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R2001-0137 10-08-01 RESOLUTION NO. R2001-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCALAGREEMENTWITH BRAZORIA DRAINAGE DISTRICT NO. 4 FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE SOUTHWEST ENVIRONMENTAL CENTER DETENTION FACILITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain interlocal agreement byand between the City of Peadand and Brazoria Drainage District No. 4, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an interlocal agreement with Brazoria Drainage District No. 4 for construction, operation, and maintenance of the Southwest Environmental Center detention facility. PASSED,APPROVEDandADOPTEDthisthe 8 dayof October , TOM REID MAYOR ATTEST: yC~JNG L~R~ll~G/ ~ ~/ C~zPTY SE(~,EETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY (EXHIBIT "A" to BDD4 RESOLUTION No. 2001-014) INTERLOCAL AGREEMENT BETWEEN BRAZORIA DRAINAGE DISTRICT NO. 4 AND CITY OF PEARLAND FOR SWEC DETENTION BASIN This Agreement is dated and effective as of the day last signed by the parties hereto, BRAZORIA DRAINAGE DISTRICT NO.4, acting by and through its Board of Commissioners, ("District") represented by its Chairman and the CITY OF PEARLAND, TEXAS, acting by and through its City Council, ("City") represented by its Mayor. WlTNESSETH: WHEREAS, pursuant to Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act (the "Act"), local governments are authorized to contract among themselves for the provision of governmental functions and services; and WHEREAS, City and District are each "local governments," as that term is defined in the Act; and WHEREAS, City is a home rule municipal corporation primarily located within the boundaries of District, within Brazoria County; and WHEREAS, District is a conservation and reclamation district, primarily located within the boundaries of City within Bmzoria County; and WHEREAS, District was created for the purpose of managing, controlling and distributing storm and floodwaters within its jurisdiction; and WHEREAS, in furtherance of District's purpose, District is empowered to acquire, construct, improve, and maintain facilities necessary to carry out its mandated purpose; and WHEREAS, City, may, in accordance with its inherent police powers, take all necessary and reasonable actions to reduce the risks and effects associated with storm water runoff; and WHEREAS, in furtherance of City's purpose, City has acquired approximately 100 acres south of and adjacent to Mary's Creek within the overlapping jurisdictions of City and District to be developed and used for detention and other municipal purposes, including but not limited to a wastewater treatment plant, collectively entitled the Southwest Environmental Center, commonly known as SWEC; and WHEREAS, the S WEC detemion facility will impact the function of District's drainage facilities; and WHEREAS, District and City desire to enter into this cooperative agreement, combining the efforts of both entities to a) establish a regional detention site whereby detention capacity will be created and sold in an effort to mitigate the effects of existing and future development, b) ensure proper design, development, operation and maintenance of the SWEC detention facility, ("Project") and c) expedite its completion so that its intended purpose may be fully realized without causing any negative impact downstream of its site; and WHEREAS, District and City have each agreed to contribute certain materials, equipment, or efforts to accomplish this goal; and 2 WHEREAS, monetary consideration will not be exchanged between the parties hereto for the performance of governmental functions or services rendered hereunder, however fees may be paid by third parties to ihe parties hereto in accordance with this Agreement; and WHEREAS, in order to accomplish this goal, the services of third parties may be required and enlisted by District or City as provided herein; NOW, THEREFORE, in consideration of the foregoing premises and other mutual obligations and benefits to be derived hereunder, City and District, pursuant to the Act, agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1. The facts and matters set forth in the preamble hereof are true and correct. 1.2 The purpose of this Agreement is to promote and protect public health, safety and welfare, by minimizing public and private losses resulting from flood conditions, through cooperation and joint development by City and District of the Project. 1.3. City and District recognize and agree that the Project consists of and includes the construction of two ponds, referred to as the East Pond and the West Pond, with both ponds inter-connected by an underground box culvert storm sewer system, all of which shall be governed by this Agreement. 1.4. City and District recognize and agree that both ponds on Project site have been partially excavated by a third party prior to this Agreement and that measures shall be taken by the parties hereto in the design and construction of said Project to modify the existing depth and slope of the ponds and to enlarge the surface areas thereof. 