Loading...
HomeMy WebLinkAboutO-1996-2087 . . ORDINANCE NO. 96- 2087 AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE BARRIS COUNTY FLOOD CONTROL DISTRICT, FOR CHANNEL IMPROVEMENTS ON UNIT F101-00-00 WATERSHED; APPROPRIATING NOT TO EXCEED $100,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates the sum not to exceed $100,000.00 from Capital Improvement Account No. 015-716-470-100 to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. . . ORDINANCE NO. 96- 2087 PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 8th day of January, 1996. CITY OF LA PORTE By: ~- r/fJ!~ 'N rma~L. Malone, \ Mayor ATTEST: s~ ~ LD - ~ Sue Lenes, City Secretary .. ~ e e INTERLOCAL AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act (TEX. GOV'T CODE ANN., Chapter 791) by and between the CITY OF LaPORTE, TEXAS, a municipal corporation under the laws of the State of Texas, hereinafter designated "ci ty , " and the HARRIS COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic under the laws of the State of Texas, hereinafter designated "District" or "HCFCD." WITNESSETH: WHEREAS, on August 2, 1988, the District and the City entered into an Interlocal Agreement to provide drainage improvements for the HCFCD unit F101-00-00 watershed; and WHEREAS, the District and the City acknowledge that improvements to the portion of the F101-OO-OO watershed upstream of Southern Pacific Transportation Company's Strang Yard are part of a long-range plan that will not be implemented in the immediately foreseeable future; and WHEREAS, the portion of the F101-OO-OO watershed upstream of Strang Yard continues to experience flooding and drainage problems; and WHEREAS, the District and the City desire to cooperate in providing interim improvements wi thin the existing right-of-way of unit F101-00-00, to include regrading and enlarging the existing earthen channel of unit F101-OO-OO from Strang Yard to North P Street and opening up the bridge approaches upstream and downstream of Sens Road, hereinafter referred to as the "Projectll; and WHEREAS, it is to the mutual benefit of the District and the City to undertake the Project, in order to provide interim relief to the affected area; and WHEREAS, the District and the City desire to share the cost of the Project, and are each willing to furnish funds in an amount equal to one-half the cost of the Project, not to exceed $100,000 each, for their respective shares of the Project; and ": e e WHEREAS, in support of the Project, the District is willing to administer the design and construction of the Project, at its own expense; and WHEREAS, in support of the Project, the City is willing to adjust all City-owned utilities that are affected by the Project, at its own expense. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties herein, the parties agree as follows: ARTICLE I. The District shall coordinate preparation of construction plans and specifications, and administer bidding, construction, inspection, materials testing and surveying for the project at the District's sole expense, which expense will not be offset against the District's share of the cost of the Project. The District intends to bid and award construction of the Project in a manner similar to that utilized by the District for other like and similar projects, and to award the contract in accordance with applicable competitive bidding laws. ARTICLE II. The City agrees to relocate any City-owned utilities affected by the Project, at the City's sole expense. The cost of any such relocations will not be offset against the City's share of the cost of the Project. ARTICLE III. The District shall notify the City in writing of the bid price of the Project within thirty (30) days after verifying and accepting a legal bid for the Project that is in the amount of $200,000.00, or less. ARTICLE IV. The City shall pay to the District an amount equal to one- half of the bid price of the Project as the City'S share of the cost of the Project, subject to the provisions of Article IX of this Agreement, wi thin thirty (30) days after receipt of the aforesaid notice. ARTICLE V. Ei ther party may rescind this agreement by gi ving thirty (30) days written notice to the other party, as provided for in Article XI of this Agreement, if an acceptable bidder does not respond to the advertisement, fails to execute the construction 2 ',' e e contract, or fails to provide the bonds required by law. ARTICLE VI. The District shall have the right to make any changes in the plans and specifications it may deem necessary or desirable during the construction of the Project in consultation with the City. However, neither party shall be obligated to expend any funds in excess of those hereinbefore specifically allocated for the Project as a result of any change in said plans or specifications, except as provided in Article IX hereof. ARTICLE VII. The District will deliver a written certification of completion and an itemized statement detailing the total actual cost of the Project to the City within thirty (30) days after final completion of the Project. Should the City's share of the total actual cost of the Project