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HomeMy WebLinkAboutPR 23832: INTERLOCAL AGREEMENT WITH DD7, IMPROVEMENT OF INTERURBAN DRAINAGE DITCH Ciry of ort rt1:r ^ www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: July 22, 2024 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: John Cannatella,PE,City Engineer RE: PR No. 23832: Interlocal Agreement between the City of Port Arthur and Drainage District 7 (DD7)for the improvement of the existing Interurban Drainage Ditch designated as B2-A ROW along Rice Farm Road for the amount of$896,488.18. Project No. DR1P10. Introduction: The intent of this Agenda Item is to authorize the City Manager to enter into an Interlocal Agreement between Drainage District 7 (DD7) and the City of Port Arthur for the improvement of the existing Interurban Drainage Ditch designated as B2-A ROW along Rice Farm Road for the amount of$896,488.18. Background: DD7, in the past, provided labor and equipment for the maintenance and improvement of City of Port Arthur right of ways. The City of Port Arthur desires to enter into an interlocal agreement with DD7 as they are better suited for such construction and/or maintenance projects. DD7 has agreed to furnish labor and equipment subject to the requirements of the Texas Government Code, Sec. 791. Budget Impact: Funds are available from the Drainage System Account No.307-21-053-8515-00-10-000;contingent upon the approval of a budget amendment via adoption of Proposed Ordinance No.7261. Project No. DR1P10. Recommendation: It is recommended that the City of Port Arthur City Council approve PR No. 23832 authorizing the City Manager to enter into an interlocal agreement between the City of Port Arthur and DD7 for the improvement of the existing Interurban Drainage Ditch designated as B2-A ROW along Rice Farm Road. Project No. DR1P10. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 PR No.23832 7/22/2024 mje Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND DRAINAGE DISTRICT 7 (DD7) FOR THE IMPROVEMENT OF THE EXISTING INTERURBAN DRAINAGE DITCH DESIGNATED AS B2-A ROW ALONG RICE FARM ROAD FOR THE AMOUNT OF $896,488.18. FUNDS ARE AVAILABLE FROM THE STREETS ACCOUNT 307-21-053-8515-00-10-000 AND IS CONTINGENT UPON THE APPROVAL OF A BUDGET AMENDMENT VIA ADOPTION OF PROPOSED ORDINANCE NO. 7261. PROJECT NO. DR1P10. WHEREAS, recent developments in the Rice Farm Road drainage basin has increased flows into the unimproved Drainage District 7 (DD7) Ditch designated as B2-A located along the interurban right of way; and, WHEREAS, the purpose of this agreement is for Drainage District 7 (DD7) to provide labor and equipment for the improvement of the existing Interurban Drainage Ditch designated as B2-A along Rice Farm Road; and, WHEREAS, DD7 has the knowledge, experience, and labor to construct a concrete lined channel along the Interurban Drainage Ditch ROW; and, WHEREAS, the City shall furnish DD7 with design, engineering, materials, and