Loading...
HomeMy WebLinkAboutContract 48064 CITY SECRETAW 430 coNTt�►cT No. TH STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This Interlocal Agreement is between Tarrant County, Texas ("COUNTY"), and the City of Fort Worth ("CITY"). WHEREAS, the CITY is requesting the COUNTY'S assistance in the reconstruction and asphalt overlay of Silver Creek Road from the City of Fort Worth City Limits to Silver Creek Bridge,said road being located within the CITY (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 performance of those governmental functions under this Agreement, 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 interests 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 the COUNTY have authorized their representative to sign this Agreement; and e. Both parties acknowledge that they are each a "governmental entity" and not a "business entity" as those terms are defined in Tex. Gov't Code § 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov't Code Section 2252.908 is required. NOW,THEREFORE, the COUNTY and the CITY agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY 1.1 The COUNTY will furnish the labor and equipment to perform the Project. Page 1 of 4 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 1.2 The Project consists of the reconstruction and asphalt overlay of Silver Creek Road from the City of Fort Worth City Limits to Silver Creek Bridge; being approximately 36,000 square feet. COUNTY will pulverize the existing asphalt pavement reclaiming to a depth of 8", stabilize with 6% cement, and apply 3" Type D hot mix asphaltic concrete pavement surface. 2. CITY RESPONSIBILITY CITY will provide up to $62,252.00 for the Project as follows: 2.1 CITY will furnish all materials for the Project and pay trucking charges. 2.2 CITY will furnish a site for dumping waste in close proximity to job site for materials generated during the Project. 2.3 CITY will furnish all rights of way, plan specifications and engineering drawings. 2.4 CITY will furnish necessary traffic controls, including Type A barricades, to redirect traffic flow to alternate lanes during the construction phase of the Project. 2.5 CITY will provide temporary driving lane markings. 2.6 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. 3. 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. 4. NO WAIVER OF IMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign or governmental immunity. This Agreement does not waive CITY rights under a legal theory of sovereign or governmental immunity. 5. OPTIONAL SERVICES 5.1 If requested by the CITY, the COUNTY will apply permanent striping coordinated through the Transportation Department to that part of the Project described in 1.2 above. Application of striping by the COUNTY is limited to those Project roadways. If the CITY desires permanent striping Page 2 of 4 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. 5.2 If necessary, the CITY will furnish flag persons. 5.3 If required, the CITY will pay for engineering services, storm water run- off plans, and continuation of services and plan. 5.4 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. 6. 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. 7. THIRD PARTY This contract shall not be interpreted to inure to the benefit of a third party not a party to this contract. This contract may not be interpreted to waive any statutory or common law defense, immunity, including governmental and sovereign immunity, or any limitation of liability, responsibility, or damage of any party to this contract, party's agent, or party's employee,otherwise provided by 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 The initial term of this Agreement is until September 30, 2016, or until the Project is completed, whichever occurs first. If the Project is not completed by September 30, 2016, this Agreement will automatically renew for an annual tern 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. Page 3 of 4 TARRANT COUNTY,TEXAS CITY OF FORT WORTH t-OL7 l l' JUDGE Jesus J.Chapa, Assistant City Manager Date: WILL Date: 7 r - C h1ISS1 , P LCINCT �Do la iersig, P.E., Director J.D.JOHNSON Tr po ation and Public Works Department Attest: Attest: F o/ - - ar) J. 'ye X City Secreta APPRO E S TO FORM* APPROVED AS TO FORM A LEGALITY Criminal rict Attorney's Office* Douglas W Black Sr.Assistant City Attorney M&C C -10f7. Date ` I • By law,the Criminal District Attorney's Office may 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. Page a of a OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Approval of a Project for an Interlocal Agreement Between Tarrant County,Texas and the 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: Reconstruction and asphalt overlay of approximately 36,000 square feet of Silver Creek Road from the City of Fort Worth City Limits to Silver Creek Bridge. 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. 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 'Fan-ant County Commissioners Court. Date: al&A � (7) By: - Presiding Officer of the Tan-ant County Commissioners Co E ECORD ETARY H, TX