HomeMy WebLinkAboutContract 41833 (2)I1DSCc'S
THE STATE OF TEXAS
COUNTY OF TARRANT
CITY SECRETARY
CONTRACT 0.
INTERLOCAL AGREEMENT
BACKGROUND
i
This Agreement is between County of Tarrant ("COUNTY"), and the CITY OF
FORT WORTH ("City") acting through its duly authorized Assistant Manager, Fernando
Costa.
Sections 791.001-791.029 of the Texas Government Code provide legal authority
for this Agreement;
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
find:
The Commissioners Court of the COUNTY and the City Council of the City each
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
The CITY and COUNTY have authorized their representative to sign this
Agreement.
The Parties therefore agree as follows:
TERMS AND CONDITIONS
1. PROJECT DESCRIPTION AND SCOPE
1.1 The project is identified as the reconstruction, resurfacing, and restriping
of W.J. Boaz Road from Old Decatur Road to Boat Club Road.
1.1.1 Reclaim the existing asphalt pavement, stabilize with 5°/o cement and
apply 2" H.M.A.0 overlay (238,480 SF of pavement).
2. COUNTY RESPONSIBILITY
OFFICIAI. RECORD
CITY SECRETARY
2.1 The COUNTY will furnish the labor;, gregiapgriirt necessary to
reconstruct and restripe W.J. Boaz Ft_oad from Old ecatu Road to Boat
Club Road;
2.2 The COUNTY will apply permanent striping;
2.3 The COUNTY will coordinate the adjustment or relocation of all existing
utilities, except that the CITY is responsible for the relocation of CITY
owned utilities.
3. CI Y RESPONSIBILITIES
3.1 The CITY agrees to pay the total cost of the materials at an estimated
cost not to exceed $217,450.00 plus $1,120 for pavement striping;
3.2 The CITY will pay for necessary traffic controls during the construction
phase of the projects at an estimated cost not to exceed $5,000.00;
3.3 If a Storm Water Pollution Prevention Plan is required, the CITY will pay
for all cost (including subcontractor materials, labor and equipment) at an
estimated cost not to exceed $3,000;
3.4 CITY will furnish all rights of way, plan specifications and engineering
drawings as needed;
3.5
City will negotiate and pay for applicable utility relocation costs.
PROCEDURES DURING PROJECT
If the 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 the project completion, the CITY becomes
responsible for the maintenance of the project.
5. 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.
6. OPTIONAL SERVICES
6.1 The COUNTY will furnish flag persons, if necessary;
6.2 If a Storm Water Prevention Plan is required, it will be provided by CITY,
COUNTY will be responsible for the implementation and maintenance of
the Plan during the duration of the project.
7. TIME PERIOD FOR COMPLETION
OFFICIAL RECORD
CLIry SECRETARY
Fr WORTH, TX
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.
8. 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.
9. JOINT VENTURE & AGENCY
The relationship between the parties to the 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.
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.
11. EFFECTIVE DATE
This agreement becomes effective when signed by the last party whose signing makes
the agreement fully executed.
COUNTY OF TARRANT
E. Glen Whitley, County Judge
Date: -792a7 3/,
Commissioner Precinct 4,
J.D. Johnson
est:
OFFICIAL RECORD
CITY S
FT.
CITY OF FORT WORTH
0:1-7-adiesemeso4
Fernando Costa, Assistant Manager
Date:
Contract Authorization
Attest:
Marty Hend
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APPROVED AS TO FORM*
ASSISTA ISTRICT ATTORNEY
City Secretary
APPROVED AS TO FORM AND
LEGALITY
AS' I
T CITY ATTORNEY
o 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 attorney(s).
OFFIC,4t RECORD
CITY SECRETARY
Ft NrORiH, TX