O-2021-3824 to revise 2012 ETJ exchange agreement between the City of La Porte and City of Pasadena

Browse Search

Drainage Improvement for bid, in conjunction with the engineering firm retained by La Porte. Pasadena agrees that it will advertise the construction phase of the project for bid no later than sixty (60) days after all required approvals and acceptance of the final design and engineered drawings by all parties. e) No longer than one (1) year after Pasadena City Council award of a construction contract, construction of said Drainage Improvements shall be completed; with the exception of any force majeure event as defined herein below, extending the construction period. Subject to the foregoing, the failure of Pasadena to substantially complete construction of the Drainage Improvements within the construction period as provided herein shall entitle La Porte to construct the Drainage Improvements on the Pasadena Annexation Property. Alternatively, and subject to any force majeure event, the failure of Pasadena to award a construction contract within sixty (60) days of advertising for bids shall entitle La Porte to construct the Drainage Improvements on the Pasadena Annexation Property. In the event La Porte constructs the Drainage Improvements, Pasadena shall, subject to its final approval and Council authorization, pay for the cost of such project up to the amount budgeted, plus an additional twenty (20) percent for La Porte's subsequent project management services no more than thirty (30) days after demand for payment is submitted. f) Force maieure. In no event shall the City of Pasadena be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the City of Pasadena shall use reasonable efforts which are consistent with accepted practices in the construction industry and the contractual limitations prevailing with its vendors then in privity, to resume performance as soon as practicable under the circumstances. Section 2. Exhibit "C" of the Interlocal Agreement, titled "Proposed Drainage Improvements", is hereby amended in its entirety, and shall hereinafter read as follows; PROPOSED DRAINAGE IMPROVEMENTS As part of a planned redevelopment of the Pasadena Convention Center and Fairgrounds site south of W. Fairmont Parkway and on either side of Willow Springs Bayou (Harris County Flood Control Channel 13112-00-00 it is the intention of the City of Pasadena to make drainage improvements benefitting all those who depend upon the B112-00-00 channel (the "channel" herein) for effective flood control. Improvements will include provision for at least 100 acre feet of storm water detention as required to reduce peak event runoff volumes from impervious areas served by the channel. The Brookglen Subdivision in the City of La Porte, located immediately upstream of the Pasadena Convention Center and Fairgrounds site, consists of approximately 600 single-family 3