HomeMy WebLinkAboutContract 12266 �., RECEEIVEO
-_; FEB 19 1982
AMENDMENT TO CITY SECRETARY CONTRACT NO. 10959;
.VI
THE STATE OF TEXAS § February 17, 1982 r7rr
COUNTY OF TARRANT § CITY SECRETARY
CONTRACT No A?R
THIS CONTRACT AND AGREEMENT is made and entered into by and be-
tween the City of Saginaw, Texas (herein called Saginaw) , and the
City of Fort Worth, Texas (herein called Fort Worth) , both municipal
corporations located in Tarrant County, Texas, acting by and through
their respective duly authorized representatives, J. D. Johnson,
Mayor of Saginaw, and Robert L. Herchert, City Manager of Fort
Worth;
W I T N E S S E T H
WHEREAS, each of the two contracting cities has its own san-
itary sewerage collection systems and said cities are currently
operating under an agreement between them, identified as City of
Fort Worth City Secretary Contract No. 5947, whereby Fort Worth
transports and treats sewage from Saginaw's collection system to
Fort Worth's system and treatment plant; and
WHEREAS, on March 13, 1980, said cities entered into a contract
identified as Fort Worth City Secretary Contract No. 10959, in order
to cooperate in and share the costs of construction of a sanitary
sewer approach main therein described, which would make sewer ser-
vice available to theretofore undeveloped areas in the corporate
limits and/or extraterritorial jurisdictional areas of both cities;
and
WHEREAS, the parties to said City Secretary Contract No. 10959
now desire to amend the same in certain respects in order to change
the primary responsibility for the construction thereof;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, for and in consideration of the execution and performance
of the mutual covenants and undertakings herein set forth, Saginaw
and Fort Worth do hereby further contract and agree as follows:
i
City Secretary Contract No. 10959 is hereby amended at
Section I thereof, and, after such amendment, said Section I shall
be and read as follows:
'I.
"Fort Worth will construct a sanitary sewer approach main,
known as the Saginaw-Fort Worth Sanitary Sewer Approach
Main, as proposed in that certain Engineering Design
Report of Don H. Fleming & Associates, designated as
No. 77-5-43, dated October 11, 1977, as revised through
November 4, 1981, a copy of which Report is hereby incor-
porated verbatim by reference for all purposes herein.
"The proposed approach main will begin at a point located
in the southwest corner of Meacham Field within the City
of Fort Worth. At this point, the proposed line will ex-
tend north along Cement Creek roughly paralleling the east
boundary of General Portland Cement Company and the City
of Fort Worth's property. The line will extend to a point
in the Atchison, Topeka & Santa Fe Railroad spur serving
General Portland Cement Company, thence north along the
spur on its east side to a point immediately north of
Highway 820 exiting the railroad in a northeasterly direc-
tion.
"The line will traverse property owned by the Tarrant
County Water Control and Improvement District to a point
midway between Loop 820 and Longhorn Road and then branch
into separate collector lines. The collector lines will
extend in a northeasterly and northwesterly direction to
Longhorn Road, where they will tie into the existing lines
of the City of Saginaw.
"The Engineering Design Report incorporated by reference
herein also includes areas located generally along the
vicinity of the Old Decatur Road. These areas will be
served by a 15" pipeline extending from the Marine Creek
Interceptor south of Anglin Drive in a northerly direction
along and generally parallel to Old Decatur Road. While
these areas and pipelines are discussed in the Report,
they are not included in this Contract between the City of
Fort Worth and the City of Saginaw."
2.
City Secretary Contract No. 10959 is hereby amended at
Section V thereof, and, after such amendment, said Section V shall
be and read as follows:
"V.
"Fort Worth shall let the entire project for bids in its
name, shall contract for the construction of the project
in its name, and shall have physical supervision and con-
trol of the project construction with its contractor, sub-
ject to such periodic inspections as Saginaw may choose to
make to insure compliance with approved plans and'specifi-
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t
cations. Contract documents to be executed by the success-
ful bidder will be reviewed and approved by both Fort
Worth and Saginaw prior to Fort Worth's awarding of said
contract for construction. "
3.
City Secretary Contract No. 10959 is hereby amended at
Section VII thereof, and, after such amendment, said Section VII
shall be and read as follows:
"VII.
"During construction, monthly estimates of percentage of
work completed on the project shall be submitted by the
contractor to Fort Worth. These estimates will be reviewed
and, if approved, submitted to Saginaw's City Engineer,
who will review and approve and submit the same to the
City Administrator of Saginaw for his review and final
approval for payment. Progress payments to the contractor
shall be based upon the pro rata participation of each
city, as hereinabove provided. Saginaw agrees to render to
Fort Worth its share of each progress payment within 14
days after an estimate approved by Fort Worth and its
engineer is submitted to and approved by Saginaw. For pur-
poses of verifying partial and total project costs,
Saginaw shall be afforded access to relevant Fort Worth
records relating to the project construction and payment."
4.
City Secretary Contract No. 10959 is hereby amended at
Section IX thereof, and, after such amendment, said Section IX shall
be and read as follows:
"IX.
"It is agreed that final adjustment of project cost
distribution between the cities will be made on the basis
of a final tabulation of the total project cost, to be
prepared by Fort Worth after the project is completed and
in use and all bills are known to have been received and
recorded. The final adjustment of project costs will be
accomplished in the form of refund by one city to the
other, or additional payment by one city to the other, as
appropriate. Such final adjustment shall be accomplished
within 30 days after final tabulation of project costs has
been delivered by Fort Worth to Saginaw and reviewed and
approved by Saginaw. "
5.
City Secretary Contract No. 10959 is hereby amended at
Section XIII thereof, and, after such amendment, said Section XIII
shall be and read as follows:
"XIII.
"Fort Worth agrees to proceed with diligence with regard
to the construction of this project upon notification of
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approval by Saginaw, so that the facility may be placed in
operation without undue delay. "
6.
All other terms, provisions, conditions, covenants and recitals
of said City Secretary Contract No. 10959, which are not expressly
altered herein, shall remain in full force and effect throughout the
term of this agreement.
IN TESTIMONY WHEREOF, after proper action of the respective
governing bodies of the parties, we have caused these presents to be
executed in quadruplicate copies, each of which is considered an
original, and the seal of the respective parties hereto affixed on
the date hereinabove set forth.
ATTEST- CITY OF SAGINAW, TEXAS
rte_ B
y- retayy D. Joh son, Mayor
APPROVED AS TO FORM AND LEGALITY:
aw Ci Att ney
Fort Worth City Attorney
ATTEST: CITY OF FORT WORTH, TEXAS
By:
I Secretary Ro tc t
City a ,ger
APPROVED BY CITY COUNCIL
C- 11`3s-
QC. ty se--re-
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City of Fort Worth Texas 9 WV:
Mayor and Council Communication
Y.•
DATE REFERENCE susiECT:Proposed Amendment Relating to PAGE
NUMBER
Contract Between City of Saginaw and Cit3 Iof 1
2/9/82 **C-6135 of Fort Worth for Construction of
Sanitary Sewer Approach Main Saginaw -
Fort Worth
On March 11 , 1980 (MSC C-5000), City Council authorized execution of a contract
(City Secretary Contract No. 10959) Pith the City of Saginaw for construction
of the Saginaw - Fort Worth Sanitary Sewer Approach Main (Cement Creek).
In accordance with the terms of that contract, Saginaw shall let the entire
project for bids in its name, shall contract for the construction of the
project in its name, and shall have physical supervision and control of
construction with its contractor. However, the City of Fort Worth has now
received a request from the City of Saginaw in which Saginaw desires that the
City of Fort Worth let the entire project for bids in the name of the City of
Fort Worth, contract for the construction of the project in the name of the
City of Fort Worth, and have physical supervision and control of the project
construction with the City of Fort Worth's contractor.
The staff engineers of the Water Department have reviewed the request from the
City of Saginaw and concur in the request.
Project Cost and Financing
All terms as provided in the original contract regarding project cost and
financing shall remain in effect, that is, Saginaw will pay 40.98% and Fort
Worth will pay 59.02% of the final cost.
Recommendation
It is recommended that the City Council authorize the City Manager to execute
the above described amendment to City Secretary Contract No. 10959 relating to
construction of Cement Creek Sanitary Sewer Collector Main.
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SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY
CITY BYGER'S O APPROVED
ORIGINATING4V 0
OTHER (DESCRIBE) CITY
DEPARTMENT HEAD: J. Robinson SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: Lee BradleX. Lxt. DATE