HomeMy WebLinkAboutContract 47705 CJTY SECMAW
CONTRACT MO.
2016
CI�(pF FORT 1h�ORi��
e1 CITI'SECREYf`,RY INTERLOCAL AGREEMENT BETWEEN THE
CITY OF SAGINAW AND THE CITY OF FORT WORTH
Water Transmission Main,Roadway Improvements on Old Decatur Road Between
Springhill Drive and the Northern City Limits Of Saginaw, and Saginaw CCN
STATE OF TEXAS §
COUNTY OF TARRANT §
This Interlocal Agreement ("Agreement") is entered into by and between the City of
Saginaw, a Texas home rule municipality, acting by and through Mayor Gary Brinkley, its duly
authorized representative, ("Saginaw"), and the City of Fort Worth, a Texas home rule
municipality, acting by and through its duly authorized Assistant City Manager("Fort Worth"),
I. RECITALS
WHEREAS, Chapter 791 of the Texas Government Code, the Interlocal Cooperation
Act, authorizes municipalities to enter into interlocal agreements for the providing of
governmental functions and services;and
WHEREAS, each governing body, in performing governmental functions or in funding
the performance of governmental functions hereunder, shall make that performance or those
payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the
common interest of both parties,that the undertaking will benefit the public and that the division
of costs fairly compensates the performing party for the services or functions under this
Agreement; and
WHEREAS,Fort Worth's application for Certificate Convenience and Necessity (CCN)
No. 1231 lwhich included the boundaries of the City of Saginaw was approved without protest or
objection;and
WHEREAS, Saginaw now seeks to acquire the property within its city limits into
Saginaw's own CCN and has filed an application with the Public Utility Commission(PUC); and
WHEREAS, Fort Worth supports the granting of the CCN to Saginaw for the property
within Saginaw's city Iirnits;and
WHEREAS, Saginaw and Fort Worth desire to install a water transmission main and
roadway improvements to a specified portion of Old Decatur Road, a portion of which is located
within the territorial limits of Saginaw and a portion of which is located within the territorial
limits of Fort Worth.
NOW THEREFORE, Saginaw and Fort Worth agree as follows;
OFFOCAAL IRMORID
Water'1'iansmission Main,Roadway Improvements on Old Decatur Road and CCN Pagel f8 T 'iHCR UAW
FT. 4 ovmq 7X
H. TERMS AND CONDITIONS
A. Project. Fort Worth and Saginaw (the "Parties") agree to cooperate in the
construction of the water transmission main and roadway improvements on OId Decatur Road
between Springhill Drive and the northern City Limits.of Saginaw, as indicated in Exhibits "A",
"B"and"C",which shall be let and completed as a single construction contract(the"Project").
B. Design of the Project. The Parties acknowledge and agree that Fort Worth will
prepare the Project design and that Fort Worth shall be solely responsible for the Project design.
Saginaw shall have the opportunity to review the final plans and Fort Worth will address
Saginaw's comments to the extent they do not materially change the intent of the project.
C. Project Obligations. Fort Worth will pay for the entire project construction costs
including all necessary utility adjustments so the new water transmission main can be installed.
Fort Worth will pay for the replacement of the section of Old Decatur Road as shown on Exhibit
"A". Saginaw will grant Fort Worth a 30-foot easement for the water transmission main in the
Old Decatur Road right-of-way at no cost to Fort Worth. Fort Worth will prepare the easement
documents.
D, Award Construction and Maintenance. Fort Worth shall be responsible for:
I. Competitive procurement and award of the construction contract for the
Project;
2. Preparation of Project contract documents;
3. Inspection of Project construction;
4. Securing from its contractor a 2 year, 100%maintenance bond in favor of
Saginaw for the pavement construction.
E. Current Revenue. No debt is created by this Agreement. Saginaw and Fort
Worth each hereby warrant that all payments, contributions, fees and disbursements, if any,
required under this Agreement shall be made from current revenues.
F. No Waiver of Immunity or Defenses. Nothing in the performance of this
Agreement shall impose any liability for claims against either Fort Worth or Saginaw, other than
claims for which the Texas Tort Claims Act may impose liability.Nothing contained herein shall
be deemed to waive any immunity or defense or constitute a waiver of governmental immunity
by Fort Worth or Saginaw.
