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Ordinance No. 14,825 ORDINANCE NO. 14,825 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE WEST TEXAS AVENUE DRAINAGE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED EIGHTY-SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($787,500.00); MAKING OTHER PROVISIONS RELATED THERETO; 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 West Texas Avenue Drainage Project. A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Harris County in an amount not to exceed SEVEN HUNDRED EIGHTY-SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($787,500.00) in accordance with the agreement authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO1100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent (25%). 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 - na vote of the City u it of the City of Baytown this the 911,day of September, 2021. 16 �p,YTOpn, DON C PETIL O, M or ATTEST: .Ap4"° ♦°°"'T w00° °i LIn 4 I � o ° ANGELA JA KSON, Interim Ci �d%k APPROVED AS TO FORM: OF KAREN L. HORNER, City Attorney RAKaren Horner\Documents\FilcslCiry Council\Ordiiianccs1202I\September 91HCFCDlnterlocal4WTexasSiormSewerProjectaloe Exhibit "A" HCFCD Agreement Number 2022-49 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, located within Harris County, and 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 each a "Party" to this Agreement, and are collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the City desires to design and construct the demolition, reconstruction and improvement of the West Texas Avenue Storm Sewer, hereinafter referred to as the "Project" as shown in attached Exhibit A; and WHEREAS, the District's mission is to provide flood damage reduction benefits with appropriate regard for community and natural values, and desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the Texas General Land Office ("GLO") is willing to fund a portion of the Project through a Community Development Block Grant; and WHEREAS, the City has estimated the cost of the Project to be FOUR MILLION FOUR HUNDRED NINETY-ONE THOUSAND EIGHT HUNDRED FORTY-NINE AND NO/100 DOLLARS ($4,491,847.00) as shown in attached Exhibit B, and the GLO is willing to contribute TWO MILLION NINE HUNDRED NINETY-THREE THOUSAND NINE HUNDRED THIRTY-NINE AND NO/100 DOLLARS ($2,993,939.00)and the City is willing to contribute SEVEN HUNDRED EIGHTY-SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($787,500.00) ("City Contribution") toward the Project; and WHEREAS,the District desires to contribute a maximum of SEVEN HUNDRED TEN THOUSAND FOUR HUNDRED EIGHT AND NO/100 DOLLARS ($710,408.00) ("District Contribution")toward the shared cost of the drainage components of the Project; 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. Within 45 days of the execution of this Agreement, the District shall pay the City SEVEN HUNDRED TEN THOUSAND FOUR HUNDRED EIGHT AND NO/100 DOLLARS ($710,408.00). The City and the Texas General Land Office will pay the remaining cost of the Project. DocuSign Envelope ID:13D42393B-AD06-4E87-A692-AD847F3C6688 HCFCD Agreement Number 2022-49 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.The District has not reviewed or approved City's design plans for the Project and does not warrant their suitability for the purposes set out herein. If the City encounters environmental contamination or other issues that make it impossible to continue the Project during construction, it shall immediately halt all work until the Parties have discussed how to proceed. Under no circumstances shall the District be responsible for any delay damages, remediation costs or any costs associated with contamination. If this Agreement is terminated by the City because of the contamination, the City will be responsible for all costs of the Project to the point of termination. III. The City will strive to engage with prime contractors and subcontractors representative of the diverse businesses of Harris County. The City will use its best efforts to afford historically underutilized minority- and woman-owned businesses (M/WBEs) a fair and equal opportunity to participate in the City's procurement process. Nothing in this paragraph is intended to conflict with any federal M/WBE requirements. IV. The City may make changes and amendments to the drawings and specifications within the design intent of the Project as the City deems necessary or desirable during construction and shall notify 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. The District, upon approval by Harris County Commissioners Court, will pay half of any drainage- related costs that exceed the amount of the District Contribution. The City, upon approval of the City Council of the City of Baytown, will pay for any non-drainage element overages. V. The District shall have access at all reasonable times to the Project construction site and to all relevant drawings, specifications, contract documents, and records to verify that the Project is constructed in compliance with this Agreement. The City will include the District in all Project design and construction progress meetings. VI. The Parties clearly understand and agree, such understanding and agreement being of the absolute essence to this Agreement, that: 1. the District shall have available the total maximum sum of SEVEN HUNDRED TEN THOUSAND FOUR HUNDRED EIGHT AND NO/100 DOLLARS ($710,408.00) 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 any cost increases in the Project to be paid by the District must first be approved by Harris County Commissioners Court and certified as available by the County Auditor; and -2- Docubign Envelope ID:BD42393i3-AD06-4E87-A692-AD847F3C6688 HCFCD Agreement Number 2022-49 2. the City shall have available the total maximum sum of SEVEN HUNDRED EIGHTY-SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($787,500.00) specifically allocated to fully discharge any and all liabilities that may be incurred by the City pursuant to the terms of