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Home My WebLink AboutContract 54290 CSC No.54290 THE STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT FOR THE RECONSTRUCTION OF EVERMAN PARKWAY BACKGROUND This Agreement is between Tarrant County, Texas ("COUNTY") acting by and through its duly authorized County Commissioner Court,and the City of Fort Worth,Texas ("CITY") acting through its duly authorized Assistant City Manager. WHEREAS, the CITY and the COUNTY have agreed to reconstruct Everman Parkway from Oak Grove Road to the Evennan City Limits (approximately 600 feet east of Christopher Drive) comprising of approximately 220,500 square 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 perfonnance of those governmental functions 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 interest 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 COUNTY have authorized their representative to sign this Agreement. NOW, THEREFORE, the COUNTY and CITY agree as follows: OFFICIAL RECORD CITY SECRETARY 1 FT. WORTH, TX TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY • The COUNTY will furnish the labor and equipment,not limited to flagging personnel to assist the CITY in completing the Project. • The COUNTY will be responsible for coordinating the Traffic Control and message boards using American Barricade. • The County will be responsible for coordinating the milling process using TexOp. • The COUNTY will stabilize 8" of the exposed subgrade with cemlime slurry at a rate of 45 pounds per square yard, regrade, shape, and prime the roadbed, place four (4) inches of asphalt base, place two (2) inches of asphalt surface, backfill the pavement edges and clean the project jobsite. 2. CITY RESPONSIBILITY 2.1 The CITY will provide up to $751,550.00 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. 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: $594,800.00). b) The 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 $3,600.00). c). The CITY will provide the COUNTY with a purchase order and will be billed directly by the supplier for all traffic control signage and message boards as required for the project. (Estimated Cost up to $38,400.00). d) The CITY will provide the COUNTY with a Purchase Order for the milling to remove excess road materials prior to the stabilization process and will be billed directly by the supplier. (Estimated Cost up to $110,250.00). 2 e) 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 $2,000.00). f) The CITY will be responsible for and provide any soil cores and testing necessary to construct the project. (Estimated Cost up to $2,500.00). 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. 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 ("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. If CITY has a complaint regarding the construction of the project, the CITY must complain in writing to the COUNTY within 30 days of project completion. Upon expiration of 30 days after project completion, the CITY becomes responsible for maintenance of the project within their respective jurisdiction. 4. NO WAIVER OF IMMUNITY This agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This agreement does not waive either City's rights under a legal theory of sovereign immunity. 3 5. OPTIONAL SERVICES 5.1 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 CITY will give the COUNTY notice to proceed at the appropriate time. However, COUNTY is under no duty to commence construction at any particular time. 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. 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 shall automatically tenninate upon completion of the project or one (1) year from the date of this agreement, whichever is first. This Agreement may be renewed prior to its expiration upon the mutual consent of the parties. 4 COUNTY OF TARRANT CITY OF FORT WORTHS Dana Burghdoff(Jul 2,202 :37 CDT) Coun y Judge Dana Burghdoff Assistant City Manager Date:IWO Date: J U[ 22 2020 Recommended for Approval: Co nmissi er Precinct 1, William Johnson Roy Charles Brooks Director,TPW Department Attest: Attest: APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY ASSISTANT6bISTRICT ATT RNEY Douglas W, Black Assistant City Attorney *By law, the Criminal District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). OFFICIAL RECORD CITY SECRETARY 5 FT. WORTH, TX 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. Riad Nusrallah Riad AIUSI'allah / Riad Nusrallah(Aug 13,202010:12 CDT) Name of Employee/Signature Sr. Professional Engineer Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature z A poRr�� a>o dam° -IP ATTEST: Mary J.Kayser,City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX