HomeMy WebLinkAboutContract 59570THE STATE OF TEXAS
CSC No. 59570
COUNTY OF TARRANT
INTERLOCAL AGREEMENT
Precinct 3
City Project Number 104319
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:
• Full Depth Reclamation for Old Denton Road (1) located within the city of Fort
Worth From 270' north of Overlock Creek Dr to Westport Pkwy (Approximately
1,110 linear feet).
• Full Depth Reclamation for Old Denton Road (2) located within the city of Fort
Worth from Westport Pkwy to Day Rd (Approximately 6,860 linear feet).
• Full Depth Reclamation for Elizabethtown Cemetery Road located within the city
of Fort Worth from Day Dr to Eagle Pkwy (Approximately 3,410 linear feet).
• Full Depth Reclamation for Keller Hicks Road located within the city of Fort Worth
from Lacy Lane to Harmon Road (Approximately 1,400 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; 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 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1. COUNTY RESPONSIBILITY
The COUNTY will furnish the labor and equipment to assist the CITY in completing the
Project:
COUNTY will utilize CITY vendor to mill and remove excess materials, the COUNTY will
reclaim and stabilize the exposed subgrade, regrade, shape, and prime the stabilized
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roadbed, place two inches of asphalt base, place two inches of asphalt surface, backfill
pavement edges (materials must be stockpiled or available within close proximity to the
project) and clean the project of excessive spoil materials.
11 CA:I *1111•1i6B1114110
2.1 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. (Estimated Material Cost not to exceed: $1,196,565)
2.2 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 at the
conclusion 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 $18,893).
2.3 The CITY will be responsible for all traffic control necessary to safely construct the project.
This responsibility includes all advance notices, signage, barricades, pilot vehicles, and
flagmen necessary to control traffic in and around the construction site. The CITY will be
responsible for and will provide portable message boards to supplement traffic control as
needed. The CITY will supply the COUNTY with a purchase order for the appropriate
traffic control vendor to cover project needs prior to mobilization of any equipment
(Estimated Cost up to $74,604).
2.4 The CITY will be responsible for providing or reimbursing the COUNTY for all temporary
and/or permanent striping required for the project (Estimated Cost up to $5,107).
2.5 The CITY will be responsible to provide the milling and removal of excess road base
materials for the project (Estimated Cost up to $111,818).
2.6 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 $3,300).
2.7 The CITY will adjust all utilities, manholes and valve boxes necessary to construct any
and all parts of this Project.
2.8 The CITY will provide the COUNTY with a hydrant meter and all water necessary for
construction of the Project at no cost to the COUNTY.
2.9 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.
2.10 CITY will notify and get clearance from other CITY utility departments and franchise
utilities prior to entering into agreement. If any of the utilities are shallow and must be
relocated, the CITY shall confirm the relocation is complete prior to scheduling the project.
2.11 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 as
needed.
2.12 The CITY shall remove or trim any overhanging limbs or brush that may interfere with
COUNTY equipment or progress prior to the start of the project.
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2.13 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.
CI
5.
6.
7.
Compliance with Laws. In providing the services required by this Agreement, City must
observe and comply with all applicable federal, state, and local statutes, ordinances, rules,
and regulations, including, without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, and non-discrimination laws and
regulations. City shall be responsible for ensuring its compliance with any laws and
regulations applicable to its business, including maintaining any necessary licenses and
permits
PROCEDURES DURING PROJECT
3.1 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.
If the complaint is found credible, the COUNTY will make said repair and bear the cost of
the repair. COUNTY will make said repair as soon as reasonably possible.
3.2 Upon expiration of 30 days after the project completion, the CITY will be solely responsible
for the maintenance and repairs of the entire project.
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.
OPTIONAL SERVICES
5.1 If mutually agreed by the CITY and the COUNTY, 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.
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.
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
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limitation of liability, responsibility, or damage of any party to this contract, parry'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 parry.
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 will automatically terminate on December 31, 2023, or on the date the
project is completed, whichever occurs first. 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
r
Tim O'Hare
COUNTYJUDGE
Date: _ c : n�, F� . 7()Z` ?
Gar�Fickes
COMMISSIONER, PRECINCT 3
Date:
CITY OF FORT WORTH
William Johnson
ASSISTANT CITY MANAGER
Date: May 2, 2023
.,9M-J7:
Lauren Prieur (May 2, 2023 09:00 CDT)
_ Lauren Prieur, P.E.
DIRECTOR, T/PW DEPARTMENT
Date: May 2, 2023
Attest:
Jannette S. Goodall
City Secretary
OFFICIAL RECORD
4 of 5 CITY SECRETARY
FT. WORTH, TX
APPROVED AS TO FORM"
Criminal District Attorney s Office*
APPROVED AS TO FORM AND LEGALITY
P
y 2, 2021 15:13 CDT)
Douglas W. Black
Sr. Assistant City Attorney
M&C No. 23-0318 M&C Date: 4/25/2023
* 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.