1.5. City and District recognize and agree that in executing the work of this Project, the parties hereto and any third parties, enlisted in accordance with this Agreement, may conduct activities on the Project site concurrently. 1.6. City and District recognize and agree that estimated costs of the Project are attached hereto as "EXHIBIT A" and incorporated herein for all purposes, and may be revised, amended or modified as needed and agreed upon by the parties hereto. 1.7. City and District recognize and agree that design and construction plans and specifications for the Project, known by City as "B2001-063 and approved by District on 08/08/01, are incorporated herein by reference for all purposes, and may be revised, amended or modified as needed and agreed upon by the parties hereto. 1.8. City and District recognize and agree that, for purposes of this AgreemeI~t, the term, "interim", as it relates to work or costs associated with the Project, is defined as the work executed or costs expended directly by City and District, as distinguished from the work executed or costs expended by, on behalf of, or as a result of third parties. The Project is not being conducted in phases and therefore the term, "interim" does not mean temporary or preliminary, nor is it limited to a specific stage of the Project. A. Construction 1.A.1. City and District recognize, understand and agree generally that City shall provide materials and supplies necessary for completion of the Project and District shall provide excavation equipment and labor necessary for completion of the Project. 4 1 .A.2. City and District agree specifically that City shall: (a) prepare all design and construction plans and specifications for the Project and its necessary appurtenances. (b) obtain, in a timely fashion, review and approval required by all third parties, including local, state and federal administrative agencies, including all permits, licenses, certificates, etc. necessary for the design, construction, operation and maintenance of the Project, including but not limited to those required for the wastewater treatment plant located upon the Project site. (c) stake the Project for construction, including proper grade control for elevations required, in accordance with the design and construction plans and specifications. (d) provide chipper necessary for clearing the Project site. (e) provide dump trucks, drivers and operators for purposes of hauling soil and other materials to, from and upon the Project site. (f) construct or provide for the construction and installation of box culverts and headwalls for basin inter-connect, including, but not limited to all labor and excavation associated therewith, in accordance with the design and construction plans and specifications for the Project by enlisting the services of a qualified third party, selected through proper bidding procedures. (g) provide all materials necessary for construction of the Project, including but not limited to reinfomed concrete box culverts, pipes and cement-stabilized sand. (h) construct or provide for the construction of water edge stabilization, in accordance with the design and construction plans and specifications for the Project by enlisting the services of a qualified third party, selected through proper bidding procedures. (i) seed and water all necessary surfaces of the Project upon completion of construction. (j) construct or provide for the construction of intake and discharge control structures in accordance with the design and construction plans and specifications for the Project by enlisting the services of a qualified third party, selected through proper bidding procedures. (k) construct or provide for the construction of any and all appurtenances associated with discharge from the wastewater treatment plant located upon the Project site, in accordance with the design and construction plans and specifications for the Project by enlisting the services of a qualified third party, selected through proper bidding procedures. (1) erect all necessary perimeter fencing and signage upon Project site during construction and upon completion of construction, as agreed upon by City and District. 1.A.3. City and District agree specifically that District shall: 6 (a) Review and approve all design and construction plans and specifications for the Project and its necessary appurtenances in accordance with District's Rules, Regulations & Guidelines. (b) provide labor necessary for clearing Project site. (c) provide labor and excavation equipment necessary for stripping and stockpiling topsoil on Project site. (d) provide labor and excavation equipment necessary for excavation and placement of excavated materials with the exception of those noted herein. (e) provide labor and excavation equipment necessary for construction and installation of backslope swales, inlets and pipes. (f) provide labor and excavation equipment necessary for placement of finished grading and topsoil. B. Operation 1.B.1. City and District recognize, understand and agree that City shall operate the Project upon its completion. C. Maintenance 1 .C.1. City and District recognize, understand and agree generally that City shall provide maintenance of the Project upon its completion with the exception of the District's interests along Mary's Creek in the vicinity of the Project, which shall be maintained by District. 