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HomeMy WebLinkAboutContract 61929q3-140 CSC No. 61929 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT 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: • Rehabilitate and Resurface Day Road located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from 600 feet East of Old Denton Road to the dead end (Approximately 1,630 linear feet). Estimated cost not to exceed $160,000. • Rehabilitate and Resurface John Day Road located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from Fort Worth City Limits to Barnwood Road (Approximately 2,450 linear feet). Estimated cost not to exceed $240,000. 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX C. The division of costs fairly compensates both parties to this Agreement; and d. The CITY and the COUNTY have authorized their representative to sign this Agreement. e. Both parties acknowledge that they are each 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. NOW, THEREFORE, the COUNTY and the CITY agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project: • Rehabilitate and Resurface Day Road located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from 600 East feet of Old Denton Road to Dead End (Approximately 1,630 linear feet). Estimated cost not to exceed $160,000, • Rehabilitate and Resurface John Day Road located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from Fort Worth City Limits to Barnwood Road (Approximately 2,450 linear feet). Estimated cost not to exceed $240,000 2. CITY RESPONSIBILITY 2.1 The CITY will furnish and pay for the actual cost of the materials, including any delivery or freight cost. The CITY will provide a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the CITY for incidental material cost. 2.2 The CITY will pay for one-half of the COUNTY's fuel used to construct this Project. The COUNTY will invoice the CITY for the fuel consumed at the conclusion of the Project. 2.3 The CITY will be responsible for all traffic control necessary to safely construct this project. This responsibility includes all advance P) notices, signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site. The CITY will be responsible for and provide portable message boards to supplement traffic control as needed. 2.4 The CITY will remove the existing surface and make any necessary roadway repairs and preparations prior to the COUNTY starting work. 2.5 The CITY will adjust all utilities, manholes and valve boxes for this Project. 2.6 The CITY will provide the COUNTY with a hydrant meter and all the water necessary for construction of the Project at no cost to the COUNTY. 2.7 The CITY will provide or pay for any engineering, survey, and laboratory testing required for this Project. 2.8 The CITY will furnish a site for dumping all spoils and waste materials generated during construction of this Project. 2.9 The CITY will provide the material to backfill the pavement edges for this project. 2.10 If required, the CITY will be responsible for the design and development of a Storm Water Pollution Prevention Plan (SWPPP). The CITY further agrees to pay for all cost (including sub -contractor materials, labor, and equipment) associated with the implementation of the plan. The COUNTY will be responsible for maintenance of the plan during the duration of the Project. Documentation and record keeping of the SWPPP will be the responsibility of the CITY 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 no later than 30 days of the date of project completion. 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 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 time. 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. B. 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 This Agreement will automatically terminate on either December 31, 2024, 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. 