5 of 5
2023 INTERLOCAL AGREEMENT WITH TARRANT COUNTY — PRECINCT 3
City Project Number 104319
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.
,'Qla9low"
Riad Nusrallah
Sr. Professional Engineer
LV43 ILA rrecinci-3 Kenaminailon rrojeci
(CD 7/Future CD 10)
Block
Street Limits
Keller Hicks Road - 1400 feet south of Keller Hicks Road 11300 -11599
ZU23 ILA Precinct-3 Rehabilitation Project
(CD 7/Future CD 10)
jp�
00
Street Limits
Block
Road Day Road - Eagle Pkwy 14200 - 14899
Westport Pkwy - Day Road
260 ft north of Overlook Creek Drive - Westport Parkway
13500 - 14299
13250 - 13499
Official site of the City of Fort Worth, Texas
1' #'
COUNCILCITY AGENDA
Create New From This M$C
DATE: 4/25/2023 REFERENCE **M&C 23- LOG NAME:
NO.: 0318
CODE: C TYPE: CONSENT PUBLIC
HEARING:
2023 INTERLOCAL
AGREEMENT TARRANT
COUNTY PRECINCT -3
NO
SUBJECT: (CD 7 / Future CD 10) Authorize Execution of an Interlocal Agreement with Tarrant County
with City Participation in the Amount of $1,416,886.00 for Street Rehabilitation at Four
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 $1,416,886.00 for street rehabilitation at four locations:
Elizabeth Cemetery Road, two locations along Old Denton Road and Harmon Road (City Project No.
104319).
DISCUSSION:
In the Fiscal Year 2023 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. This Mayor and Council Communication (M&C) will provide street rehabilitation for
approximately six lane miles on four street segments.
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.
104319).
The locations covered under this agreement and the project budget information are in the tables below:
Street Name
Street Limits
Block cost
Elizabethtown Cemetery Road Day Road- Eagle Pkwy 14200-14899 $419,981.81
Old Denton Road Westport Pkwy- Day Road 13500-14299 $663,129.17
Old Denton Road 260ft. North of Overlook Creek Drive- Westport Pkwy 13250-13499 1$198,938.75
Harmon Road Keller Hicks Road- 1400ft. South of Keller Hicks Road 11300-11599 $134,836.27
Construction for this project is expected to start in May 2023 and be completed by December 2023. Upon
completion of the project there will be no anticipated impact on the General Fund operating budget.
Funding is budgeted in the TPW Highway & Streets Department's General Capital Projects Fund for the
purpose of funding the 2023 Interlocal Agreement TC project, as appropriated.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or
public institution of higher education: Tarrant County
The project is located in COUNCIL DISTRICT 7/FUTURE COUNCIL DISTRICT 10.
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 2023 Interlocal Agreement 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
Department Account Project
Fund ID ID
FROM
Department Account Project
Fund ID ID
Submitted for Citv Manager's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Program Activity Budget Reference # Amount
g y Year (Chartfield 2)
Program Activity Budget Reference # Amount
g Y Year (Chartfield 2)
William Johnson (5806)
Lauren Prieur (6035)
Monty Hall (8662)
ATTACHMENTS
2023 INTERLOCAL AGREEMENT TARRANT COUNTY PRECINCT-3 funds
availabilitv.pdf (CFW lntemal)
FID Table 104319(3).xlsx (CFW Internal)
Haromn Rd Map.pdf (Public)
Old Denton Rd Elizabethtown Center Rd Map.pdf (Public)
104319-EPIA-2023 Interlocal Agreement,
Precinct 3
Final Audit Report
Created:
By:
Status:
Transaction ID
2023-04-29
Andrea Munoz(Andrea.Munoz@fortworthtexas.gov)
Canceled / Declined
CBJCHBCAABAADeGeF2yCXAAFHfP22RTPTTFogstx_Eqm
2023-05-02
"104319-EPIA-2023 Interlocal Agreement, Precinct 3" History
Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
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Approval of a Project for an Interlocal Agreement Between
Tarrant Couny', 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:
• Full Depth Reclamation for Old Denton Road (1) located within the city of Fort
Worth From 270' north of Overlock Creek Dr to Westport Pkwy (Approximately
1,110 linear feet).
• Full Depth Reclamation for Old Denton Road (2) located within the city of Fort
Worth from Westport Pkwy to Day Rd (Approximately 6,860 linear feet).
• Full Depth Reclamation for Elizabethtown Cemetery Road located within the city
of Fort Worth from Day Dr to Eagle Pkwy (Approximately 3,410 linear feet).
• Full Depth Reclamation for Keller Hicks Road located within the city of Fort Worth
from Lacy Lane to Harmon Road (Approximately 1,400 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.
B c -' - Date:
Y: - —
Presiding Officer of the Tarrant County Commissioners Court