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HomeMy WebLinkAboutF101 INTERLOCAL AGREEMENTCITY OF LA PORTE Interoffice Memorandum ORIGINAL TO FROM Mayor and City Council Robert T Herrera City Mana John Joems Assistant City SUBJECT F101 Interlocal Agreement with s County Flood Control District DATE September 1 1998 On July 14 1998 City Council approved an Ordinance authorizing an Interlocal Agreement between the City of La Porte and Harris County Flood Control District for drainage improvements to the F101 Watershed in the Lomax area We have received from HCFCD a fully executed copy of the Agreement signed by Commissioners Court on August 12 1998 The original will go to the vault as a permanent record C Martha Gillett City Secretary original Doug Kneupper Director of Planning copy Knox Askins City Attorney JJ dly e n 1i Wli 1ll1 11998 CERTIFIED MAIL 9113892 RETURN RECEIPT REQUESTED 9900 Northwest Freeway Houston Texas 77092 713 684 4000 ASST CITY MANAGER OFFICE Harris County flood Control District August 31 1998 City of La Porte P O Box 1115 La Porte Texas 77572 1115 Attention Assistant City Manager Reference Interlocal Agreement for drainage improvements for the Harris County Flood Control Unit F1 01 00 00 watershed HCFCD Project ID F101 00 00 E004 Gentlemen Please find enclosed one 1 fully executed original of the above referenced agreement between the City of La Porte and Harris County Flood Control District This agreement is being transmitted for your use and files Should you require any additional information please contact me or Ms Brenda Trevino Sincerely eOJw i Carolyn Rausin Engineering Contracts cr Enclosure Agreement cc Contract File Brenda Trevino 98EC004 WPD e INTERLOCAL AGREEMENT THE STATE OF TEXAS i i COUNTY OF HARRIS i THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act TEX GOVT CODE ANN Chapter 791 by and between the CITY OF LA PORTE TEXAS a municipal corporation under the laws of the State of Texas hereinafter designated City and the HARRIS COUNTY FLOOD CONTROL DISTRICT a body corporate and politic under the laws of the State of Texas hereinafter designated Districf or HCFCD WIT N E SSE T H WHEREAS on August 2 1988 the District and the City entered into an Interlocal Agreement to provide drainage improvements for the HCFCD Unit F1 01 00 00 watershed and WHEREAS the District and the City acknowledge that improvements to the portion of the F1 01 00 00 watershed upstream of Union Pacific Railroad s Strang Yard are part of a long range plan to be implemented in phases and the portion of the F101 00 00 watershed upstream from Sens Road to P Street continues to experience flooding and drainage problems and WHEREAS the District and the City now desire to proceed with Phase II of improvements to Unit F1 01 00 00 and WHEREAS the District and the City desire to cooperate by providing channel enlargements pipeline relocations and other improvements to Unit F1 01 00 00 from Union Pacific Railroad s Strang Yard to the north right of way of North P Street hereinafter referred to as the Projecf and WHEREAS it is to the mutual benefit of the District and the City to undertake the Project in order to provide 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 for their respective commitments described herein and 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 acquire additional right of way needed to complete the Project and adjust all City owned utilities 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 e ARTICLE I The location of the Project is generally identified by the attached Exhibit A The Project is more specifically defined by drawings prepared by landev Engineers Inc and extends from the west line of the Union Pacific Railroad approximate station 78 00 to the north right of way line of North P Street approximate station 11 00 ARTICLE II The District shall coordinate preparation of the metes and bounds descriptions and tract maps depicting the right of way acquisitions and construction plans and specifications The District shall also administer bidding construction inspection materials testing and surveying for the Project at the District s sole expense The District intends to bid and award construction of the Project in the manner utilized by the District for similar projects and to award the contract in accordance with applicable competitive bidding laws The District also is responsible for all pipeline relocations ARTICLE III The City agrees to acquire at its expense the tracts identified on the attached Exhibit A or suitable alternatives The City further agrees to grant drainage easements to the District in a form approved by both parties The City may request that the District obtain a portion of the Project right of way for the City if the City notifies the District at least nine months before the start of construction If the District agrees to obtain the right of way for the City the City shall pay the District for all right of way costs within 30 days of receiving a cost statement from the District The District recognizes that the City would like to retain the rights to utilize the right of way for