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HomeMy WebLinkAboutContract 35286 -iTY SECRETARY CONTRACT NO. INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE CITY OF BENBROOK FOR REHABILITATION (ASPHALT OVERLAY) OF CHAPIN ROAD This Agreement is entered into by and between the City of Benbrook ("Benbrook"), acting by and through Andy Wayman, its duly authorized City Manager, and the City of Fort Worth ("Fort Worth"), acting by and through Marc Ott, its duly authorized Assistant City Manager, both of Tarrant County, State of Texas. Benbrook and Fort Worth may be referred to herein individually as a "Party", or collectively as the "Parties." WHEREAS, this Agreement is made under the authority of Sections 791.001-791.029, Texas Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that Party; and WHEREAS, approximately 5,373 linear feet of Chapin Road is a boundary street between the City of Benbrook and the City of Fort Worth and is in poor condition with numerous pavement and base failures and is in need of improvement; and WHEREAS, the Parties have recognized the need for major rehabilitation of this portion of Chapin Road until such time as funds are available for complete reconstruction; and WHEREAS, it is the policy of the Parties to participate equally in the cost of rehabilitation and maintenance of boundary streets; and WHEREAS, Benbrook has entered into a contract with Tarrant County whereby the County will contract for and supervise the Project which consists of the resurfacing of approximately 204,200 square feet of road surface of Chapin Road from a point west of Renzel Boulevard (Van Deman Drive) to a point east of Cork Place, consisting of a two-inch (2") HMAC overlay, and further, to provide both labor and standard equipment necessary to accomplish the Project; and WHEREAS, Benbrook and Fort Worth now desire to enter into this Agreement to provide for the division of costs for the rehabilitation of Chapin Road in accordance with the terms and conditions of this Agreement; and WHEREAS, the Parties find that the performance of this Agreement is in the common interest of Benbrook and Fort Worth, that the undertaking will benefit the public and that the division of costs and/or responsibilities fairly compensates the performing Party for the services or functions under this Agreement; and Fort Worth&Benbrookr� � ,J�-� � Vv �N N I (o hl Interlocal Agreement �glj � � n March 27,2007 a Page 1 of NOW, THEREFORE, Benbrook and Fort Worth agree as follows: 1. Under the terms of its agreement with Tarrant County, Benbrook shall compensate Tarrant County for all material costs as may be necessary for the Project, including $44.85 per ton for two inch (2") HMAC overlay, totaling approximately $76,290; and 2. Fort Worth agrees to reimburse Benbrook 50% of the actual materials cost required for the Project up to a maximum of $40,000. Fort Worth will submit payment to Benbrook within thirty (30) days of receiving substantiated invoices for its share of the costs of materials for the Project. 3. Nothing in the performance of this Agreement shall impose any liability for claims against Benbrook or Fort Worth other than claims for which the Texas Tort Claims Act may impose liability. 4. Upon completion of the Project, Fort Worth and Benbrook shall be responsible for maintenance of the Project within each Party's respective city limits. 5. The Parties do not intend for any third party to obtain a right by virtue of this Agreement. 6. By entering into this Agreement, the Parties do not intend to create any obligations expressed or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 7. Nothing contained in this Agreement is intended by the Parties to create a partnership or joint venture between the Parties and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any Party as an agent of any other Party, for any purpose whatsoever. 8. This Agreement becomes effective when signed by the last Party whose signing makes the Agreement fully executed and remains in force and effect until the completion and acceptance of the Project unless otherwise terminated. (Remainder of Page Intentionally Left Blank) Fort Worth& Benbrook Q Interlocal Agreement March 27,2007 ;S I' y Page 2 of 3 u�� � � 'k� IN WITNESS WHEREOF, the pa s hereonrl ed this Agreement in duplicate originals this ' day of 2007. ATTEST: CITY OF FORT WORTH nr\ Marty HendrixO Parctt City Secretary Assistant City Manager Date: Authorization: 5 APPROVED AS TO FORM AND LEGALITY: Amy J. R se Assists Cit Attorney ATTEST: CITY OF BENBROOK V King Andy Wayma cretary City Manage Date: 4 . 5 v� Authorization: Fort Worth&Benbrook Interlocal Agreement "�1' �J'�*�i•, l�l�"" March 27,2007 `L:' vl"E j Page 3 of 3 F City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/1/2007 DATE: Tuesday, May 01, 2007 LOG NAME: 20CHAPIN/BENBK REFERENCE NO.: **C-22089 SUBJECT: Authorize Execution of an Interlocal Agreement with the City of Benbrook for Resurfacing of Chapin Road from Renzel Boulevard to Cork Place RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with the City of Benbrook for the resurfacing of Chapin Road from Renzel Boulevard to Cork Place for a total cost to the City of Fort Worth not to exceed $40,000. DISCUSSION: Chapin Road is a boundary street between the City of Benbrook and the City of Fort Worth and is in need of repair. The City of Benbrook will enter into an Interlocal Agreement with Tarrant County whereby the County will provide labor and equipment necessary at no cost. The City of Fort Worth and Benbrook will share the material and incidental cost based on a 50/50 split. The total cost for material and incidentals necessary to complete the resurfacing of Chapin Road is estimated at $80,000. This project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C293 541600 203600076980 $40,000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) Logname: 20CHAPIN/BENBK -Page; 1 of 1