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HomeMy WebLinkAboutContract 32347 rETARY THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT INTERLOCAL AGREEMENT This Agreement is made and entered into this 16 day of , 2005, by and between the County of Tarrant, acting herein by and through its govern ng body, the Commissioners Court, hereinafter referred to as COUNTY, and the City of Fort Worth, hereinafter referred to as CITY, both of Tarrant County, State of Texas, witnesseth: 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, each governing body finds that the performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, each governing body agrees to share in the cost of the services described below. NOW THEREFORE, the COUNTY and CITY agree as follows: 1. COUNTY agrees to furnish all labor necessary to provide eight inches (8") of base stabilization and six inches (6") of HMAC Concrete in the reconstruction of one (1) mile of Cold Springs Road from Northside Drive to Burlington Northern Santa Fe Railroad tracks. 2. CITY agrees to fund the construction of a concrete valley for drainage across Cold Springs Road at the jail carwash site. 3. CITY agrees to furnish all necessary materials to accomplish the task and pay all trucking charges, however, the cost of materials and trucking charges shall not exceed $200,000.00. 4. CITY will furnish a site for dumping waste materials that are generated from this proj ect. 5. CITY agrees to furnish all necessary rights of way and plan specifications and engineering drawings. 6. CITY agrees to furnish all necessary traffic controls, i.e. Type A barricades to redirect traffic flow to alternate traffic lanes during the construction phase, the estimated cost is $5,000.00. 7. COUNTY agrees to furnish all necessary flag persons for task that require a flag person. 8. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort claims Act. 9. Nothing in the performance of this Agreement shall impose any liability for the claims against CITY other than claims for which liability may be imposed by the Texas Tort claims Act. �l `:ry'�JU'.�Yll 9 II�LUe 10. If engineering services and/or storm water run-off plans are required for the Project, CITY shall provide and pay for such services. CITY shall notify COUNTY within thirty (30) days of completion of the Project of any complaint which the CITY may have regarding same. Upon completion of the Project, CITY shall be responsible for maintenance of same. 11. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. CITY agrees that COUNTY is relying upon CITY for notice to proceed with this Project, but COUNTY shall not be required to perform this Agreement within any time limit. 12. 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. 13. 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. 14. 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. L ATTEST: COUNTY OF TARRANT COUNTYJUDGE I SIGNER, PRECINCT ONE ROY C BROOKS APPROVED TO FORM ASSATW D STRICT ATTORNEY *Parties 6&er than the county and its Commissioners Court may not rely on this approval. Such parties should seek counsel of their own choice to review this contract. ATTEST: CITY OF FO ORTH Marty Hendrix, City Secretary Marc sistant City Manager APPROV DAS TO FORM AND ALITY Zsistant y A orney :�or.trac LI Author i zatioa %ate r�, °u City of Fort Worth, Texas Mayor and Council Communication 1 COUNCIL ACTION: Approved on 9/612005 DATE: Tuesday, September 06, 2005 LOG NAME: 2000LD SPRINGS REFERENCE NO.: **C-20953 SUBJECT: Authorize Execution of Interlocal Agreement with Tarrant County for Reconstruction of One Mile of Cold Springs Road from Northside Drive to Burlington Northern Santa Fe Railroad Tracks in Fort Worth and Tarrant County, Precinct No. 1 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the reconstruction of one mile of Cold Springs Road from Northside Drive to Burlington Northern Santa Fe Railroad tracks in Fort Worth and Tarrant County, Precinct No. 1, for a total cost to the City not to exceed $205,000, which includes $5,000 for necessary traffic controls, such as barricades to redirect traffic flow during the construction phase. DISCUSSION: At the request of City staff, Tarrant County has agreed to enter into an Interlocal Agreement to reconstruct one mile of Cold Springs Road from Northside Drive to Burlington Northern Santa Fe Railroad tracks. Under this agreement, Tarrant County will provide all the necessary labor and equipment to perform this work. By agreement between the City and Tarrant County, the City agrees, at its sole option, to either deliver all of the materials necessary and required for the reconstruction of the road to Tarrant County, or pay for the materials provided by Tarrant County. The City agrees to pay for the cost of providing materials, traffic control and other incidentals and contingencies at a total project cost not to exceed $205,000. 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 DISTRICTS 8 and 9. 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 GS93 541200 020930355500 $205,000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) Logname: 2000LD SPRINGS Page 1 of 2