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HomeMy WebLinkAboutRES 15-169RESOLUTION NO. 15-169 BE IT RESOLVED BY THE CITY COUNCIL OF THE 'CITY OF BEAUMONT: THAT the City Council hereby approves the execution of Amendment No. 2 to the Jefferson County Drainage. District No. 6 (DD #6) Interlocal Agreement, substantially in the form attached hereto as Exhibit 1" 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 11th day of August, 2015. 0 U It yor Becky A es - o AMENDED INTERLOCAL AGREEMENT NO. 2 As of July 28, 2015 THE CITY OF BEAUMONT AND JEFFERSON COUNTY DRAINAGE DISTRICT No. 6 (LUCAS SRL RELIEF GRANT PROJECT STATE 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 Interlocal Cooperation Act, Chapter 791 of the Texas Government Codq. 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, Fillmore, 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: WITNESSETH 1. 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; EXHIBIT "1" 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, Fillmore, 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 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 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. 8. This Interlocal is amended to add number 8. (Amendment No. 1). In addition to the street repairs referred to in items 1 thru 7, sections of each of these streets, Harding Avenue, Dallas Avenue, Charles Street, Idylwood Avenue, Lufkin Avenue, Laredo Avenue, Galveston Avenue, El 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 AMENDED INTERLOCAL AGREEMENT NO.2 - Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. 6 Page 2 agrees to reimburse 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 Texas Water Development Board (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. 9. This Interlocal is amended to add number 9. (Amendment No. 2). The estimated value of the scope of work listed in items 1 thru 8 is now final. The City will invoice the District a total of $1,890,389.73 for street repairs. The District agrees to reimburse the City for ninety percent (9051o) of their costs for these street repairs, which calculates to be $1,701,350.76 or the amount as adjusted by TWDB. In addition, the City will invoice the District $198,300.34 for utility adjustments. The District agrees to reimburse the City for ninety percent (90%) of their costs for these utility adjustments, which calculates to be $178,470.31 or the amount as adjusted by TWDB. 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 AMENDED INTERLOCAL AGREEMENT NO.2 - Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. 6 Page 3 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 once funding has been provided to the District from TWDB/FEMA. 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 FEMA. The reimbursement to the City is contingent upon funding received by the District from TWDB. 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 ATTEST: By: City Clerk ATTEST: LOU Charles "Chuck" Guillory, Secretary pa/DD6-Winword/Interlocal/Lucas/No.2 2015. CITY OF BEAUMONT By: City Manager JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 By: Joshua W. Allen, Sr., President AMENDED INTERLOCAL AGREEMENT NO.2 - Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. 6 Page 4 INTERLOCAL AGREEMENT THC CITY OF BEAUMONr AND JEFFERSON COUNTY DRAINAGE DISTRICr No. 6 (LUCAS SRL RELIEF PROJECT) STATE, OF T E X A S § 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 Comity Drainage District No. 6, a special district of the State_ of Texas (hereinafter called "District') under authority of the Interlocal 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; WHERE AS, the District is installing culverts, under Abilene, Lucas, Lufkin, Ll Paso, Galveston, Wilson, Dallas, Fillmore, 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 panties hereto with regards to this culvert installation project; THEREFORE, the City and the District agree as follows: WITNESSETH. 1. 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; EXHIBIT "A" I 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, P`illmore, 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 Disaict will purchase and haul the necessary backfill; G. 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 (901/0) of INTERLOCAL AGREEMENT - Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. G Nage 2 the total costs invoiced. The City will be responsible for the ten percent (10%) local share snatch. 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 gsant for FEMA. Any amount reimbursed to the City by the District and later disallowed by TWDB/)aEMA, or as a result audit will be the sole responsibility of the City. EXECUTED this day of _ , 2012. ATTEST: By: City Cleric ATTEST: By:_ William F. Miranda, Secretary DC/pa/DD6 CITY OF BEAUMONT By: City Manager JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 By: Sam O. Smith, President INTERLOCAL AGREEMENT - Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. 6 Page 3 EXISTING ASPHALT VARIES Tp BE INSTALLED DY crry 0P& -CU7y �4SPZALT J - CRIIS FEDZT�STpNE. sSX PRWTpR PIPE SEVER DIAMETER AND LESS F©R PIPE TNeR 10-0, 80,DFpR B©X SEVER, LIMITS DF P 1 IMET AYMENT FPR ENSACSTAIiILIZE'D BACKFILL K IN LRIpE ©F STABILIZED sA MDNTD N r if i f AMENDED INTERLOCAL AGREEMENT NO. I As of October 22, 2013. THE CITY OF BEAUMONT AND JkFFERSON COUNTY DRAINAGE DISTRICT No. 6 (LUCAS SRL RELIEF GRANT PROJECT) STATE 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 Interlocal 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, Fillmore, 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: WITNESSETH I . 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, Fillmore, Hayes, and Buffalo Streets; 3. The District will provide manpower and equipment to excavate. for the water and i 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; C. 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. 1 - Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. G 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 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. b. This Interlocal is amended to add item number 8. In addition to the street repairs referred to in items 1 thru 7, sections of each of these streets, Harding Avenue, Dallas Avenue, Charles Street, Idylwood Avenue, Lufkin Avenue, Laredo Avenue, Galveston Avenue, El 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 reimburse 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. 1 - Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. 6 Page 3 Texas Water Development I3oard (TWDI3) 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 ATTEST: By: City Clerk ATTEST: By: day of Charles "Chuck" Gaillory, Secretary DC/pa/DD6 BH/sl/DD6 Amended Interlocal Agreement No. I By: 20I3. CITY OF BEAUMONT City Manager JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 Joshua W. Allen, Sr., President AMENDED INTERLOCAL AGREEMENT NO. l - Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. 6 Page 4