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Home My WebLink AboutContract 43323err sr� L%3Z �ailiw- THE STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT FOR THE RECONSTRUCTION OF BOWMAN ROBERTS ROAD, FROM TEXAS SHINER ROAD TO WEST BAILEY BOSWELL ROAD, BOWMAN ROBERTS ROAD FROM THE TEN MILE BRIDGE ROAD TO THE PAVEMENT CHANGE, OLD DECATUR ROAD FROM FORT WORTH/SAGINAW CITY LIMIT NORTH TO THE COUNTY LINE, OLD WEATHERFORD ROAD FROM CHAPEL CREEK ROAD WEST TO NEW PAVEMENT AND PREMIER STREET FROM N. SYLVANIA TO DEAD END This Agreement is between Tarrant County, Texas ("COUNTY") acting by and through its duly authorized County Commissioner Court, and the City of Fort Worth, Texas ("CITY") acting through its duly authorized Assistant City Manager. WHEREAS, the Interlocal Cooperation Act, (Texas Government Code Section 791.001 et seq.) provides legal authority for this Agreement; and WHEREAS, 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 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 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. NOW, THEREFORE, the COUNTY and CITY agree as follows: OFFICIAL RECORD TERMS AND CONDITIONS CITY SECRETARY 1. PROJECT DESCRIPTION AND SCOPE OF WORK FT. WORTH, TX 1.1 The project is identified as the reconstruction and resurfacing of: • Bowman Roberts Road: Bowman Roberts Road from Texas Shiner Road to West Bailey Boswell Road (approximately 12,251 linear feet, 20-24 feet wide, and 3.79 lane miles). 06-Y1 8-1 2 P02:35 IN • Bowman Roberts Road: Bowman Roberts Road from the Ten Mile Bridge Road to the pavement change (approximately 1,817 linear feet, 20 feet wide, and 0.53 lane miles). • Old Decatur Road: Old Decatur Road from Fort Worth/Saginaw city limit north to the County Line (approximately 885 linear feet, 26 feet wide, and 0.34 lane miles). • Old Weatherford Road: Old Weatherford Road from Chapel Creek Road west to New Pavement (approximately 3,660 linear feet, 20 feet wide, and 1.07 lane miles). • Premier Street: Premier Street from N Sylvania to Dead End (approximately 1,930 linear feet) 1.2 The project will reclaim the existing asphalt pavement, stabilize with 5% cement, and re -grade it for the roadbed, and resurface with a 2 inch HMAC binder course and a 2 inch HMAC surface. 2. COUNTY RESPONSIBILITY 2.1 The COUNTY will furnish the labor and equipment necessary to reconstruct Bowman Roberts Road, Old Decatur Road, and Old Weatherford Road as described above. Premier Street from North Sylvania to Dead End. 2.2 The COUNTY will coordinate the utility line locates before construction begins by utilizing Dig Tess or a similar service. 2.3 The COUNTY will monitor and coordinate the maintenance of the Storm Water Pollution Prevention Plan. 3. CITY RESPONSIBILITIES 3.1 The CITY agrees to pay the total cost of the materials for Bowman Roberts Road, Old Decatur Road, and Old Weatherford Road, Premier Street from North Sylvania to Dead End reconstruction at an estimated cost not to exceed $705,864. 3.2 The CITY will furnish necessary traffic controls during the construction phase of the projects at an estimated cost not to exceed $5,000. 3.3 If a Storm Water Pollution Prevention Plan is required, the CITY will pay for all cost (including subcontractor materials, labor and equipment) associated with the implementation of the Plan at an estimated cost not to exceed $5,000. 3.4 If required the CITY will furnish all right of way plans, engineering drawings, and specifications 3.5 The CITY will coordinate, negotiate and pay for applicable utility relocation costs. 3.6 City will saw cut and remove and haul off failed concrete pavement section from Premier Street. 4. PROCEDURES DURING PROJECT If the CITY has a complaint regarding the construction of the project, the CITY must inform the County in writing within 30 days of project completion. The County is responsible for the maintenance of the project within the first 30 days after completion of the project. Upon expiration of 30 days after the project completion, the CITY becomes responsible for the maintenance of the project. 