G. Support of Saginaw's CCN Application. Fort Worth will support Saginaw's
application to the PUC to grant Saginaw a CCN for the property within its incorporated limits as
shown in Exhibit "D". Fort Worth agrees to submit to the PUC all reasonably requested
documentation or showing of support to support Saginaw's application.
Water Transmission Main,Roadway Improvements on Old Decatur Road and CCN Page 2 of S
H. No Third Party Beneficiaries. It is understood by the Parties that this Agreement
is entered into for the mutual convenience and purposes of Saginaw and Fort Worth and it is the
Parties intent that no other person shall be construed as a beneficiary of this Agreement. Further,
the Parties do not intend for any third party to obtain any right by virtue of this Agreement.
I. No Creation of Rights. By entering into this Agreement,the Parties do not intend
to create any obligations express or implied other than those stated in the Agreement. Further,
this Agreement shall not create any rights in any party not a signatory to the Agreement.
J. Force Majeure. If, by reasons of Force Majeure, any party will be rendered
wholly or partially unable to carry out its obligations under this Agreement after its effective
date,then such party will give written notice of the particulars of such Force Majeure to the other
party or parties within a reasonable time after the occurrence of such event. The obligations of
the party giving such notice, to the extent affected by such Force Majeure, will be suspended
during the continuance of the inability claimed and for no longer period, and any such party will
in good faith exercise its best efforts to remove and over come such inability.
K. Severability. hi the event any section, subsection, paragraph, subparagraph,
sentence, phrase, or word of this Agreement is held invalid, illegal, or unenforceable by a court
of competent jurisdiction, the balance of this Agreement shall be enforceable, and shall be read
as if the parties intended at all times to delete said invalid section, subsection, paragraph,
subparagraph, sentence,phrase, or word. In such event there shall be substituted for such deleted
provision a provision as similar in terms and in effect to such deleted provision as may be valid,
legal and enforceable.
L. Amendment. This Agreement may only be amended, altered, or revoked by
written instrument signed by the parties to such amendment.
M. Notice. Any notice provided for or permitted under this Agreement shall be made
in writing and may be given or served by (i) delivering the same in person to the party to be
notified, or (ii) depositing the same in the mail, postage prepaid, certified with return receipt
requested, and addressed to the party to be notified, or (iii) sending by electronic means, with a
copy thereof sent by registered mail on the same day. If notice is deposited in the mail pursuant
to (ii) or (iii) of this Article, it will be effective upon receipt or refusal. For the purpose of
notice,the addresses of the parties are, until changed as provided below, as follows:
City of Fort Worth
Water Department
Attn: Roberto C. Sauceda,P.E.
1000 Throckmorton
Fort Worth,Texas 76102
Water Transmission Main,Roadway Improvements on Old Decatur Road and CCN Page 3 of 5
With copy to:
Douglas W.Black, Sr.Assistant City Attorney
1000 Throckmorton Street
Fort Worth,Texas 76102
City of Sa.ig_naw
Attn:Nan Stanford, City Manager
333 West McLeroy Blvd.
Saginaw,Texas 76179
With copy to:
Bryn Meredith, City Attorney
Taylor, Olson,Adkins, Sralla&Elam, L.L.P.
6000 Western Place, Suite 200
Fort Worth, Texas 76107
The parties may from time to time change their respective addresses, and each shall have
the right to specify as its address any other address upon at least ten days written notice to the
other party.
N. Entire Agreement. This Agreement, including any exhibits attached and made a
part hereof, is the entire Agreement between the parties and supersedes all prior or
contemporaneous understandings or representations, whether oral or written, respecting the
subject matter herein.
0. Effective Date and Term. This Agreement shall become effective immediately
upon its execution by both parties and shall be for a term of one year or until completion of the
Project,whichever occurs first. This Agreement may be renewed annually as necessary.