1 .C.2. City and District agree specifically that CitF shall: 7 (a) maintain the discharge/intake structures to the north end of the slope paving of the intake channel and discharge pipe, including but not limited to valves, screens, etc. (b) be responsible for structural maintenance of the side slopes, berm swales and berm drains of the Project. 1 .C.3. City and District agree specifically that District shall: (a) provide assistance to City for structural maintenance of the side slopes, berm swales and berm drains of the Project on an "as needed" basis. (b) mow and clean the diversion channel from the end of the slope : paving of the intake channel and discharge pipe to Mary's Creek. (c) operate and maintain its drainage facilities along Mary's Creek. D. Sale of Detention 1.D.1. City and District recognize and agree that of the approximately 433 acre feet of detention capacity to be established as a result of the Project, approximately 216 acre feet of detention capacity will be reserved for existing development and approximately 216 acre feet of detention will be available for sale to development sites no greater than landl/2 acres in size. 1 .D.2. City and District agree that available detention capacity shall be sold per acre-foot, for a fee determined and periodically amended by City, but in no case less than SEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO/100 DOLLARS, ($7,500.00) per acre-foot. (a) City and District further agree that said fee shall be shared by City and District as follows: City to receive 70% and District to receive 30%, said percentage being based upon Project contributions of each party hereto, including, but not limited to design, engineering, surveying, construction, and administration costs. (b) City and District further agree that said fee arrangement shall begin upon execution of this Agreement. 1.D.3. City and District agree that records of said detention sales, including maintenance of accounts and debit/credit ledger, previously established by City, shall be managed by City. 1 .D.4. City and District agree that both parties hereto shall have mutual and joint right-of-entry and audit authority regarding said records of detention sales. City further agrees to provide District with quarterly reports regarding detention sales. 1.5. District's Superintendent or his designee is hereby designated as the representative authorized by District to lead, direct and coordinate District's work in accordance with this Agreement. 1.6. City's Manager or his designee is hereby designated as the representative authorized by City to lead, direct and coordinate City's work in accordance with this Agreement. ARTICLE 2 CONTRACT TIME 2.1. The term of this Agreement for purposes of construction shall be for a period of two (2) years, commencing on the effective date reflected herein and terminating 9 on the same day of the year 2003 and shall be extended automatically until construction of the Project is completed unless terminated as provided herein. 2.2. The term of this Agreement for purposes of maintenance shall be for a period of five (5) years, commencing on the date construction of the Project is completed in accordance with paragraph 2.1 above and shall renew automatically unless terminated as provided herein. 2.3. Notwithstanding the provisions set forth in sections 2.1. and 2.2. of this article, the Agreement may be terminated at any time after the execution hereof, at the option of either party by giving the other party ninety (90) day's written notice. ARTICLE 3 MISCELLANEOUS 3.1. City and District recognize and agree that operation and maintenance of City's wastewater treatment plant located on the SWEC site is completely separate and apart from the Project and shall not interfere with the Project and that construction of the Project shall not interfere with the operation and maintenance of City's wastewater treatment plant located on the SWEC site. 3.2. City and District recognize and agree that District, in performance of this Agreement, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed and all employees of District shall remain District employees and shall not be considered agents, employees or borrowed servants of City. 3.3. City and District recognize and agree that City. in performance of this Agreement, shall act as an independent contractor and shall have control of its own 10 work and the manner in which it is performed and all employees of City shall remain City employees and shall not be considered agents, employees or borrowed servants of District. 