developed at Robert E. Lee High School in Baytown, which is School District property ("Property"); and WHEREAS, HCFCD owned drainage easements on the Property (hereinafter referred to as 0101-01-00 and 0101-01-01, the "HCFCD Easements") that were conveyed to it by the School District in 1949, and in the 1960s and 1970s were enclosed and built over by the School District as it built larger athletic facilities; and the sinkhole developed on 0101-01-00; and WHEREAS, HCFCD has repaired the sinkhole, abandoned its easements and the Parties desire to restore storm sewer drainage to the Property; and WHEREAS, to improve drainage on the Property and in the surrounding community, the Parties desire to construct a new diversion storm sewer for HCFCD Units 0101-01-00 and 0101-01-01 ("Drainage Project"); and WHEREAS, the School District desires to donate a drainage easement to the City and pay to the City an amount not to exceed $1,200,213.00 for the Drainage Project ("GCCISD Contribution"); and WHEREAS, HCFCD desires to contribute $ 641,387.00 ("HCFCD Contribution") to the Drainage Project based on its share of the drainage easements on which it built enclosed storm sewers minus the cost of repairing the sinkhole and the cost of the topographic survey and hydraulic modeling study it paid for to resolve the drainage problem on the Property; and WHEREAS, the total cost of the Project is estimated at $1,841,600.00 ("Project Cost"), which is the total of the HCFCD Contribution and GCCISD Contribution; and WHEREAS, the City agrees to design and construct the Project, and maintain the Drainage Project during its lifespan, an estimated value in management and maintenance costs of $1,332,876.75 ("City's Contribution"). NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, the parties agree as follows: Agreement Number 2020-59 Within 120 calendar days of the execution of this Agreement by all Parties, HCFCD will pay Six Hundred Forty -One Thousand Three Hundred Eighty -Seven and 00/100 Dollars ($641,387.00) to the City of Baytown for the Drainage Project. The maximum amount HCFCD has available to pay for its obligation under this Agreement is $641,387.00. Notwithstanding anything to the contrary, or that may be construed to the contrary, HCFCD's liability under the terms and provisions of this Agreement is limited to this sum. Within 120 calendar days of the execution of this Agreement by all Parties, the School District will pay $1,200,213.00 to the City of Baytown for the Drainage Project. The School District agrees to pay the cost of any additional funds over the Project Cost needed for the Project in accordance with Sections V and VI. The Parties agree that HCFCD shall not be responsible for any additional costs of the Project. The Parties agree the City shall pay the School District a refund if the cost of the final Project Cost is less than the $1,841,600.00 paid by HCFCD and the School District for the Project Cost. HCFCD agrees not to receive any refund should the final Project Cost be less than the $1,841,600.00. The City's Contribution to the Project, estimated at $1,332,876.75, is for the construction management of the Project and the maintenance of the Project over its projected life. HCFCD has completed the repair of the sinkhole and has abandoned the HCFCD Easements on the Property. The School District owns and maintains the storm sewer on 0101-01-00 (North/South storm sewer) adjacent to the football and baseball fields for School District drainage. The School District also owns the storm sewer located in 0101-01-00, which follows a northwesterly direction, and the City will terminate its use and place flowable fill in it as part of the scope of work of the Drainage Project. The City will design the Drainage Project to City standards entering into a professional services agreement with a School District preferred engineering consultant. The City will obtain a survey for the property for the Drainage Project and prepare metes and bounds for the Project alignment. HCFCD and the School District will have an opportunity to review and approve the construction plans before they are finalized. IV. Based upon the survey and metes and bounds description provided by the City obtained in the design of the Drainage Project, the School District will convey a drainage easement to the City for the Drainage Project on a conveyance document acceptable to the City Attorney and move all fences to outside the new City easement adjacent to Gentry and Lee Roads. The School District also will provide a lay -down yard for construction materials for the City Contractor at a mutually agreeable location. Agreement Number 2020-59 01 The City will advertise for and receive bids for construction of the Drainage Project in a manner similar to that of other similar City projects and will award the construction contract for the Drainage Project with competitive bidding laws applicable to the City. The City's determination of the lowest responsible bidder for construction of the Drainage Project shall be final and conclusive; provided, however, the City shall not accept any bid in excess of the Project Cost without approval from the School District. In the event the City does not receive a satisfactory bid within the Project Cost, the School District shall have, at its sole discretion, the option to either (a) require the City to rebid the Project or (b) provide additional contribution to meet the contract sum of the satisfactory bid. If the School District elects to provide additional contribution for the Drainage Project and such contribution is approved by the School District's Board of Trustees, then the School District shall pay the additional contribution to the City within fifteen (15) days of such approval. The City will administer and supervise construction of the Drainage Project and pay all costs associated therewith from funds received from HCFCD and the School District. It is expressly understood and agreed that the City has no funds and shall have no obligation to make payments under this Agreement with funds other than those contributed by the School District and HCFCD. The Drainage Project shall be constructed in accordance with drawings and specifications previously approved by HCFCD and the School District. M The City may make changes and amendments to the drawings and specifications within the design intent of the Project as the City's Public Works and Engineering Director or his designee deems necessary or desirable during construction, provided that such changes and amendments do not increase the total cost associated with the Project. Should (1) the City desire to