Ordinance No. 14,994 ORDINANCE NO. 14,994
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE HARRIS COUNTY
FLOOD CONTROL DISTRICT FOR THE DANUBINA AND EAST JAMES STREET
DRAINAGE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
IN AN AMOUNT NOT TO EXCEED SIXTEEN MILLION NINE HUNDRED EIGHTY-
NINE THOUSAND ONE HUNDRED NINETY-SIX AND NO1100 DOLLARS
($16,989,196.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 the Harris County
Flood Control District for the Danubina and East James Street 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 SIXTEEN MILLION NINE HUNDRED EIGHTY-NINE THOUSAND ONE
HUNDRED NINETY-SIX AND NO 100 DOLLARS ($16,989,196.00) 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 NOI100 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 affirmative vote of the City Council of the City of
Baytown this the 13`h day of January,2022.
RANDON CAPETILLO, Mayor
EST:
O�epYTOWIV T
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ANGEL ACKSON, City Cl
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APPROVED AS TO FORM: � UF'-��v°��
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TREVOR FANN NG, Interim City Attorney
RAKaren Anderson\ORDINANCM202 11202 1.0 1.13\HCFCDlnterlocal-EJamesStDrainageProject.docx
EXHIBIT "A"
S CCU 1001 Preston St.,Suite 934
Harris County, Texas Houston,Texas 77002
Commissioners Court
rams
Request for Court Action
File M 21-6649 Agenda Date: 12/14/2021 Agenda M 114.
Department: Flood Control District
Department Head/Elected Official: Alan R. Black, P.E., Interim Executive Director
Regular or Supplemental RCA: Regular RCA YES NO ABSTh.,L�
Type of Request: Interlocal Agreement Judge Lina Hidalgo 9d ❑ ❑
Comm Rodney Ellis pq ❑ ❑
Project ID (if applicable): Q103-00-00-G001 Comm Adrian Garcia Comm Toms Ramsey ,6_�/ ❑❑ ❑❑
Iy0
Vendor/Entity Legal Name (if applicable): City of Baytown ❑ ❑
MWDBE Participation (if applicable): N/A Comm.R lack Cagle
Request Summary(Agenda Caption):
Request for approval of an interlocal agreement with the City of Baytown in the amount of$16,828,168 for a
partnership to construct detention basins, improve storm sewer systems and make channel improvements to
Hull Gully at HCFCD Unit Q103-00-00-for the Danubina/East James Area Drainage Improvements Project.
(Cedar Bayou Watershed, Bond ID Z-02, Project ID Q103-00-00-G001, Agreement No. 2022-70, Precinct 2).
Background and Discussion:
Drainage improvements including channel improvements of Hull Gully, trunkline with street and utility
updates along E Hunnicutt Ave, along with multiple detention basins to mitigate the work.
Expected Impact:
The increase n storm sewer conveyance capacity will reduce the likelihood of flooding.
Alternative Options:
To not participate in the cost-sharing which would delay the realization of benefits for the area.
Alignment with Goal(s):
_Justice and Safety
_Economic Opportunity Presented to Commissioners Court
_Housing December 14, 2021
_Public Health
_Transportation
X Flooding Approve G E
_Environment
Governance and Customer Service
Harris County,Texas Page 1 of 3 Printed on 12/10/2021
powered by LegistarT°
File M 21-6649 Agenda Date: 12/14/2021 Agenda M 114.
Prior Court Action (if any):
Date Agenda Item# Action Taken
06/08/2021 93. ATN
Location: N/A
Address (if applicable):
Precinct(s): Precinct 2
Fiscal and Personnel Summary
Service Name Fa.-3-- Engineering Services
FY 21-22 FY 22 Next 3 FYs
Incremental Expenditures (do NOT write values in thousands or millions)
Labor Expenditures $ $ $
Non-Labor Expenditures $16,828,168 $ $
Total Incremental Expenditures $16,828,168 $ $
Funding Sources (do NOT write values in thousands or millions)
Existing Budget
Bonds $16,828,168 $ $
Noose an item. $ $ $
Noose an item. $ $ $
Total Current Budget 1$16,828,168 $ $
Additional Budget Requested
Noose an item. $ $ $
Noose an item. $ $ $
Noose an item. $ $ $
Total Additional Budget Requested $ $ $
Total Funding Sources $16,828,168 $ $
Personnel (Fill out section only if requesting new PCNs)
Current Position Count for Service - - -
Additional Positions Requested - -
Total Personnel - -
Anticipated Implementation Date: December 14, 2021
Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item
Harris County,Texas Page 2 of 3 Printed on 1 211 0/2 0 2 1
powered by Legislar"'
File#:21-6649 Agenda Date: 12/14/2021 Agenda#: 114.