5. 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. 6. OPTIONAL SERVICES 6.1 The COUNTY will furnish flag persons, if necessary. 7. 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. 8. NO 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 anyone claiming third party beneficiary rights. 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. JOINT VENTURE & AGENCY The relationship between the parties to the 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. 10. TERMINATION OF AGREEMENT This Agreement shall automatically terminate upon completion of the project or one (1) year from the date of this agreement, whichever is first. This Agreement may be renewed prior to its expiration upon the mutual consent of the parties. This Agreement is effective upon the date written by the last party to sign. COUNTY OF TARRANT B. Glen Whitley, Co4Ju Date: Commission r recinct 4, JD Johnson CITY OF FORT WORTH '-?- 4�� Fernando Costa, Assistant Manager Date: Recommended for Approval: /C li G✓ 1"." / Dougl W. Wiersig, P.E. Director, T/PW Departmen 6 Attest: Attest: ZlptKI a ry J Ka r, City Secr a; ' APPROVED AS TO FORM ASSISTANT jTRICT ATTORNEY APPROVED AS TO FORM AND LEGALITY Doug Black Assistant City Attorney *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/1/2012 DATE: Tuesday, May 01, 2012 REFERENCE NO.: **C-25580 LOG NAME: 201LA-BOWMAN ROBERTS RD SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of $705,864.00 for Reconstruction of Bowman Roberts Road, Old Decatur Road, Premier Street and Old Weatherford Road with City of Fort Worth Participation (COUNCIL DISTRICTS 3, 4 and 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Interlocal Agreement with Tarrant County for Reconstruction of Bowman Roberts Road, Old Decatur Road, Premier Street and Old Weatherford Road with City of Fort Worth participation in the amount of $705,864,00 which includes furnishing all necessary materials, traffic control and other incidentals. DISCUSSION: In Fiscal Year 2011-2012 Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract types, including Interlocal Agreements with other governmental entities. At the request of Staff, Tarrant County has agreed to enter into an Interlocal Agreement for the reconstruction of Bowman Roberts Road from Texas Shiner Road to West Bailey Boswell Road, Bowman Roberts Road from the Ten Mile Bridge Road to the pavement change, Old Decatur Road from Fort Worth/Saginaw City limit north to the County Line, Premier Street from Sylvania Avenue North to dead end, and Old Weatherford Road from Chapel Creek Road west to new pavement. These projects will be funded from the Contract Street Maintenance Fund. Under the 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, traffic controls and other incidentals. The City will also have the existing failed concrete pavement on Premier Street removed by a separate contract at an estimated cost of $25,000.00. Additionally, the City agrees to closing of the road to through traffic for the duration of the project or as deemed necessary by Tarrant County. This project is located in COUNCIL DISTRICTS 3, 4 and 7. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. FUND CENTERS: TO Fund/Account/Centers Logname: 20ILA-BOWMAN ROBERTS RD Page 1 of 2 FROM Fund/Account/Centers C293 523010 207600189880 $700,864.00 C293 539120 207600189880 $5,000.00 CERTIFICATIONS: Submitted for Citv Manager's Office bv: Fernando Costa (6122) Oriainatina Department Head: Douglas W. Wiersig (7801) Additional Information Contact: George A. Behmanesh (7914) ATTACHMENTS 1. 201LA BOWMAN ROBERTS RD MAP01.odf (Public) 2. 201LA BOWMAN ROBERTS RD MAP02.r)df (Public) 3. 201LA BOWMAN ROBERTS RD MAP03.gdf (Public) 4. FAR - 201LA-Bowman Roberts Rd.gdf (CFW Internal) Logname: 20ILA-BOWMAN ROBERTS RD Page 2 of 2