Primary Department: Flood Control District
Primary Department Head/Elected Official: Tina Petersen, Ph.D., P.E., Executive Director
Secondary Department: N/A
Secondary Department Head/Elected Official: N/A
Regular or Supplemental RCA: Regular RCA
Type of Request: Contract - Termination
Project ID (if applicable): A135-01-00-E001
Vendor/Entity Legal Name (if applicable): Environmental Allies, LLC
MWBE Contracted Goal (if applicable): 22%
MWBE Current Participation (if applicable): 35.1%
Justification for 0% MWBE Participation Goal: N/A - Goal is not 0% and is listed above
Grant Indirect Costs Rate (if applicable): N/A
Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item
Request Summary (Agenda Caption):
title
Request for approval of a Settlement and Release of Claim Agreement between Environmental Allies, LLC, in the amount of $76,478.74, for purchased flap gate valves (Clear Creek Watershed, Bond ID F-01, Project ID A135-01-00-E001, Agreement No. 2025-39, Precinct 1, MWBE Contracted Goal: 22%, MWBE Current Participation 35.1%).
end
Background and Discussion:
This work is associated with Project ID A135-01-00-E001, Agreement No. 2025-39, and Job No. 23/0025. This agreement is needed to resolve, with minimal costs to the District, a dispute between the District and the contractor related to project delays and payment for material on hand. Morningside Place Drainage Project occurs in the 2nd quartile under the 2022 Prioritization Framework approved by Commissioners Court.
Expected Impact:
The expected impact is that the District will be able to close out Phase 1 of the project and avoid a contract claim being made against the District by the contractor.
Alternative Options:
The alternative to approving this item would be to renegotiate the contract with the Contractor, which would result in a noncompetitive higher price and potential legal claims.
County Strategic Plan Goal: 2. Connect our community with safe, reliable, equitably distributed, and well-maintained infrastructure.
County Strategic Plan Objective: H: Improve the condition and resilience of County transportation, flood control, and other infrastructure.
Justice/Safety Initiative (Goal 1): N/A
Infrastructure Initiative (Goal 2): N/A
Economy Initiative (Goal 3): N/A
Health Initiative (Goal 4): N/A
Climate/Resilience Initiative (Goal 5): N/A
Housing Initiative (Goal 6): N/A
Additional notes related to the Strategic Plan:
Prior Court Action (if any):
|
Date |
Agenda Item # |
Action Taken |
|
04/04/2023 |
230. |
Award |
|
06/25/2024 |
124. |
Change in Contract No. 1 |
|
10/29/2024 |
152. |
Change in Contract No. 2 |
Location: Near Beltway 8 and Cullen
Address (if applicable):
Precinct(s): Precinct 1
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Fiscal and Personnel Summary |
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Service Name |
4.a.2 - Construction Services |
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Current Fiscal Year Cost |
Annual Fiscal Cost |
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Labor |
Non-Labor |
Total |
Recurring Expenses |
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Funding Sources |
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Existing Budget |
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Bonds |
$ |
$76,478.74 |
$76,478.74 |
$ |
|
Choose an item. |
$ |
$ |
$ |
$ |
|
Choose an item. |
$ |
$ |
$ |
$ |
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Total Existing Budget |
$ |
$76,478.74 |
$76,478.74 |
$ |
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Additional Budget Request (Requires Fiscal Review Request Form) |
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|
Choose an item. |
$ |
$ |
$ |
$ |
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Choose an item. |
$ |
$ |
$ |
$ |
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Choose an item. |
$ |
$ |
$ |
$ |
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Total Additional Budget Request |
$ |
$ |
$ |
$ |
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Total Funding Sources |
$ |
$76,478.74 |
$76,478.74 |
$ |
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Grants - Proposed Budget (For Grants Items only) |
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Labor |
Non-Labor |
Total |
No. of Grant Years |
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Local Match Source - Existing Budget: Choose an item. |
$ |
$ |
$ |
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Local Match Source - Additional Budget Request: Choose an item. |
$ |
$ |
$ |
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Grant Funds Applied for/Awarded (Total) |
$ |
$ |
$ |
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Personnel (Fill out section only if requesting new PCNs) |
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Current Position Count for Service |
- |
- |
- |
- |
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Additional Positions Request |
- |
- |
- |
- |
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Total Personnel |
- |
- |
- |
- |
Anticipated Court Date: 10/16/2025
Anticipated Implementation Date (if different from Court date): Click or tap to enter a date.
Emergency/Disaster Recovery Note: Not an emergency, disaster, or ARPA related item
Contact(s) name, title, department: Yesenia Martinez, Commissioners Court Coordinator, Flood Control District
Attachments (if applicable): Agreement