oversight, which DD7 will utilize their staff and equipment for this effort; and, WHEREAS, Soutex Surveyors & Engineers, (Soutex) of Port Arthur, Texas, has provided a Material Costs Report for the amount of $896,488.18 as the estimated costs for the project, see Exhibit A; and, WHEREAS, Soutex has also submitted a survey showing metes and bounds of the Interurban Right-of-Way (ROW), see Exhibit B; and, PR No.23832 7/22/2024 mje Page 2 of 3 WHEREAS, approval of PR No. 23832 for the City of Port Arthur to enter into this agreement with DD7 for the improvement of the Interurban Drainage Ditch ROW is hereby deemed an appropriate action; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City of Port Arthur City Council hereby authorizes the City Manager to enter into an Interlocal Agreement between the City of Port Arthur and Drainage District 7 who will provide labor and equipment for the improvement of the existing Interurban Drainage Ditch designated as B2-A along Rice Farm Road in substantially the same form, subject to review and approval by the City Attorney, attached hereto as Exhibit C; and, THAT, Soutex has provided a Material Costs Report for the amount of$896,488.18 as the estimated costs for the project; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of A.D., 2024, at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: PR No. 23832 7/22/2024 mje Page 3 of 3 Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: J M. Black Ronald Burton, CPM Interim City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: --.7((ek 6-3e t-ce Lynda "Lyn" Boswell, M.A., ICMA-CM Director of Finance John Canna el a, PE City Engineer (A)dt-e4L," Clifton Williams, CPPB Purchasing Manager S:1Engincering PUBLIC WORKS PWENGINEERING\C.I P.PROJECTS\Year 20233RICE FARM RD DRAINAGEUnterlocaI AE,3eements\PR 23832 DD7 Intedocal.docz EXHIBIT A OPINION OF PROBABLITY OF MATERIAL COST-CITY OF PORT ARTHUR ll�� >i:S`T RICE FARM ROAD AREA DRAINAGE IMPROVEMENTS '55y��y{��+rU tS E EX 6-28.24 TBPE Firm No.F-5755,TBPLS Firm N.10123800 Item DESCRIPTION OF ITEM WITH UNIT BID PRICE WRITTEN IN No. WORDS UNITS QTY UNIT PRICE TOTAL AMOUNT CONCRETE FOR CONCRETE LINED DITCH B-2-A(FROM B2 TO 1 C.Y. 767 $ 145.00 $ 111,274.07 JIMMY JOHNSON) CONCRETE FOR CONCRETE LINED DITCH B-2-A(FROM JIMMY 2 C.Y. 1,885 $ 145.00 $ 273,373.33 JOHNSON TO RICE FARM ROAD) CONCRETE FOR CONCRETE LINED DITCH B-2-A(FROM RICE 3 C.Y. 1,001 $ 145.00 $ 145,134.26 FARM ROAD TO WILLOWS APT OUTFALL) 4 CONCRETE FOR CONCRETE LINED CITY DITCH (FROM RICE C.Y. 674 $ 145.00 $ 97,740.74 FARM ROAD TO WILLOW LANE) CONCRETE FOR CONCRETE LINED CITY DITCH(FROM WILLOW 5 C.Y. 860 $ 145.00 $ 124,740.28 LANE TO FIRE ENTRANCE AT RICE FARM ROAD) Item DESCRIPTION OF ITEM WITH UNIT BID PRICE WRITTEN IN No. WORDS UNITS QTY UNIT PRICE TOTAL AMOUNT 6X6X6GA WIRE MESH(8'X20'EACH)FOR CONCRETE LINED 1 EA 56 $ 45.00 $ 2,497.50 DITCH(FROM B2 TO JIMMY JOHNSON(370LF OF DITCH)) 6X6X6GA WIRE MESH(8'X20'EACH)FOR CONCRETE