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HomeMy WebLinkAboutContract 46989 ,F CITY SECIaTIM CONTRACT NO. "STATE OF TEXAS " COUNTY OF TARRANT INTERLOCAL AGREEMENT FOR THE REHABILITATION OF OLD WEATHERFORD ROAD BACKGROUND This Agreement is between Tarrant County, Texas ("COUNTY") acting by and through its duly authorized County Commissioners Court, 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, the parties will make the payment therefor 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: TERMS AND CONDITIONS 1. PROJECT DESCRIPTION AND SCOPE OF WORK 1.1 The "Project" is identified as the reconstruction and cement stabilization of. Old Weatherford Road: Reconstruction and Cement stabilization of Old Weatherford Road, from Chapel Creek Boulevard west to the Fort Worth city limits (approximately 136,400 square feet). 0 F F I CIA L k'i EC',-0RD 1.2 The Project will be completed as time and resources allow. 2. COUNTY RESPONSIBILITIES 2.1 The COUNTY will furnish the labor and equipment necessary for the Project. 2.2 The Project will consist of pulverizing the existing asphalt pavement and reclaiming to a depth of 8", stabilize with 6% cement, and re-grad it for the roadbed. Estimated Cost: $65,000.00 3. CITY RESPONSIBILITIES 3.1 CITY will provide up to $ 65,000.00 for the Project as follows: (a) CITY will furnish all materials for the Project and pay trucking charges. (b) CITY will furnish a site for dumping waste in close proximity to job site for materials generated during the Project. (c) CITY will furnish all rights of way, plan specifications and engineering drawings. (d) CITY will furnish necessary traffic controls, including Type A barricades, to redirect traffic flow to alternate lanes during the construction phase of the Project. (e) CITY will provide temporary driving lane markings. (f) 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. 4. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this 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. Upon expiration of 30 days after Project completion, the CITY will be solely responsible for maintenance and repairs of the entire 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 If requested by the CITY, the COUNTY may apply permanent striping. 6.2 If necessary,the CITY will furnish flag persons. 6.3 If required, the CITY will pay for engineering services, storm water run-off plans, and continuation of services and plan. 6.4 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. 7. 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. 8. 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. 9. 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 ply. 10. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 11. TERMINATION OF AGREEMENT The initial term of this Agreement is until September 30, 2015, or until the Project is completed, whichever occurs first. If the Project is not completed by September 30, 2015, this Agreement will automatically renew for an annual term thereafter and will expire upon completion of the Project during the subsequent term. Either party may terminate this Agreement at any time— either before the expiration of the initial term or after the renewal of any term thereafter—by providing the other party with 30-days written notice of termination. In the event of termination by either party, neither party shall have any obligations to the other party under this Agreement, except that the CITY is still liable for payment to the COUNTY for any outstanding invoice for the Project. TARRANT COUNTY, TEXAS CITY OF FORT WORTH m � COUNTY JUDGE Authorized City Official µ Date � ' � d� `: �• Date; CSC'MMISSION R, PRECINCT FOUR J.D. JOHNSON d{yew Attest: A7/,y X /� N ' w �lWt 0 C aroocs 0 9 AS APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY Criminal District Atf6rne� ,XgfKce* Assistant City Attorney hn 4.'c c- 2, * By law, the Criminal District Attorney's Office may w t am " 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. °1"""ICI A CITY, g5Vs "° w0worK Tx s, 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: The reconstruction and cement stabilization of approximately 136,400 square feet of City roadway, known as Old Weatherford Road, from Chapel Creek Boulevard west to the Fort Worth city limits line, said Project being within the municipal limits of the City of Fort Worth 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: k By: Presiding Officer of the Tarrant County Commissioners Co rt f FKX �E(,',0Rii CITY 15MMETAU"ZY" ii nail olt 11,TX COMMUNICATION MAYOR AND COUNCIL FANDOR vvt� �A,� O z e9� 57Z Y .r ® HORNBY J JSW ~ W�srp O = z IVES 4 ON), r CO � R m Lu ci w �Nb RIpG 71C 7 p � 72 E '1 '1 ''Sra�► i AMA!NG GHrs oo DISTRICT 3 Old Weatherford Rd o PATRON ® a a w to UNITY z m x v � � a, . SIXPENCE 4 Z COUGAR v BRADSH W gER IDGE OLD WEAT E Rd x pM SONES 4 p 71G w 71H 72E IL T tAIL 2� x COOL SP ING HARPER OLD WEATHERFORD p.....,_ PL AS T NPUN tl RU E EUREKA S RING R U 2, :� C PRESS HILL 2 hi to BREA CANY TUSTI I DA ON ,. CHAPIN w p n y g m D L M U M 71L 71M J -1>0-- 72K F 01 a r sn 2� ♦�`�q } Legend CFWGIS.SDE POL_CITY_LIMIT S, CFWGIS.SDE.POL_TARRANT_PRECINCTS COMMISH Y- 0 2 71 71R o 4 %C."Ifty of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/21/2015 DATE: Tuesday, July 21, 2015 REFERENCE NO.: **C-27368 LOG NAME: 20ILA OLD WEATHERFORD ROAD SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County for Reconstruction of Old Weatherford Road from Chapel Creek Road to the West Fort Worth City Limit with City Participation in the Amount of $65,000.00(COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize execution of an Interlocal Agreement with Tarrant County for reconstruction of Old Weatherford Road from Chapel Creek Road to the west Fort Worth city limit with City participation in the amount of$65,000.00, which includes furnishing necessary materials, traffic control, and other incidentals. DISCUSSION: In the Fiscal Year 2015 Contract Street Maintenance Program,various types of street maintenance techniques are grouped into specific contract packages,including Interlocal Agreements with other governmental entities. At the request of staff,Tarrant County has agreed to enter into an Interlocal Agreement for the reconstruction of Old Weatherford Road from Chapel Creek Road to Fort Worth's west city limit(City Project No. 02650). Description Amount Design $ 0.00 Construction Materials, Traffic Control and Incidentals $65,000.00 Project Mana ement/Ins ection/Contin encies,Etc. $ 0.00 Total Pro'ect Bud et $65,000.001 Funding is available in the Contract Street Maintenance Fund. Old Weatherford Road is a through city street with the abutting properties on both sides being within unincorporated Tarrant County.Under the Agreement,Tarrant County will provide all necessary labor and equipment to perform cement stabilization work, and the City agrees to pay for the cost of materials, traffic controls, and other incidentals. Additionally, the City agrees to 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 DISTRICT 3. FISCAL.INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Center C293 523010 203600265080 $57.000.00 0293 539120 203600265080 $8,000.00 CERTIFICATIONS: Submitted for City Manager's Office b3L Fernando Costa (6122) Originating Department Head: Douglas W.Wiersig (7801) Additional Information Contact: Richard Martinez (7914) Tariqul Islam (2486) ATTACHMENTS 1.FAR ILA Weatherford Rd,p-df 2. Funds Verification.docx 3.Man Old Weatherford Rd RZdf 4. searchResults I—Old Weatherford.pd