HomeMy WebLinkAboutResolution No. 2008-09RESOLUTION NO. R2008-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE, AND THE CITY SECRETARY TO ATTEST, AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN
THE CITY AND THE GALVESTON COUNTY CONSOLIDATED
DRAINAGE DISTRICT FOR THE JOINT CONSTRUCTION OF
IMPROVEMENTS TO DRAINAGE ON CERTAIN TRIBUTARIES OF
COWARDS CREEK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
SECTION 1. That an Interlocal Cooperation Agreement by and between the City and the
Galveston County Consolidated Drainage District for the joint construction of improvements to
drainage on certain Cowards Creek tributaries is hereby approved.
SECTION 2. That the Mayor and City Secretary are authorized and directed to execute and
attest, respectively, the Interlocal Cooperation Agreement by and between the City and the
Galveston County Consolidated Drainage District in substantially the same form as is attached
hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED, APPROVED AND RESOLVED on this 181h day of February, 2008.
David J. H. 4Kith
Mayor
ATTEST: O0 fRiema
k. C,�$� �
C o
Melinda K. Welsh v
Deputy City Secretary
OF
Exhibit A
(R2008-09)
JOINT CONSTRUCTION PROJECT AND INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF FRIENDSWOOD, TEXAS AND THE
GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT
This Interlocal Cooperation Agreement is made and entered into by and between the City of
Friendswood, Texas, ("Friendswood"), a municipal home rule corporation, being located in
Galveston and Harris Counties, Texas, and the Galveston County Consolidated Drainage District,
("District'), a drainage district located in Galveston County, Texas, each being organized and
existing under the laws of the State of Texas and collectively referred to as the "Participants."
WITNESSETH:
WHEREAS, each of the Participants to this Agreement needs or benefits from
improvements to governmental infrastructure and drainage facilities to minimize damage to land
and property and finds that a benefit inures to both Participants in assuring flood waters promptly
recede through local creeks, tributaries, and waterways; and
WHEREAS there is a valid governmental purpose served by the joint construction of
improvements to drainage on the Cowards Creek Tributaries, which tributaries run from FM 2351
to Cowards Creek and are within the jurisdiction of both Participants; and
WHEREAS, the District finds that the public interest is benefited by participating in joint
construction of improvements to drainage on certain Cowards Creek Tributaries ("Joint
Construction Project') through the provision of engineering, design and consulting services;
surveying; administrative and construction services; and provision of heavy equipment and
operators.
WHEREAS, The City Council of Friendswood finds that the public interest is benefited by
participating in joint construction of improvements to drainage on certain Cowards Creek
Tributaries ("Joint Construction Project") through reimbursement to the District of the cost of
certain improvements; and
WHEREAS, the Participants agree that the respective rights, duties, and obligations
regarding this Joint Construction Project are as specified in this Interlocal Cooperation Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, obligations, and benefits
hereunder, the Participants do hereby agree as follows:
1. The Participants find that the recitations and statements set out above are true and correct.
2. The District's Board of Directors has approved undertaking improvements to drainage on
the Cowards Creek Tributaries identified as IA and 1B on the plans and specifications attached
hereto by reference. The District presently anticipates the improvements may involve one or more
of four City of Friendswood controlled crossings. Such crossings are as follows: Tributaries IA
and 1 B both cross Pine Hollow Drive; Tributary 1 A crosses Greenbriar Drive, then connects with
Tributary 1 B, after which the merged Tributary crosses Tall Pines Drive. One or more of these
crossings, as may be approved as necessary for the Joint Construction Projection, are collectively
referred to as the "Anticipated City Improvements."
Additionally, the District has also noted that the merged Tributary crosses Cowards
Creek Drive prior to reaching Cowards Creek. The District has presently concluded that such
crossing may need to be improved if required by the engineered design. This latter improvement
is referred to as a "Potential City Improvement."
3. The District's Board of Directors has approved to contract with the City of Friendswood and
thereby provide engineering, design and consulting services; surveying; administrative and
construction services; and the provision of heavy equipment and operators in connection with the
improvements to drainage on the Cowards Creek Tributaries identified as IA and 1B described
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above as a Joint Construction Project with the City of Friendswood. In conjunction with the
construction services provided, the District shall invoice the City of Friendswood after completion
of the Anticipated and, if required by the engineered design, the Potential City Improvement, for
the portion of the cost of services described herein that are attributable to making such
improvements. Such invoice and supporting documentation shall be rendered by the District to the
City in the District's usual and customary fashion, but in no event will an invoice not be delivered
more than 60 days after an improvement is completed. The City's estimated costs for the anticipated
improvements and potential improvement is $184,111.20, and may be altered as the result of actual
costs incurred by the District.
4. The City of Friendswood has approved to contract with the District to enter into a Joint
Construction Project with the District, and specifically has agreed to reimburse the District its costs
which are in fact incurred in making the Anticipated City Improvements and, if necessary, the
Potential City Improvement. The City of Friendswood will process its reimbursement payments to
the District, after presentation of an invoice for the costs incurred in making the improvements, in
its usual and customary fashion, but in no event will a payment not be made within 60 days of the
City's receipt of an invoice unless the City denies a payment on the basis that the District has not
complied with its contractual obligations.
5. Coordination of work and management of the Joint Construction Project will be assigned to
the General Manager of the District who will be employed by and report to the District. The City of
Friendswood will have no right of control over the General Manager of the District, District
employees, or those persons that are operating equipment supplied by the District.
