HomeMy WebLinkAboutContract 41961 (2)�ETY SE7CRETARY
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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
Act, authorizes municipalities to enter into
governmental functions and services; and
Government Code, the Interlocal Cooperation
Interlocal agreements for the providing of
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 fmds 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 %J 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:
U.
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 West Bailey -Boswell Road and W.J. Boaz
Road, as indicated in Exhibits "A" and "B" (the "Project").
Be
Design of the Project. The
retained the services of Kimley-Horn, Inc. t
Parties acknowledge and agree that Saginaw has
Interlocal -Landscape Irrigation (FW Old Decatur) '- - � Page 1
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 $64,978.60 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 forty two thousand five hundred
dollars ($42,500.00). In the event the Project cost increases including design, installation, and
alteration, Sagmaw's contribution under this Agreement shall not exceed $42,500.00 Saginaw
shall make the required reimbursement payment of $42 500.00 to Fort Worth within thirty (30)
days 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. 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. 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 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.
Interlocal - Landscape Irrigation (FW Old Decatur) 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 (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
Patrick J. Buckley, P E
Transportation and Public Works Department
Res Landscaping at Old Decatur Road - ILA
1000 Throckmorton, 2" 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) 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, subcontractors or program participants to engage in such
discrimination.
P. Applicable 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) Page 4
EXECUTED this
ATTEST:
Ja ' ngland, City
Approved as to Form and
day of , 2011.
Bryn�eredith, City Attorney " �
pe
A ppa►<'
C
Hendrix, City Secr
M
&C No. L- 4 ODate `f 9 i I �Z
RECOMMENDED FOR APPROVAL:
By:
Dougl W. Wiersig, P.), Director
Transportation and Public Works
CITY OF SAGINAW
By:
CITY
OF FORT WORTH
By: /
,a����l�:�r�ando Costa, Assistant City Manager
C�
orm
Douglas W. Black
Assistant City Attorney
Legality:
Interlocal -Landscape Irrigation (FW Old Decatur) Page 5
M&C - Council Agenda Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/19/2011
DATE: Tuesday, April 19, 2011
LOG NAME: 20OLD DECATUR BAILEY-BOSWELL TO WJ BOAZ
SUBJECT:
Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of $2,672,830.57 for
Pavement and Drainage Improvements for Old Decatur Road Improvements from Bailey -Boswell Road to
W.J. Boaz Road (COUNCIL DISTRICT 7)
• SPMESdata
latreara,
REFERENCE NO.: C-24880
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with JLB
Contracting, LLC, in the amount of $2,672,830.57 for pavement and drainage improvements for Old
Decatur Road improvements from Bailey Boswell Road to W.J. Boaz Road.
DISCUSSION:
The 2008 Bond Program included funds for the reconstruction of arterial streets including Old Decatur
Road from Bailey -Boswell Road to W.J. Boaz Road. This construction contract will provide for the
construction of paving and drainage improvements on Old Decatur Road from Bailey -Boswell Road to
W.J. Boaz Road.
The project was advertised on October 28, 2010 and November 4, 2010 in the Fort Worth Star -Telegram.
The following bids were received on December 16, 2010:
Bidder
Amount
JLB
Contracting,
LLC
$2,672,830.57
Conatser
Construction
TX,
LP
$2,697,150.40
AUI
Contractors,
LLC
$2,733,288.70
Stabile
& Winn,
Inc.
$2,794,489.33
Jet
Underground
Utilities
$2,926,155.97
Jackson
Construction,
Ltd.
$2,946,101.95
The
Fain Group,
Inc.
$3,007,599.20
Time of completion: 300 calendar days.
The City reserves the right to increase or decrease quantities of individual pay items within the contract,
provided that the total contract amount remains within plus or minus 25 percent of the contract award.
In addition to the contract cost, funding in the amount of $269,843.00 is included for TPW associated
costs for survey, project management, material testing, field inspection and project close out. The
contingency funds to cover change orders for pavement reconstruction work total $81,000.00.
JLB Contracting, LLC, is in compliance with the City's MM/BE Ordinance by committing to 22 percent
MNVBE participation on this combined project. The City s goal on this combined project is 15 percent
This project is located on MAPSCO 33P and T in COUNCIL DISTRICT 7.
http://apps.cfwnet.org/ecouncil/printmc,asp?id=14939&print=true&DocType=Print 6/29/2011
M&C - Council Agenda
Page 2 of 2
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated from the Street Improvements 2008 Fund.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
C2Q44 541200 207230129883
Fernando Costa (6122)
Greg Simmons (7862)
Patrick Buckley (2443)
Andy Anderson (8648)
ATTACHMENTS
1. 01296 JLB Contract Compliance.PDF (CFW Internal)
2. 200Id Decatur Location Map pdf (Public)
3. BID TAB _ OLD _DECATUR ROAD_xls (CFW Internal)
4. FAR0007.Q1296 Construction.PDF (CFW Internal)
$22672.830.57
http://apps.cfwnet.org/ecouncil/printmc.asp?id=1 4939&print=true&DocType=Print
6/29/2011