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