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Home My WebLink AboutRES 20-072RESOLUTION NO. 20-072 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement between the City of Beaumont and Jefferson County Drainage District No. 6 (DD6) for the Cherokee Drainage Project. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7h day of April, 2020. INTERLOCAL AGREEMENT THE CITY OF BEAUMONT AND JEFFERSON COUNTY DRAINAGE DISTRICT No. 6 C IEIEROIKEE PROJECT COST OVERRUNS STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement was made by and between.the City of Beaumont, ahome rule City of the he 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 worked together to make improvements to the City'§ drainage infrastructure in Beaumont, Jefferson County, Texas, in the area of Cherokee Lane southerly to Calder Avenue under City streets. WHEREAS, the District installed culverts, under Cherokee Lane, 14t4 Street; North Street and 15" Street to Calder Avenue. WHEREAS,, the City owns and maintains the afore -mentioned streets, and the Cityand the District recited in writing, certain duties and obligations between the parties in an Interlocal Agreement dated December 14, 2016, with regards to this culvert installation project. WHEREAS, the City's actual costs exceeded the original estimate -included in the es Ate December 14, 2016 Interlocal Agreement (Cherokee Project). E,TMRLOCAL AGREEMENT - Cherokee Project Cost Overhms City of Beaumont and Jefferson County Drainage District No. 6 Page 1 WITNE.SSE.TH THEREFORE,. the City and the District. agree as follows:' CONTINGENTUPON RECEIVING" CONFIRMATION FROM THE :TEXAS WATER DEVELOPMENT BOARD: 'THAT JEFFERSON COUNTY -DRAINAGE DISTRICT NO. 6 HAS OBTAINED FUNDING ON ALL COST OVERRUNS `PERTAINING TO THI&PROJECT. Item 1: The nreimburse s �ran i onseventy-five (75%) of t'District eircsts, not to exceed $27358lrelated -to and sewer line adjustments .that were performed to allow for 'the: culvert. installations, :in addition to the, original amount of $75,000; Item 2: The District agrees to reimburse the City for an additional seventy-five (759/6) of the .costs not .to exceed $35,123.36 for any street repairs: related to storm. sewer .improvements made by the District on .Cherokee .Lane, 14'h Street;, North. Street and 151' Street to Calder Avenue, in addition to the original. amount to $206,250.00; Item 3: Due to cost overruns, the City invoiced the District- an additional, one Hundred (1000/6), which amounts to $46,831.15 for street repairs and $36,477.88 for utility adjustments. - EXECUTED this day of , 2019. ATTEST: CITY OF BEAUMONT By. By City Clerk -City Manager Printed Name: Printed Name:. ATTEST: JEFFERSON COUNTY DRAINAGE DISTRICT NO., 6 By: By: OW Charles "Chuck" Guillory, Secretary . oshua W: Allen, Sr., President .. DC/pa/DD6/Inter1oca1s INTERLOCAL AGREEMENT - Cherokee Project Cost Overruns City of Beaumont apd.Jefferson County Drainage District No. :6 Page 2 THE STATE OF TEXAS THE COUNTY OF JEFFERSON 2.01:9 8 JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 Agenda Item 9 RESOLUTION BE IT REMEMBERED that, at a meeting of the Board of Directors of Jefferson County Drainage District. No. 6, of Jefferson County, Texas, at -which a quorum was present, held after proper noti ce according to law on the 2.2nd day of January :2019, on a motion made by Charles "Chuck" Guillory and seconded Bati L. Owens by the :following Resolution was duly adopted by vote of Board Members present and voting as follows: Director Joshua W. Allen, Sr. Aye Director Charles "Chuck" Quillor Aye Director Miriam K. Johnson Aye - Director Bart L. Owens 'Aye Director Bernie Daleo Aye BE IT RESOLVED that contingent upon Jefferson County Drainage District No. 6 receiving FMA grant funds, the "Cherokee Project Cost Overrun Interlocal Agreement" between Drainage District No.. 6 and the City of Beaumont, in connection mith the Cherokee FMA Project be and the same is hereby Authorized. ADOPTED this 22nd day of January 2019. PreWent ATTEST: C �' Secretary/Act' Secretary . all PROJECT NUMBER STREET NAME PUBLIC WORKS - STREET REPAIRS WATER & SEWER STCK01 . CHEROKEE LANE $ 7-5;326;85 $ _ ST.CK02 14TH STREET : $ 148,327.17. $ 83,23.8.21 STCK03 NORTH STREET. $ 41,36936 $ .. 11474.63 . STCK04 ' 15TH STREET :$ 56 807.37 $ 41,765.K STCK05 CALDER AVENUE $ - $ - TOTAL 100"/0 $ 321,83115 $ 136,477:88 25% $ $0,45.7.79 $ .. 34,119.47 75%.. $ - 241,37336 $ 102,358.41 DD6 Commitment. under Interlocal Agreement $ 206,250.00' $ 75,000.00 v►l k ✓M p- j 241.;573 36+ 0U- 1 p2) 353. 