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HomeMy WebLinkAboutContract 48564 CITY SECRETARYLj q�D 4 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 Singleton Drive located within the City of Fort Worth from Willow Springs Road to Cul-de-Sac (approximately 2,422 linear feet). Rehabilitate and Resurface Wagley Robertson Road located within the City of Fort Worth: (1) from Saginaw City Limits to approximately 265 feet South of Ranch Road (approximately 1,026 linear feet located within Precinct 4); (2) from approximately 780 feet North of Chastien Court to approximately 850 feet South of Prairie Clover Trail South (approximately 1,746 linear feet); and (3) from approximately 440 feet North of Coneflower Trail to approximately 740 feet South of Creek Hollow Lane (approximately 3,434 linear feet). • Rehabilitate and Resurface Harmon Road located within the City of Fort Worth: (1) from US 287 Roundabout to Heritage Trace Parkway (approximately 4,755 linear feet); (2) from Bonds Ranch Road to Golden Heights Road (approximately 2,484 linear feet); and (3) from Golden Heights Road to Golden Triangle Boulevard (approximately 754 linear feet). (Partial Tarrant County) • Rehabilitate and Resurface Golden Heights Road located within the City of Fort Worth from Harmon Road (West) to Harmon Road (East) (approximately 2,675 linear feet). (Partial Tarrant County). • Rehabilitate, Widen, and Resurface Willow Springs Road located within the City of Fort Worth from approximately 1,850 feet north of Highland Springs Road to 425 feet North to Concrete Pavement (approximately 425 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 O"ICTAL RECORD 1 CITY SECRETARY FT.WORTH,TX 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; G. 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: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project: • Singleton Drive: Following milling and removal of the excess materials by the CITY, 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. • Wagley Robertson Road (Sections 1, 2 and 3): Following milling and removal of the excess materials by the CITY, 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. • Harmon Road (Sections 1, 2 and 3): Following milling and removal of the excess materials by the CITY, 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. 2 • Golden Heights Road: Following milling and removal of the excess materials by the CITY, 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. • Willow Springs Road: The County will reclaim and remove excess materials, stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place six 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 sixty-two percent of the actual cost of the materials and milling for the Golden Heights Road portion of the project. 1.2The COUNTY will furnish and pay for seven percent of the actual cost of the materials and milling for the Harmon (3) portion of the project. 1.3 The COUNTY will be responsible for all traffic control required for the Golden Heights Road and Harmon (3) 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. 1.4The COUNTY will be responsible for providing the permanent striping required for the Golden Heights Road and Harmon (3) portion of the project. 2. CITY RESPONSIBILITY 2.1 The CITY will provide up to $1,294,849 for material cost and related expenses for the Project as follows: a) The CITY will furnish and pay for the actual cost of the materials, including any delivery or freight cost, for the Project (excluding partial quantities as noted in paragraphs 1.2 and 1.3 in Terms and Conditions for Golden Heights and Harmon Road (3). 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: $1,072,633). 3 b) The CITY will pay one-half of the COUNTY'S fuel cost incurred for the Project (except for Golden Heights and Harmon Road (3)). 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 $12,485). c) The CITY will be responsible for arranging or reimbursing the County for all traffic control required for the Project (except for Golden Heights and Harmon Road (3)). 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 provided by the COUNTY will be billed at the actual labor cost plus 10% for use of the traffic control devices (Estimated Cost up to $63,162). d) The CITY will reimburse the COUNTY for temporary tabs and permanent striping. (Estimated Cost up to $2,213). e) The CITY will be responsible for and provide removal (milling) of the excess road base materials for the project (exempt milling cost will be prorated as set forth in paragraph 1.2 and 1.3 in the Terms and Conditions on Golden Heights and Harmon Road (3)). (Estimated Cost up to $109,431). D The CITY will be responsible for and provide portable temporary message boards to supplement traffic control as needed. (Estimated Cost up to $22,275). g) The 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 $12,650). 2.2 The CITY will adjust all utilities, manholes and valve boxes necessary to construct any and all parts of this Project. 2.3 The 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. 4 2.4 The 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 The 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 The COUNTY retains the right to inspect and reject all materials provided for this Project. 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. 5 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 This contract shall not be interpreted to inure to the benefit of a third party not a party to this contract. This contract may not be interpreted to waive any statutory or common law defense, immunity, including governmental and sovereign immunity, or any limitation of liability, responsibility, or damage of any party to this contract, party's agent, or party's employee, otherwise provided by law. 