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HomeMy WebLinkAboutContract 50648 —,f SECRETARY �("RACT NO. INTERLOCAL COOPERATION CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT This Interlocal Cooperation Contract (this "Contract") is entered into by and between the Contracting Parties shown below pursuant to authority granted in and in compliance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. I. Findings: Each party finds that the subject of this Contract is necessary for the benefit of the public and that each has the legal authority to perform and to provide the government functions or services which are the subject matter of this Contract; and Each party finds that the performance of this Contract is in its common interest and that the division or payment of costs fairly compensates the performing party for the services or functions under this Contract; and II. Contracting Parties: The Receiving Party: City of Fort Worth, Texas (sometimes "City"), a municipal corporation of the State of Texas: Attn: Richard Martinez Assistant Director Transportation Public Works City of Fort Worth City Hall — Second Floor 200 Texas St. Fort Worth, TX 76102 richard.martinez@fortworthtexas.gov Agreement terms and all other matters: See Section IX The Performing Party: The University of Texas at Arlington (sometimes "UTA"), a State University of Higher Education established under the laws of the State of Texas as an institution of the University of Texas System: 9 3 Programmatic Matters: o� m OFFICIAL RECORD Ali Abolmaali, P.E., Ph.D CITY SECRETARY rn Professor and Department Chair z U � Dept. of Civil Engineering FTS WORTNv TX v Page 1 of 6 UTA Box 19308 Arlington, TX 76019 Tel. 817-272-5055 Fax. 817-272-2630 Email: abolmaali@uta.edu Agreement terms and all other matters: See Section IX III. Statement of Services to be Performed UTA will perform academic review of the City's construction policies and practices with regard to assisting City staff in developing policies and manuals of practices and guideline specifications related to pavement, storm drainage, traffic study, intersection improvements, sidewalk, ADA ramps, pavement utility cut policy, and other related projects on a task order basis. The first task order will be a review of the City's Utility Construction Policy as detailed in the attached "Exhibit A." IV. Contract Amount Compensation by the City to UTA under this Contract is an amount not to exceed Four Hundred Thousand and 00/100 Dollars ($400,000.00). Individual task orders will be issued up to the Contract Amount. This Contract may be amended from time to time to add scope and increased amounts. V. Payments UTA will invoice the City for their services based on an estimated cost per task order, which shall be established prior to issuance of any task order, in a lump sum. The amount of the first task order under this Contract shall be as provided on Exhibit "A". City will remit payments to UTA for services satisfactorily performed under this Contract in accordance with the Texas Prompt Payment Act, Chapter 2251, Texas Government Code. The payments shall be submitted to: The University of Texas at Arlington, 219 West Main Street, Box 19136, Arlington, TX 76019-0136 (Attn: Grant and Contract Accounting). Payments made under this Contract will (1) fairly compensate Performing Party for the services performed under this Contract, (2) be made from current revenues available to Receiving Party VI. Warranties Performing Party warrants that (1) it has authority to perform the services under authority granted in Section 65.31, Texas Education Code and Chapter 791, Texas Government Code, (2) it has all necessary power and has received all necessary approvals to execute Page 2 of 6 and deliver this Contract; and (3) the representative signing this Contract on its behalf is authorized by its governing body to sign this Contract. Receiving Party warrants that (1) the services are necessary and authorized for activities that are properly within its statutory functions and programs; (2) it has the authority to contract for the services under authority granted in Chapter 791, Texas Government Code; (3) it has all necessary power and has received all necessary approvals to execute and deliver this Contract; and (4) the representative signing this Contract on its behalf is authorized by its governing body to sign this Contract. VII. Term of the Agreement This Agreement is for a term commensurate with the expenditure of the funds, effective as of the Effective Date as established, below and shall terminate upon the exhaustion of the funds or the expiration of three (3) years from the Effective Date, unless terminated sooner under Section VIII. Vlll. Termination