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HomeMy WebLinkAboutContract 55366 �y CSC No.55366 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT 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 in the reconstruction and asphalt overlay of certain roads identified herein, all located within the CITY; 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 WHEREAS, the Commissioners Court of the COUNTY and the City Council of the CITY each snake 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 representative to sign this Agreement; and e. Both parties acknowledge that they are each 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. NOW, THEREFORE, the COUNTY and the CITY agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY 1.1 The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project (as defined herein). 1.2 The project consists of the reconstruction and asphalt overlay of Eagle Mountain Circle from Ten Mile Bridge Road to County Line, Ten Mile Bridge Road from Eagle Mountain Circle to Wells Burnett Road,Hodgkins OFFICIAL RECORD Page 1 of 5 CITY SECRETARY FT. WORTH, TX Road from Hatch Road to Ten Mile Bridge Road, Cold Springs Road from E. Northside Drive to Warfield Avenue, Wells Burnet Road at the North Shore of Eagle Mountain Dam, Anchorage Place from Ten Mile Bridge Road to County Line,Cromwell Marine Creek Road from Bowman Roberts Road to Boat Club Road, Centerboard Lane from West Bailey Boswell Road to Mountain Bluff Drive, Hatch Road, William Springs Road from Hatch Road to City Limits, East William Springs Road, and Glenvar Road; being approximately 597,492 square feet. Pulverize the existing asphalt pavement and reclaim, cem-lime stabilize, apply 2" Type B hot mix asphaltic concrete pavement binder, apply 2" Type D hot mix asphaltic concrete pavement surface (collectively referred to as the "Project"). 2. CITY RESPONSIBILITY The CITY will provide up to $1,278,000.00 for material cost and expenses related to the Project as invoiced for the following. 2.1 CITY will furnish all materials for the Project and pay trucking charges. 2.2 CITY will furnish a site for dumping waste in close proximity to job site for materials generated during the Project. 2.3 CITY will furnish all rights of way, plan specifications and engineering drawings. 2.4 CITY will be responsible for providing or reimbursing the County for all traffic control required for the Project, including flagmen-as needed. 2.5 CITY will furnish necessary traffic controls, including message boards, Type A barricades, to redirect traffic flow to alternate lanes during the construction phase of the Project. 2.6 The CITY will be responsible for and provide any soil cores and testing necessary to construct the Project. 2.7 CITY will provide temporary driving lane markings. - 2.8 If a Storm Water Pollution Prevention 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. 2.9 CITY will provide water and a metering device for project. 3. 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 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 entire Project. Page 2 of 5 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 immunity. 5. OPTIONAL SERVICES 5.1 If requested by the CITY, the COUNTY will apply permanent striping coordinated through the Transportation Department to that part or specific parts of the Project described in 1.2 above. Application of striping by the COUNTY is limited to those Projects. 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. 5.2 If required,the CITY will pay for engineering services, storm water run-off plans, and continuation of services and plan. 5.3 If a Storm Water Prevention Plan is provided by the CITY, the COUNTY will be responsible for the implementation and maintenance of the plan during the duration of the Project. 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. 7. THIRD PARTY This contract shall not be interpreted to inure to the benefit of a third party not a party 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, party's agent, or party's employee, otherwise provided by law. 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. Page 3 of 5 r 10. TERMINATION OF AGREEMENT The initial term of this Agreement is until September 30,2021 and will automatically renew for a term of one year thereafter unless terminated by either party in writing. This Agreement shall terminate automatically upon final completion of all work contemplated herein, however, either party may terminate this Agreement at any time either before the expiration of the initial term or after the renewal of any tern thereafter, by providing the other party with 30-days written notice of termination. In the event of termination by either party, neither party shall have any obligations to the other party under this Agreement, except that the CITY is still liable for payment to the COUNTY for any outstanding invoice for the Project. TARRANT COUNTY, TEXAS CITY OF FORT WORTH l/aWIT&ULtO Dana Burghdoff(MbT3,2021 08r.52 CST) COUNTY JUDGE Dana Burghdoff,Assistant City Manager Date: /� Ap 1 Date: Mar 3,2021 Recommended for Approval: PreRril �i"�,y� �me�t�r� QLQL COMMISSIONER., PRECINCT FOUR William2021 J.D. JOHNSON Director, Transportation and Public Works ap FORT 0 Attest: I+ Attest: ,�c° F°°000000 �°°°O a� do °°�►�d C41 ;Z/ 0 �t�g S=d Approval as to rm* Mary J. Kayser, City Secretary 0� °°°°°°°°°°°°° a� !� a4�nEXA5o4p Mack(Mart,202120:46 C5-0 �bru4lr a Douglas W Black Sr. Assistant City Attorney Criminal District Attorney's Office* * 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 not rely on this approval. Instead those parties should seek contract review from independent counsel. OFFICIAL RECORD Page 4 of 5 CITY SECRETARY FT. WORTH, TX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract for the City, including ensuring all performance and reporting requirements. Name of Employee/Signature Riad Nusrallah(Feb 25,202110:25 CST) Title OFFICIAL RECORD Page 5 of 5 CITY SECRETARY FT. WORTH, TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoeFl REFERENCE **M&C 21- 202021 INTERLOCAL DATE: 1/12/2021 NO.: 0025 LOG NAME: AGREEMENT WITH TARRANT COUNTY PCT 4 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7)Authorize Execution of an Interlocal Agreement with Tarrant County with City Participation in the Amount of$1,278,000.00 for Street Rehabilitation at Twelve Locations RECOMMENDATION: It is recommended that the City Council authorize execution of an Interlocal Agreement with Tarrant County with City participation in the amount of$1,278,000.00 for street rehabilitation at twelve locations (City Project No. 103125). DISCUSSION: In the Fiscal Year 2021 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 Precinct 4 has agreed to enter into an Interlocal Agreement for the rehabilitation of twelve street segments listed below: Street Project Limit Blocks Anchorage Place Ten Mile Bridge Road-North City Limits 7900-8099 Centerboard Lane Bailey Boswell Road-Mountain Bluff Drive 8700-8999 Cold Springs Road East Northside Drive-Warfield Avenue 2300-2599 Cromwell Marine Creek Road Bowman Roberts Road-Boat Club Road 6200-6399 Eagle Mountain Circle Ramp Ten Mile Bridge Road-Eagle Mountain Circle Road 7801 -7899 Glenvar Road Hatch Road-Hodgkins Road 4600-6899 Hatch Road North Dead End-Williams Spring Road 6700-6999 Hodgkins Road Hatch Road-Ten Mile Bridge Road 4610-5699 Ten Mile Bridge Road Eagle Mountain Circle-Wells Burnett Rd 9700-9899 Wells Burnet Road City Limits(on the Dam)-North Shore Road 6200-6499 Williams Spring Road Hatch Road-Private Street 4700-4895 Williams Spring Road, East Williams Spring Road-Williams Spring Road 4800-4899 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. 103125). Description Amount Design $0.00 Construction material and traffic control $1,278,000.00 Project management, Inspection, and Contingencies $0.00 Total $1,278,000.00 littp://apps.cfwnet.org/council_packet/mc_review.asp?ID=28579&councildate=1/12/2021 1/14/2021 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, of the General Capital Projects Fund for the 2021 ILA with Tarrant County 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 I Budget I Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID Year Chartfield 2 Submitted for City Manager's Office by: Dana Burghdoff(8018) Originatinq Department Head: William Johnson (7801) Additional Information Contact: Jeffrey Perrigo(8117) ATTACHMENTS Map-ILA Precinct 4.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=28579&councildate=1/12/2021 1/14/2021