41 t 75, J00 - p'J- 000 62 ,-481 •77 <. INTERLOCAL• AGREEMENT TH>; CITY OF BEAUMONT AND JEFFERSON COUNTY DRAINAGI; DISTRICT NO. 6 (CHEROKEE 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 Beaumont, Jefferson County, Texas, in the area of Cherokee Lane southerly to Calder Avenue tinder City streets; WHEREAS, the District is installing culverts, under Cherokee Lane, 141' Street, North Street and 15`h Street to Calder Avenue; 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 INTERLOCAL AGREEMENT - Cherokee Project City of Beaumont and Jefferson County Drainage District No. 6 Page 1 EXHIBIT "A" 1. The District agrees to reimburse the City for seventy-five (75%) of their costs, not to exceed $75,000.00, 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 seventy-five (75%) of the costs not to exceed $206,250.00, for any street repairs related to storm sewer improvements made by the District on Cherokee Lane, 1411' Street, North Street and 15"' Street to Calder Avenue; 3. The District will provide manpower and equipment to excavate for the water and sewer line adjustments and installations, except for any pipe bursting of existing water or sewer lines. 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 $275,000.00 for street repairs and $100,000.00 for utility adjustments. 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 INTERLOCAL AGREENMNT - Cherokee Project City of Beaumont and Jefferson County Drainage District No. 6 Page 2 reimburse the City for seventy-five (75%) of the total costs invoiced. The City will be responsible for the twenty-five (255o) local share match. The twenty-five (25%) 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. The District agrees to reimburse the City for total cost of the street repairs and utility adjustments in the amount not to exceed $281,250.00. EXECUTED this AIM' —day of ) „ 2016. ATTEST: By: OA S By: i ler ATTEST: By:y� _ Charles "Chuck" Guillory, Secretary DC/pa/DD6 CITY OF BEAUMONT City Manager JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 B y� . I 1VU4 Ashua W. Allen; §r., President INTERLOCAL AGREEMENT -Cherokee Project City of Beaumont and Jefferson County Drainage District No. 6 Page 3 RESOLUTION NO. 16-250 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the City Manager be and he 'is hereby authorized to execute an Interlocal Agreement between the City of Beaumont and Jefferson County Drainage District No. 6 (DD6) for the Cherokee Drainage Project. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of December, 2016. or Bec y Ames - w � THE STATE OF TEXAS THE COUNTY OF JEFFERSON JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 Agenda Item 4 RESOLUTION BE IT REMEMBERED that, at a meeting of the Board of Directors of Jefferson County Drainage District No. 6, of Jefferson County, Texas, at which a quorum was present, held after proper notice according to law on the 20th day of December, 2016, on , a motion made by Charles "Chuck" Guill®ry and seconded b Bart L. Owens 3Y the following Resolution was duly adopted by vote of Board Members present and voting as follows: Aye Director Joshua W. Allen, Sr. Absent Director William F. Miranda Aye Director Charles "Chuck" Guillory Absent Director Miriam K. Johnson Aye Director Bart L. Owens WHEREAS, Drainage District No. 6 was awarded a FEMA grant for the Cherokee Project that was designed to enhance the existing underground drainage system by adding additional culverts to Cherokee Lane southerly to Calder Avenue. WHEREAS, the City of Beaumont will be working with Drainage District No. 6 to make improvements to the City's drainage infrastructure in Beaumont, Jefferson County, Texas, in the area of Cherokee Lane southerly to Calder Avenue under the City's streets. NOW, THEREFORE, BE IT RESOLVED that the execution of an hiterlocal Agreement between .the City of Beaumont and Drainage District No. 6, outlining in writing certain duties and obligations between Drainage District No. 6 and the City of Beaumont (on file in District records) with regards manpower, equipment, materials, and utility adjustments is hereby Authorized; BE IT ALSO RESOLVED that pursuant to this Interlocal Agreement, reimbursement to the City of Beaumont for 75% of the City's costs, not to exceed $75,000, related to water and sewer line adjustments pursuant to this Interlocal Agreement is hereby Authorized; Agenda Item 4 —December 20, 2016 Meeting Page 2 BE IT FURTHER RESOLVED that pursuant to this Interlocal Agreement, reimbursement to the City of Beaumont for 75% of the costs, not to exceed $206,250.00, for necessary street repairs related to storm sewer improvements made on Cherokee Lane, 14th Street, North Street and 15+h Street up to Calder Avenue is hereby Authorized. .ADOPTED this 20th day of December, 2016. k, e. J&ZL Pres&ht ATTEST: C Secretary/Acting Secretary