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Home My WebLink AboutContract 59813CSC No. 59813 CITY OF FORT WORTH INTERLOCAL AGREEMENT WITH THE CITY OF BENBROOK This Interlocal Agreement is between the City of Benbrook, Texas, and the City of Fort Worth, Texas. WHEREAS, the City of Benbrook is requesting the city of Fort Worth's assistance to perform the following: • Full Depth Reclamation of Lakeside Dr. located within the City of Benbrook from Winscott Road to the City limit (Approximately 210 linear feet), as depicted on "Exhibit A" attached hereto and incorporated herein, hereinafter referred to as the "Project"; and WHEREAS, Fort Worth has a project to repave Lakeside Drive (CPN 104269) expected to commence in July 2023; 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 City Council of the City of Benbrook and the City of Fort Worth each make the following findings: a. This Agreement serves the common interests of both parties; b. This Agreement will benefit the public; C. The costs fairly compensates both parties to this Agreement; and d. The City of Benbrook and the City of Fort Worth have authorized their representatives to sign this Agreement. NOW, THEREFORE, in consideration of the above -stated recitations and the covenants below, the City of Fort Worth and the City of Benbrook agree as follows: TERMS AND CONDITIONS 1. CITY OF FORT WORTH RESPONSIBILITY City of Fort Worth will utilize its vendor to mill and remove excess materials; reclaim and stabilize 8-inches of the exposed subgrade, regrade, shape, and prime the stabilized roadbed; place three inches of asphalt surface; clean the project of excessive spoil materials; pavement marking stripe with 6-inch double yellow center lines, and 6-inch solid white edge lines. 2. CITY OF BENBROOK RESPONSIBILITY The City of Benbrook will pay for the actual cost of repaving the segment within the City of Benbrook limits plus the cost of pavement marking and the additional of 10% of total cost for inspection, soil lab testing, and project management (Estimated Cost $35,626) OFFICIAL RECORD Page 1 of 3 CITY SECRETARY FT. WORTH, TX 3. NO WAIVER OF IMMUNITY This Agreement does not waive the City of Fort Worth rights under the legal theories of governmental or sovereign immunity. This Agreement does not waive the City of Benbrook rights under the legal theories of sovereign or governmental immunity. 4. OPTIONAL SERVICES NA 5. TIME PERIOD FOR COMPLETION Fort Worth makes no guarantee as to its completion date but will endeavor to cause the work to be performed as quickly as reasonably possible. 6. 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. 7. 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. 8. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 9. 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 of Benbrook remains liable to the City of Fort Worth for any outstanding invoice for materials that the City of Fort Worth provides for the project, if any. This Agreement may be renewed or extended prior to its expiration upon the mutual written consent of the parties. 