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HomeMy WebLinkAboutContract 57108-A1 CSC No. 57108-A1 THE STATE OF TEXAS FIRST AMENDMENT TO 2022-INTERLOCAL AGREEMENT CITY PROJECT NUMBER 103808 COUNTY OF TARRANT WHEREAS on February 8, 2022, the Commission's Court approved through Court Order No. 137505, Tarrant County, Texas ("COUNTY")and the City of Fort Worth ("CITY") entered into an Interlocal Agreement ("ILA") for the COUNTY's assistance to: • Rehabilitate and Resurface Avondale Haslet Road located within the City of Fort Worth from Willow Springs Road (North)to Sendera Ranch Boulevard (approximately 5,065 linear feet). • Repair and Resurface Westport Parkway located within the City of Fort Worth from 600 ft east of IH 35W to Old Denton (approximately 2,725 linear feet). • Rehabilitate and Resurface Keller Haslet Road (1) located within the City of Fort Worth from Old Denton Road to Beach Street (approximately 2,100 linear feet). • Reconstruct Keller Haslet Road (2) located within the City of Fort Worth from Ponderosa Beach Street to Alta Vista (approximately 1,880 linear feet). • Reconstruct Old Denton Road located within the City of Fort Worth from Keller Hicks Road to Coyote Ridge Drive (approximately 2,700 linear feet). • Reconstruct Sunset Circle located within the City of Fort Worth from North Caylor Road to North Caylor Road (approximately 4,050 linear feet). • Reconstruct Mistys Run located within the City of Fort Worth from Keller Hicks Road to Old Denton Road (approximately 2,850 linear feet). • Reconstruct Oak Haven Drive located within the City of Fort Worth from Katy Road to Dead End (approximately 2,972 linear feet). OFFICIAL RECORD Page 1 of 3 CITY SECRETARY FT.WORTH, TX • Reconstruct Oak Leaf Trail located within the City of Fort Worth from Oak Haven Drive to West Caylor Road (approximately 578 linear feet). Collectively,hereinafter referred to as the"Project". 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 NOW, THEREFORE, the COUNTY and the CITY desire to amend the Agreement to extend the term of the Agreement until September 30, 2023, or until the Project is completed whichever occurs first.Either party may terminate this Agreement at any time— either before the expiration of the initial term 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. All other conditions and requirements of the ILA remain the same. Page 2 of 3 TARRANT COUNTY, TEXAS CITY OF FORT WORTH /,,6t -4AL." William Johnson( p 20,2022 08:53 CDT) B. Glen Whitley William M. Johnson COUNTY JUDGE ASSISTANT CITY MANAGER Date:5�+ern►C 2 C o2`l, ZO ZZ Date: Sep 20, 2022 Gary Fickes Lauren L. Prieur COMMISSIONER, PRECINCT 3 INTERIM DIRECTOR-T/PW OF PUBLIC WORKS Date: SL7+-ZCSZZ, Date: Sep 17, 2022 1C;r 10FORT��� Attest: pOA. ° o0 P.,o °4d ,7a�r�ret�e S Goo�'aCC ��o o=� �( °yy Jannette S.Goodall(Sep 20,2022 09:56 CDT) Y�T °°° °p T� Criminal District Atto ey's Office* City tte Goodall a�a4 nEXASaA� ry APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY WI * By law, the Criminal District Dillack(Sep 19,202216:10 CDT) Attorney's Office may only approve Douglas W. Black contracts for its clients.We reviewed this Sr. Assistant City Attorney 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 CITY SECRETARY Page 3 of 3 FT.WORTH, TX CSC No.57108 3 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 to: • Rehabilitate and Resurface Avondale Haslet Road located within the City of Fort Worth from Willow Springs Road (North) to Sendera Ranch Boulevard (approximately 5,065 linear feet). • Repair and Resurface Westport Parkway located within the City of Fort Worth from 600 ft east of IH 35W to Old Denton (approximately 2,725 linear feet). • Rehabilitate and Resurface Keller Haslet Road (1) located within the City of Fort Worth from Old Denton Road to Beach Street (approximately 2,100 linear feet). • Reconstruct Keller Haslet Road (2) located within the City of Fort Worth from Ponderosa Beach Street to Alta Vista (approximately 1,880 linear feet). • Reconstruct Old Denton Road located within the City of Fort Worth from Keller Hicks Road to Coyote Ridge Drive (approximately 2,700 linear feet). • Reconstruct Sunset Circle located within the City of Fort Worth from North Caylor Road to North Caylor Road (approximately 4,050 linear feet). • Reconstruct Mistys Run located within the City of Fort Worth from Keller Hicks Road to Old Denton Road (approximately 2,850 linear feet). • Reconstruct Oak Haven Drive located within the City of Fort Worth from Katy Road to Dead End (approximately 2,972 linear feet). 