make changes and amendments to the drawings and specifications within the design intent of the Project that increase the Project Cost or (ii) the contractor seeks a change order that increases the Project Cost, the City shall deliver the proposed changes along with the contractors' estimates for the cost associated with such change, to the School District. The School District shall have ten (10) days thereafter to object to such changes in writing to the City. If the School District does not object within the prescribed time period, the City may make such changes and School District will transmit to the City the additional funds equal to the increased costs within fifteen (15) days of the notification; provided that at no time shall the accumulated cost of all change orders exceed 5% unless specifically approved by the School District's Board of Trustees. Should the accumulated change orders exceed such percentage and the School District's Board of Trustees fail to approve any additional amounts, the City at its sole option may terminate this agreement and its construction contract and refund any funds that are have not been expended or for which the City is not obligated to pay after termination of the construction contract to the School District. If the School District objects to such changes, it must detail the specific objections in writing and meet with the City in order to resolve the same so as not to delay the Drainage Project. In any event, the City shall notify the HCFCD Executive Director or his designee ("Director") and the Agreement Number 2020-59 Superintendent of the School District of all such changes and amendments within thirty (30) days after making such a change or amendment. HCFCD and the School District shall have access at all reasonable times to the Drainage Project construction site(s) 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, HCFCD and the School District shall not interfere with the work in progress. At the completion of the project, the City will provide to HCFCD and the School District record drawings of the project. fM The sole obligation of HCFCD is to provide a portion of the funding for the Drainage Project. Neither the School District nor HCFCD will have property ownership or maintenance responsibility in the Drainage Project. Upon completion of the Drainage Project, the City shall assume full ownership of and responsibility for the maintenance and repair of the Drainage Project to the extent and in the same manner as other like facilities within the City. IW No party hereto shall make, in whole or in part, any assignment of this Agreement or any obligation hereunder without the prior written consent of the other parties hereto. 10 This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligation herein assumed. Any modifications concerning this instrument will be of no force or effect, excepting a subsequent modification in writing signed by all parties hereto. XI. This Agreement is effective on the date all Parties have signed this Agreement Any Party may terminate this Agreement at any time prior to the City's award of the contract for the Drainage Project by giving 30 days written notice to the other Parties. If this Agreement is terminated prior to completion for any reason, the City will return to HCFCD any unused portion of HCFCD's Contribution to the Project and to the School District any unused portion of the School District's Contribution to the Drainage Project. APPROVED AS TO FORM: VINCE RYAN Harris County Attorney By: HARRIS COUNTY FLOOD CONTROL DISTRICT M Agreement Number 2020-59 Laura Fiorentino Cahill LINA HIDALGO Senior Assistant County Attorney County Judge GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT 0 Superintendent CITY OF BAYTOWN By: City Manager Agreement Number 2020-59 ORDER OF COMMISSIONERS COURT Authorizing Execution of an Interlocal Agreement The Commissioners Court of Harris County, Texas, convened at a meeting of the Court at the Harris County Administration Building in the City of Houston, Texas, on 2020 with all members present except A quorum was present. Among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE HARRIS COUNTY FLOOD CONTROL DISTRICT, GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND THE CITY OF BAYTOWN, TEXAS 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 Judge Lina Hidalgo ❑ ❑ ❑ Comm. Rodney Ellis ❑ ❑ ❑ 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, in 2019, a sinkhole developed at Robert E. Lee High School in Baytown, which is School District property ("Property"); and WHEREAS, HCFCD owned drainage easements on the Property (hereinafter referred to as 0101-01-00 and 0101-01-01, the "HCFCD Easements") that were conveyed to it by the School District in 1949, and in the 1960s and 1970s were enclosed and built over by the School District as it built larger athletic facilities; and the sinkhole developed on 0101-01-00; and WHEREAS, HCFCD has repaired the sinkhole, abandoned its easements and the Parties desire to restore storm sewer drainage to the Property; and Agreement Number 2020-59 WHEREAS, to improve drainage on the Property and in the surrounding community, the Parties desire to construct a new diversion storm sewer for HCFCD Units 0101-01-00 and 0101-01-01 ("Drainage Project"); and WHEREAS, the School District desires to donate a drainage easement to the City and pay to the City an amount not to exceed $1,200,213.00 for the Drainage Project ("GCCISD Contribution"); and WHEREAS, HCFCD desires to contribute $ 641,387.00 ("HCFCD Contribution") to the Drainage Project based on its share of the drainage easements it built enclosed storm sewers on, minus the cost of repairing the sinkhole and the cost of the topographic survey and hydraulic modeling study it paid for to resolve the drainage problem on the Property; and WHEREAS, the total cost of the Project is estimated at $1,841,600.00 ("Project Cost"), which is the total of the HCFCD Contribution and GCCISD Contribution; and WHEREAS, the City agrees to design and construct the Project, and maintain the Drainage Project during its lifespan, an estimated value in management and maintenance costs of $1,332,876.75 ("City's Contribution"). 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 2: County Judge Lina Hidalgo is hereby authorized to execute an Interlocal Agreement between the Harris County Flood Control District, Goose Creek Consolidate Independent School District, and the City of Baytown, Texas, for the District to pay the City a maximum amount of $641,387.00 for a drainage project in the City of Baytown, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein.