Loading...
HomeMy WebLinkAboutContract 61933CSC No. 61933 THE STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT 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 with the: • Reconstruct and asphalt overlay of Columbia Avenue from Castleberry Cut -Off Road to Roberts Cut -Off Road; all located within the CITY; being approximately 31,395 square feet. Collectively 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 representative to sign this Agreement; and 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: OFFICIAL RECORD Page 1 of 6 CITY SECRETARY FT. WORTH, TX TERMS AND CONDITIONS COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project. Columbia Avenue from Castleberry Cut -Off Road to Roberts Cult -Off Road: COUNTY will mill and remove excess materials, the COUNTY will reclaim, and cement stabilize the exposed subgrade, regrade, shape, and prime the stabilized roadbed, place two inches of asphalt surface (type D), backfill pavement edges and clean the project of excessive spoil materials. 2. CITY RESPONSIBILITY The CITY will provide up to $140,000.00 for material cost and expenses related to the Project as involved for the following, 2.1 CITY will furnish all materials for the Project and pay trucking charges. 2.2 CITY will furnish a site for dumping waste in close proximity to job site for materials generated during this project. 2.3 CITY will furnish water and water meter if required, for construction or reconstruction projects. 2.4 CITY will furnish all rights of way, plan specifications and engineering drawings_ 2.5 CITY will furnish and maintain necessary traffic controls including Type A barricades to redirect traffic flow to alternate lanes during the construction phase of the project: and 2.6 The CITY will furnish labor and equipment to do locates in the project work zone and assist COUNTY equipment operators during the excavation to ensure obstacles such as utilities, valve boxes, manhole covers, and curbs are not damaged. 2.7 CITY will verify the location of all utility locations, mark those locations and then remove the utilities that will interfere with the progress of the project. 2.8 CITY will provide the labor and equipment if hand excavation is required. 2.9 CITY will provide temporary driving lane markings. 2.10 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. Page 2 of 6 2.11 CITY will provide a location for the County to park their heavy equipment near the job site: and 2.12 CITY will provide any soil lab testing and/or material testing needed for the project. 2.13 CITY will reimburse the COUNTY for actual cost of any overtime hours the CITY requests the COUNTY to provide watering the roadway for dust control after regular work hours. 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. Upon expiration of 30 days after project completion, the CITY will be solely responsible for 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 immunity. 5. OPTIONAL SERVICES 5.1 If requested by the CITY, the COUNTY will apply permanent striping coordinated through the Transportation Department to that part of the Project described in 1 above. Application of striping by the COUNTY is limited to those Projects. 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 or contact a private vendor. 5.2 If necessary, the 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. 5.4 If a Storm Water Prevention Plan is provided by the CITY, the COUNTY will be responsible for the implementation and maintenance of the Plan during the duration of the Project. B. 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. Page 3 of 6 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 The initial term of this Agreement is until September 30, 2024, and will automatically renew for one year thereafter unless terminated by either party in writing. Either party may terminate this Agreement at any time —either before the expiration of the initial term or after the renewal of any term thereafter —by providing the other party with 30-days written notice of termination. In the event of termination by either party, neither party shall have any obligations to the other party under this Agreement, except that the CITY is still liable for payment to the COUNTY for any outstanding invoice for the Project. Page 4 of 6 TARRANT COUNTY, TEXAS qA� COUNTY JUDGE Date: - / Manny Ramirez COMMISSIONER, PRECINCT FOUR Attest: NCR APPROVED AS TO FORM* LEGALITY Criminal District Attorney's 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. CITY OF FORT WORTH Authorized City Official Date: Aug 2, 2a24 Recommended for Approval: A , Lauren Prleur (Jul 25. 2024 08:29 CDT) Lauren Prieur, Director of Transportation and Public Works dp94n4 Fa�FoRT�'pdp Attest: ;ho oo o���d ��I I o APPROVED AS TO FORM AND ❑ou;iaz 5lack5lack Q 13:48 CDT) Assistant City Attorney M&C: 24-0450 Date: 5/21/2024 OFFICIAL RECORD Page 5 of 6 CITY SECRETARY FT. WORTH, TX 2024 INTERLOCAL AGREEMENT WITH TARRANT COUNTY — PRECINCT 4 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. Rcad ?2u ld" Riad Nusrallah Sr. Professional Engineer Title Mayor & Council Map I CPN #105354 2024 Interlocal Project I Columbia Avenue CD #2 Vicinity Map Sansom Park FORT WORTH. fC 6 171 "NA P 17, own i non U B fAlf. , 9 amogo m go A �� /�� ��� _ ,�;:. � '� 1 � � tom' ,� > -+� F�� � � -_ 2:'o LU V1 > 019, bra 0 175 350 Feet --S.— C-.,�,N.r—,JM.pg—..dAp,112G24 N TPWB1',1n—S,pp ,tS,,,i... CITY COUNCIL AGENDAOT I - Create New From This M&C REFERENCE **M&C 24- 2024 INTERLOCAL DATE: 5/21/2024 NO.: 0450 LOG NAME: AGREEMENT TARRANT COUNTY PRECINCT 4 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 2) Authorize Execution of an Interlocal Agreement with Tarrant County for the Reconstruction and Overlay of Colombia Avenue from Roberts Cut Off Road to Castleberry Cut Off Road in Precinct 4, with City Participation in the Amount of $140,000.00 RECOMMENDATION: It is recommended that the City Council authorize execution of an Interlocal Agreement with Tarrant County for reconstruction and overlay of Colombia Avenue from Roberts Cut Off Road to Castleberry Cut Off Road in Precinct 4, with City participation in the amount of $140,000.00 (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 0.45 lane miles. Tarrant County's Precinct 4 has agreed to participate in the reconstruction and asphalt overlay of Columbia Avenue from Roberts Cut off Road to Castleberry Cut Off Road. 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 of $140,000.00. 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 May 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 TPW Dept Highway & Streets Department for the purpose of funding the 2024 Interlocal Agreement 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 2. 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 Department Account Project Budget Reference # Amount Fund ID ID Program Activity Year (Chartfield 2) FROM Fund Department Account Prop ct Program Activity BYear udget (Refere c # Amount ID Submitted for Citv Manager's Office bv: Jesica McEachern (5804) Oriqinatinq Department Head: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 105354 ILA TC Precinct 4 MC FID Attachment.xlsx (CFW Internal) 2024 INTERLOCAL AGREEMENT TARRANT COUNTY PRECINCT 4.docx (CFW Internal) MC Map ColumbiaAve CPN105354.iDdf (Public)