1 • Reconstruct Oak Leaf Trail located within the City of Fort Worth from Oak Haven Drive to West Caylor Road (approximately 578 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 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 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: • Avondale Haslet Road: CITY will mill out base failures and COUNTY will make full depth repairs in roadway. CITY will wedge mill roadway and COUNTY will place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. 2 • Westport Parkway: The COUNTY will reclaim and stabilize the existing roadway, 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. • Keller Haslet Road (1): Following milling and removal of the excess materials by the CITY, the COUNTY will reclaim and 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. • Keller Haslet (2): The COUNTY will reclaim and stabilize the existing roadway, 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. • Old Denton Road: Following milling and removal of the excess materials by the CITY, the COUNTY will reclaim and 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. • Sunset Circle: Following milling and removal of the excess materials by the CITY, the COUNTY will reclaim and 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. • Mistys Run: Following milling and removal of the excess materials by the CITY, the COUNTY will reclaim and 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. • Oak Haven Drive: Following milling and removal of the excess materials by the CITY, the COUNTY will reclaim and 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. • Oak Leaf Trail: Following milling and removal of the excess materials by the CITY, the COUNTY will reclaim and 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 3 2.1 The CITY will provide up to $1,557,000 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: $1,238,355) 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 $15,197). c) The CITY will be responsible for providing or reimbursing the County for all traffic control required for the Project. (Estimated Cost up to $94,611). d) The CITY will be responsible for providing or reimbursing the COUNTY for permanent striping. (Estimated Cost up to$4,429). e) The CITY will be responsible for and provide removal (milling) of the excess road base materials for the project. (Estimated Cost up to $179,609). f) The CITY will be responsible for and provide portable temporary message boards to supplement traffic control as needed. (Estimated Cost up to $17,600). 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$7,700). 2.2 The CITY will adjust all utilities, manholes and valve boxes necessary to construct any and all parts of this Project. 4 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. 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 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. S. 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 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 6 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, 2022. 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. TARRANT COUNTY,TEXAS CITY OF FORT WORTH 7 t5aaa.8u>�alula� DapaNur`ndoH( 3,20. 7:3d 9CST) B. Glen-Whitley Dana Burghdoff COUNTY JUDGE ASSISTANT CITY MANAGER Date: Ei6ruaLf Date: Feb 3,2022 1 a4YWJ�L.{O1 30:53 FidVs William M. Johnson COMMISSIONER, PRECINCT 3 DIRECTOR,T/PW DEPARTMENT Date: r t Date: Feb 2,2022 Attest: Sannefte S. Goodall Jannette S.Goodall(Feb 9,202213:59 CST) Jannette Goodall City Secretary APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY DDbcM Ifb L202212:15 C5' Criminal District Attorneys Office* Douglas W. Black Sr.Assistant City Attorney * By law, the Criminal District Attorney's �� � �� Office may only approve contracts for its RadwsreUah(Feb 10,202222:03 C5T) clients. We reviewed this document as to form from our client's legal Riad Nusrallah perspective. Other parties may not rely on Contract Compliance Manager this approval. Instead those parties should seek contract review from independent counsel. 