HomeMy WebLinkAboutContract 43133STATE OF TEXAS
COUNTY OF TARRANT
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INTERLOCAL AGREEMENT
CRY SECRETARY
CONTRACT NO.
This Agreement is between the FORT WORTH TRANSPORTATION
AUTHORITY ("The T "), acting herein by and through its duly authorized
President/Executive Director, and the CITY OF FORT WORTH ( "City "), acting herein by
and through its duly authorized Assistant City Manager, both entities in Tarrant County,
Texas.
WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code; and
WHEREAS, the party or parties paying for the performance of governmental
functions or services shall make payments therefore from current revenues budgeted for and
lawfully available to the paying party; and
WHEREAS, the governing bodies of the parties find that the project or undertaking
is necessary for the benefit of the public and that each party has the legal authority to build
or maintain a project of this nature or to provide such service, and the construction and
improvement thereof are in the common interest of both parties; and
WHEREAS, the division of costs provided for constitutes adequate consideration to
each party; and
WHEREAS, the Project consists of design, bidding services, and construction
related to the retrofitting of bus passenger landings /loading platforms along West Berry
Street between Greene Avenue and Merida Street.
NOW. THEREFORE. it is agreed by the parties:
1. The City will provide oversight and management of the design and construction
contracts and processes for the Project. to include forwarding to The T at all
regular plan submittal dates, the design for review and approval of the passenger
landings components.
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CITY SECRETARY
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2. The T will provide funding to the City in a an amount not to exceed $7,810.00 for
the design and bidding services related to the new passenger landings along West
Berry Street between Greene Avenue and Merida Street.
3. The Twill provide the City funding in the amount of $3,373.00 for the construction
of the improvements necessary to complete the installation of the passenger landings
along West Berry Street between Greene Avenue and Merida Street.
By entering into this Agreement, the parties do not create any obligations express or
implied other than those set forth herein and this Agreement shall not create any rights of
parties not signatories hereto.
This Agreement does not waive The T's rights under a legal theory of sovereign
or governmental immunity. This Agreement does not waive the City's rights under a
legal theory of sovereign or governmental immunity.
Nothing contained in this Agreement is intended by the parties to create a
partnership or joint venture between the parties and any implication to the contrary is hereby
expressly disavowed. It is understood and agreed that this Agreement does not create a joint
enterprise, nor does it appoint any parry as an agent of any other parry, for any purpose
whatsoever.
This Agreement shall terminate automatically upon the completion of the Project.
This Agreement is effective upon the date written by the last party to sign.
Signature Page to Follow
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FORT WORTH TRANSPORTATION
AUTHORITY:
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Richar . Ruddell
President/Executive Director
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Date:
APPROVED AS TO FORM AND LEGALITY:
S via M. Hartless
General Counsel
CITY OF FORT WORTH:
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Fernando Costa
Assistant City Manager
Date:
Wandle nded or Approval:
irector, Panning
and Development Department
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Date: 3- 4 -tz
Douglas W. Black
Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/20/2012 — Ordinance No. 20117 -03 -2012
DATE: Tuesday, March 20, 2012 REFERENCE NO.: C -25503
LOG NAME: 06WESTBERRYSTREETSCAPE
Si 1B.IECT:
Authorize Execution of a Contract with McClendon Construction Company, Inc., in the Amount of
$1,980,373.85 for the Second Phase of the West Berry Streetscape Improvements Project from Waits Avenue
to West of University Drive, Authorize Execution of an Interlocal Agreement with the Fort Worth
Transportation Authority, Authorize the Acceptance of a Contribution from the Fort Worth Transportation
Authority in the Amount of $11,183.00 for the West Berry Transit Stop Retrofits, Amend M &C G -15992 to
Reduce TCU's In —Kind Contribution and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a contract with McClendon Construction Company, Inc., in the amount of
$1,980,373.85 for the Second Phase of the West Berry Streetscape Improvements Project from Waits Avenue
to just west of University Drive contingent upon receipt of the West Berry—Grand Marc Sustainable
Development grant reimbursement per M &C G- 15244;
2. Authorize the execution of an Interlocal Agreement with the Fort Worth Transportation Authority
outlining funding, project design, bidding services and construction responsibilities for new transit passenger
landings along West Berry Street;
3. Authorize acceptance of an $11,183.00 non —grant contribution from the Fort Worth Transportation
Authority for this second phase of the West Berry Streetscape Improvements Project;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants
Fund in the amount of $11,183.00 from increased revenues for this second phase of the West Berry
Streetscape Improvement Project; and
5. Amend M &C G -15992 to reduce Texas Christian University's local match in kind contribution amount by
$139,101.00, rescind estimated receipts and appropriations as approved in recommendation No. 1 of M &C
G- 15992, and maintain their monetary funds contribution towards the local match.
