HomeMy WebLinkAboutContract 46222THE STATE OF TEXAS
CITY SECRETAIW /
CONTRACT NO. ~{JJz z Z-
INTERLOCAL AGREEMENT
COUNTY OF TARRANT
BACKGROUND
This Inter-local Agreement is between County of Tarrant ("COUNTY"), and
the City of Fort Worth ("CITY");
Sections 791.001 -791 .029 of the Texas Government Code provide legal
authority for this Agreement ;
During the performance of the governmental functions and the payment
for the performance of those governmental functions the parties will make the
performance and payment from current revenues legally available to that party ;
and
The Commissioners Court of the COUNTY and the City Council of the
CITY each find :
a . This Agreement serves the common interest 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 COUNTY have authorized their representative to
sign this Agreement.
The Parties therefore agree as follows :
TERMS AND CONDITIONS
1.1 COUNTY RESPONSIBILITY
COUNTY will furnish the labor and equipment for the following project:
This project is identified as the reconstruction and cement stabilization :
Silver Creek Road: Silver Creek Road from the Live Oak Bridge to the
Silver Creek Bridge (approximately 166,400 sq . ft.).
1.2 The project w i ll consist of pulverizing the existing asphalt pavement and
reclaim to a depth of 8 ", stabilize with 3% cement , and re -grade it for the
roadbed.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2. CITY RESPONSIBILITY
2.1 CITY will furnish all materials for the project and pay trucking
charges .
2.2 CITY will furnish a site for dumping waste materials generated
during this project.
2 .3 CITY will furnish all rights of way, plan specifications and
engineering drawings .
2.4 CITY will furnish necessary traffic controls including Type A
barricades to redirect traffic flow to alternate lanes during the
construction phase of the project; and
2.5 CITY will provide temporary driving lane markings.
2 .6 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 .
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 within 30 days of project completion .
Upon expiration of 30 days after project completion, the CITY becomes
responsible for maintenance 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 immunity .
5. OPTIONAL SERVICES
5.1 If requested by CITY, the COUNTY may apply permanent striping ;
5.2 If necessary , CITY will furnish flag persons ;
5.3 If required , the CITY will pay for engineering services , storm water
run-off plans, and continuation of services and plan;
2
5.4 If a Storm Water Prevention Plan is provided by CITY , COUNTY
will be responsible for the implementation and maintenance of the
Plan during the duration of the project.
5.5 If requested by COUNTY , the CITY will furnish replacement teeth
for the re-claimer with an estimated cost not to exceed $2 ,265 .
6. TIME PERIOD FOR COMPLETION
CITY will give the COUNTY notice to proceed at the appropriate time . However,
COUNTY is under no duty to commence construction at any particular time.
7. THIRD PARTY
The parties do not enter into this agreement to protect any specific third party .
The intent of this agreement excludes the idea of a suit by a third party
beneficiary . The parties to this agreement do not consent to the waiver of
sovereign immunity under Texas law to the extent any party may have immunity
under Texas 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.
COUNTY OF TARRANT
cJ1!/(Jf, ~~
Date : / /-c2 .?·o't:>/r'
C~RECINCT FOUR
J .D . JOHNSON
Attest:
ub bi:kck-, ~l~
APPROVED AS TO FORM*
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
3
CITY OF FORT WORTH
Authorized City Official
Date : 11/13 (!_4 •
Attest:
APPROVED AS TO FORM AND
LEGALITY
ASSISTANT CITY ATTORNEY
V\11. i c. C -? 'fv6 '8
l/-lf -11
*Bylaw, the District Attorney's Office may only approve contracts for its clients.
We reviewed this document from our client's legal perspective. Other parties may
not rely on this approval. Instead those parties should seek contract review from
independent counsel.
4
M&C Review Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
FORT WORTH
-~
COUNCIL ACTION: Approved on 11/4/2014
DATE: 111412014 REFERENCE
NO.:
CODE: C TYPE:
**C-27068 LOG NAME:
PUBLIC
CONSENT HEARING:
20SILVER CREEK ROAD
INTERLOCAL AGREEMENT
NO
SUBJECT: Authorize as Part of the 2014 Bond Program Execution of an lnterlocal Agreement with
Tarrant County for Construction Services Associated with the Rehabilitation of Silver
Creek Road from Silver Creek Bridge to Live Oak Bridge with City Participation in an
Amount Not to Exceed $10 ,000 .00 (COUNCIL DISTRICTS 3 and 7)
RECOMMENDATION:
It is recommended that the City Council authorize as part of the 2014 Bond Progarm the execution of
an lnterlocal Agreement with Tarrant County for construction services associated with the
rehabilitation of Silver Creek Road from Silver Creek Bridge to Live Oak Bridge with City participation
in an amount not to exceed $10 ,000 .00.
DISCUSSION:
The Texas Department of Transportation (TXDOT) has plans to replace the Live Oak Bridge and
Silver Creek Bridge along Silver Creek Road . Construction of the Silver Creek Bridge is scheduled to
begin November 2014 . Silver Creek Road w ill be closed to through traffic while the Silver Creek
Bridge is under construction .
The 2014 Bond Program included funding for the rehabilitation of Silver Creek Road from '/Vhite
Settlement ISO to Silver Creek/City Limits . The City intends to rehabilitate a portion of Silve r Creek
Road while the road is closed to traffic to minimize the d isruption to the citizens . The portion to be
rehabilitated during this phase will be approximately between the two bridges and is within the lim its
of Silver Creek Road identified in the 2014 Bond Program . The anticipated cost of this project is
$350 ,000 .00 (including the cost related to this ILA) with the majority of the work being performed by
City forces or under existing City purchasing agreements or task-based contracts .
To accommodate an accelerated schedule and at the request of Staff, Tarrant Gounty has agreed to
enter into an lnterlocal Agreement to pulv erize and stabi li ze the subgrade of Silver Creek Road
between Live Oak Bridge and Silver Creek Bridge. Under the Ag reement, Tarrant Coun t y w ill provide
all necessary labor and equipmen t to perform this work with an option to request an amount not to
exceed $2 ,265 .00 for miscellaneous equipment replacement cos t s . An additional amount of
$7 ,735.00 for conting e nci es is being requested to cover otner ·optional services that may be
performed by Tarrant County . The City will provide materia ls , trucking , traffic controls and other
incidentals .
Available resources within the General Fund will be used to provid e in terim financing for th ese
ex penses until debt is issued . Once debt associated with this project is sold , bond proceeds will
reimburse the General Fund in ac cordance with the statement ex pressing official intent to reimb urse,
that was adopted as part of the ordinance canvassing t he bond el ec tion Ordinance No . 2 1241-05-
2014 .
This p ro ject is located in COUNCIL DISTRICTS 3 a nd 7.
http ://apps.cfwnet.org/counci l_packet/mc_review.asp?ID =20448&councildate=l l /4/20l4 11 /5/2014
M&CReview Page 2 of2
-' .-.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are included in the Fiscal Year 2015
adopted Budget of the 2014 Bond Program per Ordinance No . 21457-09-2014 and funds are
available in the Gene ral Fund to pay expenses which will be incurred by this Agreement until
reimbursement can occur from the issuance of public securities .
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
C210 5 39120 207230210180 $10 .000 .00
Fernando Costa (6122)
Douglas W . W iersig (7801)
Roy Teal (7958)
ATIACHMENTS
Silver Creek Rd MC (3).pdf
http ://apps.cfwnet.org/council packet/me review.asp?ID =20448&councildate= 11 /4/2014 11/5/20 14