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Home My WebLink AboutContract 59656CSC No. 59656 THE STATE OF TEXAS 2023 INTERLOCAL AGREEMENT COUNTY OF TARRANT Precinct 1 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 Winters Street located within the City of Fort Worth, from (Williams Road to Sandy Lane) (Approximately 1,482 Linear Feet — 4,281 Square Yards). • Full Depth Reclamation for Helmick Avenue located within the City of Fort Worth, from (Halloran Street to Bryant Irvin Road) (Approximately 966 Linear Feet — 3,005 Square Yards). • Full Depth Reclamation for Littlepage Street located within the City of Fort Worth, from (Humbert Avenue to Helmick Avenue) (Approximately 690 Linear Feet —2,147 Square Yards). • Full Depth Reclamation for Farnsworth Avenue located within the City of Fort Worth from (Littlepage Street to Bryant Irvin Road) (Approximately 565 Linear Feet — 2,072 Square Yards). 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 1 of 5 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 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. 2. CITY RESPONSIBILITY 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: $260,000.00). 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 $9,450.00). 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 $37,300.00). 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 $2,600.00). 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 $39,000.00). 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 $1,650.00). 2.7 The CITY will adjust all utilities, manholes and valve boxes necessary to construct any and all parts of this Project. 2of5 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. 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. 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. 3. 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. 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 3 of 5 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. 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. 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 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. 4of5 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. TARRA IT XAS Tim O'Hare COUNTYJUDGE Date: J I -);W , '7n Roy Charles( ooks COMMISSIONER, PRECINCT 1 Date: i, - 7C)? --z, CITY OF FORT WORTH william o nson m .22o�22con William Johnson ASSISTANT CITY MANAGER Date: May 2, 2023 r Lauren Prieur (May2,2 2309M CDT) Lauren Prieur, P.E. DIRECTOR, T/PW DEPARTMENT Date: May 2, 2023 _ c� 4 FoarZWIQ4 �oa°o Attest:° _° aea4 R TEl(p5 ap �n44644 Jannette S. Goodall City Secretary APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY �DBIa�2, 202315:03 CDT) Criminal District Attorney's Office* Douglas W. Black Sr. Assistant City Attorney M&C No. 23-0319 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 5 of 5 2023 INTERLOCAL AGREEMENT WITH TARRANT COUNTY — PRECINCT 1 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. xwzamw Riad Nusrallah Sr. Professional Engineer F4RTWDRTH. 2023 ILA Project Location - Precinct 1 nN CD 3/Future CD 6 ® .ai ' r-"p.�a', r` ! `�i.-._ • - .4. - b - t LIBBEYAVENUE *;± ® • •' BLACKMORE AVENUE Df a\� _ o w I� w e� A H MBERTAVENUE z - w U i > • Qn numb Imm - u �` • " r�� M 4_ w I�� t• now i FA RNSWORTHAVENUE a 1 0 I HELMICKAVENUE u w HEL_MICKAVENUE' Z r "y ¢ u) �Ka w co•i' Olt. - ADA %� T CARVERiDRIVE ,M d • wjyr hr�.'. �.� T ' 4 r FERNANDER DRIVE `✓ �'- •• q . _ $� BRYANT IRVIN COURT @d }.. LINCOLN TERRACE DRIVE ` NVI �' ,,gi�pp � - II � . � �� ; •� ep"�, "T �COMODRIVE z"wx *° ;, u) t ! STREET BLOCK STREET LIMITS MAPSCO CD LENGTH WIDTH AREA (SY) LM Farnsworth Ave 5900 - 5999 Littlepage St - Bryant Irvin Rd 74V District 2 565 33 2070 0.27 Helmick Ave 5800 -5999 Halloran St -Bryant Irvin Rd N 74V District 3 966 28 3005 0.39 Littlepage St 4300 -4499 Humbert Ave -Helmick Ave 74V District 3 690 28 2147 0.28 F4RTWORTH. 2023 ILA Project Location - Precinct 1 /N (CD 5 W . • H'. bECO ¢ I t_T�rr r+rT, rim} sy W ,L• • �¢I I ` All �tr_ j_ ' I �=kRETRIEV'ER�L+A�NE� ;W a � k i 9 w w"`'+ gj 40 �• OLD RANDOL MILL ROAD Z o D ROLLING STO wNE" f' ST>w & i sue'• �L� Q > O ✓,�.. Lu =I' �L , r 1 i'.� Pew it- LL LU OJ .LU 'wo R^�FOREST�DRIVE f .` O n N sTONE,s�+�_,� �ffj��t� _rlf��r� -+c,m LJ ,r vJj prcn�Df MANHAT'TANBOULEVARD roN� U 'a1 RAJ.".: • ...�y ,$'4y.n ;:. , � f 4 .N -_�y, O I SUNFWER CIRCLE IA -�� • i-j� �t w m LOt, of NI >> J STREET BLOCK STREET LIMITS Winters St 7200 -7399 Williams Rd -Sandy Ln n� J F :OAKS DRIVE w n` ws=S Vr. zo :r .ki 2R RIVER ROAD n MAPSCO CD LENGTH WIDTH AREA (SY) LM 66Q District 5 1482 26 4281 0.56 CITY COUNCIL AGENDA Create New From This M&C DATE: 4/25/2023 REFERENCE **M&C 23- LOG NAME NO.: 0319 CODE: C TYPE: CONSENT PUBLIC HEARING: F#RTWORTII 2023 INTERLOCAL AGREEMENT TARRANT COUNTY PRECINCT-1 NO SUBJECT: (CD 3 / Future CD 6 and CD 5) Authorize Execution of an Interlocal Agreement with Tarrant County with City Participation in the Amount of $350,000.00 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 $350,000.00 for street rehabilitation at four locations: Farnsworth Avenue, Helmick Avenue, Littlepage Street and Winters Street (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 1.50 lane miles on four street segments. Tarrant County Precinct 1 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 15900-5999 Block Lane Mile Cost (Farnsworth Ave Littlepage Street - Bryant Irvin Road I 0.27 $63,000.00 Helmick Ave Halloran Street - Bryant Irvin Road 5800-5999 0.39 $91,000.00 Littlepage St. Humbert Avenue - Helmick Avenue 14300-4499 I 0.28 $65,333.00 Winters Street Williams Road - Sandy Lane 17200-7399 1 0.56 $130,667.00 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 3 / FUTURE COUNCIL DISTRICT 5 and 6. 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 Fund DepaDtment Account Project Program Activity BYear udget (Refere c # Amount FROM Fund DepaDtment Account ProjectiProgram Activity BYear udget (Referenc # Amount Submitted for Citv Manaaer's Office bw William Johnson (5806) Oriainatina Department Head: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 2023 INTERLOCAL AGREEMENT TARRANT COUNTY PRECINCT-1 funds availabilitv.Ddf (CFW Internal) Como Area.odf (Public) FID Table 104319.xlsx (CFW Internal) Winters St.adf (Public)