P. Non Discrimination. Neither Fort Worth nor Saginaw, nor any of their officers,
members, agents, employees, program participants, or subcontractors, while engaged in
performing this contract, shall in connection with the employment,advancement, or discharge of
employees, or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age, except on the basis of a bona fide occupational
qualification,retirement plan, or statutory requirement,
Fort Worth and Saginaw agree that in the execution, performance, or attempted
performance of this Agreement,they will not discriminate against any person or persons because
of gender, religion, color, sexual orientation, or national origin,nor will either party permit its
respective agents, employees, subcontractors or program participants to engage in such
discrimination.
ACCORDINGLY, Fort Worth and Saginaw have each caused this instrument to be
executed in quadruplicate on each city's respective behalf by its duly authorized representative.
Water Transmission Main,Roadway Improvements on Old Decatur Road and CCN Page 4 of 5
EXECUTED and EFFECTIVE as of the date last written by a signatory, below.
CITY OF SAGINAW
By: 64
Gary Brinkley, May
Date: 4–5-2-e-1(o
ATTEST:
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J i e England,City cretary ® J -
�O
j� 0 ® •
Approved as to Form and Legality: %o SEAL OF
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B i M redit -dA-, City Attorney �,�����'''/'//nnm*nn►►````����`````````
CITY OF FORT WORTH
By: —
hapa, Assistant dhi Manager
ATTEST:
Mary J.Kaysk-7CO Secret y 008
M&C No. n) r Date
RECOMMENDED FOR APPROVAL: Approved as to Fomi and Legality:
U
By.,
, . '.,Assistant Director QDou�gltasW.$lack
Water Department Sr.Assistant City Attorney
OFFICIAL RECORD
Water Transmission Main,Roadway Improvements on Ofd Decatur Road And CCN Page 5 f�f�+FICITY� L R•pEpTAyRV
FT. WORTH X79 TX
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Section of Old Decatur Rd,
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to be Replaced with
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EXHIBIT A
LEGEND
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WIN ORDR-
41
Old Decatur Rd
F
Northbound Lane1°N 1
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to be Replaced with
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Road to be Replaced with r �
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Section of Water Line
Typical Asphalt Trench Repair -%u�
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Road to be Replaced with
Construction
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A,:: Avvith Road Con
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EXHIBIT11rm' t�ti. o
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Road o \1- \� oR°°�L\ .. .1_ y �\ ��.
w. •,u ,��S+EK,r'T �YL
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L Ti11 E(Tl .il'�' ,
I�1 :D
Saginaw[_J Saginaw City Limit
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ROW VARIES(MUSUAL)
OLD DECATUR RD CL MOD
i
- ' bb'
I �• I
b' S' S' 12' 12' 9.5• 18.5' )2' 12' S'
LANE LANE SOD T SOD LANE LANE I
VARES I VARIES
TOSREMAWOEWALH
--~—^ 8"MOHQUTHC
CURB
M)'•REWORCED PGL
PAVEMENT
7"MO
SUBOaRAOE SBM%gY CURB
MATCH EVSTIN0$2X TYPICAL)
PROPOSED TYPICAL SECTION
OLD DECATUR ROAD
NOT TO SCALE
STA $08.00 TO STA 112.00
STA $44.50 TO STA $66.00
)10'ROW
OLD DECATUR RO CL
w
# 65' i 55 _
5, S u' u, H• �, W 9'
i LANE LANE LANE LANE
TWO•WAY LETT
1 7VRH LANE t t ;
aurrER
I
—nomPGL
7'yONOtJTM
AAVEIEKNN RCEO CURD
6"LWE TREATED
SU)ORAM MOM
PROPOSED TYPICAL SECTION
OLD DECATUR ROAD
NOT TO SCALE
STA 132.00 TO STA $44.50
EXHIBIT C
LEGEND
PROPOSED OLD DECATUR RD
----- EXISTING OLD DECATUR RD
FORT WORTSNICHOL
�7<NICHOL
'T' S
Exhibit "D"
i
287
I
I
--
Bailey Boswell
Road
8,0
X21
41
ttOIf
- a . E McLeroy Blvd
r
W McLeroy Blvd =�
�t -
y0. "i N
Y.. .� II r•
if Longhorn Road 1 E Industrial Ave
a
r
L
City of Saginaw Kimlep Horn March 2016