10. DISCLOSURE The City of Benbrook 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. Page 2 of 3 CITY OF BENB K, TEXAS Jason ` May Date: � • 6 Z ?, Attest: ing cretary APPROVED AS TO FORM CITY OF FORT WORTH, TEXAS William Johnson( 20, 202315:54 CDT) William Johnson Assistant City Manager Date: Jul 20, 2023 Lauren Prieur, P.E. Director, T/PW Department ean oQ FORT ��A a � � oo Attest: V ad44 aEXASo41 Jannette S. Goodall City Secretary APPROVED AS TO FORM AND LEGALITY p i DBfack (Jul 20 202308:23 CDT) Douglas W. Black Sr, Assistant City Attorney M&C: N/A Page 3 of 3 OFFICIAL RECORD 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, including ensuring all performance and reporting requirements. Iretomiwa Otuyelu Project Manager Items 8" Pavement Pulverization Asphalt Pavement Type D Cement Modification 6" Solid Thermoplastic (HAC) Lane Line 6" Solid Thermoplastic (HAC) Center Line Right turn arrow Left turn Arrow Quantity Unit Unit Price Cost 700 SY $ 9.00 $ 6,300.00 700 SY $ 24.25 $ 16,975.00 9 TN $ 225.00 $ 2,025.00 1700 LF $ 2.10 $ 3,570.00 1400 LF $ 2.10 $ 2,940.00 1 EA $ 288.75 $ 288.75 1 EA $ 288.75 $ 288.75 Material $ 32,387.50 10% Inspection, Lab, Management $ 3,238.75 Total Cost $ 35,626.2S FORT WORTH. Ir— p r Mvp�Y� �ilp I • 4 ' •�_ I q'I l l rti ' IM klubdo P` F vt—_ •X• LAKESIDE DRIVE CONSTRUCTION PROJECT • % s � t � � �s ++ e ILA regarding this segment within the City of Benbrook Ap- '=. ice► s itIf 1' 40 Street Construction Project I ' 'th' th C't f FT W th '' 4" vv in e i y o or „. I t ry 104269-CNIA-FW & Benbrook for Lakeside Dr Final Audit Report 2023-07-10 Created: 2023-07-10 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAA7MICTfBdCckcFJUc eczH-ekrZmHdAHr "104269-CNIA-FW & Benbrook for Lakeside Dr" History Document created by Andrea Munoz (Andrea. Mu noz@fortworthtexas.gov) 2023-07-10 - 3:33:22 PM GMT- IP address: 204.10.90.100 Document emailed to ann.estes@fortworthtexas.gov for filling 2023-07-10 - 3:43:53 PM GMT Document emailed to Riad.Nusrallah@fortworthtexas.gov for signature 2023-07-10 - 3:43:53 PM GMT Email viewed by ann.estes@fortworthtexas.gov 2023-07-10 - 4:48:48 PM GMT- IP address: 204.10.90.100 Document canceled by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2023-07-10 - 5:20:40 PM GMT- IP address: 204.10.90.100 FORTWORTHy I P—ed6Y Adobe Acrobat Sign 104269-CNIA-FW & Benbrook for Lakeside Dr Final Audit Report 2023-07-17 Created: 2023-07-10 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAAOeRNI 54eXctLleDxQbP1kRhRQeFnQOf "104269-CNIA-FW & Benbrook for Lakeside Dr" History Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2023-07-10 - 5:33:13 PM GMT- IP address: 204.10.90.100 Document emailed to ann.estes@fortworthtexas.gov for filling 2023-07-10 - 5:41:11 PM GMT Document emailed to Iretomiwa.Otuyelu@fortworthtexas.gov for signature 2023-07-10 - 5:41:12 PM GMT Document emailed to Riad.Nusrallah@fortworthtexas.gov for filling 2023-07-10 - 5:41:12 PM GMT Email viewed by Iretomiwa.Otuyelu@fortworthtexas.gov 2023-07-10 - 5:41:28 PM GMT- IP address: 204.10.90.100 Signer Iretomiwa.Otuyelu@fortworthtexas.gov entered name at signing as Iretomiwa Otuyelu 2023-07-10 - 5:43:53 PM GMT- IP address: 204.10.91.100 Document e-signed by Iretomiwa Otuyelu (Iretomiwa.Otuyelu@fortworthtexas.gov) Signature Date: 2023-07-10 - 5:43:55 PM GMT - Time Source: server- IP address: 204.10.91.100 Email viewed by ann.estes@fortworthtexas.gov 2023-07-10 - 6:01:41 PM GMT- IP address: 204.10.90.100 Signer ann.estes@fortworthtexas.gov entered name at signing as Ann Estes 2023-07-10 - 6:02:40 PM GMT- IP address: 204.10.90.100 Form filled by Ann Estes (ann.estes@fortworthtexas.gov) Form filling Date: 2023-07-10 - 6:02:42 PM GMT - Time Source: server- IP address: 204.10.90.100 Document shared with Filogonio.Munoz@fortworthtexas.gov by Andrea Munoz (Andrea. M unoz@fortworthtexas.gov) 2023-07-10 - 7:58:06 PM GMT- IP address: 204.10.90.100 FoRTWORTH, I P—e'b' Adobe Acrobat Sign Email viewed by Riad.Nusrallah@fortworthtexas.gov 2023-07-12 - 3:47:33 PM GMT- IP address: 204.10.91.100 Signer