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Home My WebLink AboutContract 50802 t THE STATE OF TEXAS CITY SECRETARYCONTRACT N0. l� � O COUNTY OF TARRANT INTERLOCAL AGREEMENT FOR THE RECONSTRUCTION OF FOREST HILL DR. 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 Forest Hill Dr. road which both The City of Everman and City of Fort Worth share equal jurisdictions comprising of approximately 69,810 square feet total. 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 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. NTM17, THEREFORE, the COUNTY and CITY agree as follows L vv rr l i1L1HER r TERMS AND CONDITIONS OFFICIAL RECORD <; 3 CITY SECRETARY :i\'VCY. COUNTY RESPONSIBILITY FT. WORM,TX COUNTY will furnish the labor and equipment for the following project- g 1 COUNTY agrees to reconstruct Forest Hill Dr., approximately 34,905 square ft. belonging to City of Fort Worth. The road profile shall be Eight inches (8") of cemlime slurry base stabilization at a rate of 36 pounds per square yard, four inches (4") of HMAC, two inches (2") Type B and two inches (2") Type D surface mix. 1.1 The COUNTY will furnish all material cost, milling cost, and traffic control cost for the Project and agrees not to invoice the City until after October 1, 2018. 2. CITY RESPONSIBILITY 2.1 The CITY will reimburse the COUNTY for their portion of cost including trucking charges not to exceed $71,640.00 once invoice is received after October 1, 2018 as previously agreed. 2.2 The CITY will furnish all rights of way, plan specifications and engineering, drawings, drainage grades for and provide culvert pipes, including American Disabilities Act approved entrances if required for the project postured within their respective jurisdiction. 2.3 If a Storm Water Pollution Prevention Plan is required, the CITY will be responsible for the design, development and implementation of the Plan. COUNTY will inform the vendor if the Plan needs maintenance during construction. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this proj ect. 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. 5. OPTIONAL SERVICES 2 i 5.1 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. 5.2 If necessary, COUNTY may furnish flag persons 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 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. 3 COUNTY OF TARRANT CITY OF FORT WORTH County Judge -7 Susan Ala}nis , Assistant City Manager Date: M Date: g Recommended for Approval: —L'z �J- &J Commiss oner Precinct 1, g 90 a, Douglas . Wiersig, P.E. Roy C Brooks Director, T/PW Departme F� �pF .. .RTS �. . o Attest: Attest. Agato N1�i y J. se , Ci Secrete` APPROVED AS TO FORM APPROVED AS TO FORM AND LEGALITY ,Vo rnq-- ASSIS T IS CATTORNEY Douglas W. Black � / t $.+ �'c/ Assistant City Attorney A • *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 attomey(s). OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 4 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. C�c��= GtJ- cS.C/o6v4r-c./ Name of Employee Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name 5i nature Approval of a Project for an Interlocal Agreement Between Tarrant County, Texas and Fort Worth, Texas 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 of 69,810 feet of roadway known Forest Hill Drive, located within the municipal limits of the City of Fort Worth,the City of Everman, and Tarrant County Commissioner Precinct One. 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: Lk GIM �i�A L� By: AO Z�� /'b'L Presiding Of icer of the Tarrant County Commissioners Co