Contact(s)name,title,department: Alan R. Black, P.E., Interim Executive Director
Matthew K.Zeve, P.E., Deputy Executive Director
Attachments(if applicable):Agreement and Map
Harris County.Texas Page 3 of 3 Printed on 12l1012021
powered by Legistarl
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HCFCD Agreement Number 2022-70
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 Parties desire to construct several detention basins, improve storm sewer
systems and make channel improvements to Hull Gully, HCFCD Unit Q103-00-00, in the City
known as the Danubina/E. James Area Drainage Improvements Project ("Project") as depicted
on attached Exhibit A; and,
WHEREAS, Phase 1 of the Project involves the design and construction of the Trunkline along
E. Hunnicutt Street between S. 181 Street and Danubina Street ("Trunkline"), along with the
Proposed E. James Area Storm Sewer Improvements as shown on attached Exhibit A; and
WHEREAS, Phase 2 of the Project involves the construction of channel improvements along Hull
Gully and associated detention basins as shown on attached Exhibit A; and
WHEREAS, the District is willing to prepare a preliminary engineering report, design, acquire the
right-of-way, acquire the permitting, and construct the Project; and
WHEREAS, the City is willing to acquire the right-of-way for channel improvements, and acquire
the right-of-way to mitigate the Trunkline for the Project; and
WHEREAS, the City is willing to initially fund the District to acquire the right-of-way, permit and
prepare the bid documents for the Project; and
WHEREAS, the City is willing to fund the District for construction once construction plans are
finalized and detailed cost estimates are completed; and
WHEREAS,the City will convey an easement to the District on the property it acquired along Hull
Gully once the Project is complete; and
WHEREAS, the City estimates the cost of the Project is $33,817,364.00, as shown on attached
Exhibit B, and the City is willing to contribute a maximum of$16,989,196.00 ("City Contribution")
toward the Project cost; and
WHEREAS, the District desires to contribute a maximum of $16,828,168.00 ("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.
1
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HCFCD Agreement Number 2022-70
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 transmit to the District
$5,161,902.00. The District shall encumber funds based on the following cost estimates, to be
reconciled to actual amounts at conclusion of the Project:
ROW $2,796,443.00
Additional Services $ 946,184.00
Preliminary Engineering, Design $1,419,275.00
and Permitting
Construction $11,827,294.00
TOTAL $16,989,196.00
Upon completion of the 100 percent construction documents,the City shall transmit to the District
$11,827,294.00, to be reconciled to actual amounts at conclusion of the Project, subject to
Article V.
Notwithstanding any other provision of this Agreement, it is expressly understood and agreed that
the District may reallocate funding between the items noted above as necessary.
II.
The City shall provide the District any preliminary engineering and design criteria needed for the
storm sewer segments. The District shall design and construct the Project in compliance with
current HCFCD Policy, Criteria, and Procedure Manual and incorporate the City's requirements.
The District shall provide engineering services and related support services necessary for the
preliminary engineering report (PER), and preparations of the plans, specifications, estimates,
and a project manual for the construction of the Project (Construction Documents). The District
shall submit the PER and the Construction Documents to the City for the City's review and
comment when approximately 50,90 and 100 percent complete.The City shall provide comments
to the District within 20 days or the plans will be deemed approved. 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 half the cost of any Drainage Components overruns
and pay the full cost of 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.
Ill.
Following the completion of the PER of the Project,the City will acquire property along Hull Gully
for the Project using its acquisition procedures. Once the property is acquired and the Project is
complete, the City shall grant an easement on the property along Hull Gully to the District. The
City also may acquire property for detention basins as part of the Project and will acquire the
property using its acquisition procedures. The City will keep title to any detention basin property
it acquires and maintain it.
2
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HCF0 Agreement Number 2022-70
Once PER is complete,the District will start acquiring property for any remaining detention basins
needed for the Project as identified in the PER. The District will acquire the property using its
acquisition procedures. The City will grant to the District a temporary right of entry and
construction easement on any City property that the District needs to build the Project.
IV.
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
for the Project shall be final. 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. The District will include
the City in all Project design and construction progress meetings.
V.
Notwithstanding any other provision of this Agreement,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 SIXTEEN MILLION EIGHT
HUNDRED TWENTY-EIGHT THOUSAND ONE HUNDRED SIXTY-EIGHT AND NO/100
DOLLARS ($16,828,168.00) 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 SIXTEEN MILLION NINE
HUNDRED EIGHTY-NINE THOUSAND ONE HUNDRED NINETY-SIX AND NO/100
DOLLARS ($16,989,196.00) 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.
3. The District Contribution to the Project is only for drainage components of the Project. Any
non-drainage components of the Project, including but not limited to sidewalks,
recreational facilities, lighting, and new water or sanitary lines not required for the storm
sewer improvements, will be paid for exclusively by the City. The Drainage Components
of the Project are defined as property acquisition, storm sewer drainage improvements,
pavement and sidewalk reconstruction,water and sewer line adjustments required for the
storm sewer improvements, and engineering, design, and additional services related to
the listed components.
