ORDER NO. 26839 APPROVAL OF INTERLOCAL AGREEMENT BETWEEN THE CITY OF KERRVILLE AND KERR COUNTY On this the 22nd day of January 2001, upon motion made by Commissioner Griffin, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, the inter local agreement between the city of kerrvill, and Kerr County regarding the construction of T-hangers at the Kerrville/Kerr County Municipal Airport and authorizing the County Judge to sign same COMMISSIONERS COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Larry Griffin OFFICE: Commissioner, Precinct 4 MEETING DATE: January 22.2001 SUBJECT: (PLEASE BE SPECIFIC) TIME PREFERRED: 1. Consider and discuss an Interlocal Agreement between Ken County and the City of Kerrville regarding construction of T-Hangazs at the Kerrville/Kerr County Municipal Airport and authorizing the County Judge to sign same. 2. Consider and discuss the process of transferring budgeted funds from Kerr County to the City of Kerrville during construction of the T-Hangars. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Megan Cafall City of Kerrville ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. The bids for the T-Hangars at the airport have been received and evaluated by the City of Kerrville. The winning bid came in slightly under budget. Megan Cafall will present an interlocal agreement for purposes of executing the contract for construction. We will also discuss how the transfer of our funds to the city can be phased, since it is not necessary that the funds be transferred all at once. Larry Griffin THE CIiV OF KERRVILLE, TEXAS January 15, 2001 The Honorable Judge Fred Henneke Kerr County Judge Kerr County Courthouse 700 Main Street Kemille, Texas 78028 RE: Agreement for Construction of T-Hangars at Kemille/Kerr County Municipal Airport Dear Judge Henneke: I have attached a copy of the drafted Agreement Between City of Kemille and County of Kerr, Texas Regarding Construction of T-Hangars at Kerrville/Kerr County Municipal Airport. Eight bids for the project were opened January 11, 2001, and the low bid by MPB Inc. in the amount of $345,961 includes $33,814 for the site work and preparation of paving subgrade which will be paid for out of the $40,000 TxDOT Routine Airport Maintenance Proj ect included in the airport budget. The city has paid $3,402.50 for engineering services for the bid plans and specifications, and $2,200 for geotechnical reports for the project. These are the costs referred to in Item 7.) "Reimbursement for Prior Expenses". I have asked that the bid award For the T-Hangar project be included on the city council agenda for January 23, 2001, but if the timing far completion of the agreement between city and county is premature I can ask to have the bid award moved forward to a future meeting. Please let me know if you need any further information or clarification. Thank you for your time and consideration, A~~~ Megan Caffall Airport Manager io 800 JUNCTION HIGHWAY •KERRVILLE, TEXAS 78028.5069 • 830/257-8000 BID TAB -_ --- --- -- -- - T-Hangar Storage Facility At Kerrville~Kerr County Municipa _irp ---- -- For Two Eight Unit T-Hangar Buildings - _ Name MPB Inc. _.___- G. Creek Incorp. Ilcor _ Steve Jenschke __ BraCCO Const. Co. Compton Enterprises. Pletz Construction Proposal 1 Alt Alt. Proposal 2 A P 1 s Base Bid -- Additive Alt. . op. P a d dd. Alt -- _ --- _ $345,961.00 $345,961.00 _-- N ___ -- _ -- 600.00 264 $ 361,800.00 _ $480,325.00 $6,000.00 _ 97,200 00 __ _ $ , --- 158.00 $372 265.00 $135 $236,893.00_ , N!e - - N/B -- __- , _ $403,891.60 $400,959.00_ _ $2,932.60 _ ___ --- 000.00 $410 288.00 $12 $205,000.00 $?05,000.00 , _ $475,172.00 _-- - , -$2,000.00 $435,975.00 _ $437,975.00 4 895.00 ____ $ ~ _ ___ __ - $508,436.68 __ $508,436.68 $6,803.40 ---- 8732.183.00 N/B $682,183;00 AGREEMENT BETWEEN CITY OF KERRVILLE AND COUNTY OF KERB, TEXAS REGARDING CONSTRUCTION OF T-HANGARS AT KERRVILLE/KERR COUNTY MUNCIPAL AIRPORT AGREEMENT; entered into this ~ day of January, 2001, by and between the City of Kemille, Texas, a Texas home rule municipality, acting by and through its duly elected City Council ("City") and the County of Kerr, a subdivision of the State of Texas, acting by and through its duly elected Commissioners Court ("County"). RECITALS WHEREAS, City and Countyjointly own the Kemille/Kerr County Municipal Airport; and WHEREAS, City and County desire that T-Hangazs be constructed at the Airport for the storage of transient and based aircraft; and WHEREAS, City, with the concurrence of County, has prepazed plans and specifications and received and opened bids relating to the construction of