8 � 3q 3 Approval of a Project for an Interlocal Agreement Between Tarrant Count, Texas and City of Fort Worth Tarrant County, Texas, acting by and through the Tarrant County Commissioners Court, has been advised of the following described Project involving the construction, improvement, or repair of a building, road or other facility. In accordance with Texas Government Code § 791.014, Tarrant County hereby gives its specific written approval for the Project prior to the Project beginning. The Project information is as follows: PROJECT and LOCATION: • Rehabilitate and Resurface Avondale Haslet Road located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from Willow Springs Road (North) to Sendera Ranch Boulevard (approximately 5,065 linear feet). • Repair and Resurface Westport Parkway located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from 600 ft east of IH 35W to Old Denton (approximately 2,725 linear feet). • Rehabilitate and Resurface Keller Haslet Road (1) located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from Old Denton Road to Beach Street (approximately 2,100 linear feet). • Reconstruct Keller Haslet Road (2) located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from Ponderosa Beach Street to Alta Vista (approximately 1,880 linear feet). • Reconstruct Old Denton Road located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from Keller Hicks Road to Coyote Ridge Drive (approximately 2,700 linear feet). • Reconstruct Sunset Circle located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from North Caylor Road to North Caylor Road (approximately 4,050 linear feet). • Reconstruct Mistys Run located within the City of Fort Worth f and Tarrant County Commissioner Precinct #3 from Keller Hicks Road to Old Denton Road (approximately 2,850 linear feet). • Reconstruct Oak Haven Drive located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from Katy Road to Dead End (approximately 2,972 linear feet). • Reconstruct Oak Leaf Trail located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from Oak Haven Drive to West Caylor Road (approximately 578 linear feet). The local governments that have requested the Project and with whom the Interlocal Agreement is by and between are Tarrant County, Texas, and the City of Fort Worth, Texas. By vote on the date below, the Tarrant County Commissioners Court has approved the Project identified above and authorized execution of this document by the presiding officer of the Tarrant County Commissioners Court. By: Date: 27, Z07ZZ. Presiding Officer of the Tarmi County Commissioners Court 1/31/22,12:00 PM M&C ReNew Official site of the City of Port worth,Texas CITY COUNCYL AGENDA Create New From This M&C DATE: 1/25/2022 REFERENCE**M&C 22- LOG 202022 INTERLOCAL AGREEMENT WITH NO.: 0069 NAME: TARRANT COUNTY PRECINCT 3 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$1,557,00.00 for Street Rehabilitation at Nine 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 $1,557,000.00 for street rehabilitation at nine locations (City Project No. 103808). DISCUSSION: In the Fiscal Year 2022 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 3 has agreed to enter into an Interlocal Agreement for the rehabilitation of the streets shown in the table below. Under this agreement, Tarrant County will provide all necessary labor and equipment to perform this work and the City of Fort Worth (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. 103808). The locations covered under this agreement and the project budget information are in the tables below: Street Name Street Limits Block Avondale Haslet Rd Willow Springs Rd (North) - Sendera Ranch Blvd 1090-1699 Westport Parkway 600 ft east of IH 35W to Old Denton Rd 2900-2999 Keller Haslet Rd Old Denton Rd to Beach St 3000-3399 Keller Haslet Rd Ponderosa Beach St-Alta Vista Rd 3400-3699 Old Denton Rd Keller Hicks Rd to Coyote Ridge Dr 11400-11799 Sunset Circle N Caylor Rd- N Caylor Rd 4700-4900 Mistys Run Keller Hicks Rd- Old Denton Rd 2900-11499 Oak Haven Dr Katy Rd to Dead End 5400-5599 Oak Leaf Trail Oak Haven Dr- West Caylor Rd 12400-12499 Description Amount Design $ 0.00 apps.cMmt.org/council_paclet/mc_reuew.asp?ID=29621&counciIdate=1/25/2022 1/2 1/31/22,12:00 PM M&C Renew Construction material and traffic control $1,557,000.00 Project management, Inspection, and Contingencies $ 0.00 Total: $1,557,000.00 The project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the 2022 Interlocal Agreement w/TC 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 ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 202022 INTERLOCAL AGREEMENT WITH TARRANT COUNTY PRECINCT 3 funds availability_pdf (CFW Internal) 2022 ILA Project- Map 1.pdf (Public) 2022 ILA Project- Map 2.pdf (Public) 2022 ILA FY2022 FID Table.xlsx (CFW Internal) ILA Agreement - Fort Worth - FY 2022(dwbRL12.23.21).docx (CFW Internal) apps.cfvmt.org/council_paclet/nic_reuew.asp?ID=29621&councildate=1/2512022 2/2