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Home My WebLink AboutContract 42042 THE STATE OF TEXAS 0 0-�v COUNTY OF TARRANT ONTRACT NO, INTERLOCAL AGREEMENT FOR RECONSTRUCTION OF NORTH CROWLEY CLEBURNE ROAD FROM CROWLEY ROAD TO POYNTER STREET AND FROM CHAROLAIS DRIVE TO CARSON RANCH ROAD BACKGROUND This Agreement is between Tarrant County, Texas ("COUNTY') acting by and through its duly authorized County Commissioner, and the City of Fort Worth, Texas ("CITY') acting through its duly authorized Assistant City Manager. WHEREAS, the Interlocal Cooperation Act, (Texas Government Code Section 791.001 et seq.)provides legal authority for this Agreement; and WHEREAS, During the performance of the governmental functions and the payment for the performance 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 TERMS AND CONDITIONS CITY SECRETARY FT. WORTH, TX 1. PROJECT DESCRIPTION AND SCOPE OF WORK 1.1 The project is identified as the reconstruction and resurfacing of North Crowley Cleburne Road from Crowley Road to Poynter Street and from Charolais Drive to Carson Ranch Road. Length Average Width Square Feet 6,650 linear feet 25 feet 166.250 square feet 1.2 The project will reclaim the existing asphalt pavement, stabilize with 5% cement, and re-grade it for the roadbed, and resurface with a 2 inch HMAC binder course and a 2 inch HMAC surface. 2. COUNTY RESPONSIBILITY 2.1 The COUNTY will furnish the labor and equipment necessary to reconstruct North Crowley Cleburne Road as described above. 2.2 The COUNTY will coordinate the utility line locates before construction begins by utilizing Dig Tess or a similar service. 2.3 The COUNTY will monitor and coordinate the maintenance of the Storm Water Pollution Prevention Plan. 3. CITY RESPONSIBILITIES 3.1 The CITY agrees to pay the total cost of the materials for North Crowley Cleburne Road reconstruction at an estimated cost not to exceed$264,300.00. 3.2 The CITY will furnish necessary traffic controls during the construction phase of the projects at an estimated cost not to exceed $7,000.00 3.3 If a Storm Water Pollution Prevention Plan is required,the CITY will pay for all cost(including subcontractor materials, labor and equipment) associated with the implementation of the Plan at an estimated cost not to exceed$3,000.00 3.4 If required the CITY will furnish all right of way plans, engineering drawings, and specifications 3.5 The CITY will coordinate,negotiate and pay for applicable utility relocation costs. 4. PROCEDURES DURING PROJECT If the CITY has a complaint regarding the construction of the project, the CITY must inform the County in writing within 30 days of project completion. The County is responsible for the maintenance of the project within the first 30 days after completion of the project. Upon expiration of 30 days after the project completion, the CITY becomes responsible for the maintenance of the project. 5. 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. 6. OPTIONAL SERVICES 6.1 The COUNTY will furnish flag persons, if necessary. 7. 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. 8. NO 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 anyone claiming third party beneficiary rights. 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. 9. JOINT VENTURE &AGENCY The relationship between the parties to the 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. 10. TERMINATION OF AGREEMENT This Agreement shall automatically terminate 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK J This Agreement is effective upon the date written by the last party to sign. COUNTY OF TARRANT CITY OF FORT ORTH B. Glen Whitley, County Ju e Aarnana6Nta, Assistant Manager Date: /��j/ Date: < Recommended for Approval: Gj, t1 Commis6ioner Precinct 1, Douglas . Wiersig Roy C. Brooks Director, /PW Department Attest: Attest: rj Marty Hendrix, is City Secretary V h APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY M�c- C_2 c 1ys /01V Q! L- b. ry. l1 ASSISTANT STRICT ATTORNEY ASSISTANT CITY ATTORNEY • *By law, the 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 FT. WORTH, TX M&C Review Page 1 of 1 CITY COUNCIL AGENDA FORT WORTH COUNCIL ACTION: Approved on 6/14/2011 DATE: 6/14/2011 REFERENCE NO.: **C-24958 LOG NAME: 201LA--N. CROWLEY CLEBURNE RD CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Interlocal Agreement with Tarrant County for the Reconstruction of North Crowley Cleburne Road from Crowley Road to Poynter Street and from Charolais Drive to Carson Ranch Road with City Participation in the Amount of$274,300.00 (COUNCIL DISTRICT 6 ) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the reconstruction of North Crowley Cleburne Road from Crowley Road to Poynter Street and from Charolais Drive to Carson Ranch Road with City participation in the amount of$274,300.00 for materials and necessary traffic controls and other incidentals during construction. DISCUSSION: At the request of City staff, Tarrant County has agreed to enter into an Interlocal Agreement for the reconstruction of North Crowley Cleburne Road from Crowley Road to Poynter Street and from Charolais Drive to Carson Ranch Road with City participation in the amount of$274,300.00. Under the Agreement, Tarrant County will provide all the necessary labor and equipment to perform this work and the City agrees to pay for the cost of materials, traffic controls and other incidentals at an estimated cost not to exceed $274,300.00.Additionally, the City agrees to the closing of the road to through traffic for the duration of the project or as deemed necessary by Tarrant County. This project is located in COUNCIL DISTRCT 6. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services 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 523010 206600175380 $267.300.00 C293 539120 206600175380 $7,000.00 Submitted for City Manager's Office by Fernando Costa (8476) Originating Department Head: Doug Wiersig (7801) Additional Information Contact: George Behmanesh (7914) ATTACHMENTS "STERLOCAL_ v CRC,G^VLE'r LEBURI E RD pr-f http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15269&councildate=6/14/2011 07/19/11 • '+ �'`�`'�'.� :��►�=, �`�1:..� �: : � �= �� a...�r-_'ate' '' M��/�`+�:�r.��..� vim►`. E, �� '�,,, to rk Pill pq - RLUNGER ...IL. ' I BRjYORD d • 1 Y►�T�L;� I • �� ■ 1 r t• 05 t 1 1 1�1 � f • 1 • I 1 • . I • 1 � 1 CFWGIS SIDE POL-CITY LIMIT • • • • • • i