In the event of a material failure by a Contracting Party to perform its duties and obligations in accordance with the terms of this Contract, the other party may terminate this Contract upon sixty (60) days' advance written notice of termination setting forth the nature of the material failure; provided that, the material failure is through no fault of the terminating party. The termination will not be effective if the material failure is fully cured prior to the end of the 60 day period. This Agreement may be terminated by the written agreement of both Parties. Termination or cancellation of this Agreement shall not affect the rights and obligations of the Contracting Parties accrued prior to termination. Upon termination, Receiving Party shall pay Performing Party for all reasonable and non-cancellable expenses incurred or committed to be expended as of the effective termination date. UTA shall invoice the Receiving Party for all such items within sixty (60) days of the termination notice. IX Notices All notices, communications and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the addresses shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of actual receipt. If intended for Receiving Party, to: Richard Martinez Assistant Director City of Fort Worth Transportation and Public Works Department Page 3 of 6 200 Texas St. Fort Worth, TX 76102 817-392-7914 richard.martinez@fortworthtexas.gov If intended for UTA, to: Jeremy Forsberg Assistant Vice President for Research The University of Texas at Arlington 701 S. Nedderman Drive Box 19145 Arlington, TX 76019-0145 Executed and effective as of the date subscribed by the party whose signature makes this Contract fully executed ("Effective Date") by the following duly authorized representatives of the Contracting Parties: Receiving Party Performing Party City of Fort Worth The University of Texas at Arlington - By:;' By: _ Name: Susan Alanis Name: Dr. Duane Dimos Title: Assistant City Manager Title: Vice President for Research Date: 4 ( (a Date: 3/21/2018 APPRO RECOMMENDED: By: Uj ('i Douglas iersig Director, Transportation an Public Works Dept. Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirem. r s� Riad Nusrallah OFFICIAL RECORD Street Program Manager CITY SECRETARY FT. 0F',I,TX APPROVED AS TO FORM AND LEGALITY By: Douglas W. Black Sr. Assistant City Attorney ATT ST I' �F F0 a q J. Kayser City Secretary Form 1295 No. N/A M&C No.: C-28619AS M&C Date: March 20, 2018 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Page 5 of 6 Exhibit "A". First UTA Task: Update current City of Fort Worth utility construction policy Lump sum cost estimate: $88,000 Page 6 of 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/20/2018 DATE: Tuesday, March 20, 2018 REFERENCE NO.: **C-28619 LOG NAME: 202018 RESEARCH SERVICES UTA SUBJECT: Authorize Execution of an Agreement with the University of Texas at Arlington in an Amount Not to Exceed $400,000.00 to Provide Research Services and Assistance in Lieu of Consultants to the Transportation and Public Works Department for Various Work Activities on an As-Needed (Task Order) Basis (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with the University of Texas at Arlington, in an amount not to exceed $400,000.00, for a duration concurrent with the availability of funds to provide research services for Transportation and Public Works Department on various work activities on an as needed (task order) basis. DISCUSSION: This contract will provide a wide variety of research services by researchers and students at the University of Texas at Arlington to assist Transportation and Public Works staff in various work activities such as policies, standards, procedures, materials and new delivery techniques on an as needed (task order) basis. An initial task order will be to assist in updating the City's Utility Construction Policy and pavement restoration techniques. The Agreement will expire when authorized funds have been exhausted or services are no longer needed. This contract will be with a governmental entity, state agency or public institution of higher education: University of Texas Arlington. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the various operating and capital funds on a work order by work order basis and that prior to any expenditure being made, the department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDS): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Logname: 202018 RESEARCH SERVICES UTA Page 1 of 2 Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Riad Nusrallah (2729) Additional Information Contact: Richard Martinez (7914) ATTACHMENTS 1. UTA Interlocal Agreement.doc (CFW Internal) Logname: 202018 RESEARCH SERVICES UTA Page 2 of 2