LINED 2 DITCH(FROM JIMMY JOHNSON TO RICE FARM ROAD(909LF OF EA 136 $ 45.00 $ 6,135.75 DITCH)) 6X6X6GA WIRE MESH(8'X20'EACH)FOR CONCRETE LINED 3 DITCH(FROM RICE FARM ROAD TO WILLOWS APT OUTFALL EA 86 $ 45.00 $ 3,881.25 (575LF OF DITCH)) 6X6X6GA WIRE MESH(8'X20'EACH)FOR CONCRETE LINED 4 DITCH(FROM RICE FARM ROAD TO WILLOW LANE(325LF OF EA 114 $ 45.00 $ 5,118.75 DITCH)) 6X6X6GA WIRE MESH(8'X20'EACH)FOR CONCRETE LINED 5 DITCH(FROM WILLOW LANE TO FIRE ENTRANCE AT RICE FARM EA 100 $ 45.00 $ 4,488.75 ROAD(285LF OF DITCH)) Item DESCRIPTION OF ITEM WITH UNIT BID PRICE WRITTEN IN No. WORDS UNITS QTY UNIT PRICE TOTAL AMOUNT GALVANIZED KEYWAY 20'O.C.(3-1/2"SIDEWALL KEYWAY,5- 20' 1 1/2"BOTTOM KEYWAY-SOLD IN 1OLF SECTIONS)(FROM B2 TO CROSS 19 $ 40.00 $ 740.00 JIMMY JOHNSON(370LF OF DITCH)) SECTION GALVANIZED KEYWAY 20'O.C.(3-1/2"SIDEWALL KEYWAY,5- 20' 2 1/2"BOTTOM KEYWAY-SOLD IN 1OLF SECTIONS)(FROM CROSS 45 $ 40.00 $ 1,818.00 JIMMY JOHNSON TO RICE FARM ROAD(909LF OF DITCH)) SECTION GALVANIZED KEYWAY 20'O.C.(3-1/2"SIDEWALL KEYWAY,5- 20' 3 1/2"BOTTOM KEYWAY-SOLD IN 1OLF SECTIONS)(FROM RICE CROSS 29 $ 40.00 $ 1,150.00 FARM ROAD TO WILLOWS APT OUTFALL(575LF OF DITCH)) SECTION GALVANIZED KEYWAY 20'O.C.(3-1/2"SIDEWALL KEYWAY,5- 20' 4 1/2"BOTTOM KEYWAY-SOLD IN 1OLF SECTIONS)(FROM RICE CROSS 16 $ 40.00 $ 650.00 FARM ROAD TO WILLOW LANE(325LF OF DITCH)) SECTION GALVANIZED KEYWAY 20'O.C.(3-1/2"SIDEWALL KEYWAY,5- 1/2"BOTTOM KEYWAY-SOLD IN 101F SECTIONS)(FROM 20 5 CROSS 14 $ 57.00 $ 812.25 WILLOW LANE TO FIRE ENTRANCE AT RICE FARM ROAD(285LF OF DITCH)) SECTION Estimated Construction Cost $ 779,554.94 Total Construction Cost with 15%Contingency $ 896,488.18 6X6X6GA WIRE MESH-8'X20'$16.00 EACH 3-1/2"GALVANIZED KEYWAY-10'SEGMENTS$12.00 EACH 3-1/2"GALVANIZED KEYWAY-10'SEGMENTS$16.00 EACH This probability of cost is prepared as a guide only and is subject to 5050 CU.YD.NET CUT FOR DITCHES possible change.ft has been prepared to a standard of accuracy which,to the best of our knowledge and judgment,is sufficient to satisfy our understanding of the purpose of this probability.Soutex Surveyors&Engineers makes no warranty,either expressed or implied,as to the accuracy of this estimate. EXHIBIT B CLIENT: JEFFERSON COUNTY DRAINAGE DISTRICT NO. 7 -----1 A — — — ---1 I1lAfi cru F: 1'-100' if) F-> \ PO�CON1V L. P.y 1 PQ pG L,99 b �50 100 �a pa c� g OVt`'�N. �G a x St \,. 0: --- 1-1r I Ova �O 'I 0312 E O'460.65 l— / (CAt1-0=ro3 47 _ ¶ a m 3w s — FARM ROAD to TI EAAST ROW.UHE FOUND 1/2"- 1 el W0--. z L P 1 STEEL ROD o~ UNIMPROZ9� T— �_ CAPPED-SOUTEX' i 3- FOUND 1ROD i 5� Z T� �I i COMMENCINGINTOF \ o, S '� = I FOUND ROD Sl 1 �� `•, PROPOSED(0.1686 AC)- -6 N:13928656.95 CY-- i 25'WIDE 'I a E:3560579.07 6�R\�' POINT OF z CITY OF PORT ARTHUR ) ''- \ N6�rLE�, n BEGINNING cc. DRAINAGE EASEMENT N I; �F,O �G4 G�gg'1 O N:13928360.50 51 ' d lC'P1,tr? s:9.OO G Zz E3560416.10 . m I IN V-GF-*`L PR F z 8 W Q. 00 w ~ ORF.`'�Gt� p oNm Ch :I y0 S�0.5 I I WLI n �,OgPOSO 2 w 3§ ; _ r kGOG.