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HomeMy WebLinkAboutContract 47831 `ECEIVEEb MAY 9� pls CITY SECRETARY 'Q�'FaRr ir„ CONTRACT NO. THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This Interlocal Agreement is between Tarrant County, Texas ("COUNTY"), and the City of Fort Worth ("CITY"). WHEREAS, the CITY is requesting the COUNTY's assistance to: • Rehabilitate and Resurface Keller Haslet Road located within the City of Fort Worth from Park Vista Boulevard to the Union Pacific Railroad (approximately 4,275 linear feet). • Rehabilitate and Resurface Keller Hicks Road located within the City of Fort Worth: (1) from Park Vista Boulevard to Katy Road (approximately 5,155 linear feet); and (2) from IH 35W to Harmon Road (west) (approximately 2,894 linear feet). Collectively, hereinafter referred to as the "Project". WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code provides legal authority for the parties to enter into this Agreement; and WHEREAS, during the performance of the governmental functions and the payment for the performance of those governmental functions under this Agreement, the parties will make the performance and payment from current revenues legally available to that party; and WHEREAS, the Commissioners Court of the COUNTY and the City Council of the CITY each make the following findings: a. This Agreement serves the common interests of both parties; b. This Agreement will benefit the public; C. The division of costs fairly compensates both parties to this Agreement; and d. The CITY and the COUNTY have authorized their representative to sign this Agreement. NOW, THEREFORE, the COUNTY and the CITY agree as follows: rOFFICIAL,REC®R®SECRETAIRY TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project: • Keller Haslet Road: The COUNTY will reclaim the existing roadbed materials, compact and shape the recycled materials into a temporary road surface. The CITY will then remove approximately 3 inches of excess road base material. Following the removal activities, the COUNTY will stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. • Keller Hicks Road (1): The COUNTY will reclaim the existing roadbed materials, compact and shape the recycled materials into a temporary road surface. The CITY will then remove approximately 3 inches of excess road base material. Following the removal activities, the COUNTY will stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. • Keller Hicks Road (2): The COUNTY will reclaim the existing roadbed materials, remove approximately 3 inches of excess road base material, stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. 1.1 The COUNTY will furnish and pay for one half of the actual cost of the materials, including any delivery or freight cost for the Keller Hicks Road (2) portion of the project. 2 1.2 The COUNTY will be responsible for all traffic control required for the Keller Hicks Road (2) portion of the project. This responsibility includes all advance notices, signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site. 1.3The COUNTY will be responsible for providing the permanent striping required.for the Keller Hicks Road (2) portion of the project. 2. CITY RESPONSIBILITY 2.1 CITY will provide up to $834,988 for material cost and related expenses for the Project as follows: a) CITY will furnish and pay for the actual cost of the materials, including any delivery or freight cost, for the Project (excluding one half of the materials for Keller Hicks Road (2)). The CITY will provide the COUNTY with a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the CITY for incidental material cost not supplied by the CITY at the completion of this Project. (Estimated Material Cost not to exceed: $638,787). b) CITY will pay one-half of the COUNTY'S fuel cost incurred for the Project. The COUNTY will invoice the CITY for one-half of the cost of the fuel consumed for construction purposes at the completion of the Project. If the COUNTY has begun work on the Project but the work has not been completed at the termination of this Agreement, the CITY is still obligated to pay its share of the COUNTY's fuel cost incurred for the Project up to the date of termination of this Agreement. (Estimated Fuel Cost not to exceed $16,774). c) CITY will be responsible for arranging or reimbursing the County for all traffic control required for the Project (except for Keller Hicks (2)). This responsibility includes all advance notices, signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site. Traffic control measures will be billed at the actual labor cost plus 10% for use of the traffic control devices (Estimated Cost up to $73,508). 