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 either Party starts the acquisition procedures for the property
needed for the Project. In this scenario, the District will return to the City any unspent portion of
the City Contribution in a timely manner.
If the City is unable to acquire all the tracts of property needed for the channel improvements to
Hull Gully, the City shall terminate the Agreement and grant an easement to the District on the
tracts the City was able to acquire. In this scenario, the District may, but is not obligated to,
3
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HCFCD Agreement Number 2022-70
complete the channel improvements to Hull Gully or any portion of this Project. The District will
then refund to the City any unspent portion of the City Contribution. If the City terminates this
Agreement and has acquired any property for detention basins for the Project, it will either convey
the property for the detention basins to the District and the District will return to the City its share
of the cost of the property or the City will keep the property and use it as it chooses to and return
to the District its share of the cost of any property acquired by the City for detention basins.
If the City terminates this Agreement for any reason, any property the District has acquired or is
in the process of acquiring to construct the detention basins can be used by the District as it
chooses. If the District constructs the detention basins described in the Project, it may keep any
storm water capacity to itself. The District will refund to the City any unspent portion of the City
Contribution, including the City's share of the cost of any property acquired by the District for the
detention basins.
Once a Party has started the acquisition of property and the District terminates this Agreement,
the District may convey the property it has acquired for the detention basins to the City or it can
refund to the City the amount of the City Contribution that makes up the City's share of the cost
of the property. If the District conveys the property acquired for the detention basins to the City,
the District will keep any unspent portion of the District contribution, including the District's share
of the cost of the property, and return to the City any unspent portion of the City Contribution.
VII.
Within thirty (30) days of completion of the construction of the Project, the District shall provide
the City with record drawings of the Project. Upon request,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.
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.
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.
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HCFCD Agreement Number 2022-70
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 address:
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.
XIII.
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 December 14,2021
APPROVED AS TO FORM:
CHRISTIAN D. MENEFEE HARRIS COUNTY FLOOD CONTROL
Hams County Attorney DISTRICT
Doeuftned by: 114
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By: 09FE318CE1M49E... By:
I.AURA FIORENTINO CAHILL LINA HIDALGO,
Senior Assistant County Attorney County Judge
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HCFCD Agreement Number 2022-70
ATTEST: CITY OF BAYTOWN
By: By:
Name: Name:
Title: Title:
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HCFCD Agreement Number 2022-70
EXHIBIT B
DANUBINA-L JAMES AREA DRAINAGE IMPROVEMEN13
Estimated Project Cost
Description Totals CRY Contribution District Contribution
Construction includes 20'%contingency) $23,520,398 $11,827,294 $11,693,104
Engineering&Design $2,822,448 $1,419,275 $1,403,173
Additional Services $1,881632 $946,184 $935,448
ROWacquisidon $5,592,886 $2,796,443 $2,796,443
Pro ectTotal 1 $33,817,3641 $16,989AS61 $164828,168
B-1
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HCFCD Agreement Number 2022-70
Presented to Commissioners Court
December 14,2021
THE STATE OF TEXAS §
§ Approve: GCE
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
December 14,2021 , 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: none 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 Garcia introduced an order and made a motion that
the same be adopted. Commissioner Ellis 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 Ql Q 0
NAYS: Comm. Rodney Ellis m Q Q
ABSTENTIONS: Comm. Adrian Garcia F]
Q Q
Comm. Tom S. Ramsey, P.E. Q Q
Comm. R. Jack Cagle ® Q Q
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 Parties desire to construct several detention basins, improve storm sewer
systems and make channel improvements to Hull Gully in the Danubina and E. James area of the
City known as the Danubina/E. James Area Drainage Improvements Project ("Project") as
depicted on attached Exhibit A; and,
WHEREAS, Phase 1 of the Project involves the design;acquisition of property for several
detention basins on the west side of the Project and the construction of storm sewer systems and
detention basins as shown on attached Exhibit A; and
WHEREAS, Phase 2 of the Project involves the acquisition of property for several
detention basins on the east side of the Project and the construction of the detention basins and
channel improvements along Hull Gully as shown on attached Exhibit A; and
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HCFCD Agreement Number 2022-70
WHEREAS, the District is willing to acquire the right-of-way, and will design and construct
Phase 1 of the Project; and
WHEREAS, the City is willing to acquire the right of way for Phase 2, and the District will
design and construct Phase 2 of the Project; and
WHEREAS, the City will convey an easement to the District on the property it acquired
along Hull Gully once the Project is complete; and
WHEREAS, the City estimates the cost of the Project is $33,817,364.00, as shown on
attached Exhibit B, and the City is willing to contribute a maximum of $16,989,196.00 ("City
Contribution")toward the Project cost; and
WHEREAS, the District desires to contribute a maximum of $16,828.168.00 ("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,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 Intedocal 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 0103 2022-70 rev(002).docx
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