�,EL tiQR C. tN-io' F. .W100-60DE u121TY ESMNf. o 101 �I Q .10�' Z I O.1.1R.J.C. Line Table e -.1I Line# Direction Length Z a �1 L1 S 33°02'12"W 39.96' n W w w ooii oi — — �` tir w'. L2 S 45°29'39"E 25.51' ro CO ate 3 w cs a \ aJ u a o L3 N 33°01'39"E 15.31' FOUND BENT F ' �ESIc` v O p0 1/2-STEEL ROD rn 2 �. N,� t c,,,R�. I O W b L4 S 44°30'21"W 15.00' Ig. S •In ce.w m Pv�fL 96ah,OQ I S o?S L5 S 33°02'12"W 30.61' ,c �_ E z to m'� A� W n s; 1O o QU O 13 g Ou.m. 6. 1 15' WIDE DRAINAGE EASEMENT I 0.2174 ACRE OF LAND I r JEFFERSON COUNTY FOUND-X" DRAINAGE DISTRICT NO. 7 IN CONC. L.; LATERAL 8-2-A DITCH -i VOL.BBa, PG.1DE 54 DER JNC. I JIMMW�D�P,,Buc R11.4 0U OF WARD 100 0 n It eI DESCRIPTION or SERVICES: 15' WIDE DRAINAGE EASEMENT WITH DESCRIPTION SURVEYOR'S CRERPICATION: o 05-06-2024 6, = POINT FOR CORNER METES AND BOUNDS OF EVEN �:._ n DATE TO ACCOMPANY THIS SURVEY i D.R.J.C. = DEED RECORDS, JEFFERSON COUNTY ANTHONY M. LEGER Yt O.P.R.J.C. = OFFICIAL PUBLIC RECORDS, JEFFERSON COUNTY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 SURVEYORS NOTES A FEMA Flood Zone: X I. BEARINGS AND DISTANCES ARE BASED ON TEXAS COORDINATE SYSTEM OF 1983,SOUTH-CENTRAL 20NE.U.S SURVEY FEET,REFERENCED TO SMARINET,NA. tt OF. �.- 2. TEXAS 811-CALL SHOULD BE DONE PRIOR TO ANY DIGGING OR CONSIRUCTON IN CASE OF UNDERGROUND `V Community Panel NO.: 3. THIS RVEYR DOESnNOT WARRANT OWNERSHIP.THERE MAY BE EASEMENTS,OR OTHER MATTERS NOT SHOWN. i". . . 'rt.1, ;. 48549 99-001 0-E 4. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TLE REPORT ',CO h 0_N; i. ANTHONY N.LEGER • % Panel Date: 4/17/1984 •, ® 3737 R 37371Doctors Drive q PortALue Texas 77642 ,:sokyFs481�PoZt,, y, Project No.23-0485-DEZ TeL409.983.2004 �0 Eggl �4+., SURD, N Drawn By: MMG 1 SURVEYORS&ENGINEERS Fea.409.983.2005 r rapt rod pns souteasurverlors.com _ PIL.S.i1101 IIQr2 W ©Polls R03130W CLIENT: CITY OF PORT ARTHUR 1 1 1 LOT 3 1LANDSDOWNE ESTATES VOL. 12, PG. 88 C M.R.J.C. 7\ 1 J 1 FOUND 1/2"STEEL ROD SCALE: 1.-IOU \ CAPPED'SOUTEX' 0 -50 100 \ \ \ \ Line Table 1 m a Line# Direction Length m1 }. 1 i (CALLED 4.662 ACRES) L1 S 33°O2'12"W 39.96' H&P ENGINEERING w N,1 & CONSTRUCTION, INC L2 S 51°35'16"E 25.06' \ !P °ct F.#2005008857 9 O.P.R.J.C. L3 N 45°29'39"W 25.51' 1 )2 1va L4 S 33°02'12"W 30.61' POINT OF cit COMMENCING \ ' STEELDROD• APPROXIMATE LOCATION OF O0DLANE O a 1 N:13928656.95 FLOOD ZONE CHANCE WILLOV`j 1 E:3560579.07 — (40,WIDE R,p.W.1 CONC.PAVEMENT Z co a: F.G.#1110-46-2555,O.P.R.J.C. O m 1 NORTHEAST R.O.W!ENE — -- — =a LL F.G.