3 d) CITY will reimburse the COUNTY for temporary tabs and permanent striping. (Estimated Cost up to $1,504). e) CITY will be responsible for and provide removal (milling) of the excess road base materials from Keller Haslet Road and Keller Hicks Road (1). (Estimated Cost up to $51,135). D CITY will be responsible for and provide portable temporary message boards to supplement traffic control as needed. (Estimated Cost up to $48,000). g) CITY will reimburse the COUNTY for actual cost of any overtime hours the CITY requires the COUNTY to provide watering the roadway for dust control after regular work hours. (Estimated Cost up to $5,280). 2.2 CITY will adjust all utilities, manholes and valve boxes necessary to construct any and all parts of this Project. 2.3 CITY will furnish all rights of way, plan specifications, engineering drawings, survey, and laboratory testing required for construction of any and all parts of this Project. 2.4 CITY will furnish a dump site within close proximity to the Project for the COUNTY to dump all spoils and waste materials generated during construction of this Project. 2.5 CITY will provide the COUNTY with a hydrant meter and all water necessary for construction of any and all parts of the Project at no cost to the COUNTY. 2.6 If a Storm Water Pollution Prevention Plan is required, the CITY will be responsible for the design and development of the Plan. CITY will pay for all cost (including subcontractor materials, labor and equipment) associated with the implementation and maintenance of the Plan. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this Project. 4 If the CITY has a complaint regarding the construction of the project, the CITY must complain in writing to the COUNTY no later than 30 days of the date of project completion. Upon expiration of 30 days after project completion, the CITY will be solely responsible for maintenance and repairs of the Project. 4. NO WAIVER OF IMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This Agreement does not waive CITY rights under a legal theory of sovereign or governmental immunity. 5. OPTIONAL SERVICES 5.1 The CITY may elect to sub-contract material removal to a milling contractor to expedite construction, improve safety, and lessen delays and inconvenience to the public. The CITY will provide the COUNTY with a purchase order for this service and will be billed directly by the service provider. 5.2 If requested by the CITY, the COUNTY will apply permanent striping coordinated through the Transportation Department. Application of striping by the COUNTY is limited to Project roadways. If the CITY desires permanent striping applied to any roadways or portions of roadways not covered by this Agreement, the CITY will need to enter into a separate agreement with the COUNTY for the provision of those services. 6. TIME PERIOD FOR COMPLETION The CITY will give the COUNTY notice to proceed at the appropriate time. However, the COUNTY is under no duty to commence construction at any particular time. There is no deadline for completion of the Project. 7. THIRD PARTY The parties do not enter into this Agreement to protect any specific third party. The intent of this Agreement excludes the idea of a suit by a third party beneficiary. The parties to this Agreement do not consent to the waiver of sovereign immunity under Texas law to the extent any party may have immunity under Texas law. 5 8. JOINT VENTURE & AGENCY The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 9. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 10. TERMINATION OF AGREEMENT This Agreement will automatically terminate upon completion of the Project or one year from the date of this agreement, whichever occurs first. This Agreement may be renewed prior to its expiration upon the mutual consent of the parties in writing. 11. DISCLOSURE The CITY acknowledges that it is a "governmental entity" and not a "business entity" as those terms are defined in Tex. Gov't Code § 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov't Code Section 2252.908 is required. I 6 TARRANT COUNTY, TEXAS CITY OF FORT WORTH PC B. Glen Whitley Jesus J. Chapa COUNTYJUDGE ASSISTANT CITY MANAGER Date: Date: Gary Fick9s Douglas' . Wiersig, P.E. COMMISSIONER, PRECINCT 3 DIRECTOR, T/PW DEPART ENT �0000a°o° Attest: Attest:. ° ° 1 cb I61Score fayl-J 'AS APPRO DTO FORM* APPROVED AS TO FORM AND LEGALITY w+c- C - 2}*lz Criminal District Attor ce* Douglas W7131ack Assistant City Attorney * By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. OFRECORD CITY SECRETARY FT.WORTH,TX 7 Approval of a Project for an Interlocal Agreement Between Tarrant County,Texas and City of Fort Worth Tarrant County, Texas, acting by and through the Tarrant County Commissioners Court, has been advised of the following described Project involving the construction, improvement, or repair of a building, road or other facility. In accordance with Texas Government Code § 791.014, Tarrant County hereby gives its specific written approval for the Project prior to the Project beginning. The Project information is as follows: PROJECT and LOCATION: • Rehabilitate and Resurface Keller Haslet Road from Park Vista Boulevard to the Union Pacific Railroad (approximately 4,275 linear feet) located within the City of Fort Worth and Tarrant County Commissioner Precinct#3. • Rehabilitate and Resurface Keller Hicks Road from (1) from Park Vista Boulevard to Katy Road (approximately 5,155 linear feet); and (2) from IH 35W to Harmon Road (west) (approximately 2,894 linear feet) located within the City of Fort Worth and Tarrant County Commissioner Precinct #3. The local governments that have requested the Project and with whom the Interlocal Agreement is by and between are Tarrant County, Texas, and the City of Fort Worth, Texas. By vote on the date below, the Tarrant County Commissioners Court has approved the Project identified above and authorized execution of this document by the presiding officer of the Tarrant County Commissioners Court. Date: Mom ablu By: Mf�V—''IA� Presiding Officer of the Tarrant County Commissioners Cou M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTTII COUNCIL ACTION: Approved on 5/10/2016 REFERENCE ** 20INTERLOCAL AGREEMENT DATE: 5/10/2016 NO.: C-27712 LOG NAME: KELLER HICKS & KELLER HASLET ROAD CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County for Rehabilitation of Keller Haslet Road from Park Vista Boulevard to the Union Pacific Railroad, Keller Hicks Road from Park Vista Boulevard to Katy Road and Keller Hicks Road from IH-35W to Harmon Road with City Participation in the Amount of$834,988.00 (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an Interlocal Agreement with Tarrant County for rehabilitation of Keller Haslet Road from Park Vista Boulevard to the Union Pacific Railroad, Keller Hicks Road from Park Vista Boulevard to Katy Road and Keller Hicks Road from IH-35W to Harmon Road with City participation in the amount of $834,988.00 which includes furnishing necessary materials, traffic control and other incidentals; and 2. Authorize transfer of funds from the Contract Street Maintenance Project(P00020) and the Street Maintenance Project(P00022) to the Interlocal Agreement for Keller Haslet Project. DISCUSSION: In the Fiscal Year 2016 General Capital Projects Program, various types of street maintenance techniques are grouped into specific contract packages, including Interlocal Agreements with other governmental entities. Tarrant County has agreed to enter into an Interlocal Agreement for the rehabilitation of Keller Haslet Road from Park Vista Boulevard to the Union Pacific Railroad, Keller Hicks Road from Park Vista Boulevard to Katy Road and Keller Hicks Road from IH-35W to Harmon Road with City participation in the amount of $834,988.00 (City Project No. 100320). Description Amount Design $ 0.00 Construction Material,Traffic Control and Incidentals $834,988.00 Project Management/Inspection/Contingencies, Etc. $ 0.00 Total Project Budget $834,988.00 Construction for this project is to start approximately June, 2016 with a completion date of approximately July, 2016. Upon completion of the project there is no anticipated impact on the operating fund. Funding is available in the General Capital Projects Fund. Keller Hicks Road and Keller Haslet Road are through City streets with main access to freeways and major arterial streets being within unincorporated Tarrant County. Under the Agreement, Tarrant County will provide all necessary labor and equipment to perform this work and the City agrees to pay for the cost of materials, traffic controls and other incidentals. Additionally, the City agrees to closing the road to through traffic for the duration of the project or as deemed necessary by Tarrant County. http://apps.cfwnet.org/council_packet/mc review.asp?ID=22212&councildate=5/10/2016 5/26/2016 M&C Review Page 2 of 2 This project is located in COUNCIL DISTRICT 7, Mapsco 9W, 21 F and 22M. This contract will be with a governmental entity, state agency or public institution of higher education: Tarrant County. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the General Capital Projects Fund. Description 11 Appropriations to Pending ProjectsIF Remaining Date --][—Assigned to Date Balance 20 Contract Street Maintenance Programmable $11,703,900.00 $1,676,448.00 $10,027,452.00 Project--General Capital Projects Fund 22 Street Maintenance $ 750,000.00 $ 750,000.00 $ 0.00 TO Fund Department Account Project Program Activity Budget Reference# Amount j ID I ID I Year (Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID Year Chartfield 2 301001 0200431 5610510 100376 006280 2016 $750,000.00 301001 _ 0200431 5610510 100320 006280 2016 $84,988.00 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Richard Martinez (7914) Riad Nusrallah (2729) ATTACHMENTS Map ILA Keller Haslet Rd. Keller Hicks.pdf http://apps.cf\vnet.org/council_packet/mc_review.asp?ID=22212&councildate=5/10/2016 5/26/2016