3.4. City and District recognize and agree that work and materials provided by District, in accordance with this Agreement, are provided without warranty of any kind to City or any third party, and work and materials provided by City, in accordance with this Agreement, are provided without warranty of any kind to District or any third party. 3.5. City and District recognize and agree that nothing herein shall be construed to make either party a purchaser or consumer of goods or services from the other. 3.6. City and District recognize and agree that District has not performed any work on the Project site prior to the date of this Agreement and does not assume any liability or responsibility for claims or demands associated with, resulting from or arising out of excavation of the detention facility on the Project site by a third party prior to this Agreement. 3.7. City and District shall comply with all applicable laws, regulations and requirements in performance of their respective obligations under this agreement. 3.8. City and District agree to acquire and maintain the minimum limits of insurance required by law and sufficient to cover each party's performance hereunder. 3.9. City and District recognize and agree that nothing herein shall be construed to create any rights in third parities. 3.10. The parties expressly agree that no party shall have the right to seek indemnification or contribution from any other party hereto for any losses, costs, expenses, or damages directly or indirectly arising, in whole or in part from this Agreement. 11 3.11. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any section, subsection, paragraph, sentence, clause, phrase, word or portion of this Agreement is, for any reason, held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. 3.12. The Rights and obligations of this Agreement shall not be assigned without prior written consent of City and District. 3.13. This Agreement may only be amended, modified, or supplemented in writing and subsequently signed and dated by City, as acted upon by its City Council and District, as acted upon by its Board of Directors. 3.14. This Agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. 3.15. This Agreement shall be construed and chromed in accordance with and governed by the laws of the State of Texas. 3.16. This Agreement shall be binding upon and inure to the benefit of the parties and their administrators, agents, employees, successors and assigns permitted by this Agreement. 3.17. To accomplish execution of this Agreement, it may be executed in multiple counterparts. 3.18. Each person signing below represents that he has read this Agreement in its entirety, including any and all attachments and exhibits, understands its terms, is duly authorized to execute this Agreement on behalf of the party indicated by his name below and agrees on behalf of said party that the party will be bound by these terms. 12 SIGNED and ENTERED this lOTM day of ~'ro~p_.' ,2001. BRAZORIA DRAINAGE DISTRICT NO.4 n, C ATTEST: I~athy/~Vells, D~ector of Administrative Services CITY OF PEARLAN.~. Tom Reid, Mayor ATTEST: 13 THE STATE OF TEXAS COUNTY OF BRAZORIA Mr. Ben Lenamon, Chairman of Brazoria Drainage District No. 4, a Texas conservation and reclamation district, acknowledged this instrument before me on .l~. 1%h ) ,2001.  NOTARY PU~IC, STATI~ OF TEXAS Commission Expires: .~- ~ ~ ~ Z~o ~ mrintedName: ¢.~c~d ~-. We-i/% THESTATE OF TEXAS COUNTY OF BRAZORIA Mr. Tom Reid, Mayor of the City of Pearland, Texas, a Texas home role ~'cipal corporation, acknowledged this instrument before me on · \(3 x. ,2001. ~1~--- ;2~.;,,;F ] ~-OTJ~Y Pu~c, STATE OF T~.XAS ~ Commission Expires: ~-23- ~o6 14 EXHIBIT "A" July 25, 2001 Mike Yost, General Manager Bmzoria Drainage District No. 4 4805 West Broadway Pearland, Texas 77581-3934 Ref.: SWEC Detention Basin Dear Mike: We are sending under separate cover two sets of construction drawings for interim and final construction of Southwest Environmental Center Detention Basin. We are enclosing with this letter our estimates for the construction cost of the basin and appurtenances: 1. Total Estimated Cost (City, BDD4, and Future City Contractor) $2,694,295.50 2. Interim Estimated Cost (City and BDD4) 870,936.00 3. Interim Estimated Cost (BDD4 Only) 738,016.00 4. Interim Estimated Cost (City Only) 132,920.00 The future city contractor project is therefore estimated at $1,823,359.50 to complete the project work alter the City and BDD4 complete the Interim phase. Unit costs in the estimates were developed to provide for BDD4 costs estimated at direct out-of- pocket expense plus estimated overheard and equipment (depreciation and maintenance of owned BDD4 equipment) costs. Generally, the City costs are to purchase and supply leased equipment and purchased materials, and BDD4 costs are to provide and operate their own equipment and labor, operate named City-leased equipment and associated City-purchased consumables, and to install city-purchased materials. For comparative purposes, BDD4 costs are based on an effective cost as flail labor and equipment were available. The intent is to limit BDD4's experienced out-of-pocket expenses to equipment they might choose to lease, any preferred additional project labor, specialty minor tOols and materials, and to the consumables requked by their equipment or equipment they might choose to lease. Therefore, BDD4's actual out-of-pocket costs will be substantially less than the figures stated in the estimates. 