#1�-50-1961,O.P.R.J.C. W WS APARTMENTS 1 T -- FOUND'S'� o W1VO PG. 199 1 1 SOUTHWES R.O.W. — E 89831. N CONC. Y 3 VOL. (A. J C j l2. —5 51'3516" iI �$ POINT OF ZONE B 10' WIDE UTIUTY ESMNT. dI BEGINNING Z F.C. 100-60-1215 N:13928623.48 ca.. O.P.R.J.C. in E:3560557�24 0 Or \ rp ZONE AH (EL4) I I �ZA o I �I Q o4 N (rAI I FD 2.59 ACRES) (CALLED 5.417 ACRES) z LI- PROCTER BAPTIST CHURCH I PROCTER BAPTIST CHURCH I GUL(GALL ES 1.17 ESCCOM'P140 W a W W/ VOL. 2D.R�J.0 PG. 203 1 U 1 O=Z N M gL VOL. 17t3. PG 238 a ., IIPX D.R.J.C. v Q 4.RUE.12.RG. I1 „ H"I LOT a \ rn p.A.L•C�NEB LOT I.BUC 12'RO JEFFERSON COUNTY I 2 `N DRAINAGE DISTRICT NO. 7 `" 12 RG."G" t 25' WIDE DRAINAGE EASEMENT LATERAL B-2-A DITCH LOT_ 12 R IDE EASEMENT 0.1683 ACRE OF LAND I VOL.W884, PG. 542, D.R.J.C. c -� Lot 8.B�' \--- — — — NORTHEAST R.O.W.UNE o — ul I 1 — ' N 4529.39" W 317.94' FOUND 1/2"BENT FOUND 1/2' PROPOSED 15'WIDE STEEL ROD I 100' WIDE GULF STATES UTILITIES STEEL R� DRAINAGE DISTRICT NO. 7 INTERURBAN RIGHT OF WAY • EASEMENT i o E W JEFFERSON COUNTY '0 7 DRAINAGE DISTRICT NO. 7 o` p = POINT FOR CORNER a J oI MAIN "B" CANAL z € D. a < DESCRIPTION Of SERVICES: 25' WIDE DRAINAGE EASEMENT WITH DESCRIPTION 8 SURVEYOR'S CERTIFICATION: 1 05-06-2024 "' METES AND BOUNDS OF EVEN E/ O DATE TO ACCOMPANY THIS SURVEY i O.R.J.C. = DEED RECORDS, JEFFERSON COUNTY ANTHONY . LEGER O.P.R.J.C. = OFFICIAL PUBUC RECORDS, JEFFERSON COUNTY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 SURVEYORS NOTES FEMA Flood Zone: X 1. BEARINGS AND DISTANCES ARE BASED ON IFOAS COORDINATE SYSTEM OF 1983.SOUTH-CENTRAL ZONE,U.S. ' SURVEY FEET,REFERENCED TO SMARTNET,NA OF 2. TEXAS 811-CALL SHOULD BE DONE PRIOR TO ANY DIGGING OR CONSTRUCTION IN CASE OF UNDERGROUND `t a PIPELINES OR UTILITIES. \STF Community Panel NO.: 3. THIS SURVEY DOES NOT WARRANT OWNERSHIP.THERE MAY BE EASEMENTS.OR OTHER MATTERS NOT SHOWN. gyp. 'oA, \ 9. 4854999-0010-E 4. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. CO.4; * O E/l\ Panel Date: 4/17/1984 ` 3737 Doctors Drive ANTHONYM.IFGER 7 1' ' 77642 •SC)IJT,E)C Port rthexa < . 1�Project No. 2J-0485-DETeAL ur,T409.983.2004 y� fSS\v�+ SURVEYORS&ENGINEERS Faz409.983.2005 SUR . - i Drawn By: MMG ,� • .. .. i TAPE riy/OW souteuurveyors.com taus FM nwzmsu OWLS Rang EXHIBIT C STATE OF TEXAS § INTERLOCAL AGREEMENT COUNTY OF JEFFERSON § RICE FARM ROAD DRAINAGE WHEREAS, City of Port Arthur,Texas,by and through its City Council as authorized by Chapter 791 of the Government Code County Drainage District No. 7 (DD7), a body politic of the State of Texas, for the mutual benefit of the citizens they serve, desire to enter into a contract to provide certain services to each other; and, WHEREAS, DD7, through its maintenance and construction personnel, from time to time, has the capacity to provide labor and equipment suitable for the construction of ditches and stormwater channels; and, WHEREAS,the City of Port Arthur, from time to time, has the engineering department available to design and manage the improvements of various drainage facilities and roadways which drain into and contribute to the overall drainage system within the City of Port Arthur; and, WHEREAS, the City of Port Arthur, does not have the qualified labor or equipment suited for construction and/or maintenance of such ditches and stormwater channels; and, Now,therefore,know all men by these presents: City of Port Arthur and DD7 hereby agree