Ordinance No. 14,826 ORDINANCE NO. 14,826
r 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 BAYTOWN DRAINAGE PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED FOUR MILLION ONE HUNDRED FIFTY-SIX THOUSAND FOUR
HUNDRED SEVENTY-FOUR AND NO1100 DOLLARS ($4,156,474.00); 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 Baytown 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 FOUR MILLION ONE HUNDRED FIFTY-SIX THOUSAND FOUR
HUNDRED SEVENTY-FOUR AND NO/100 DOLLARS ($4,I56,474.00) 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 of vote f the eLg
of
Baytown this the 91h day of September, 2021.
p�p,Yt� ; RANDON CAPETILLO, ayor
ATTEST: 4� .°°"•°�I-0ov�,
J °
ANGELA JA KSON, Interim Cit rlc
U>
APPROVED AS TO FORM:
KAR N L. HORNER, City Attorney
RAKaren HomerlDocuments\Fi leslCity Counci llOrdinances120211September 9lHCFCDl nterlocal4 W BaytownStormScwerProj cet.doc
Exhibit "A" HCFCD Agreement Number 2022-48
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," each a "Party" to this
Agreement, and are collectively referred to herein as the "Parties."
WITNESSETH:
WHEREAS, the City desires to improve its storm sewer system and install a trunkline along
Oklahoma Street through the West Baytown Phase 1 Storm Sewer Improvement, hereinafter
referred to as the "Project" on its property as depicted on 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 improve stormwater conveyance and
reduce the flood risk to City residents; and
WHEREAS, the District is willing to design and construct the Project; and
WHEREAS, the District will publicly bid the Project and, the City has estimated the cost of the
Project to be SEVEN MILLION ONE HUNDRED THOUSAND TEN AND NO/100 DOLLARS
($7,100,010.00) and shown in attached Exhibit B, and the City is willing to contribute a maximum
of FOUR MILLION ONE HUNDRED FIFTY-SIX THOUSAND FOUR HUNDRED SEVENTY-
FOUR AND NO/100 DOLLARS ($4,156,474.00) ("City Contribution")toward the Project cost; and
WHEREAS, the District desires to contribute a maximum of TWO MILLION NINE HUNDRED
FORTY-THREE THOUSAND FIVE HUNDRED THIRTY-SIX AND NO/00 DOLLARS
($2,943,536.00) ("District Contribution") toward the shared cost of the Drainage Components of
the Project, as defined hereinbelow; 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 City shall pay the District FOUR MILLION
ONE HUNDRED FIFTY-SIX THOUSAND FOUR HUNDRED SEVENTY-FOUR AND NO/100
DOLLARS ($4,156,474.00). The District will contribute TWO MILLION NINE HUNDRED FORTY-
THREE THOUSAND FIVE HUNDRED THIRTY-SIX AND NO/100 DOLLARS ($ 2,943,536.00)of
the cost of the Drainage Components of the Project, as defined hereinbelow.
II.
The District will award the construction contract for the Project in accordance with competitive
bidding laws applicable to the District.The District's determination of the lowest responsible bidder
1
HCFCD Agreement Number 2022-48
for the Project shall be final. If the District 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 District shall provide the City design plans for the Project at 30, 60 and 90 percent complete
for its review. The City shall provide comments to the District within 20 days or the plans will be
deemed approved. The District may make changes and amendments to the drawings and
specifications within the design intent of the Project as the District deems necessary or desirable
during construction and shall notify the City of all such changes and amendments within thirty(30)
calendar days after making such a change or amendment. In the event (i) the changes or
amendments result in a change in cost of the Project or (ii) the contractor seeks a change order
that increases the cost of the Project, the District shall obtain City approval prior to proceeding
with the change or change order. The District, upon approval by Harris County Commissioners
Court, will pay half of any costs related to Drainage Components of the Project 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. Such payment shall be made by the
City to the District within thirty (30) days after the approval by the City Council.
The City will participate in all project design and construction progress meetings.
V.
The City shall provide the District a temporary right of entry and construction easement onto the
property where the Project will be constructed. The City 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.