11. COMPLIANCE WITH LAWS In providing the services required by this Agreement, COUNTY and 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. COUNTY and CITY shall be responsible for ensuring its compliance with any laws and regulations applicable to its business, including maintaining any necessary licenses and permits. TARRANT COUNTY, TEXAS r Tim O'Hare County Judge Date: O CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: Aug 2, 2024 Gary �Fickes�� Commissioner, Precinct 3 Date: gl �U /-,;to ; 7 APPROVED AS TO FORM* r Criminal District Attorney' Office* * 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. _ A. Lauren Pr(eur (Jul 25, 2024 08:29 CDT) Lauren Prieur Director of Transportation, and Public Works Date: Jut 25, 2024 400vovn b� pa0 v ,o ° o �O�-Idd �o Attest: 000 0o d pa o y riX00 ASgdp APPROVED AS TO FORM AND LEGALITY i996r- Douglas Black (Jut 25, 202413:49 CDT) Douglas Black Assistant City Attorney M&C: 24-0480 Date: 6/11/2024 C OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Approval of a Project for an Interlocal Agreement Between Tarrant County, Texas and City of Fort Worth C� ► 7 7 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: • Rehabilitate and Resurface Day Road located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from 600 feet East of Old Denton Road to Dead End (Approximately 1,630 linear feet). • Rehabilitate and Resurface John Day Road located within the City of Fort Worth and Tarrant County Commissioner Precinct #3 from Fort Worth City Limits to Barnwood Road (Approximately 2,450 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. l / By: Date: Presiding Officer of the Tarrant County Commissioners Court 2024 INTERLOCAL AGREEMENT WITH TARRANT COUNTY — PRECINCT 3 City Project Number 105354 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. R&d ilaanaW Riad Nusrallah Sr. Professional Engineer Title CITY COUNCIL AGENDA FoR1 Create New From This M&C REFERENCE **M&C 24- 202024 INTERLOCAL DATE: 6/11/2024 NO.: 0480 LOG NAME: AGREEMENT TARRANT COUNTY PRECINCT 3 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 10) Authorize Execution of an Interlocal Agreement with Tarrant County for the Rehabilitation and Resurfacing of Day Road (from 600-Foot East of Old Denton Road to the Dead End) and John Day Road (from Fort Worth City Limits to Barnwood Road) in Precinct 3, with City Participation in the Amount of $400,000.00 RECOMMENDATION: It is recommended that the City Council authorize execution of an Interlocal Agreement with Tarrant County for the rehabilitation and resurfacing of Day Road (from 600-foot east of Old Denton Road to the dead end) and John Day Road (from Fort Worth City Limits to Barnwood Road) in Precinct 3, with City participation in the amount of $400,000.00 (City Project No. 105354). DISCUSSION: In the Fiscal Year 2024 Pay -Go General Capital Projects Program, various types of street maintenance projects 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 1.56 lane miles. Tarrant County's Precinct 3 has agreed to participate in the rehabilitation and resurfacing of Day Road (from 600-foot east of Old Denton Road to the dead end), and John Day Road (from Fort Worth City Limits to Barnwood Road). Under an Interlocal 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 of $400,000.00. Additionally, the City agrees to provide traffic control for the duration of the project or as deemed necessary by Tarrant County (City Project No. 105354). Construction for this project is expected to start in July 2024 and be completed by December 2024. Upon completion of the project, there will be no anticipated impact on the General Fund operating budget. Funding is budgeted in the General Capital Projects Fund for the Transportation and Public Works Department for the purpose of funding the 2024 Interlocal Agreement TC project, as appropriated. BUSINESS EQUITY: A goal is not assigned when purchasing from an approved purchasing cooperative or public entity. The project is located in 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 2024 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 Department Account Project program Activity Budget Reference # Amount ID ID Year (Chartfield 2) a:Z0]LTA Fund Department Account Project program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manaaer's Office bv: Jesica McEachern (5804) Oriainatina Department Head: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 202024 INTERLOCAL AGREEMENT TARRANT COUNTY PRECINCT 3.docx (CFW Internal) 2024 Interlocal Agreement Tarrant Countv Precinct 3.docx (CFW Internal) 2024 INTERLOCAL AGREEMENT TARRANT COUNTY PRECINCT 3 FID Table.xlsx (CFW Internal) M&C Map 20241LAPrecinct 3 CPN105354.pdf (Public) Mayor &Council Map I CPN # 105354 2024 ILA Precinct 3 1 Asphalt Pavement CD#10 • tw FORT WORTH. -. - � 1`hY •I i � - ��i - c P. t �1 44 0 �„ ZLU 4. o :, --�. _, �gS�LONG f s • _ iL- w INTERMODAL t `l p;LLI`%ANC w �- SP�IRIIT �p m Q! - Cq�� nity Map 2,000 4,000 Feet N Da[S.—CF GIS,Nearmapl M.pge...EApr112D24 TPW8u, ,,S,p�r[Ser � p,rynto nv�F mn �olmd �o •fJ wsepreroµrcu w.ae m o.M � dmo�ol�+o.+oi io.. �rerd iburalrorcworcnown,s�o re,yo�rbnN S. h.aaVarol+a.e a�w