as follows: 1. The City of Port Arthur's Rice Farm Road drainage system collects and transports stormwater drainage from the area bounded by SH347 and Jimmy Johnson Boulevard and conveys this water south to the unimproved DD7 stormwater channel `B2-A," located along and running parallel to the "GSU—Interurban ROW." 2. DD7 shall furnish labor and equipment to improve the existing Interurban Drainage Ditch designated as B2-A (owned by DD7) and a ditch along a portion of the unimproved portion of the"Rice Farm Road"ROW(owned by the City of Port Arthur) for a total length of approximately two thousand one hundred and fifty (2150) linear feet, and provide services for the construction of said concrete lined stormwater channel portrayed and engineered on Exhibit A"Rice Farm Road Construction Plans" incorporated herein and as determined in the reasonable discretion of the DD7 Commissioners, subject to procedures referenced in Paragraph 9 below. 3. The City of Port Arthur shall furnish DD7 with design, engineering, and oversight, materials, including but not necessarily limited to, concrete, concrete reinforcement steel, structural fill material, and funding needed for the purchase of equipment necessary for this job over and above what DD7 has on hand and available for this effort. 4. Payment to DD7 for purchased materials and rented equipment, herein contemplated, shall be determined and mutually agreed from time to time depending on the scope of the improvements needed. DD7 will provide receipts as documentation for all applicable purchases and equipment rented. 5. This agreement shall be effective on the date of its execution and may be terminated at the will of either party. 6. This agreement shall be governed by the laws of the State of Texas. 7. Nothing in this agreement may be construed to create an agency relationship between the parties. This agreement does not create an agency, joint venture, or partnership between the parties. 8. The agents or employees of a party shall not be deemed to be the agent or employee of the other party. 9. The parties further agree, pursuant to Chapter 791, Texas Government Code, that any dispute regarding the terms and execution of the work under this agreement will be submitted to mediation and if that fails, at the option of a party, submitted for final determination using the dispute resolution procedures set forth in Chapter 154, Texas Civil Practice and Remedies Code as agreed upon by the parties or as determined and ordered by the Jefferson County Judge if the parties are unable to agree on the procedure, it being the intention of the parties to first make a good faith decision attempt to resolve any disputes between them in the manner most likely to avoid potentially expensive and time consuming litigation. Executed on the day of , 2024. Jefferson County Drainage District No. 7 City of Port Arthur,Texas Phil Kelley, Ron Burton, CPM, City Manager General Manager City of Port Arthur