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HomeMy WebLinkAboutContract 53991 C;a o 'S20RETARY C 011TRACT NO. 15291 . �o 0 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OFTARRANT 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 to: • Rehabilitate and Resurface Blue Mound Road W located within the City of Fort Worth from US 287 East to the City Limits (approximately 3,150 linear feet). • Repair and Resurface W Bonds Ranch Road located within the City of Fort Worth from US 287 RAB to Foothill Drive (approximately 4,050 linear feet). • Rehabilitate and Resurface Tarrant Main Street located within the City of Fort Worth from South Pipeline Road to Trinity Railway Express (TRE) (approximately 2,738 linear feet). • Rehabilitate and Resurface Euless South Main Street located within the City of Fort Worth from South Pipeline Road to Trinity Railway Express (TRE) (approximately 2,856 linear feet). • Rehabilitate and Resurface Avondale Haslet Road located within the City of Fort Worth from 1,800 If East of Sendera Ranch Boulevard to City Limits (approximately 3,000 linear feet). Collectively, hereinafter referred to as the "Project"; and 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 1 WHEREAS, the Commissioners Court of the COUNTY and the CityCouncil 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 representatives to sign this Agreement. NOW, THEREFORE, the COUNTY and the CITY agree as follows: TERMS AND CONDITIONS COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project: • Blue Mound Road W: Following milling and removal of the excess materials by the CITY, the COUNTY will stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. • W Bonds Ranch Road: County will repair base failures. Afterwards , the CITY will mill and remove excess materials. The COUNTY will place three inches asphalt surface, backfill the pavement edges and clean the project jobsite. • Tarrant Main Street: Following milling and removal of the excess materials by the CITY, the COUNTY will stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. • Euless South Main Street: Following milling and removal of the excess materials by the CITY, the COUNTY will stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. 2 Avondale Haslet Road: Following milling and removal of the excess materials by the CITY, the COUNTY will stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. 2. CITY RESPONSIBILITY 2.1 The CITY will provide up to $1,212,000 for material cost and related expenses for the Project as follows: a) The CITY will furnish and pay for the actual cost of the materials, including any delivery or freight cost, for the Project. The CITY will provide the COUNTY with a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the CITY for incidental material cost not supplied by the CITY at the completion of this Project. (Estimated Material Cost not to exceed: $958,220). b) The CITY will pay one-half of the COUNTY'S fuel cost incurred for the Project. The COUNTY will invoice the CITY for one-half of the cost of the fuel consumed for construction purposes at the completion of the Project. If the COUNTY has begun work on the Project but the work has not been completed at the termination of this Agreement, the CITY is still obligated to pay its share of the COUNTY's fuel cost incurred for the Project up to the date of termination of this Agreement. (Estimated Fuel Cost not to exceed $10,739). c) The CITY will be responsible for providing or reimbursing the County for all traffic control required for the Project. (Estimated Cost up to $98,019). d) The CITY will be responsible for providing or reimbursing the COUNTY for permanent striping. (Estimated Cost up to $6,832). e) The CITY will be responsible for and provide removal (milling) of the excess road base materials for the project. (Estimated Cost up to $110,140). f) The CITY will be responsible for and provide portable temporary message boards to supplement traffic control as needed. (Estimated Cost up to $11,550). 3 g) The CITY will reimburse the COUNTY for actual cost of any overtime hours the CITY requires the COUNTY to provide watering the roadway for dust control after regular work hours. (Estimated Cost up to $9,900). h) The CITY will be responsible for and provide any soil cores and testing necessary to construct the project. (Estimated Cost up to $6,600). 2.2 The CITY will adjust all utilities, manholes and valve boxes necessary to construct any and all parts of this Project. 2.3 The CITY will furnish all rights of way, plan specifications, engineering drawings, survey, and laboratory testing required for construction of any and all parts of this Project. 2.4 The CITY will furnish a dump site within close proximity to the Project for the COUNTY to dump all spoils and waste materials generated during construction of this Project. 2.5 The CITY will provide the COUNTY with a hydrant meter and all water necessary for construction of any and all parts of the Project at no cost to the COUNTY. 2.6 If a Storm Water Pollution Prevention Plan ("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 The 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 Project. 