exceed the amount paid to the District by the City pursuant to Articles IV and IX hereof, the City shall pay the District the difference within thirty (30) days of receipt of the itemized statement. If the actual total cost of the Project is less than $200,000.00, then the difference between each party's share of the actual cost and its maximum contribution of $100,000.00 shall be spent for the purchase of right-of-way adjacent to the bridge crossing at Sens Road, provided that the same be sufficient for such purpose, with each party paying an equal share of such cost. If the remaining funds are insufficient for such purpose the District shall refund to the City the difference between the amount paid by the City pursuant to Articles IV and IX hereof and its share of the Project cost and each party shall retain its share of such funds. ARTICLE VIII. The District agrees to continue maintenance of the channel of unit FI01-00-00 after completion of the Project, subject to the availability and certification of funds. The cost of such maintenance shall not be offset against the District's share of the cost of the Project. ARTICLE IX. The City is not obligated to expend any funds on the Project exceeding a total of $100,000. The City has been advised by the District, and the City clearly understands and agrees, that the District shall have available the total maximum sum of $100,000 3 '.' e e specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of this Agreement. Upon taking bids, in the event the bid amount of the lowest and best bidder exceeds $200,000.00, the parties hereto shall have the following options: 1. The District may, after consultation with the City, reject all bids and re-advertise for bids for the construction of the Project in accordance with the drawings and specifications and in compliance with applicable competitive bidding laws. 2. At the option of either party, the District shall reject all bids and elect not to proceed with the letting of the construction contract and to terminate this agreement and the Project without further obligation to the City or District unless otherwise specifically provided in this agreement. 3. By amendment to this agreement, the parties may agree to share the additional cost and proceed to let the construction contract and continue with the Project. 4. By agreement of the parties, the District may amend the drawings and specifications so as to reduce the scope of the Project, and thereafter re-advertise for bids. If the parties fail to agree under which option to proceed within thirty (30) days after the opening of the bids, then this agreement shall terminate without further obligation to either party. ARTICLE X. Neither the District nor the City shall make, in whole or in part, any assignment of this Agreement or any obligation contained herein without the prior written consent of the other party. ARTICLE XI. Notices and communications to either party under this Agreement shall be sent by certified mail, return receipt requested, or delivered to the following respective addresses: District: Harris County Flood Control District 9900 Northwest Freeway Houston, Texas 77092 Attention: Executive Director 4 e e City: City of LaPorte P.O. Box 1115 LaPorte, Texas 77571 Attention: Assistant City Manager ARTICLE XII. This instrument contains the entire agreement between the District and the City relating to the rights herein granted and the obligations herein assumed, and may only be amended by written instrument of like dignity executed by the parties hereto. IN WITNESS WHEREOF, this instrument in multiple counterparts, each having the force and eff~t of any original, has been executed by the parties on the ~ day of M n.A cJr) , 199';. ~ ATTEST: CITY OF LaPORTE, TEXAS ~.~ City Secretary Q~ T, ~~ City Manager City of LaPorte, Texas AP{i:~.T~ City Attorney City of LaPorte, Texas By: ~~~- PAUL TAPARAUSKAS Assistant County Attorney HARRIS COUNTY FLOOD CONTROL ~ ROBERT ECKELS County Judge APPROVED AS TO FORM: MIKE DRISCOLL County Attorney 5 ',' e e AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $100,000 to accomplish and pay the obligation of the HARRIS COUNTY FLOOD CONTROL DISTRICT under this Agreement. ~ l!~o/-:tJ- County lfditor 6 '.. , . ". e e ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF LaPORTE THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ On this, the / tf ~ay of mAcA , 199~, the Commissioners Court of Harris County, Texas, si tting as the governing body of the Harris County Flood Control District, upon ~ the motion of Commissioner commissioner J~ seconded by , duly put and carried, IT IS ORDERED that County Judge Robert Eckels be, and he is hereby, authorized to execute for and on behalf of the Harris County Flood Control District an inter local agreement with the City of LaPorte to provide interim improvements to Harris County Flood Control District unit F10l-00-00, for a maximum fee to be paid by the District of $100,000.00, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein. A:FIOIILA.DOC[I-7] C.A.#48,655 [P1&1~Ofl~Jill'~'i!J @@_~~~@Iii1@~@@[l!]rrft Dit~ '-lecoffletfVoB. ~ _. .~ _r:z!C_..._