3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581, (281) 485-2411 · www.d.pearland.tx.us lx1472501(Cont.) ' Sheet 2 of 2 Please review and comment. We are anxious to get construction under way as soon as possible. Enclosure cc Alan Mueller, Deputy City Manager Lemz Engineering, Ltd., % Al Lentz, BDD4 Engineer Houston Pipeline Company (Drawings only) TOTAL ESTIMATED COST FOR ~ SWEC DETENTION BASIN AND CONTROL STRUCTURE B2001-063 July 18, 2001 , ITEM ESTIMATED UNIT NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL 1. Mobilization LS Ea. $ 20,000.00 $ 20,000.00 2. Clearing, Grubbing and Waste Disposal Ac 45 $ 3,000.00 $ 135,000.00 3. Excavation CY 558,935 $ 3.30 $1,844,485.50 4. Manhole (Complete in Place) LS Ea. $ 24,000.00 $ 24,000.00 5. Construction of HardEdge LF 9913 $ 10.00 $ 99,130.00 6. Storm and Ground Water Control LS Ea. $ 50,000.00 $ 50,000.00 7. Sediment Trap LS Ea. $ 5,000.00 $ 5,000.00 8. 36" RCP (Complete in Place) LF 272 $ 80.00 $ 21,760.00 9. Flap Gate (Cast Iron Frame & Cover) EA Ea. $ 15,000.00 $ 15,000.00 10. Intake Weir, Concrete Walls, & Footing LS Ea. $ 24,000.00 $ 24,000.00 11. Slope Paving SY 386 $ 70.00 $ 27,020.00 12. Handrails LF 58 $ 25.00 $ 1,450.00 13. Tuff.Establishment Ac 28 $ 1,500.00 $ 42,000.00 14. 5'x 8' Box Culvert LF 1068 $ 200.00 $ 213,600.00 15. Wingwalls ~ Pipeline and Footing LS Ea. $ 116,000.00 $ 116,000.00 16. Articulated Concrete Block on Filter Fabric SY 70 $ 35.00 $ 2,450.00 17. E-Inlets EA 2 $ 1,500.00 $ 3,000.00 18. Mod. Type B Inlets (Berm Inlets) EA 5 $ 1,000.00 $ 5,000.00 19. 18" Corrugated Galvanized Steel Pipe LF 712 $ 25.00 $ 17,800~00 20. 24" Corrugated Galvanized Steel Pipe LF 180 $ 30.00 $ 5,400.00 21. 36" Corrugated Galvanized Steel Pipe LF' 174 $ 50.00 $ 8,700.00 22. Crushed Concrete Fill CY 135 $ 100.00 $ 13,500.00 TOTAL ESTIMATED COST = $ 2,694,295.50 SWEC INTERIM ESTIMATED COST (City of Pearland & BDD4) FOR SWEC DETENTION BASIN AND CONTROL STRUCTURE REF. (B2001-063) July 18, 2001 ITEM ESTIMATED UNIT NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL 1. Clearing, Grubbing and Waste Disposal Ac 45 $ 3,000.00 $ 135,000.00 2. Excavation CY 316,593 $ 2.00 $ 633,186.00 3. Storm and Ground Water Control LS 1 $ 50,000.00 $ 50,000.00 4. TuffEstablishment Ac 20 $ 1,500.00 $ 30,000.00 5. E-Inlets EA 1 $ 1,500.00 $ 1,500.00 6. Mod. Type B Inlets EA 3 $ 1,000.00 $ 3,000.00 7. 18" Corrugated Galvanized Steel Pipe LF 382 $ 25.00 $ 9,550.00 8. 36" Corrugated Galvanized Steel Pipe LF 174 $ 50.00 $ 8,700.00 TOTAL ESTIMATED COST = $ 870,936.00 SWEC INTERIM ESTIMATED COST ( BDD4 Only) FOR SWEC DETENTION BASIN AND CONTROL STRUCTURE REF. (B2001-063) July 25, 2001 ' ITEM ESTIMATED UNIT NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL 1. Clearing, Grubbing and Waste Disposal Ac 45 $ 1,400.00 $ 63,000.00 (Labor Only) 2. Excavate and Fill Sand Pit to Desired Grade CY 316,593 $ 2.00 ~ 633;186.00 (Equipment, Labor & Incidentals) 3. Storm and Ground Water Control LS 1 $ 20,000.00 $ 20,000.00 (Labor & Minor Tools) 4. TuffEstablishment (Labor & Minor Equipment) Ac 20 $ 500.00 $ 10,000.00 5. E-Inlets (Installation and Labor) EA 1 $ 400.00 $ 400.00 6. Mod. Type B Inlets (Installation and Labor) EA 3 $ 450.00 $ 1,350.00 7. 18" Corrugated Galvanized Steel Pipe LF 382 $ 15.00 $ 5,730.00 (Installation and Labor) 8. Install 36" Corrugated Galvanized Steel Pipe LF 174 $ 25.00 $ 4,350.00 (Installation and Labor) TOTAL ESTIMATED COST = $ 738,016.00 SWEC INTERIM ESThMATED COST (City of Pearland Only) FOR SWEC DETENTION BASIN AND CONTROL STRUCTURE REF. (B2001-063) July 25, 2001 ITEM ESTIMATED UNIT NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL 1. Clearing, Grubbing and Waste Disposal Ac 45 $ 1,600.00 $ 72,000.00 (Chipper Rental, Track & Incidentals) 2. Storm and Ground Water Control LS 1 $ 30,000.00 $ 30,000.00 (Pump Rental & Electric Cost) 3. Turf Establishment (Hydromulcher Ac 20 $ 1,000.00 $ 20~000.00 Rental & Materials) 4. E-Inlets(Purchase E-Inlet) EA 1 $ 1,100.00 $ 1,100.00 5. Mod. Type B Inlet(Purchase B-Inlets) EA 3 $ 550.00 $ 1,650.00 6. 18" Corrugated Galvanized Steel Pipe LF 382 $ 10.00 $ 3,820.00 (Purchase 18" Pipes) 7. 36" Corrugated Galvanized Steel Pipe LF 174 $ 25.00 $ 4,350.00 (Purchase 36" Pipes) TOTAL ESTIMATED COST = $132,920.00