6. By execution of this Agreement, the Participants agree to the Plans and Specifications
attached by reference that have been prepared by the District's Engineer.
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7. The parties acknowledge that the work will be conducted in the municipal boundaries of
Friendswood. As a part of its contribution to the Joint Construction Project, the City waives all
fees, licenses, permit fees and other charges relating to the installation and construction of the
Anticipated City Improvements and, if necessary, the Potential City Improvement.
8. Notwithstanding anything contained in this Agreement, all reimbursement payments agreed
to hereunder shall be made from current revenues available to the Participants. No payment
obligation hereunder shall constitute a debt of any Participant within any constitutional or statutory
provision of state law.
9. Either Participant, upon ninety (90) days written notice to the other Participant, may
terminate this Contract for any reason.
10. This instrument contains the entire Contract between the parties relating to the rights
granted and the obligations assumed. Any modification of this instrument shall be of no force
and effect unless made by a subsequent modification in writing signed by all parties. This
Contract shall bind and be for the sole and exclusive benefit of the respective parties and their
legal successors.
IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each having equal
force, has been executed on behalf of the parties hereto as follows; to wit:
a. It has, on the 18 day of February 2008, been executed on behalf of
Friendswood by its Mayor, pursuant to a motion of the City Council authorizing such execution.
b. It has, on the 5? 4 day of January 2008, been executed on behalf of the District
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pursuant to a resolution of its Board authorizing such execution.
EXECUTED effective as of the 18 day of February 2008.
ATTEST: CITY OF` ND WOOD, TEXAS
By: By:
-
Dwori& -A-V linda Welsh Davi .H.S rth
Deputy City Secreta O y Mayor
0
ATTEST: * * GALVESTON COUNTY CONSOLIDATED
d, DRAINAGE DISTRICT
1
Y•
Les Rumburg Harold L. Whitaker
General Manager President
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PRELIMINARY ENGINEER'S ESTIMATE
TRIBUTARY 1A CULVERTS (EXCLUDING CHANNEL CLEANOUT)
ITEM
DESCRIPTION
QUANTITY
UNITS
UNIT COST
COST
misc.
I
PROFESSIONAL PAYMENT BONDS
I
LS
$15,000.00
$1.5,000.00
2
NPDRS PERMITS AND COMPLIANCE
I
LS
$5,000.00
$5,000.00
3
SWQP
2
LS
$1,500.00
$3,000.00
SUBTOTAL MISC. ITEMS
$23,000.00
CULVERT ITEMS AT GREENBRIAR
I
48-INCH RCP (OPEN CUT)
52
LF
$96.00
$4,992.00
2
CLEARING AND GRUBBING
0.04
AC
$3,500.00
$140.00
3
REMOVE AND DISPOSE EXISTING HEADWALL
24
SY
$1,000.00
$24,000.00
4
REMOVE AND DISPOSE EXISTING CONCRETE PAVEMENT
23
SY
$100.00
$2,300.00
5
REMOVE EXISTING I8-INCH CULVERT
15
LF
$1.00.00
$1,500.00
6
NEW 6-INCH REINFORCED CONC. PAVEMENT
23
SY
$35.00
$805.00
7
NEW HEADWALL
46
SY
$120.00
$5,520.00
8
CHANNEL LOCK
90
SY
$65.00
$5,850.00
9
4-INCH CONCRETE SLOPE PAVING
90
SY
$50.00
$4,500.00
10
TRAFFIC CONTROL
1
LS
$2,500.00
$2,500.00
11
RESEEDING/HYDROMULCH
0.08
AC
$2,000.00
$1.60.00
12
TRENCH SAFETY
52
LF
$10.00
$520.00
SUBTOTAL GREENBRIAR CULVERT ITEMS
$52 787.00
CULVERT ITEMS AT PINE HOLLOW
1
48-INCH RCP (OPEN CUT)
44
LF
$96.00
$4,224.00
2
iCLEARING AND GRUBBING
0.04
AC
$3,500.00
$140,00
1 3
6EMOVE AND DISPOSE EXISTING HEADWALL
20
SY
$1,000.00
$20,000.00
4
REMOVE AND DISPOSE EXISTING CONCRETE PAVEMENT
23
SY
$100.00
$2,300.00
5
REMOVE EXISTING 18-INCH CULVERT
25
LF
$100.00
$2,500.00
6
NEW 6-INCH REINFORCED CONC. PAVEMENT
23
SF
$35.00
$805.00
7
NEW HEADWALL
56
SY
$120.00
$6,720.00
8
CHANNEL LOCK
90
SY
$65.00
$5,850.00
9
4-INCH CONCRETE SLOPE PAVING
90
SY
$50.00
$4,500.00
10
TRAFFIC CONTROL
1
LS
$2,500.00
$2,500.00
11
RESEEDINGIHYDROMULCH
0.08
AC
$2,000.00
$160.00
12
TRENCH SAFETY
44
LF
$10.00
$440.00
SUBTOTAL PINE HOLLOW CULVERT ITEMS
$50,139.00
TOTAL AMOUNT
$125,926.00
20% CONTINGENCY
$25,185.20
TOTAL AMOUNT WITH CONTINGENCY
$151,111.20
CITY'S SHARE OF ENGINEERING (MODELING, PLANS, INSPECTION, ETC.) $25,000.00
CITY'S SHARE OF SURVEYING $8,000.00
GRAND TOTAL $184,111.20