the above described T-hangars; and WHEREAS, on January 11, 2001, bids were received and opened for construction of the Project, with MPB, Inc., of Kerrville, Texas, submitting the lowest most responsible bid; and WHEREAS, City and County find that it is desirable to enter an agreement regarding the relationship of the parties with respect to the funding, construction, and post-construction management of the Project; NOW, THEREFORE, for and in consideration of the promises made one to the other herein, City and County agree as follows: 1. "Project" Defined: For purposes of this Agreement, the word "Project" shall mean the construction of T-hangass at the Kemille/Kerr County Municipal Airport substantially in accordance with the plans and specifications approved by the City on November 28, 2000, pursuant to City of Kerrville, Texas Resolution No 169-2000 ("the Plans"), and all associated site work, engineering, surveying, soil testing, and construction management. 2. County RatiTication of_ Previous City Actions: County hereby ratifies and affirms as the acts of the County the acts of the City, its officers and employees with respect to the prepazation of the Plans and the advertisement and solicitation of bids with respect to the Project. 3. Authorization of City_ to Act on Behalf of County Regarding the Project: Pursuant to this Agreement, County hereby agrees that City is authorized to act on behalf of the County with respect to all of the following matters: A. Subject to Section 4, below, City shall be authorized to execute one or more contracts for the construction of the Project; B. Approve all change orders except change orders that increase the cost of the County's share of the Project to more than $160,000.00; C. Approve all payments to the contractor(s) hired to construct the Project; and D. After completion of construction of the T-hangazs, enter into rental agreements for individual T-hangar spaces pursuant to a rent schedule approved by City and County. 4. Award of Construction Contract: County hereby agrees and authorizes City to award the construction contract for the Project to MPB, Inc., of Kerrville, Texas, in the original amount of $345,96L00 as set forth in its bid proposed dated January Il, 2001, ("the Project Contract") which bid proposal is on file in the Office of the City Clerk of the City of Kerrville, referenced by date of this agreement, and incorporated herein by reference. 5. Funding of Project: City and County acknowledge and represent that they have identified current funds in their fiscal year 2000-2001 budgets to fund the construction of the Project. City and County shall each pay one-half of the cost of the construction of the T-hangars not to exceed the amount of $160,000.00, exclusive of portions of the Project paid from federal or state funds. The balance of the cost of the Project shall be paid with funds in the City's Airport Fund and budgeted for such purposes or from state or federal grant funds that may be spent for performance of elements of the Project. 6. Payment of Funds by County to City; Establishment of Project Fund: Not later than three (3) business days after receiving written request from the City, County agrees to pay to City one half of the amount approved by City for payment, not to exceed the aggregate amount of $160,000.00. County agrees that City may deposit and intermingle said funds with the funds of the City. City agrees to separately account for the funds received from the County pursuant to this Section 6 so that expenditures of said funds may be readily identifiable. City agrees that the funds received from County shall be used only for the design, bidding, and construction of the Project. 7. Reimbursement for Prior.Ezpenges: County agrees that City may reimburse itself in the amount of $2,801.25 from the funds paid by County to City pursuant to Section 6, above, which amount represents one-half of the engineering and soil testing costs incurred in relation to the Project prior to the execution of this Agreement. 8. Rent Revenue Received for T-Hangars: City and County agree that the revenue received from the leasing of the T-hangazs constructed pursuant to the Project shall become airport revenues and shall be separately accounted for in the Airport Fund. 9. Marketing of T-Hangars: After completion of construction, City agrees to use reasonable efforts to mazket the T-hangars for rent; provided, however, County agrees that City has made no warranty to County regarding the percentage of occupancy or annual revenue to be generated each yeaz from the rental of the T-hangazs. County further agrees that City shall not be liable to County for any speciSc level of occupancy or the generation of an amount of revenue. T-HANGAR CONSTRUCTION AGREEMENT BETWEEN THF, CITY OF KERRVn.LE AND KERB COUNTY -PAGE 2 OF 4 10. Title to T-Hangars:_ County and City shall each hold aone-half undivided interest in the title to the T-hangars after completion and acceptance of the Project. 