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HomeMy WebLinkAboutContract 52225 CITY SECRETARY COM► ACT NO, 5a a a 5 THE 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 reconstruct and asphalt overlay of W. J. Boaz Road from Elkins School Road to Boat Club Road and Bowman Roberts Road from Cromwell Marine Creek Road to Texas Shiner Drive, all being located within the CITY'(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 under this Agreement,,the parties will make the performance and payment from current revenues legally available to that parry;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; G. 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 f 1.1 The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project. i PQ�o Fn�c Page 4 of 4 OFFICIAL. RECORD CITE'SECRETARY FT. WORTH,TX 1.2 The project consists of the reconstruct and asphalt overlay of W. J. Boaz Road from Elkins School Road to Boat Club Road and Bowman Roberts Road from Cromwell Marine Creek Road to Texas Shiner Drive; being approximately 167,532 square feet.Pulverize the existing asphalt pavement and reclaiming to a depth of 10", cement stabilize, re-shape road and establish crown and shoulders, apply 2"Type B hot mix asphaltic concrete pavement binder, apply 2" Type D hot mix asphaltic concrete pavement surface. 1.3 In addition the COUNTY agrees to re-build shoulders and apply recycled asphalt. 2. CITY RESPONSIBILITY CITY will provide up to$365,329 for the Project as follows: 2.1 CITY will furnish all'materials for the Project and pay trucking charges. (Estimated Material Cost not to exceed: $341,992.00) 2.2 CITY will fiunish 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 be responsible for providing or reimbursing the County for all traffic control required for the Project. Including flagmen as needed. (Estimated Cost up to $23,337.00) 2.5 CITY will furnish necessary traffic controls, including message boards, Type A barricades, to redirect traffic flow to alternate lanes during the construction phase of the Project. 2.6 The CITY will be responsible for and provide any soil cores and.testing necessary to construct the project. 2.7 The CITY will be responsible for providing or reimbursing the COUNTY for permanent striping. 2.8 CITY will provide temporary driving lane markings. 2.9 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. 3.0 CITY will provide water and metering device for project. 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 Page 2 of 4 I 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 immunity. This Agreement does not waive CITY rights under a legal theory of sovereign 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 Projects. 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 required,the CITY will pay for engineering services, storm water run-off plans, and continuation of services and plan. 5.3 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 parry to this contract, parry'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. Page 3 of 4 10. TERMINATION OF AGREEMENT The initial term of this Agreement is until September 30, 2019, or until the Project is completed,whichever occurs first. If the Project is not completed by September 30, 2019, 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 COUNTY JUDGE Vager lanis Assistant City Date: OR.iI I(�� ZD(q Date: eco ended for proval: C I , PRECINCT FO R i Steve Cooke J.D. JOHNSON 49.i I I4 Z01 q Interim Director `� ... , Transportation and Public W Attest: Att t: Approval as to form* Mary J.Ka i ecret 'a Criminal District A orney's Office* Assistant City Attorney Iut�G G-- �q03 3 * By law, the Criminal District Z 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. rOFFICIAL RECORD Page 4 of 4 SECRETARY WORTH,TX l i 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. Name of Employee f. �a�s5 0►�� t= �� v��a ram' Title 0 This form is N/A as No City Funds.are asso ed h this Contract r/ Printed Name Signature ; ' I 4/29/2019 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT�Worn COUNCIL ACTION: Approved on 2/12/2019 DATE: 2/12/2019 REFERENCE..0 29033 LOG 201LA TARRANT COUNTY FOR W.J.BOAZ NO.: NAME: ROAD AND BOWMAN ROBERTS ROAD CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. Authorize Execution of an Interlocal Agreement with Tarrant County with City Participation in the Amount of$365,329.00 for Reconstruction and Asphalt Overlay of W.J. Boaz Road from Elkins School Road to Boat Club Road and Bowman Roberts Road from Cromwell Marine Creek Road to Texas Shiner Drive(COUNCIL DISTRICTS 2 and 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Interlocal Agreement with Tarrant County with City participation in the amount of$365,329.00 for reconstruction and asphalt overlay of W.J. Boaz Road from Elkins School Road to Boat Club Road and Bowman Roberts Road from Cromwell Marine Creek Road to Texas Shiner Drive. DISCUSSION: In the Fiscal Year 2019 General Capital Projects Program,various types of street maintenance techniques are grouped into specific contract packages, including Interlocal Agreements with other governmental entities. Tarrant County has agreed to enter into an Interlocal Agreement for reconstruction and asphalt overlay of W.J. Boaz Road from Elkins School Road to Boat Club Road and Bowman Roberts Road from Cromwell Marine Creek Road to Texas Shiner Drive. Under this Agreement,Tarrant County will provide all necessary labor and equipment to perform this work and the City agrees to pay for the cost of materials and other incidentals, in the amount shown in the table.Additionally,the City agrees to provide traffic control for the duration of the project or as deemed necessary by Tarrant County (City Project No. 101843). Description Amount Design $0.00 Construction Material, Traffic Control and Incidentals $365,329.00 Project Management/Inspection/Contingencies $0.00 Total Project Budget $365,329.00 Construction for this project is to start approximately February,2019 with a completion date of approximately September,2019. Upon completion of the project there is no anticipated impact on the operating fund. Funding is available in the General Capital Projects Fund. The project is located in COUNCIL DISTRICTS 2 and 7. This contract will be with a governmental entity,state agency or public institution of higher education: Tarrant County. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget,as appropriated,of the General Capital Projects Fund. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Susan Alanis(8180) Originating Department Head: Steve Cooke(5134) Additional Information Contact: Richard Martinez(7914) Riad Nusrallah(2729) apps.cfwnet.org/council_packet/mc_review.asp?I D=26758&councildate=2/12/2019 1/2 4/29/2019 M&C Review ATTACHMENTS Map 2019 ILA Exhibit A.pdf apps.cfwnet.org/council_packet/mc_review.asp?I D=26758&councildate=2/12/2019 2/2