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 on either September 30, 2017 or on the date the project is completed, whichever occurs first. Notwithstanding the foregoing, or any other language to the contrary, either party may terminate this Agreement without cause upon thirty (30) days' written notice to the other party prior to the intended date of termination. In the event of termination by either party, neither party shall have any further obligations to the other party under this Agreement, except that the CITY remains liable to the COUNTY for any outstanding invoice for materials that the COUNTY provides for the project, if any. 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. 6 TARRANT COUNTY, TEXAS CITY OF FORT WORTH B. Glen Whitley Jesus J. Chapa COUNTY JUDGE ASSISTANT CITY MANAGER Date: est Date: "'A —A X I bu 1") L) ary ides Tov%ualip '90n Dougla W. Wiersig, P.E. COMMISSIONER, PREC CT 1 DIRE OR, T/PW DEPA MENT W �O QOOOQUQi!1 J. . Johnson Jan,-ta10 ®©° COMMISSIONER, PRECI CT 4 ° ° Attest: Attes . A S A,� I W-G v� S• f L/ C,1-N S(( re to,-Lt APPR S TO FORM* APPROVED AS TO FORM AND LEGALITY Criminal bistrict Attorney's Office* Douglas W. Black j'&hvAot lV� ap17 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. OFFICIAL RECORD CITY SECRETARY 7 FT.WORTH,TX 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 Singleton Drive located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from Willow Springs Road to Cul-de-Sac (approximately 2,422 linear feet). • Rehabilitate and Resurface Wagley Robertson Road located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 and Precinct #4 : (1) from Saginaw City Limits to approximately 265 feet South of Ranch Road (approximately 1,026 linear feet located within Precinct 4); (2) from approximately 780 feet North of Chastien Court to approximately 850 feet South of Prairie Clover Trail South (approximately 1,746 linear feet); and (3) from approximately 440 feet North of Coneflower Trail to approximately 740 feet South of Creek Hollow Lane (approximately 3,434 linear feet). • Rehabilitate and Resurface Harmon Road located within the City of Fort Worth and Tarrant County Commissioner Precinct #3: (1) from US 287 Roundabout to Heritage Trace Parkway (approximately 4,755 linear feet); (2) from Bonds Ranch Road to Golden Heights Road (approximately 2,484 linear feet); and (3) from Golden Heights Road to Golden Triangle Boulevard (approximately 754 linear feet). (Partial Tarrant County) • Rehabilitate and Resurface Golden Heights Road located within the City of Fort Worth and Tarrant County Commissioner Precinct#3 from Harmon Road (West) to Harmon Road (East) (approximately 2,675 linear feet). (Partial Tarrant County). • Rehabilitate, Widen, and Resurface Willow Springs Road located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from approximately 1,850 feet north of Highland Springs Road to 425 feet North to Concrete Pavement (approximately 425 linear feet). 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: Zi �u 10 ) &611 By: Presiding Officer of the Tarrant County Commissioners ourt M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOR » COUNCIL ACTION: Approved on 12/6/2016 DATE: 12/6/2016 REFERENCE C-28020 LOG NAME: 20INTERLOCAL NO.: AGREEMENT 2017 CODE: C TYPE: NON- PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of $1,294,849.00 for Street Rehabilitation at Various Locations with City Participation (City Project No. 100651) (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Interlocal Agreement with Tarrant County in the amount of$1,294,849.00 for street rehabilitation at various locations with City participation. DISCUSSION: In the Fiscal Year 2017 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 the following streets: Harmon Road, Golden Heights Road, Willow Springs Road, Singleton Drive and Wagley Robertson Road. 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 and other incidentals. Additionally, the City agrees to provide traffic control for the duration of the projects or as deemed necessary by Tarrant County. Description Amount Design $ 0.00 Construction Material,Traffic Control and Incidentals $1,294,849.00 Project Management/Inspection/Contingencies $ 0.00 Total Project Budget $1,294,849.00 Construction for this project is to start approximately January, 2017 with a completion date of approximately September, 2017. Upon completion of the project there is no anticipated impact on the operating fund. Funding is available in the General Capital Projects Fund. The projects are located in COUNCIL DISTRICT 7, Mapsco 5K, 5X, 21 N, 21W and 91Z. This contract will be with a governmental entity, state agency or public institution of higher education: Tarrant County. FISCAL INFORMATION/CERTIFICATION: http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22999&councildate=12/6/2016 1/18/2017 M&C Review Page 2 of 2 The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the General Capital Projects Fund. Description Existing Appropriations per Proposed Appropriations this M&C Appropriations Interlocal Agreement 2017, $1,294,849.00 $0.00 $1,294,849.00 Fund 30100 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) 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 Harmon - Golden Heights.pdf Map Singleton.pdf Map Wagley Robertson.pdf Map Willow Springs.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=22999&councildate=12/6/2016 1/18/2017