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Background and Project Scope
On June 20, 2006, (M &C G- 15244) City Council authorized execution of an Interlocal Agreement with the
North Central Texas Council of Governments (NCTCOG) for receipt of a Sustainable Development Project
Grant for the West Berry Streetscape [ mprovements Project (Project) in the amount of S2.400J)06.00 with a
required 20 percent local match of $4OO.000.00.
This Mayor and Council Communication recommends award of contract for the second phase of
construction, which consists of the following improvements: narrowing and reconstructing West Berry Street
between Waits Avenue (the western terminus of the initial phase of the Project) to just west of, and including
the intersection with University Drive, installing bulb —outs and on— street parking and constructing new
sidewalks and medians with concrete paver accents, enhanced crosswalks, roadway and pedestrian lighting,
street furniture, street trees and landscaping.
Funding Allocations
West Berry Streetscape Improvements Construction Cost Estimate:
Streetscape Construction $ 1,902,297.65
Traffic Signal $ 74,703.20
Passenger Landing Retrofits $ 3,373.00
Inspection, Survey, Material Testing, etc. $ 216,487.39
Construction Management $ 77,264.00
10 Percent Contingency $ 198.037.39
Total $ 2,472,162.63
The $1,902,297.65 second phase West Berry Streetscape Improvements construction is funded by the
original NCTCOG Sustainable Development Program grant administered by the City. The $74,703.20 traffic
signal costs are funded by a Regional Transportation Commission Local Air Quality grant from NCTCOG as
discussed in M &C C- 22903.
Additional funding for the retrofitting of transit passenger landings along West Berry Street will be provided
by the Fort Worth Transportation Authority (The T).
The total estimated City cost of inspection, survey, material testing, is $216,487.39 construction
management, $77,264.00 and a 10 percent contingency of $198,037.39 for a total of $491,788.78 is funded
by the 2004 Capital Improvement Program New Development Fund.
The annual budget impact for Parks and Community Services Department maintenance is estimated to be
minimal, as Texas Christian University has agreed to maintain the new landscaping work as they have done
on the previous phase of the Project.
During the design of the second phase of the Project, The T requested a retrofit for transit passenger landing
improvements associated with the previous completed phase of Streetscape improvements along West Berry
(Waits Avenue to Forest Park Boulevard) completed in 2008. The T has committed to provide funding for
design, bidding services, and construction in the amount of $11,183.00 for new passenger landings along
West Berry between Greene Avenue and Merida Street on this next phase of the Project.
Upon approval of this Mayor and Council Communication (M &C), City Staff will work with The T to
execute an inter —local Agreement defining the agency responsibilities and expenses related to this project.
As part of the required local match for the Sustainable Development Project grant, City Council authorized
the acceptance of $139,101.00 as an in —kind contribution and $60,369.00 in monetary funds from Texas
Christian University (TCU), (M &C G- 15992). TCU completed all work associated with their $139,101.00
in —kind improvements within the public ROW in front of the TCU Barnes and Noble Bookstore, but it was
later determined by NCTCOG that the work could not be counted towards the in —kind requirement as the
project was not eligihle under the grant guidelines.
The $60,369.00 in monetary funds from TCU will still he used as part of the local match with the remaining
$139. 101 .00 heing covered by the Citv's contrihution from the 2004 Capital lmprovement Program New
Development Fund, also authorized under the aforementioned M &C.
Contractor Selection and MIWBE Compliance
The project was advertised on November 10, 2011 and November 17, 2011, in the Fort Worth
Star — Telegram.
On December 15, 2011, the following bids for construction and traffic signal installation were received:
McClendon Construction Company, Inc.
$1,980,373.85
The Fain Group, Inc.
$1,980,625.61
CPS Civil, LLC
$1,998,856.00
Ed A. Wilson, Inc.
$2,343,728.00
AUI Contractors, LLC
$2,475,581.84
McClendon Construction Company, Inc., is in compliance with the City's M/WBE Ordinance by committing
to 22 percent M/WBE participation and documenting good faith effort. McClendon Construction Company,
Inc., identified several subcontracting opportunities. However, the M/WBEs contacted in the areas identified
did not respond or did not submit the lowest bids. The City's goal on this project is 25 percent.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION:
The Financial Management Services Director certifies that upon approval of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as
appropriated, of the Grants Capital Project Fund and the Grants Fund.
FUND CENT ,RS:
TO Fund/Account/Centers FROM Fund /Account /Center
3.4) GR76 451411 00620 110800 $11.183.00 1) GR76 541200 006203110800 $1.905.670.95
3 4) GR76 541200 006203110800 $11.183.00 1) GR74 541200 020203257800 $74,703.20
5) GR76 488339 006 031 10000 $139.101.00
5) GR76 541110 00620 110000 $139.101.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Arty Wheaton— Rodriguez (7373)
ATTACHMENT
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