Memo Resolution Interlocal Agreement with Universal CityCITY COUNCIL MEMORANDUM /RESOLUTION
City Council Meeting:
Department:
September 16, 2008
Administration
Agenda No. 5
Subject: Interlocal Agreement — Interlocal Agreement with
City of Universal City for a portion of new
construction across the Cibolo Creek.
BACKGROUND
City Manager Don Taylor met with City Officials for the City of Universal City on entering into
an Interlocal Agreement for participation in a bridge construction project over the Cibolo Creek
at Aviation Drive. Project cost for Universal City would be $255,154.53, the City of Schertz is
responsible for the construction and oversight of the project; Universal City's role would be to
participate financially.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ:
That the City of Schertz agrees to enter into an Interlocal Agreement with the City of Universal
City providing for the City of Universal City to pay the City of Schertz the amount of
$255,154.53 for a portion of the cost of new construction across Cibolo Creek.
PASSED AND APPROVED at a regular meeting of the City Council
Texas this 16th day of September, 2008, at which meeting a quo
accordance with the provisions of V.T.C.A.; Government Code, §551.001
D
Hal Baldwin, Mayor
ATTEST:
Brenda Dennis, City Secretary
of the City of Schertz,
rum was present, held in
et seq.
AGREEMENT FOR IMPROVEMENTS TO BRIDGE
AND OTHER RELATED MATTERS
This Agreement is entered into on this the lG day of zJ , 2008, by and
between THE CITY OF UNIVERSAL CITY, STATE OF TEXAS, Acting by and through its City
Manager, hereinafter referred to as "First Party", and THE CITY OF SCHERTZ, STATE OF TEXAS,
Acting through its City Manager, hereinafter referred to as "Second Party', is as follows:
WITNESSETH: Whereas, a low water crossing and bridge are indicated in the attached
Exhibit "A ", which is incorporated herein for all purposes; and whereas it is not clear who now owns
it, and
WITNESSETH: Whereas, the Parties jointly desire and agree to pay for the construction of
a new low water crossing and bridge improvements at the area described on Exhibit "A" hereto; and
WITNESSETH: Whereas the Second Party, on or about the 20th day of April, 2008,
contracted for the construction of the low water crossing and bridge improvements described on
Exhibit "B" hereto and incorporated herein for all purposes; and
WITNESSETH: Whereas, it is the desire of the First Party and Second Partythat First Party
agrees to pay the Second Party the sum of $255,154.53 in accordance with Exhibit "C" hereto for
the cost of the low water crossing and bridge improvements located within the First Party's corporate
boundaries.
Now Therefore, the parties agree as follows:
1. It is Agreed that the parties jointly desire and agree to pay for the construction of
new low water crossing and bridge improvements at the area described in Exhibit
"A" attached hereto;
2. It is Agreed that on or about the 20th day of April, 2008, the Second Party contracted
for the construction of the low water crossing and bridge improvements described in
Exhibit "B" hereto;
3. It is Agreed that it is the desire of the First Party and Second Party that First Party
agrees to pay the Second Party the sum of $255,154.53 in accordance with the
Exhibit "C" hereto; and
4. It is Agreed that, upon completion of the low water crossing and bridge
improvements, each party shall own the portion of the low water crossing and bridge
improvements located within its corporate boundaries.
5. It is further agreed by the parties that should the project not be completed due to the
fault of the contractor or it becomes necessary to bring a suit against the contractor
for any purpose, each of the parties hereto shall be entitled to receive their pro -rata
share of the net proceeds collected.
6. This Agreement shall be binding upon the respective parties, their successors and
assigns and shall be performable in Bexar and Guadalupe County, Texas, and shall
be construed in conformance with the laws of the State of Texas.
Page -1-
In witness thereof, the Parties of these presents have executed this Agreement in the year
and day first above written.
