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HomeMy WebLinkAboutContract 37203 MEMORANDUM TO THE RECORD: TO: CONTRACT FILE NO. 37203 DATE: June 11, 2008 FROM: Marty Hendrix, City Secretary SUBJECT: REQUEST TO FILE "COPY" OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR ROADWORK TO MIDWAY ROAD BACKGROUND The Agreement with Tarrant County for the construction of roadwork on Midway Road needed to reclaim and recycle existing roadbed from State Highway 121 south 450 feet, regrade using flex base as required, incorporating cement stabilization, reshaping and place a two inch HMAC surface was not properly processed for attest by the City Secretary and for the issuance of a Contract Number when the three (3) originals were executed by Fernando Costa, Assistant City Manager and by the City Attorney's Office, Assistant City Attorney Amy Ramsey. This Interlocal Agreement was approved by the Fort Worth City Council by M & C C-22757 Revised on April 22, 2008. The Agreement was executed with three originals that were sent back to Tarrant County and they returned two photocopies for the City's official files. AUTHORIZATION FOR CONTRACT NUMBER Per the direction of Ines Roach, Sr. Administrative Assistant, Transportation/Public Works Department, the City Secretary's Office has been requested to issue a contract number and place in the City of Fort Worth's official contract files the "copy" of the Interlocal Agreement with Tarrant County, without the official attest of the City Secretary due to the fact it is a copy and not the original document. This request has been approved and a contract number issued. SECRE�o Y- --'c,�� THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT %This g reement made and entered into this the �`� day of , 2008, by and between the County of Tarrant, acting herein by and through its governing body the Commissioners Court, hereinafter referred to as COUNTY, and the City of Fort Worth acting herein by and through its governing body, hereinafter referred to at the CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the 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 the party; and WHEREAS, each governing body finds that the subject of this Agreement is necessary for the benefit of the public and each has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement; and WHEREAS, each governing body agrees to share in the cost of the project described below: Midwn Road: Reclaim and recycle existing roadbed from SH 121 south 450 feet, regrade using flex base as required, incorporating cement stabilization, reshaping, and place a two inch HMAC surface. Remove and replace the guardrail and the curb and gutter at the intersection with the SH 121 access road. WHEREAS, the parties hereto, in order to facilitate the financing and construction of the needed roadwork and in order to share the costs of having said work to be done, have agreed to share in the financing of said project as hereinafter stated in detail: The total cost of the project is $134,000.00 with the cities of Fort Worth, Haltom City, and Richland Hills each contributing $18,433.00 and the Fort Worth Transportation Authority and Tarrant County each contributing$39,412.00. 1. The COUNTY will perform as Project Manager for the project. 2. The CITY will contribute $18,433.00 as its share of the project. 3. The CITY agrees that if a Storm Water Pollution Prevention Plan is required, the CITY will be responsible for the design/development of the Plan. The COUNTY will be responsible for the implementation and maintenance of the Plan for the duration of the project. The CITY further agrees to pay for all costs associated with the implementation and maintenance of the Plan. By entering into this Agreement, the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories thereto. 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. The parties to this Agreement do not intend by this Agreement that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. CITY agrees that the County is relying on the CITY for notice of when to proceed with this project, but this Agreement does not require the Count), to do this project within any particular time frame. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (1) year from date herein, unless renewed by both parties in writing. CITY: AppRp ? TO FO ND ALITY: Fernando Costa Assistant City Manager Assistant Ci Att ney - I 1 -0�3 is C-n�- JE-7 ATTEST: CITY colt' r�`act Authc ri itioi 1 L� D8te- TARRANT COUNTY: B. Glen Whitley, County dge ATTEST: COUNTY ary Fickes, County Commissioner, Precinct 3 * APPROVAL O FO * 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 attorneys. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/22/2008 DATE: Tuesday, April 22, 2008 LOG NAME: 20MIDWAYROAD REFERENCE NO.: C-22757(Revised) SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County for Roadwork on Midway Road RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the construction of roadwork on Midway Road in the amount of$18,433. DISCUSSION: The City of Fort Worth, Haltom City, and Richland Hills will each enter into an Interlocal Agreement with Tarrant County each contributing $18,433. The Fort Worth Transportation Authority and Tarrant County will each contribute $39,412. Tarrant County will perform as the Project Manager for the project. The roadwork that is needed for Midway Road is to reclaim and recycle existing roadbed from State Highway 121 south 450 feet, regrade using flex base as required, incorporating cement stabilization, reshaping and place a two inch HMAC surface. Also included is removal and replacement of the guardrail and the curb and gutter at the intersection with the State Highway 121 access road. This section of Midway Road is in Haltom City. The City of Fort Worth will benefit from these improvements as this section of Midway Road serves as a vital means of ingress/egress serving the Riverbend Business Park. The improvements that will be accomplished through this Interlocal Agreement will contribute significantly to the economic vitality of the Business Park as well as facilitating efficient access of emergency vehicles to the area. The City of Fort Worth will be responsible for the design/development of a Storm Water Pollution Plan if it is required. The City of Fort Worth will pay for all costs associated with the implementation and maintenance of the Plan. Tarrant County will be responsible for overseeing the implementation and maintenance of the Plan for the duration of the project. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. Logname: 20MIDWAYROAD Page I of 2 TO Fund/Account/Centers FROM Fund/Account/Centers C293 541200 204600106283 $18,433.00 Submitted for City Manager's Office by: Fernando Costa (8476) Originating Department Head: Greg Simmons (7862) Additional Information Contact: Jim Walker(8009) Logname: 20MIDWAYROAD Page 2 of 2