4 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 or governmental immunity. 5. OPTIONAL SERVICES 5.1 If requested by the CITY, the COUNTY will provide traffic control required for the Project. This responsibility includes all signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site with the exception of any portable changeable message boards which will be supplied by the CITY. Traffic control measures provided by the COUNTY will be billed at the actual labor cost plus 10% for use of the COUNTY traffic control devices. 5.2 If requested by the CITY, 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. 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. There is no deadline for completion of the Project. 7. THIRD PARTY This contract shall not be interpreted to inure to the benefit of a third parry not a parry 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, parry's agent, or party's employee, otherwise provided by law. 5 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 will automatically terminate on December 31, 2020. Notwithstanding the foregoing, or any other language to the contrary, either party may terminate this Agreement without cause upon thirty (30) days' written notice to the other party prior to the intended date of termination. In the event of termination by either party, neither party shall have any further obligations to the other party under this Agreement, except that the CITY remains liable to the COUNTY for any outstanding invoice for materials that the COUNTY provides for the project, if any. This Agreement may be renewed prior to its expiration upon the mutual written consent of the parties. 11. DISCLOSURE The CITY acknowledges that it is 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. 6 TARRANT COUNTY, TEXAS CITY OF FORT WORTH Dana Burghdoff 0_a_na_B_u_rg_hd_o f Ap_r_27J _20_20_) B. Glen Whitley Dana Burghdoff COUNTY JUDGEASSISTANT CITY MANAGER Date: 11�`UL "1 o Apr27,2020 Date: W i i atn ] n so n (A pr 2 4 ,20 20 ) Gary Fickes William Johnson COMMISSIONER, PRECINCT 3 DIRECTOR, T/PW a DEPARTMENT Date: (A Q, 91 �� Apr 24, 2020 Date: Attest: Mary J. Kayser City Secretary APPROVED AS TO FORM' APPROVED AS TO FORM AND LEGALITY tM 1 if 1 nt jo-V 0_B_la_ck_A(_'_r 2_7,_20_2_0) Criminal District Attolley's Office* Douglas W. Black Sr. Assistant City Attorney * 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 OFF9COiAL RECORD CITY SECRETARY M&C Review 2 not rely on this approval. Instead those parties should seek contract review from independent counsel. Page 1 of Official site of the City of Fort Worth,Texas Fo CITY COUNCIL AGENDA DATE: 4/7/2020 REFERENCE **M&C 20- LOG NAME: 202020AGREEMENT WITH INTERLOCAL TARRANT NO.: 0229 COUNTY PUBLIC CODE: G TYPE: CONSENT NO HEARING: SUBJECT:Authorize Execution of an Interlocal Agreement with Tarrant County with City Participation in the Amount of $1,212,000.00 for Street Rehabilitation at Five Locations (COUNCIL DISTRICTS 5 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$1,212,000.00 for street rehabilitation of(1) Blue Mound Road West from US 287 East to the City Limits; (2)West Bonds Ranch Road from US 287 Roundabout to Foothill Drive; (3) Avondale Haslet Road from 1,800 linear feet East of Sendera Ranch Boulevard to the City Limits; (4) Tarrant Main Street from South Pipeline Road to Trinity Railway Express; (5) Euless Souht Main Street from South Pipeline Road to Trinity Railway Express (City Project No. 102491). DISCUSSION: In the Fiscal Year 2020 Pay-Go 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 the rehabilitation of(1) Blue Mound Road West from US 287 East to the City Limits; (2)West Bonds Ranch Road from US 287 Roundabout to Foothill Drive; (3) Avondale Haslet Road from 1,800 linear feet East of Sendera Ranch Boulevard to http://apps.cfwnet.org/council_packet/mc_review.asp?!0=27797&councildate=4/7/2020 4/9/2020 the City Limits; (4) Tarrant Main Street from South Pipeline Road to Trinity Railway Express; (5) Euless South Main Street from South Pipeline Road to Trinity Railway Express. 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. 102491). Description Amount Design $ 0.00 Construction material, Traffic control $ 1,212,000.00 Project management, Inspection, Contingencies $ 0.00 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital/operating budget, as appropriated, of the General Capital Projects Fund 2020 Street Rehabilitation - ILA Project to support approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount •M&C Review 2 Pag12 of ID I I ID I I I Year I (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year I (Chartfield 2) Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Jeffrey Perrigo (8117) ATTACHMENTS 2020 1 LA 1.Pdf 2020 ILA 2.Pdf http://apps.cfwnet.org/council_packet/mc review.asp?!0=27797&councildate=4/7/2020 4/W2020 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. Riad Nusrallah Riad Nusrallah / Riad Nusrallah(Apr 16,2020) Name of Employee/Signature Sr. Professional Engineer Title J This form is N/A as No City Funds are associated with this Contract / Printed Name Signature ATTEST: m4wl Mary J.Kayser, City Secretary