FIRST PARTY: SECOND PARTY:
CITY OF UNIVERSAL CITY CITY OF SCHERTZ
BY: BY: -
City Mana er City Manager
Page -2-
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Project No. 08- PW- 09 -D -01
Drainage Bond Improvement Project of Aviation Low Water Crossing
CONTRACT
STATE OF TEXAS §
COUNTY OF GUADALUPE § KNOW ALL MEN BY THESE PRESENTS:
That this Agreement made and entered into this 25 day of _4 f2rt I , A.D.,
2008, by and between THE CITY OF SCHERTZ, COUNTY OF GUADALUPE,
STATE OF TEXAS, Acting through its Contracting Officer, First Party, hereinafter
termed the Owner and WINCO Contractors of the City of Schertz, State of Texas,
Second Party, hereinafter termed the Contractor.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned to be made and performed by said First Party, (Owner), the said
Second Party, (Contractor), hereby agrees with the First Party to commence and complete
the construction of certain improvements at the prices set forth in the Contractor's Proposal
for the City of Schertz Job No.08- PW- 09 -D -01, the same being designated as DRAINAGE
BOND IMPROVEMENT PROJECT OF AVIATION LOW WATER CROSSING,
respectively.
The Contractor shall perform all work shown on the Plans and described in the
Specifications and shall meet all requirements of this Agreement. The General and Special
Conditions of the Agreement and such Orders and Agreements for Extra Work as may
subsequently be entered by the above named parties to this Agreement.
The Contractor shall not offer, confer or agree to confer any benefit or gift to any
City of Schertz employee.
The Contractor hereby agrees to commence work under this Contract within seven
(7) days after issuance by the CITY of the written Authorization To Proceed. Under no
circumstances shall the work commence prior to the Contractor's receipt of the CITY's
issued, written Authorization To Proceed. Computation of Contract Time will begin upon
actual commencement of Work by the Contractor during the seven (7) calendar day period
referenced above, or upon the eighth (8th) calendar day (assuming the eighth day is a day
upon which Work may lawfully and Contractually be performed), whichever occurs first.
All work specified in these Contract Documents shall be completed within 200 calendar
days.
It is agreed and understood by the Owner and the Contractor that the provisions of
Article 2368a, Vernon's Annotated Civil Statutes of Texas apply to this contract. The
terms of the aforementioned state law are incorporated herein by reference. Contractor and
Owner Agree that as a public body, Owner is authorized by such state law to negotiate
change orders up to and including the amount of $25,000.00 acting by and through its duly
designated administrative officer. It is agreed and understood that any change orders which
increase the work of the contract in excess of 25% of the bid contract price, must be subject
of a supplemental agreement approved by the City Council of Schertz as in case of original
Contract Agreement City of Schertz
CA -1-
Exhibit "B"
(Page 1 of 4)
Project No, 08- PW- 09 -D -01
Drainage Bond Improvement Project of Aviation Low Water Crossing
contracts. The work of the contract may be decreased over 25% with the consent of the
Contractor.
The Owner agrees to pay the Contractor in current funds and to make payments on
account, for the performance of the work in accordance with the Contract, at the prices set
for in the Contractor's Proposal, subject to additions and deductions, all as provided in the
General Conditions of the Agreement.
The following documents, together with this Contract, comprise the Agreement and
they are as fully a part thereof as if herein repeated in full:
The Invitation to Bidders
The Instructions To Bidders
The Proposal
The Payment Bond
The Performance Bond
The General Conditions of the Contract
The Special Conditions of the Contract
The Construction Specifications
The Standard Drawings
Addenda
Change Orders
The Plans designated DRAINAGE BOND IMPROVEMENT PROJECT OF
AVIATION LOW WATER CROSSING, City of Schertz Project No. 08- PW- 09 -D -01
Sheets 1 -46 inclusive. "
In witness thereof of the Parties of these presents have executed this Agreement in
the Year and day of the first above written.
CITY OF SCHERTZ, OWNER
BY:
Citty anager
14cio
r Contractor'
TITLE: PMAJi2`
Contractor hereby acknowledges and understands that this Contract is subject to
Section 151.311 of the Texas Tax Code, as amended. The following amount of money
represents that part of the total contract price representative of value of tangible personal
property which is to be incorporated into the project realty or which is otherwise exempt
from taxation under Section 151.211 of said Code: $427,691.56.