other purposes such as but not limited to landscaping pedestrianequestrian trails hike and bike trails and utility installations which rights shall be subordinate to the District s right to use the right of way for drainage and flood control purposes The City also agrees to relocate any City owned utilities affected by the Project at the City s sole expense ARTICLE IV After the City has acquired the necessary right of way and after the City has conveyed drainage easements to the District the District shall pursue the bidding and construction phase of the Project The District agrees to utilize its best efforts to complete the Project within six months after the date the easements are delivered to the District 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 ARTICLE V Either party may rescind this Agreement by giving thirty 30 days written notice to either party as provided for in Article X of the Agreement if an acceptable bidder does not respond to the advertisement fails to execute the construction 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 herein specifically allocated for the Project as a result of any change in said plans or specifications except as provided in Article VIII 2 e ARTICLE VII The City shall give the District the right and the District shall enter the property to maintain the channel of Unit F101 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 cost of the Project ARTICLE VIII 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 2 000 000 specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of the Agreement and that the total maximum sum the District shall become liable to pay hereunder shall not under any conditions circumstances or interpretations hereof exceed the total maximum sum provided for in this article and certified as available therefor by the County Auditor Upon taking bids in the event the bid amount of the lowest and best bidder exceeds 2 000 000 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 compet tive 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 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 negotiate with the lowest qualified bidder or re advertise for bids If the parties fail to agree under which option to proceed within sixty 60 days after the opening of bids then this Agreement shall terminate without further obligation to either party ARTICLE IX 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 X 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 Attn Executive Director 3 CITY e City of La Porte P O Box 1115 La Porte Texas 77572 1115 Attn Assistant City Manager ARTICLE XI 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 ARTICLE XII This Agreement supersedes the Agreement of August 2 1988 and the terms of this Agreement control if any provision conflicts with a similar provision in the August 2 1988 Agreement in connection with this portion of the Project IN WITNESS WHEREOF this instrument in multiple countergarts each havin force and effect of any original has been executed by the parties on the 1 y day of fio 1998 ArrEST APPROVED AS TO FORM CITY OF LA PORTE S T lc City Manager City of La Porte Texas City Attorney City of La Porte Texas HARRIS COUNTY FLOOD CONTROL DISTRICT 4 e e ORDER AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT BETWEEN THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF LA PORTE THE STATE OF TEXAS I I COUNTY OF HARRIS S On this the I day of 16r 1998 the Commissioners Court of Harris County Texas silting as tm mJ dy of the Harris County Flood Control District uprle motion of Commissioner seconded by Commissioner tV tl l t I 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 Interlocal Agreement with the City of La Porte to provide interim improvements to Harris County Flood Control District Unit Fl 01 00 00 for a maximum fee to be paid by the District of 2 000 000 said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein 98EC004 WPD Presented to Commllsion rs Coon AUG 111998 APPROVE Recorded Vol Page EXHIBIT A F10l OO OO WATERSHED EXl5nNG CHANNEL S II PROPOSED RIGHT OF WAY ACQUISmON 1997 I I I Ii I I I ii I E BRINSONA 5 II 4 diL u Ii I Ii Ji Ji Ji Ji II I OIl iii hH t II or 1 u Ii e Ii II II Ii II e co pic ORDINANCE NO 98 2262 AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY 01 LA PORTE AND THE BARRIS COUNTY PLOOD CONTROL DISTRICT TO PROVIDE DRAINAGE IMPROVEMENTS POR THE BARRIS COUNTY PLOOD CONTROL DISTRICT UNIT 1101 00 00 WATERSHED MAKING VARIOUS PIRDINGS AND PROVISIONS RELATING TO THE SUBJECT PIRDING COMPLIANCE WITH THE OPEN MEETINGS LAW AND PROVIDING AN EPFECTIVE DATE HEREOP BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE SectioD 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 SectioD 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 City 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 SectioD 3 This Ordinance shall be effective from and after its passage and approval and it is so ordered e ORDINANCE NO 98 2262 e copy PASSED AND APPROVED this 13th day of July 1998 ATTEST MGMahaAGif ett City Secretary 6KnoxWAsk1ns City Attorney By CITY OF LA PORTE N rma L Ma on Mayor PNZE 2