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HomeMy WebLinkAboutContract 49781 (2) CITY SECRETARY CONTRACT NO._ I? 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 in the reconstruct and asphalt overlay of the CITY's portion of Old Decatur Road, all being located within the CITY (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; and e. Both parties acknowledge that they are each 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. NOW, THEREFORE, the COUNTY and the CITY agree as follows: 0 Page 1 of 4 y i w TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY 1.1 The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project. 1.2 The project consists of the reconstruct and asphalt overlay of the CITY portion of Old Decatur Road; being approximately 168,720 square feet. Pulverize the existing asphalt pavement and reclaiming to a depth of 8", lime stabilize, 4"of flex base, apply 2" Type B hot mix asphaltic concrete pavement binder, and apply 2" Type D hot mix asphaltic concrete pavement surface. 2. CITY RESPONSIBILITY CITY will provide up to $369,507.00 for the Project as follows: 2.1 CITY will provide funding of $369,507.00 prior to commencement of project to Precinct 4 for the purchase of materials. 2.2 CITY will furnish a site for dumping waste in close proximity to job site for materials generated during the Project. 2.3 COUNTY will provide temporary driving lane markings. 2.4 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. 2.5 CITY will furnish non-potable water for their portion of the Project. 3. PROCEDURES DURING 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. The section will built to COUNTY standards. Upon expiration of 30 days after Project completion, the CITY and COUNTY will be solely responsible for maintenance and repairs for their portion 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 immunity. Page 2 of 4 5. OPTIONAL SERVICES 5.1 If requested by the CITY, the COUNTY will apply permanent striping coordinated through the Transportation Department to that part of the Project described in 1.2 above. Application of striping by the COUNTY is limited to those Projects. 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. 5.2 If a Storm Water Prevention Plan is provided by the CITY, the COUNTY will be responsible for the implementation and maintenance of the Plan during the duration of the Project. 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. 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. Page 3 of 4 TARRANT COUNTY, TEXAS CITY OF FORT WORTH �D_ m..._ r COUNTY JUDGE Jesus J. Chapa, Assistant City Manager Date: _ ()Qh10 r �J , Dpl7 Date: _/2 Recommended for Approval: L ((G OMMIS R, PRECINCT F Chris Harder J.D. JOHNSON OctV UqW 3� �(� Assistant Director Water Department FORT. Atte t: Att O:AIAJ� O�, a2r(_ Ap ov t form* M ry J. Kayser, City Seer ry,,%. —Ilk XP�5.,<-r . Criminal Nstrict Attorney's Office* Assistant City Attorney, plugt OQ4t6" 31 -2�b►1 Z83*1 * By law, the Criminal District cl llZ// - 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. :F CI L!fi t % Page 4 of 4 CITY 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: Rehabilitation for: • Old Decatur between Bailey Bowell and Heritage Trace All locations listed above are collectively located within the municipal limits of the City of Fort Worth, City of Saginaw, and Tarrant County Commissioner Precinct 4. 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: By: Presiding Office of the Tarrant County CommissionerCourt A k FORTWORTH Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract; including ensuring all performance and reporting requirements. Signature Roberto C. Sauceda, RE Name of Employee Water Department-En in_eering Department Senior Professional En ig neer Title 817-392-2387 Phone l WATER DEPARTMENT -. ENGINEERING AND FISCAL SERVICES THE CITY OF FORT WORTH * 1000 THRocimoRTON STREET * FORT WORTH,TEXAS 76102 817-392-8240 * Fax 817-392-8195 a Printed on recycled paper City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/12/2017 - Ordinance No. 22866-09-2017 DATE: Tuesday, September 12, 2017 REFERENCE NO.: **C-28371 LOG NAME: 60INTERLOCALWTC-OLD DECATUR ROAD SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County with City Participation in the Amount of $369,507.00 for Street Rehabilitation on Old Decatur Road from Bailey Boswell Road to Business Highway U.S. 287 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Bond 2017A Fund in the amount of$369,507.00; and 2. Authorize Execution of an Interlocal Agreement with Tarrant County with City participation in the amount of$369,507.00 for street rehabilitation on Old Decatur Road from Bailey Boswell Road to Business Highway U.S. 287 (City Project No. 002304). DISCUSSION: Via a construction contract with S.J. Louis Construction of Texas, Ltd, the Water Department recently completed the installation of a 48-inch water main on Old Decatur Road from Bailey Boswell Road to Business Highway U.S. 287. This portion of Old Decatur Road passes through the City of Fort Worth, the City of Saginaw and Tarrant County. The original plan was to conduct permanent asphalt paving repair to a 10 foot wide strip of the roadway underneath which the water main was installed. However, Tarrant County approached Staff about totally rehabilitating the roadway in lieu of permanent repairs, as part of an Interlocal Agreement between the City and the County. To this end, Tarrant County has agreed to enter into an Interlocal Agreement for the rehabilitation of Old Decatur Road from Bailey Boswell Road to Business Highway U.S. 287. 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. Construction for this project is to start in October 2017 and be completed in December 2017. This project will have no impact on the Water Department's Operating Budget when complete. The project is located in COUNCIL DISTRICT 7. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Water& Sewer 2017A Bond Fund for this Interlocal agreement for the Northside II Phase II 48-inch Main Project. After this transfer, the balance of $4,138,621.00 will be available in the 2017A Water& Sewer Bond Fund. http://apps.cfwnet.org/ecouncil/printmc.asp?id=25141&print=true&DocType=Print 10/9/2017 Funding for the Northside II Phase II 48-inch Main Project as depicted below: FUND Existing Additional project Total* Appropriations Appropriations Water& Sewer Bond 2015A 500.00 $0.00 $1,680, $1,680, 500.00 Fund 56007 Water& Sewer Bond 2017A $31,056,741.00 $369,507.00 $31,426,248.00 Fund 56011 Water Capital Fund 59601 $31,605.00 $0.00 $31,605.00 Project Total $32,768,846.00 $369,507.00 $33,138,353.00 * Numbers rounded for presentation purposes. FUND IDENTIFIERS (FIDS): TO fund Department ccoun Project Program ctivity Budget Reference # �Amoun� ID ID Year Chartfield_2L FROM _ r und Department ccoun Project ProgramA�ctivityt Budget Reference# mount ID ID � � Year (ChartField 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Kara Shuror (8819) Additional Information Contact: Robert Sauceda (2387) ATTACHMENTS 1. 60INTERLOCALWTC OLD DECATUR ROAD FID Table.pd (CFW Internal) 2. 601NTERLOCALWTC OLDDECATURROAD MAP.pdf (Public) 3. 601NTERLOCALWTC-OLD DECATUR ROAD 60 AO 17.docx (Public) 4. Journal 133163 CO2304.MHT (CFW Intemal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=25141&print=true&DocType=Print 10/9/2017