Contract Agreement City of Schertz
CA-2-
Exhibit "B"
(Page 2 of 4)
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(Page 3 of 4)
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Exhibit "B"
(Page 4 of 4)
ITEM
NO. JITEM DESCRIPTION
W i NCO
APPROVED BI D
101 PREPARING RIGHT OF WAY
50%
$14,448.00
S 7,224.00
105 EXCAVATION (CHANNEL
50%
$8,550.00
S 4,175.00
200 FLEXIBLE BASE
34%
$17,374.00
5 5,907.16
354 PLANE ASPHALT CONCRETE PAVEMENT (2 IN-)
100%
$6,412.00
$ 6,412,00
432 STONE RIPRAPPROTECTION 18"
80%
$3,198.00
S 2,558.40
432 RB'RAP CONC)(5IN.)
509/6
$31,668.00
S 15,834.00
462 CONCRETE BOX CULVERT (10 FT X 8 FT)
50%
$102,348.96
S 51,174.48
506 ROCK FILTER DAMS (INSTALL) IT 1
509/6
$2,900.00
$ 1,450.00
REMOVE SMALL ROAD SIGN SUPPORT &
531_ ASSEMBLY
34%
$622.00
S 177.48
INSTALL SMALL ROAD SIGN SUPPORT &
531 ASSEMBLY
34%
$1,736.00
$ 590.24
622 WOOD POLES
0
$0.00
S
636 STREET LIGHT FIXTURES
0
$0.00
S
1502 MOBILIZATION
50%
$61,952.00
$ 15,976.00
1553 TRAFFIC CONTROL AND REGULATION
50%
$6,948.00
$ 3,474.00
1570 SEDIMENT CONTROL PENCE
50%
$600.60
S 300.30
2221 REMOVE CONC (RIPRAP) _
50%
$2,630.40
$4,076.40
S 1,315.20
2221 REMOVE CONC PAVE
50%
S 2,038.20
2221 REMOVE STRUCTURE (PIPE)
50%
$780,00
S 390.00
2315 EXCAVATION RDWY
50%
$2,982.40
S 1,491.20
2330 EMBANKMENT
34%
$30,870.40
S (0,495.94
2632 WINGWALL
5091.
$22,202.00,
S 11,101.00
2741 HOT MIX ASPHALT BASE COURSE
34%
$12,450.0015
4,233.00
2741 ASPHALTIC CONCRETE PAVEMENT (2 IN.}
34%
$23,760.00
S 8,078.40
2751 CONCRETE PAVMENT (8 ")
50%
$26,676.00
$ 13,338.00
2767 THERMOPLASTIC PAVE MRK (SLD)(4 ")(10
0
$1,984.60
$
2767 THERMOPLASTIC PAVE MRK iSLD)(49)(W)
0
$130.00'$
2767 THERMOPLASTIC PAVE MRK (SL 4" )(W
0
$338.001
S -
2767 THERMOPLASTIC PAVE MRK (word)
0
$1,148.00
$
2767 THERMOPLASTIC PAVE MRK (arrow)
0
$1,020.00
$
2771 CURB
201%
$26,040.00
S 5,208.00
2775 CONCRETE SIDEWALK
201/6
$10,752.00
$ 2,150.40
2911 TOPSOIL
34%
$7,346.80
S 2,497.57
2921 HYDRO MULCH SEEDING
345A
$3,264.80
S 1,110.03
2926 EROSION CONTROL MATTING
50%
$583.30
$ 291.65
TOTAL PROJECT BID $427,691.66 $ 189,091.85
ENGINEERING FEES WITH CHANGE ORDER
50°/0
$84,290.00
S 42,145.00
SURVEYING FEES
50%
$5,958.75
S 2,979.38
CONSTRUCTION MANAGEMENT
509 /.
$41,876.00
S 20938.00
TOTAL FEES $132,124.75 $ 66,062.38
TOTAL COST TO UNIVERSAL CITY $ 255,154.03
Exhibit "C"
Professional
EDGE
E n gi n eeri ngD esi gn G rou p
509 Main Street * Schertz * TX * 78154
Office 210- 945.0077 * Fax 210 - 566.5144
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