Riad.Nusrallah@fortworthtexas.gov entered name at signing as Riad Nusrallah 2023-07-12 - 3:48:50 PM GMT- IP address: 204.10.91.100 Form filled by Riad Nusrallah (Riad.Nusrallah@fortworthtexas.gov) Form filling Date: 2023-07-12 - 3:48:52 PM GMT - Time Source: server- IP address: 204.10.91.100 Document emailed to omar.elbagalati@fortworthtexas.gov for filling 2023-07-12 - 3:48:56 PM GMT Email viewed by omar.elbagalati@fortworthtexas.gov 2023-07-12 - 3:52:21 PM GMT- IP address: 172.58.108.48 Signer omar.elbagalati@fortworthtexas.gov entered name at signing as Omar Elbagalati 2023-07-12 - 9:43:47 PM GMT- IP address: 47.189.17.165 �= Form filled by Omar Elbagalati (omar.elbagalati@fortworthtexas.gov) Form filling Date: 2023-07-12 - 9:43:49 PM GMT - Time Source: server- IP address: 47.189.17.165 Document emailed to Mary.Hanna@fortworthtexas.gov for filling 2023-07-12 - 9:43:52 PM GMT Email viewed by Mary.Hanna@fortworthtexas.gov 2023-07-12 - 10:29:11 PM GMT- IP address: 204.10.90.100 Signer Mary.Hanna@fortworthtexas.gov entered name at signing as Mary Hanna 2023-07-13 - 12:58:47 PM GMT- IP address: 99.155.57.84 Form filled by Mary Hanna (Mary.Hanna@fortworthtexas.gov) Form filling Date: 2023-07-13 - 12:58:49 PM GMT - Time Source: server- IP address: 99.155.57.84 Document emailed to patricia.wadsack@fortworthtexas.gov for filling 2023-07-13 - 12:58:52 PM GMT Email viewed by patricia.wadsack@fortworthtexas.gov 2023-07-14 - 2:24:47 PM GMT- IP address: 204.10.90.100 Signer patricia.wadsack@fortworthtexas.gov entered name at signing as Patricia L. Wadsack 2023-07-14 - 2:27:33 PM GMT- IP address: 204.10.90.100 Form filled by Patricia L. Wadsack (patricia.wadsack@fortworthtexas.gov) Form filling Date: 2023-07-14 - 2:27:35 PM GMT - Time Source: server- IP address: 204.10.90.100 FoRTWORTH, I P—e'b' Adobe Acrobat Sign Document signing automatically delegated to Monty Hall (monty.hall@fortworthtexas.gov) by Lauren. Prieur@fortworthtexas.gov 2023-07-14 - 2:27:38 PM GMT Document emailed to Monty Hall (monty.hall@fortworthtexas.gov) for signature 2023-07-14 - 2:27:39 PM GMT Document emailed to Lauren.Prieur@fortworthtexas.gov for signature 2023-07-14 - 2:27:39 PM GMT Email viewed by Monty Hall (monty.hall@fortworthtexas.gov) 2023-07-14 - 4:33:14 PM GMT- IP address: 204.10.90.100 Document e-signed by Monty Hall (monty.hall@fortworthtexas.gov) Signature Date: 2023-07-14 - 4:37:29 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Priscilla.Ramirez@fortworthtexas.gov for approval 2023-07-14 - 4:37:30 PM GMT Document canceled by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2023-07-17 - 1:28:58 PM GMT- IP address: 204.10.90.100 FoRTWORTH, I P—e'b' Adobe Acrobat Sign FORTWORTH Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: ILA -FW &Benbrook for Lakeside Dr M&C N/A CPN 104269 CSO # DATE: 07/9/2023 TO: INITIALS 1. Ann Estes - review -1— AE 2. Riad Nusrallah - review e 3. Omar Elbagalati - reviewer 4. Mary Hanna - review N// 5. Patricia Wadsack - review PLW PLW 6. Lauren Prieur - signature 7. Doug Black - signature d wb 8. William Johnson - signature W4 9. Jannette Goodall - signature 774a- 10 TPW Contracts DOC# 1 DATE OUT J u l M 2023 J u 112, 2023 Jul 12, 2023 J u 113, 2023 J u 114, 2023 J u 114, 2023 Jul 20, 2023 Jul 20, 2023 Jul 20, 2023 DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ® No RUSH: ❑ Yes ® No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: ® Yes ❑ No Action Required: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Return To: please email riad.nusrallah(a),fortworthtexas.gov for pick up when completed