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HomeMy WebLinkAboutRES 13-252 RESOLUTION NO. 13-252 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the execution of Amendment No. 1 to the Jefferson County Drainage District No. 6 (DD#6) Interlocal Agreement, substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes, for the Lucas SRL Relief Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - &r Becky An4ds - � i 0 �� AMENDED INTERLOCAL AGREEMENT NO. I As of October 22, 2013. THE CITY OF BEAUMONT AND .JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 (LUCAS SRL RELIEF GRANT PROJECT STATIC OF TEXAS § COUNTY OF JEFFERSON § This agreement is made by and between the City of Beaumont, a home rule City of the State of Texas (hereinafter called "City") and Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called "District") under authority of the hiterlocal Cooperation Act, Chapter 791 of the Texas Government Code. WHEREAS, the City and the District are working together to make improvements to the City's drainage infrastructure in the north end of Beaumont, Jefferson County, 'Texas, in the area of Abilene Street southerly to Buffalo Street, to include the installation of culverts, as well as new sewer lines and water lines; WHEREAS, the District is installing culverts, under Abilene, Lucas, Lufkin, El Paso, Galveston, Wilson, Dallas, rillmore, Hayes and Buffalo Streets; WHEREAS, the City owns and maintains the afore-mentioned streets, and the City and the District are desirous of reciting in writing, certain duties and obligations between the parties hereto with regards to this culvert installation project; THEREFORE, the City and the District agree as follows: EXHIBIT "A" WITNESSETH 3. The District agrees to reimburse the City for ninety percent (90%) of their costs, not to exceed $247,500.00, related to water and sewer line adjustments that will be performed to allow for the culvert installations; 2. The District agrees to reimburse the City for ninety percent(90%) of the costs not to exceed $427,500.00, for any street repairs related to storm sewer improvements made by the District on Abilene, Lucas, Lufkin, El Paso, Galveston, Wilson, Dallas, Filhmre, Hayes, and Buffalo Streets; 3. The District will provide manpower and equipment to excavate for the water and sewer line adjustments and installations. Upon completion of the utility adjustments or installations, the District will backfill the excavation under the City's direction; 4. The City will purchase and supply pipe and appurtenances for the utility adjustments and installations. The City will supply manpower to make tie-ins and help lay pipe; 5. The District will backfill the culverts, beside and above the culverts, as per Attachment "A." The District will purchase and haul the necessary backfill; 6. The City will provide materials, manpower, and equipment to pave the road(s); and 7. On a monthly basis or greater, at its convenience, the City will invoice the District for one hundred percent (100%) of the costs of the repairs to date, up to $475,000.00 for street repairs and $275,000.00 for utility adjustments. The invoice will include all back-up documentation that justifies the invoice amount, such as material invoices, equipment use costs, labor costs, and contractor invoices. The District will then reimburse the City for ninety percent (90%) of AMENDED INTERLOCAL AGREEMENT NO. I -Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. 6 Page 2 the total costs invoiced. The City will be responsible for the ten percent (10%) local share match. The ten percent (10%) can be in-kind, or by purchase of material. All documentation for expenses must be in a format accepted by the Texas Water Development Board (TWDB) as the administrator of this grant for FE-MA. Any amount reimbursed to the City by the District and later disallowed by TWDB/FBMA, or as a result audit will be the sole responsibility of the City. b. This Interlocal is amended to add item number 8. In addition to the street repairs referred to in items i thru 7, sections of each of these streets, Harding Avenue, Dallas Avenue, Charles Street, Idylwood Avenue, Lufkin Avenue, I.,aredo Avenue, Galveston Avenue, Fl Paso Avenue, Wilson Street, Buffalo Avenue, Wilshire Avenue and Abilene Avenue have been damaged due to District equipment and District truck traffic entering and exiting the project area. The District agrees to reitnburse the City for an additional ninety percent (90%) of their costs, not to exceed $670,500 for these street repairs. The City will invoice the District for one hundred percent (100%) of the costs of the repairs for the additional street work, up to $745,000. The combined total billing for all street repairs, including the original not to exceed amount of $475,000, cannot exceed $1,220,000 (100%) and reimbursement will not exceed $1,098,000 (90%). The invoice will include all back-up documentation that justifies the invoice amount, such as material invoices, equipment use cost, labor cost, and contractor invoices. If a contractor is used, documentation must be provided to prove the contractor was hired using a fair method to solicit the bid(s) and the lowest bidder or bidder to the best interest of the District was hired. All contractors must be checked for disbarment and proof of the verification must be provided. The District will then reimburse the City for ninety percent (90%) of the total cost invoiced. The City will be responsible for the ten percent (10%) local share match. The ten percent (10%) can be in-kind, or by purchase of material. All documentation for expenses must be in a format accepted by the AMENDED INTERLOCAL AGREEMENT NO. I -Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. 6 Page 3 Texas Water Development I3oard (TWDB) as the administrator of this grant for FEMA. Any amount reimbursed to the City by the District and later disallowed by TWDB/FEMA, or as a result audit will be the sole responsibility of the City. EXECUTED this day of , 20I 3. ATTEST: CITY OF BEAUMONT By: By: City Clerk City Manager ATTEST: JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 By: By: Charles "Chuck" Guillory, Secretary Joshua W. Allen, Sr., President DC/pa/DD6 BH/sl/DD6 Amended Interlocal Agreement No. I AMENDED INTERLOCAL AGREEMENT NO. 1 -Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No.6 Page 4