SUBJECT: This Home Elevation Project Deposit Agreement is entered into by and between the City of Houston and the property owner(s) at 9322 Lugary Drive, Houston, Texas 77074.
RECOMMENDATION: (SUMMARY) Adopt an ordinance approving and authorizing the City of Houston / Homeowner 2016 Flood Mitigation Assistance Home Elevation Project Deposit Agreement between the City of Houston and the Homeowner(s) located at 9322 Lugary Drive, Houston, Texas 77074.
DESCRIPTION: This project consists of elevating the home located at 9322 Lugary Drive, in accordance with the City of Houston flood plain ordinance (Chapter 19).
LOCATION: The Property is located at 9322 Lugary Drive
SCOPE OF THIS AGREEMENT: The Homeowner(s) will enter into a contract (“Homeowner Contract”) with the City of Houston to accept 2016 Flood Mitigation Assistance grant funds to elevate their home located at 9322 Lugary Drive in a separate Council action. In addition, the Homeowner(s) will also enter into a contract (“Contractor Agreement”) with Arkitektura Development, Inc., as part of the aforementioned separate Council action, to complete the engineering and construction of the home elevation project described in the Contractor Agreement.
Upon City Council approval of this agreement the Homeowner(s) have agreed to deposit the amount of $24,988.40 with the City to hold and disburse, as appropriate, to pay for costs associated with the engineering and construction of the elevation project not covered by the Flood Mitigation Assistance Grant (“Non-Eligible Work”). The City will disburse funds to the Contractor as the Homeowner(s) verifies completion of non-eligible grant contracted work.
The “Homeowner Agreement,” Attachment F, “Non-Eligible Work Acknowledgement,” requires that all Non-Eligible Work performed at the homeowner’s property related to the elevation project be contracted and paid for 100% prior to the City’s initial Notice to Proceed, to prevent any possible liens or encumbrances. The purpose of this “Deposit Agreement” is to hold the Non-Eligible Work funds in escrow for compliance of the “Non-Eligible Work Acknowledgement,” and ensures the Homeowner’s Non-Eligible Work will be completed by the Contractor prior to payment.
M/WBE: The Contractor under this Agreement was encouraged but not required to participate in the City’s M/WBE Program, because it involves the use of federal funds and is subject to specific contract rules of the federal government for this Grant.
ACTION RECOMMENDED: It is recommended that the City Council adopt an ordinance approving and authorizing the “Deposit Agreement” for Non-Eligible Grant Work between the City of Houston and the Homeowner(s) at 9322 Lugary Drive, Houston, Texas 77074.
FISCAL NOTE:
No Fiscal Note is required on grant items.
Funding for this item is included in the FY2020 Adopted Budget. Therefore, no Fiscal Note is required as stated in the Financial Policies
_________________________________
Carol Ellinger Haddock, P.E.
Director
Houston Public Works