HomeMy WebLinkAboutContract 35286 -iTY SECRETARY
CONTRACT NO.
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE CITY OF
BENBROOK FOR REHABILITATION (ASPHALT OVERLAY) OF CHAPIN ROAD
This Agreement is entered into by and between the City of Benbrook ("Benbrook"),
acting by and through Andy Wayman, its duly authorized City Manager, and the City of Fort
Worth ("Fort Worth"), acting by and through Marc Ott, its duly authorized Assistant City
Manager, both of Tarrant County, State of Texas. Benbrook and Fort Worth may be referred
to herein individually as a "Party", or collectively as the "Parties."
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, approximately 5,373 linear feet of Chapin Road is a boundary street
between the City of Benbrook and the City of Fort Worth and is in poor condition with
numerous pavement and base failures and is in need of improvement; and
WHEREAS, the Parties have recognized the need for major rehabilitation of this
portion of Chapin Road until such time as funds are available for complete reconstruction;
and
WHEREAS, it is the policy of the Parties to participate equally in the cost of
rehabilitation and maintenance of boundary streets; and
WHEREAS, Benbrook has entered into a contract with Tarrant County whereby the
County will contract for and supervise the Project which consists of the resurfacing of
approximately 204,200 square feet of road surface of Chapin Road from a point west of
Renzel Boulevard (Van Deman Drive) to a point east of Cork Place, consisting of a two-inch
(2") HMAC overlay, and further, to provide both labor and standard equipment necessary to
accomplish the Project; and
WHEREAS, Benbrook and Fort Worth now desire to enter into this Agreement to
provide for the division of costs for the rehabilitation of Chapin Road in accordance with the
terms and conditions of this Agreement; and
WHEREAS, the Parties find that the performance of this Agreement is in the common
interest of Benbrook and Fort Worth, that the undertaking will benefit the public and that the
division of costs and/or responsibilities fairly compensates the performing Party for the
services or functions under this Agreement; and
Fort Worth&Benbrookr� � ,J�-� � Vv
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Interlocal Agreement �glj � � n
March 27,2007 a
Page 1 of
NOW, THEREFORE, Benbrook and Fort Worth agree as follows:
1. Under the terms of its agreement with Tarrant County, Benbrook shall compensate
Tarrant County for all material costs as may be necessary for the Project, including
$44.85 per ton for two inch (2") HMAC overlay, totaling approximately $76,290;
and
2. Fort Worth agrees to reimburse Benbrook 50% of the actual materials cost
required for the Project up to a maximum of $40,000. Fort Worth will submit
payment to Benbrook within thirty (30) days of receiving substantiated invoices for
its share of the costs of materials for the Project.
3. Nothing in the performance of this Agreement shall impose any liability for claims
against Benbrook or Fort Worth other than claims for which the Texas Tort Claims
Act may impose liability.
4. Upon completion of the Project, Fort Worth and Benbrook shall be responsible for
maintenance of the Project within each Party's respective city limits.
5. The Parties do not intend for any third party to obtain a right by virtue of this
Agreement.
6. 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.
7. 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.
8. 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.
(Remainder of Page Intentionally Left Blank)
Fort Worth& Benbrook Q
Interlocal Agreement
March 27,2007 ;S I' y
Page 2 of 3 u�� � � 'k�
IN WITNESS WHEREOF, the pa s hereonrl
ed this Agreement in
duplicate originals this ' day of 2007.
ATTEST: CITY OF FORT WORTH
nr\
Marty HendrixO Parctt
City Secretary Assistant City Manager
Date:
Authorization:
5
APPROVED AS TO FORM
AND LEGALITY:
Amy J. R se
Assists Cit Attorney
ATTEST: CITY OF BENBROOK
V
King Andy Wayma
cretary City Manage
Date: 4 . 5 v�
Authorization:
Fort Worth&Benbrook
Interlocal Agreement "�1' �J'�*�i•, l�l�""
March 27,2007 `L:' vl"E j
Page 3 of 3 F
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/1/2007
DATE: Tuesday, May 01, 2007
LOG NAME: 20CHAPIN/BENBK REFERENCE NO.: **C-22089
SUBJECT:
Authorize Execution of an Interlocal Agreement with the City of Benbrook for Resurfacing of
Chapin Road from Renzel Boulevard to Cork Place
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with
the City of Benbrook for the resurfacing of Chapin Road from Renzel Boulevard to Cork Place for a total
cost to the City of Fort Worth not to exceed $40,000.
DISCUSSION:
Chapin Road is a boundary street between the City of Benbrook and the City of Fort Worth and is in need of
repair.
The City of Benbrook will enter into an Interlocal Agreement with Tarrant County whereby the County
will provide labor and equipment necessary at no cost. The City of Fort Worth and Benbrook will share
the material and incidental cost based on a 50/50 split.
The total cost for material and incidentals necessary to complete the resurfacing of Chapin Road is
estimated at $80,000.
This project is located in COUNCIL DISTRICT 3.
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
C293 541600 203600076980 $40,000.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: George Behmanesh (7914)
Logname: 20CHAPIN/BENBK -Page; 1 of 1