11. Interlocal Co~eration Act: County and City warrant and represent to each other that: a. activities that are the subject matter of this Agreement can be legally performed by either parry hereto; and b. it would be more efficient to allow the City to constmct, operate, and maintain the T- hangazs; and c. the parties have received a fair consideration for the benefits granted to the other as part of this agreement. 12. Force Majeure. If for any reason of Force Majeure, either the City or County shall be rendered unable, wholly or in part, to cazry out its obligations under this Agreement, other than the obligation of County and the City to make the payments required under the terms of this Agreement, then if the Party shall give notice of the reasons in writing to the other Party within a reasonable time after the occurrence of the event, or cause relied on, the obligation of the Party giving the notice, so far as it is affected by the Force Majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period. The term "Force Majeure" as used in this Agreement shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders or actions of any kind of government of the United States or of the State of Texas, or any civil or military authority, insurrections, riots, epidemics, land slides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of govemment and people, civil disturbances, explosions, breakage or accident to dams, machinery, pipelines, canals, or other structures, or any other cause not reasonably within the control of the Party claiming the inability 13. Non-Assignability. Neither Party may assign this Agreement without the written consent of the other Party. 14. Sole Agreement. This Agreement constitutes the sole and only agreement of County and City and supersedes any prior understanding or oral or written agreements between the City and County respecting the subject matter of this Agreement. 15. Severabilt~. The provisions of this Agreement are severable and if, for any reasons, any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality br unenforceability shall not affect any other provision of this Agreement and this Agreement shall remain in effect and be constmed as if the invalid, illegal or unenforceable provision had never been contained in this Agreement. 16. Captions. The sections and captions contained herein are for convenience and reference only and are not intended to define, extend or limit any provision of this Agreement. T-HANGAR CONSTRUCTION AGREEMENT BETWEEN THF. CITV OF KF.RRVILLF. AND KF.RR COIINTV - PAC.F, $ OF 4 17. No Third Party Beneficiaries. This Agreement does not create any third party benefits to any person or entity other than the signatories hereto, and is solely for the consideration herein expressed and no existing or potential T-hangar tenant shall have any right, title or interest in and to this Agreement. 18. Notices. All notices, payments and communication ("notices") required or allowed by this Agreement shall be in writing and be given by depositing the notice in the United States mail postpaid and registered or certified, with return receipt requested, and addressed to the Party to be notified. Notice deposited in the mail in the previously described manner shall be conclusively deemed to be effective from and after the expiration of three (3) days after the notice is deposed in the mail. For purposes of notice, the addresses of and the designated representative for receipt of notice for each of the parties shall be as follows: City of Kemille Attention: City Manager 800 Junction Hwy Kemille, Texas 78028 County of Kerr Attention: County Judge 700 Main Street Kerrville, Texas 78028 19. Open Records. All books and records pertaining to this Agreement shall be open and available for copying, inspection, and audit by the City and County. AGREED AND EFFECTIVE on this Z ~_ day of January, 2001. CITY OF KERRVILL COUNTY OF KERB By: B Steph n P ine, Mayor Fre Brick L. Henneke, County Judge ATTEST: ~:%'llo. Sheil La Brand, City erk ATTEST: annettt PiPieper, County Clerk APPROVED AS TO FORM: ~~~~ Kevin B. Laughlin, City Attorney T-HANGAR CONSTRUCTION AGREEMENT BETWEEN THE CITY OF KERRVILLF. AND KERB COLNTY - PAGE ~ OF 4