this Agreement, and that any cost increases in the Project to be paid by the City must first be approved by City Council of the City of Baytown and certified as available by the City's Director of Finance. VI I. The City or the District may terminate this Agreement, without cause, upon 30 days'written notice to the other Parties until such time as the City awards the construction contract for the Project, in which case any unspent portion of the District Contribution shall be returned to the District in a timely manner. Once the Project has started construction, if the City terminates this Agreement for any reason other than as stated in Paragraph II herein, the City will refund to the District any unspent portion of the District Contribution. Vill. Upon completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will maintain the Project once it is complete. IX. Within thirty (30) days of completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will conduct an accounting of all monies expended and distinguish which monies were spent on drainage and non-drainage components of the Project following the completion of the Project. The City will refund to the District its portion of any amount not spent as stated in this Agreement or any amendment to this Agreement. The City will maintain the Project to the extent and in the same manner as other like facilities within the City once it is complete. X. 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 District and City 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. The City will require its contractors to name the District and the City as additional insureds. XI. The Parties will endeavor 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; however, this article shall have no application to any release of information based upon approval of this Agreement or any amendment thereto by the governing bodies of the Parties. -3- DocuSign Envelope ID:BD42393B-AD06-4E87-A692-AD847F3C6688 HCFCD Agreement Number 2022-49 XII. 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 addresses: City of Baytown 2401 Market St., Baytown TX 77522 Attention: City Manager XIII. No 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 Parties. XIV. 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. XV. If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality or validity of any of the provisions hereof. The illegal or invalid provisions will be deemed stricken from this Agreement and deleted to the same extent and effect as if never incorporated herein. EXECUTED on APPROVED AS TO FORM: CHRISTIAN D. MENEFEE HARRIS COUNTY FLOOD CONTROL Harris County Attorney DISTRICT DocuSigned by: E auaY'a �ibV�l�.b l�� By: D9FE318CE1BA4BE_ By: LAURA FIORENTINO CAHILL LINA HIDALGO, Senior Assistant County Attorney County Judge -4- uuuuatyn enveupe w.ouvzoeoo-nuvo-400i Hoye-nuoytrouuuoo HCFCD Agreement Number 2022-49 ATTEST: CITY OF BAYTOWN By: C By: Name: Name: Title: Title: t� gAYTObyN �a r -5- t`� DocuSign Envelope ID'. BD42393B-AD06-4E87-A692-AD847F3C6688 HCFCD Agreement Number 2022-49 EXHIBIT A B.9I➢6A PROP. Replace the edsling drainage,mf.*.0 We,add nev TEXAS 3r „ Co r r' nlets, eplace curb andgu pavement, tter. p/ DRAINAGE / I �cross-se<liw FomTeeas Avenue to the ae,L adNreplaw I eme�alks add streetscape,ryhwy,so-eetfurnnere LIMITS `� replace avater a nd sewerJines EXHIeITA r oe �2 I u. � � „ � / -• j` / r % Legend t. Construction Areas m �i J L , P+r PREPAREDAABY MA LEY paI Ee:91VBA0�2�rz0]t �RE-A B / fegt -6- DocuSign Envelope ID:BD42393B-AD06-4E87-A692-AD847F3C6688 HCFCD Agreement Number 2022-49 EXHIBIT B WEST TEXAS AVENUE STREET AND DRAINAGE IMPROVEMENTS Estimated Project Cost Totals Drainage Improvements $790,700 Pavement Reconstruction and Sidewalks $1,381,788 Water&Sewer Replacement $486,850 Lighting&Streetscape $460,000 Contingency $623,868 Construction Total $3,743,206 Engineering&Design $449,185 Additional Services $299,456 Project Total $4,491,847 CDBG Funding(67%) $2,993,939 Baytown Share(18%) $787,500 Harris County Share(16%) $710,408 uocuoign cnveiope w:tsU4L3y3ts-HUVb-4CtS/-HbJL-HUt34/r3l:bbtStf HCFCD Agreement Number 2022-49 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 Tom S. Ramsey, P.E. 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 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 0 0 0 NAYS: Comm. Rodney Ellis 0 ABSTENTIONS: Comm. Adrian Garcia [- Comm. Tom S. Ramsey, P.E. ED 0 Comm. R. Jack Cagle 0 0 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 desires to design and construct the demolition, reconstruction and improvement of the West Texas Avenue Storm Sewer, hereinafter referred to as the "Project" as shown in attached Exhibit A; and WHEREAS, the District's mission is to provide flood damage reduction benefits with appropriate regard for community and natural values, and desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the Texas General Land Office ("GLO") is willing to fund a portion of the Project through a Community Development Block Grant; and WHEREAS, the City has estimated the cost of the Project to be FOUR MILLION FOUR HUNDRED NINETY-ONE THOUSAND EIGHT HUNDRED FORTY-NINE AND NO/100 DOLLARS ($4,491,847.00) as shown in attached Exhibit B, and the GLO is willing to contribute TWO MILLION NINE HUNDRED NINETY-THREE THOUSAND NINE HUNDRED THIRTY-NINE uocubign tnveiope iu:bU4/-JUJ i-AUU6-4t8/-A69Z-AD847F3G6688 HCFCD Agreement Number 2022-49 AND NO1100 DOLLARS ($2,993,939.00)and the City is willing to contribute SEVEN HUNDRED EIGHTY-SEVEN THOUSAND FIVE HUNDRED AND NOI100 DOLLARS ($787,500.00) ("City Contribution") toward the Project; and WHEREAS,the District desires to contribute a maximum of SEVEN HUNDRED TEN THOUSAND FOUR HUNDRED EIGHT AND NO1100 DOLLARS ($710,408.00) ("District Contribution")toward the shared cost of the drainage components of the Project; 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, 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 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. eng Baytown 2022-49.docx