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Contract 45834 (2)
I(o5 CITY SECRETARY CONTRACT NO. ZaSsa-ass THE STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT FOR THE RECONSTRUCTION OF RENDON ROAD FROM LITTLE ROAD TO RETTA MANSFIELD BACKGROUND This Agreement is between Tarrant County, Texas ("COUNTY") acting by and through its duly authorized County Commissioner Court, and the City of Fort Worth, Texas ("CITY") acting through its duly authorized Assistant City Manager. WHEREAS, the Interlocal Cooperation Act, (Texas Government Code Section 791.001 et seq.) provides legal authority for this Agreement; and WHEREAS, 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 WHEREAS, the Commissioners Court of the COUNTY and the City Council of the CITY each make the following findings: 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. NOW, THEREFORE, the COUNTY and CITY agree as follows TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY COUNTY will furnish the labor and equipment for the following project: COUNTY agrees to reconstruct Rendon Road from Little Rd. to Retta Mansfield Rd. approximately 302,016 sq. ft. The road profile shall be eight inches (8") of cemline slurry base stabilization and four inches (4") of HMAC. 1 1 t '3 Q c SAL ECORD ©IVY SECRET.,= RI FE WOPm, fl 2. CITY RESPONSIBILITY 2.1 CITY will pay the total cost of the materials with that total cost including trucking charges being approximately $522,460 00 2.2 CITY will furnish all rights of way, plan specifications, and engineering drawings, drainage grades for and piovide culvert pipes. Including American Disabilities Act approved entrances if required for the project postured within their respective jurisdiction. 2.3 If a Storm Water Pollution Prevention Plan is required, the CITY will be responsible foi the design, development and implementation of the Plan. COUNTY will inform the vendor if the Plan needs maintenance during construction. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this project. If CITY has a complaint regarding the construction of the project, the CITY must complain in wiiting to the COUNTY within 30 days of pioject completion. Upon expiration of 30 days aftei project completion, the CITY becomes responsible for maintenance of the project within their respective jui isdiction. 4. NO WAIVER OF IMMUNITY This ag' eement does not waive COUNTY rights under a legal theory of sovereign immunity. This agreement does not waive either City's rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES 5.1 If requested by a CITY, the COUNTY may apply permanent striping through the Transportation Department; 5.2 If necessary, COUNTY may furnish flag persons 6. 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. 7. 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 waive' of sovereign immunity under Texas law to the extent any party may have immunity under Texas law. 2 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 shall automatically terminate upon completion of the project or one (1) ear from the date of this agreement, whichever is first. This Agreement may be renewed prior to its expiration upon the mutual consent of the parties. 3 COUNTY OF TARRANT County Judge Date: 02QA "'"1/ttelre<1 Commissiorer Precinct 1, Roy C Brooks Attest: APPROVED AS TO FORM ASSISTANT DI: CT ATTORNEY CITY OF FORT WORTH Fernando Costa, Assistant City Manager Date: 8/12/14 Recommended for Approval: bi Douglas W. Wiersig, P.E. Director, T/PW Department Attest:/4) Mary J Kayser, `City Secretary APPROVED AS TO FORM AND LEGALITY Douglas W. Black Assistant City Attorney C-Z6SGLi - ?ea 17 • *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). FII ©I JI� L RE RE), CITY SECSErn v City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/22/2014 DATE• Tuesday, July 22, 2014 LOG NAME: 20ILA-RENDON ROAD SUBJECT: REFERENCE NO.: **C-26867 Authorize Execution of an Interlocal Agreement with Tarrant County for Reconstruction of Rendon Road from Little Road to Retta Mansfield Road with City Participation in the Amount of $525,460.00 (COUNCIL DISTRICT 6) RECOMMENDATION. It is recommended that the City Council authorize execution of an Interlocal Agreement with Tarrant County for Reconstruction of Rendon Road from Little Road to Retta Mansfield Road with City participation in the amount of $525,460.00 which includes furnishing necessary materials, traffic control and other incidentals DISCUSSION: In the Fiscal Year 2014 Contract Street Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages, including Interlocal Agreements with other governmental entities. At the request of Staff, Tarrant County has agreed to enter into an Interlocal Agreement for the reconstruction of Rendon Road from Little Road to Retta Mansfield Road. Funding is available in the Contract Street Maintenance Fund Rendon Road is a through City street with the abutting properties on both sides being within unincorporated Tarrant County. Under the 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, traffic controls and other incidentals. Additionally the City agrees to closing of the road to through traffic for the duration of the project or as deemed necessary by Tarrant County. This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION / CERTIFICATION. The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund FUND CENTERS: TO Fund/Account/Centers Logname: 20ILA-RENDON ROAD Page 1 of 2 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 20ILA RENDON RD Revised.pdf (Public) 2. C293 99901. doc (CFW Internal) 3. FAR Proi 02352.pdf (CFW Internal) FROM Fund/AccountlCenters C293 523010 208600235280 C293 539120 208600235280 Fernando Costa (6122) Doug Wiersig (7801) Juan Cadena (7914) $522.460.00 $3.000.00 Logname: 20ILA-RENDON ROAD Page 2 of 2