Loading...
HomeMy WebLinkAboutContract 41879 (2)THE STATE OF TEXAS COUNTY OF TARRANT CLTY SECRETARY CON PACT INTERLOCAL AGREEMENT BACKGROUND This Agreement is between County of Tarrant ("COUNTY"), and the CITY OF FORT WORTH ("CITY"), acting herein by and through its governing body, both of Tarrant County, State of Texas. 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 The Commissioners Court of the COUNTY and the City Council of the CITY each find: 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 d. The CITY and COUNTY have authorized their representative to sign this Agreement. The Parties therefore agree as follows: TERMS AND CONDITIONS 1. PROJECT DESCRIPTION The project is identified as the extension of Ray White Road, an urban type HMAC roadway 775 feet in length and 36 feet in width within the City of Fort Worth. The project limits extend from Beach Street west to the Ray White Road stub -out in Crawford Farms subdivision. 2. COUNTY RESPONSIBILITY 2.1 The COUNTY will furnish the CITY engineering plans and specifications at 60%, 90% and final for the project before construction begins. 2.2 The COUNTY will furnish all right of way documents necessary to acquire the additional right of way, easements, and temporary easements necessary for the OFFICIAL RECORD extension of Ray White Road. SECREWY The COUNTY, at its sole cost and expense, agrees to furnish the labor and p rfit,,� equipment necessary to reconstruct Ray White Road as an urban type section. 2.4 The COUNTY will furnish a traffic control plan. 2.5 The COUNTY shall notify the CITY of completion of the project within 30 days of completion to schedule a final inspection of the project. 3. CITY RESPONSIBILITIES 3.1 The CITY will determine the right-of-way required for the project. 3.2 The CITY will acquire such right of way, easements, and temporary easements. 3.3 The CITY will coordinate the adjustment and/or relocation of all existing utilities in conflict with proposed construction prior to the construction start date. 3.4 The CITY agrees to pay the COUNTY an amount not to exceed $158,000.00 for materials and trucking charges for the project. 3.5 If a Storm Water Pollution Prevention Plan is required, the CITY will pay for all cost (including subcontractor materials labor and equipment) associated with the implementation and maintenance of the Plan. 3.6 The CITY shall approve the final plans and specifications before construction may begin. 3.7 The CITY agrees it will be responsible for traffic control on this project. This responsibility includes all signage, barricades and flagmen necessary to control traffic in and around the construction site. 3.8 The CITY will provide the COUNTY with a hydrant meter and all the water necessary for the project at no cost to the COUNTY. 3.9 The CITY agrees the road can be closed to thru traffic during working hours. 4. 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 within 30 days of final inspection of the project. If the CITY files no complaint regarding the construction of the project within 30 days of final inspection, 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 If requested by CITY, the COUNTY may apply permanent striping; 6.2 If requested by the CITY, CITY may pay the COUNTY for providing the traffic control, including signage, barricades and flagmen. 7. TIME PERIOD FOR COMPLETION 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. ATTEST: CITY 4)•<>";017cr isPzi %Otto o e 0 tiozItz ciciocgiphs,49 \r-4Th -"Wits %;Ik 4V ' T• ORM AND LEGALITY° CITY ATTEST: COUNTY 1/4-Eiriwnwafrifit OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX CITY FERNANDO COSTA, Assistant City Manager C,,a,q-sms Contract Authorization 41\9111 Date TARRANT COUNTY B. GLEN WHITLEY, Coun tJARY FICKES, County Commissioner Precinct Three * APPROVED AS TO FORM * 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).