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HomeMy WebLinkAboutContract 45205 (2)rn rn rn C3 13.4 f CITY SECRETARYLJcCONTRACTNo. INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAGINAW AND THE CITY OF FORT WORTH 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 Assistant City Manager Fernando Costa, its duly authorized representative, ("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, Saginaw and Fort Worth desire to install irrigation and landscaping improvements within the median of 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: II. TERMS AND CONDITIONS A. Project. Fort Worth and Saginaw (the "Parties") agree to cooperate in the design, installation, and purchase of one (1) irrigation system and landscaping, to include trees for medians located within Old Decatur Road between W.J. Boaz Road and W. McLeroy Boulevard, as indicated in Exhibit "A" (the "Project"). B. Design of the Project. The Parties acknowledge and agree that Saginaw has retained the services of Kimley-Horn, Inc. to prepare the Project design and that Saginaw shall be solely responsible for the Project design. Fort Worth shall have final approval of the Project design. Interlocal - Landscape Irrigation (FW Old Decatur — Fort Worth City Project No. 01749) .^_ ©HIV SEC Ft Ft `H9TIC C. Award, Construction, and Maintenance. Fort Worth shall be responsible for: 1. Competitive bidding and award of the construction contract for the Project 2. Preparation of Project contract documents; 3. Inspection of Project construction; and 4. Project maintenance and operational expenses. D. Cost and Payment Schedule. Fort Worth and Saginaw reasonably believe that the total cost of the Project including design, will not exceed the sum of $75 000. The Parties acknowledge and agree that, as time is of the essence, Fort Worth shall initially fund all Project costs and Saginaw shall reimburse Fort Worth an amount up to sixty two thousand nine hundred thirty five dollars ($62,935 00). In the event the Project cost increases, including design, installation, and alteration, Saginaw's contribution under this Agreement shall not exceed $62,935.00. Saginaw shall make the required reimbursement payment of $62,935.00 to Fort Worth within thirty (30) da) s after final acceptance of the Project by Fort Worth. 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. Nothmg contained herein shall be deemed to waive any immunity or defense or constitute a waiver of governmental immunity by Fort Worth or Saginaw. G. 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. H. 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. I. Force Maieure. 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 overcome such inability. Interlocal - Landscape Irrigation (FW Old Decatur — Fort Worth City Project No. 01749) page 2 J. Severability. In 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. K. Amendment. This Agreement may only be amended, altered, or revoked by written instrument signed by the parties to such amendment. L. 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 (ih) 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 Mike Bennett, P.E. Transportation and Public Works Department Re: Landscaping at Old Decatur Road - ILA 1000 Throckmorton, 2nd Floor Fort Worth, Texas 76102 With copy to: Douglas W. Black, Assistant City Attorney 1000 Throckmorton Street, 3`d Floor Fort Worth, Texas 76102 City of Saginaw Attn: Dolph Johnson, Assistant 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. Interlocal - Landscape Irrigation (FW Old Decatur — Fort Worth City Project No. 01749) Page 3 M. 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. N. 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. O. 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, subconti actors or program participants to engage in such discrimination. P. Annlicable Laws. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas. [signature page to follow] Interlocal - Landscape Irrigation (FW Old Decatur — Fort Worth City Project No. 01749) Page 4 Attorney day of A] 0 %) eAtbcri- EXECUTED this 61.11C) ATTEST: Janic land, City Secret Approved as to Form and Legality: Meredith, Ci ATTEST: M&C No. (-1- #;2(6.--dY' Date/0 } -31/� RECOMMENDED FOR APPROVAL: • By: (AJ, //t, treat\ Douglas Wiersig, P.E., Directo Transportation and Public Works CITY OF SGINA By: , 2013. Gar Brinkle Mayor CITY OF FORT WORTH Fernando Costa, Assistant• City Manager Approved as to Form and Legality: (O fl (3 Douglas W. Black Assistant City Attorney Interlocal - Landscape Irrigation (FW Old Decatur — Fort Worth City Project No. 01749) OFFICIAL ECORD CITY SECRETARY FT. WORTH, TX M&C Review Page 1 of 3 CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 10/22/2013 - Ordinance Nos. 21012-10-2013 & 21013-10-2013 DATE: 10/22/2013 REFERENCE C-26526 LOG NAME: NO.: 20OLD DECATUR CONSTRUCTION BOAZ TO MCLEROY CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract with JLB Contracting, LLC., in the Amount of $3,978,902.65 for the Construction of Old Decatur Road from W J Boaz Road to McLeroy Boulevard, Provide for Project Costs and Contingencies for a Project Total in the Amount of $5,338 144.90, Authorize Execution of an Interlocal Agreement with the City of Saginaw in the Amount of $62,935 00, Accept Reimbursement in the Amount of $5,504.55 from the City of Saginaw for Costs Related to Signal Installation and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Accept reimbursement from the City of Saginaw in the amount of $5,504.55 for costs related to traffic signal installation at Cromwell Marine Creek Road and Old Decatur Road, 2. Authorize the execution of an Interlocal Agreement with the City of Saginaw in the amount of $62,935.00 for reimbursement of City of Fort Worth's costs related to the installation of trees and irrigation along Old Decatur Road; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the TPW Gas Well Revenues Fund in the amount of $4,672,264.90 from available funds for improvements to Old Decatur Road, from W J Boaz Road to McLeroy Boulevard; 4. Authorize the transfer in the amount of $665,880.00 from the Water and Sewer Fund to the Water Capital Projects Fund; 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $665 880.00 from available funds; and 6. Authorize the execution of a contract with JLB Contracting, LLC., in the amount of $3,978,902.65 for the construction of Old Decatur Road from W J Boaz to McLeroy Boulevard. DISCUSSION: Old Decatur Road will be expanded from a three -lane undivided roadway to a four -lane divided arterial from W J Boaz Road to McLeroy Boulevard in accordance with the City's Master Thoroughfare Plan The 2008 Bond Program included funds for project design. On April 22, 2008, (M&C G-16117) City Council established a Special Projects Fund for Street Improvements and authorized the use of Gas Well Revenues in the amount of $15 million for arterial streets. Old Decatur Road is one of the roadways included in this funding Gas Well funds will be used for right- of-way acquisition, required franchise utility improvements and project construction. Funding for this project is being provided from Gas Well Revenues and the Water Capital Projects Fund. The City of Saginaw is participating in this project and will reimburse the City of Fort Worth for costs related to traffic signal installation on Cromwell Marine Creek Road and for materials and installation of trees and irrigation on Old Decatur Road. http : //apps. cfwnet. org/council_p acket/mc_review. asp 9ID=19104&counci ldate=10/22/2013 12/17/2013 M&C Review Page 3 of 3 607170174984 $4.000.00 5) P253 531350 607170174984 51 P253 531350 607170174985 5) P253 511010 607170174991 5) P253 511010 607170174992 5) P253 511010 607170174993 $2.000.00 $16.000.00 $500.00 $500.00 $500.00 Submitted for City Manager's Office by: Fernando Costa (6122) Oriainatina Department Head: Douglas W. Wersig (7801) Additional Information Contact: Mike Bennett (7910) ATTACHMENTS 20OLD DECATUR CONSTRUCTION W J BOAZ TO McLEROY C223 A014.doc 60OLD DECATUR CONSTRUCTION W J BOAZ TO McLEROY P253 A014.doc Location Map Old Decatur 01749.0df http://apps.cfwnet.org/council packet/mc_review.asp7ID=19104&councildate=10/22/2013 12/17/2013