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 TWO MILLION NINE
HUNDRED FORTY THREE THOUSAND FIVE HUNDRED THIRTY SIX AND NO/100
DOLLARS ($2,943,536.00) 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. the City shall have available the total maximum sum of FOUR MILLION ONE HUNDRED
FIFTY-SIX THOUSAND FOUR HUNDRED SEVENTY-FOUR AND NO/100 DOLLARS
($4,156,474.00) 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
(Wo� 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.
2
wuuuoiye ciiv upv w.LuormiJMW4VM-'1'1JG-`JJrJ-`JOI.D`JJ/.7l.Imav
HCFCD Agreement Number 2022-48
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.
The City or the District may terminate this Agreement,without cause, upon 30 days'written notice
to the other Party until such time as the District awards the construction contract for the Project,
in which case any unspent portion of the City Contribution shall be returned to the City 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 District will refund to the City any unspent
portion of the City Contribution. As used herein, "unspent portion of the City's Contribution" shall
mean:
1. all unspent funds for the non-Drainage Components of the Project to which the County is
not contributing; plus
2. all funds for the Drainage Components of the Project to which the Parties are contributing
minus the amount of funds spent for the Drainage Components of the Project on the date
the District receives notice of termination and dividing the difference by two.
VI I.
Within thirty (30) days of completion of the construction of the Project, the District shall provide
the City with record drawings of the Project. The District 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 District will refund to the City 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.
Vlll.
The District 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 District will require its contractors to name the District and
the City as additional insureds.The District Contribution will go toward the"Drainage Components
of the Project," which is as defined as storm sewer drainage improvements, pavement and
sidewalk reconstruction, water and sewer line adjustments relating to the storm sewer system
replacement, and engineering, design, and additional services related to the listed components.
IX.
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-
UUGU.71C3f1 CI1VL'IU}J�Iv.l.�orr►/JM-►4VM-FiJc-�JrJ-�oco�Jr JIJl1d�
HCFCD Agreement Number 2022-48
X.
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 77520
Attention: City Manager
XI.
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.
XII.
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.
All.
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
OoauSigncd by:
E
a�V'a �iDVt,v�itn.b ��
By: 09FE318CE18A48E By:
LAURA FIORENTINO CAHILL LIMA HIDALGO,
Senior Assistant County Attorney County Judge
-4-
HCFCD Agreement Number 2022-48
ATTEST: CITY OF BAYTOWN
By: J �c C By: /nyil/
Name: a�l4ela J Ac-�i&JY\ Name:
Title: e Title:
�Fgp,Y......A
o i
Up e y
ti"�,.r^'u...s• V ram._
W. or S
-5-
�
f
7EXHIB� 4RICT WEST BAYTOWN PHASE 1 DRAINAGE IMPROVEMENTS
>ty. ® i'. - ✓� —. o _ Legend
r
r :s, ce ,,. ` - s „�a . channel sr:tam
a oven
7 '+."'-. 1 ssoausaren
et
�pwdY/ .. Ba' `s I ✓Gt Oevro y 5 Highwaysn Regional
6 W
R-MapOD PA ump La
STAR-Map®Basemap Labt
1 \- �-"� {r q h'• y STARPre., ammap
_. cE
7-JIi� r�n faSt
! Tr 1 lit, f
mower
ew
A7�A; lea � New,
�' I# _-' MtcF at t Mdlk_C yt$t Parcels Harts County
�Er\j 1 ® Hams County Samoa,
9 0' PROPOSED ❑ other County Boundaries
DRA
4 nel n W
t ` MPRIO EMENTS w -ounty vicinity Map
' r ALONG 1VMain St
1 o OKLAHOMA ST.
rai. �i WMaiY,
m S
e
t w
PAIIN
s
� w Notes
kn a
•�l. T
L
t
0
4S/
�1.. �" 7/28/2021
EXHIBIT B
J W. BAYTOWN PH 1 DRAINAGE IMPROVEMENT PROJECT
Estimated Project Cost
Totals
Drainage Improvements $2,963,416
Pavement Reconstruction and Sidewalks $1,519,900
Water&Sewer Replacement $706,750
Construction Total $5,190,066
Contingency $726,609
Engineering& Design $710,001
Additional Services $473,334
Project Total $7,100,010
Baytown Share(59%) $4,156,474
[Harris County Share(41%) $2,943,537